The Florida Senate

446.011  Legislative intent regarding apprenticeship training.

446.021  Definitions of terms used in ss. 446.011-446.092.

446.032  General duties of division with respect to apprenticeship training.

446.041  Apprenticeship program, duties of division.

446.045  State Apprenticeship Council.

446.051  Related instruction for apprentices.

446.052  Preapprenticeship program.

446.061  Expenditures.

446.071  Apprenticeship sponsors.

446.075  Federal and state cooperation.

446.081  Limitation.

446.091  On-the-job training program.

446.092  Criteria for apprenticeship occupations.

446.20  Administration of responsibilities under the federal Job Training Partnership Act.

446.205  Job Training Partnership Act family dropout prevention program.

446.21  Short title.

446.22  Definitions.

446.23  Obligations of a mentor.

446.24  Obligations of a youth participant.

446.25  Implementation.

446.26  Funding.

446.27  Annual report.

446.40  Rural Manpower Services Act; short title.

446.41  Legislative intent with respect to rural manpower training and development; establishment of Rural Manpower Services Program.

446.42  General purpose of Rural Manpower Services Program.

446.43  Scope and coverage of Rural Manpower Services Program.

446.44  Duties of Rural Manpower Services Program.

446.50  Displaced homemakers; multiservice programs; report to the Legislature; Displaced Homemaker Trust Fund created.

446.51  Displaced homemaker programs; discrimination prohibited.

446.52  Confidentiality of information.

446.60  Displaced local exchange telecommunications company workers; assistance.

446.605  Applicability of Workforce Florida Act of 1996.

446.606  Designation of primary service providers.

446.609  Jobs for Florida's Graduates Act.

446.011  Legislative intent regarding apprenticeship training.--

(1)  It is the intent of the State of Florida to provide educational opportunities for its young people so that they can be trained for trades, occupations, and professions suited to their abilities. It is the intent of this act to promote the mode of training known as apprenticeship in occupations throughout industry in the state that require physical manipulative skills. By broadening job training opportunities and providing for increased coordination between public school academic programs, vocational programs, and registered apprenticeship programs, the young people of the state will benefit from the valuable training opportunities developed when on-the-job training is combined with academic-related classroom experiences. This act is intended to develop the apparent potentials in apprenticeship training by assisting in the establishment of preapprenticeship programs in the public school system and elsewhere and by expanding presently registered programs as well as promoting new registered programs in jobs that lend themselves to apprenticeship training.

(2)  It is the intent of the Legislature that the Division of Jobs and Benefits of the Department of Labor and Employment Security have responsibility for the development of the apprenticeship and preapprenticeship uniform minimum standards for the apprenticeable trades and that the Division of Workforce Development of the Department of Education have responsibility for assisting district school boards and community college district boards of trustees in developing preapprenticeship programs in compliance with the standards established by the Division of Jobs and Benefits.

(3)  It is the further intent of this act that the Division of Jobs and Benefits ensure quality training through the adoption and enforcement of uniform minimum standards and that the Bureau of Apprenticeship of the Division of Jobs and Benefits promote, register, monitor, and service apprenticeship and training programs and ensure that such programs adhere to the standards.

(4)  It is the intent of the Legislature that this act not require the use of apprentices on construction projects financed by the state or any county, municipality, town or township, public authority, special district, municipal service taxing unit, or other agency of state or local government. Notwithstanding this intent, whenever any government or agency of government employs, of its own choice, apprentices or employs contractors who employ apprentices, the behavior of the government and the contractors employed by the government shall be governed by the provisions of this act.

History.--s. 1, ch. 23934, 1947; s. 11, ch. 25035, 1949; s. 1, ch. 28037, 1953; s. 1, ch. 63-153; ss. 17, 35, ch. 69-106; s. 1, ch. 72-113; s. 53, ch. 73-338; s. 29, ch. 79-7; s. 1, ch. 79-397; s. 284, ch. 81-259; s. 1, ch. 82-52; s. 18, ch. 83-174; s. 4, ch. 85-75; s. 7, ch. 95-345; s. 16, ch. 97-98; s. 35, ch. 97-307; s. 20, ch. 98-58.

Note.--Former s. 446.06.

446.021  Definitions of terms used in ss. 446.011-446.092.--As used in ss. 446.011-446.092, the following words and terms shall have the following meanings unless the context clearly indicates otherwise:

(1)  "Preapprentice" means any person 16 years of age or over engaged in any course of instruction in the public school system or elsewhere, which course is registered as a preapprenticeship program with the Division of Jobs and Benefits of the Department of Labor and Employment Security.

(2)  "Apprentice" means a person at least 16 years of age who is engaged in learning a recognized skilled trade through actual work experience under the supervision of journeymen craftsmen, which training should be combined with properly coordinated studies of related technical and supplementary subjects, and who has entered into a written agreement, hereinafter called an apprentice agreement, with a registered apprenticeship sponsor who may be either an employer, an association of employers, or a local joint apprenticeship committee.

(3)  "Trainee" means a person at least 16 years of age who is engaged in learning a specific skill, trade, or occupation within a formalized, on-the-job training program.

(4)  "Journeyman" means a person working in an apprenticeable occupation who has successfully completed a registered apprenticeship program or who has worked the number of years required by established industry practices for the particular trade or occupation.

(5)  "Preapprenticeship program" means an organized course of instruction in the public school system or elsewhere, which course is designed to prepare a person 16 years of age or older to become an apprentice and which course is approved by and registered with the Bureau of Apprenticeship of the Division of Jobs and Benefits and sponsored by a registered apprenticeship program.

(6)  "Apprenticeship program" means an organized course of instruction, registered and approved by the division, which course shall contain all terms and conditions for the qualifications, recruitment, selection, employment, and training of apprentices including such matters as the requirements for a written apprenticeship agreement.

(7)  "On-the-job training program" means a formalized system of job processes which may be augmented by related instruction that provides the experience and knowledge necessary to meet the training objective of learning a specific skill, trade, or occupation. Such training program shall be at least 6 months and not more than 2 years in duration and shall be registered with the division.

(8)  "Uniform minimum preapprenticeship standards" means the minimum requirements established uniformly for each craft under which a preapprenticeship program is administered and includes standards of admission, training goals, training objectives, curriculum outlines, objective standards to measure successful completion of the preapprenticeship program, and the percentage of credit that may be given to preapprenticeship graduates upon acceptance into the apprenticeship program.

(9)  "Related instruction" means an organized and systematic form of instruction designed to provide the apprentice with knowledge of the theoretical subjects related to a specific trade or occupation.

(10)  "Cancellation" means the deregistration of an apprenticeship program or the termination of an apprenticeship agreement.

(11)  "Jurisdiction" means the specific geographical area for which a particular program is registered.

(12)  "Division" means the Division of Jobs and Benefits of the Department of Labor and Employment Security.

(13)  "Director" means the director of the Division of Jobs and Benefits.

History.--s. 2, ch. 23934, 1947; s. 1, ch. 63-153; s. 2, ch. 72-113; s. 54, ch. 73-338; s. 30, ch. 79-7; s. 2, ch. 79-397; s. 19, ch. 83-174; s. 8, ch. 95-345.

Note.--Former s. 446.07.

446.032  General duties of division with respect to apprenticeship training.--The Division of Jobs and Benefits shall:

(1)  Establish uniform minimum standards and policies governing apprentice programs and agreements. Such standards and policies shall govern the terms and conditions of the apprentice's employment and training, including the quality training of the apprentice with respect to, but not limited to, such matters as ratios of apprentices to journeymen, safety, related instruction, and on-the-job training; but such standards and policies shall not include rules, standards, or guidelines that require the use of apprentices and job trainees on state, county, or municipal contracts. The division may adopt rules as necessary to carry out such standards and policies.

(2)  Establish by rule procedures to be utilized by the State Apprenticeship Council in accordance with the provisions of s. 446.045.

(3)  Establish a Bureau of Apprenticeship pursuant to the instructions of the Secretary of Labor and Employment Security.

History.--s. 2, ch. 82-52; s. 1, ch. 82-55; s. 20, ch. 83-174; s. 9, ch. 95-345.

446.041  Apprenticeship program, duties of division.--The Division of Jobs and Benefits shall:

(1)  Administer the provisions of ss. 446.011-446.092.

(2)  Administer the standards established by the division.

(3)  Register in accordance with this chapter any apprenticeship or preapprenticeship program, regardless of affiliation, which meets standards established by the division.

(4)  Investigate complaints concerning the failure of any registered program to meet the standards established by the division.

(5)  Cancel the registration of any program which fails to comply with the standards and policies of the division or which unreasonably fails or refuses to cooperate with the division in monitoring and enforcing compliance with such standards.

(6)  Develop and encourage apprenticeship programs.

(7)  Cooperate with and assist local apprenticeship sponsors in the development of their apprenticeship standards and training requirements.

(8)  Cooperate with and assist the Division of Workforce Development of the Department of Education and appropriate education institutions in the development of viable apprenticeship and preapprenticeship programs.

(9)  Encourage registered apprenticeship programs to grant consideration and credit to individuals completing registered preapprenticeship programs.

(10)  Monitor registered apprenticeship programs to ensure that they are being operated in compliance with all applicable standards.

(11)  Supervise all apprenticeship programs which are registered with the division.

(12)  Adopt rules as required to implement the provisions of this act.

History.--s. 4, ch. 23934, 1947; s. 3, ch. 28037, 1953; s. 1, ch. 63-153; s. 19, ch. 63-400; ss. 17, 35, ch. 69-106; s. 168, ch. 71-377; s. 3, ch. 72-113; s. 1, ch. 73-283; s. 56, ch. 73-338; s. 1, ch. 77-174; s. 11, ch. 78-95; s. 32, ch. 79-7; s. 4, ch. 79-397; s. 21, ch. 83-174; s. 5, ch. 85-75; s. 10, ch. 95-345; s. 17, ch. 97-98; s. 36, ch. 97-307; s. 21, ch. 98-58.

Note.--Former s. 446.09.

446.045  State Apprenticeship Council.--

(1)  For the purposes of this section:

(a)  "Joint employee organization" means an apprenticeship sponsor who participates in a collective bargaining agreement and represents employees.

(b)  "Nonjoint employer organization" means an apprenticeship sponsor who does not participate in a collective bargaining agreement and who represents management.

(2)(a)  There is created a State Apprenticeship Council to be composed of 13 members, which shall be advisory to the Division of Jobs and Benefits of the Department of Labor and Employment Security. The purpose of the council is to advise the division on matters relating to apprenticeship. The council may not establish policy, adopt rules, or consider whether particular apprenticeship programs should be approved by the division or bureau. Only those matters contained in the notice of meeting provided by the division shall be considered by the council at council meetings.

(b)  The division director or the division director's designee shall be ex officio chair of the State Apprenticeship Council, but may not vote. The administrator of industrial education of the Department of Education and the state director of the Bureau of Apprenticeship and Training of the United States Department of Labor shall be appointed nonvoting members of the council. The Governor shall appoint two three-member committees for the purpose of nominating candidates for appointment to the council. One nominating committee shall be composed of joint employee organization representatives, and the other nominating committee shall be composed of nonjoint employer organization representatives. The joint employee organization nominating committee shall submit to the Governor the names of three persons for each vacancy occurring among the joint employee organization members on the council, and the nonjoint employer organization nominating committee likewise shall submit to the Governor the names of three persons for each vacancy occurring among the nonjoint employer organization members on the council. The Governor shall appoint to the council five members representing joint employee organizations and five members representing nonjoint employer organizations from the candidates nominated for each position by the respective nominating committees. Each member shall represent industries which have registered apprenticeship programs or in which a need for apprenticeship programs has been demonstrated. Initially, the Governor shall appoint four members for terms of 4 years, two members for terms of 3 years, two members for terms of 2 years, and two members for terms of 1 year. Thereafter, members shall be appointed for 4-year terms. A vacancy shall be filled for the remainder of the unexpired term.

(c)  The council shall meet at the call of the chair or at the request of a majority of its membership, but at least twice a year. A majority of the voting members shall constitute a quorum, and the affirmative vote of a majority of a quorum is necessary to take action.

(d)  The Governor may remove any member for cause.

(e)  The council shall maintain minutes of each meeting. The division shall keep on file the minutes of each meeting and shall make such minutes available to any interested person.

(f)  Members of the council shall serve without compensation, but shall be entitled to receive reimbursement for per diem and travel expenses as provided in s. 112.061.

History.--ss. 1, 2, ch. 82-55; s. 22, ch. 83-174; s. 69, ch. 85-81; s. 1, ch. 88-14; s. 5, ch. 91-429; s. 11, ch. 95-345; s. 145, ch. 97-103; s. 54, ch. 99-5.

446.051  Related instruction for apprentices.--

(1)  The administration and supervision of related and supplemental instruction for apprentices, coordination of such instruction with job experiences, and selection and training of teachers and coordinators for such instruction, all as approved by the registered program sponsor, shall be the responsibility of the appropriate ¹career education institution.

(2)  The appropriate ¹career education institution shall be encouraged to cooperate with and assist in providing to any registered program sponsor facilities, equipment and supplies, and instructors' salaries for the performance of related and supplemental instruction associated with the registered program.

History.--s. 5, ch. 23934, 1947; s. 4, ch. 28037, 1953; s. 1, ch. 63-153; ss. 15, 17, 35, ch. 69-106; s. 5, ch. 79-397.

¹Note.--The term "career education" was substituted for the term "vocational education" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

Note.--Former s. 446.10.

446.052  Preapprenticeship program.--

(1)  There is created and established a preapprenticeship education program, as defined in s. 446.021.

(2)  The Division of Workforce Development of the Department of Education, under regulations established by the State Board of Education, is authorized to administer the provisions of ss. 446.011-446.092 that relate to preapprenticeship programs in cooperation with district school boards and community college district boards of trustees. District school boards, community college district boards of trustees, and registered program sponsors shall cooperate in developing and establishing programs that include vocational instruction and general education courses required to obtain a high school diploma.

(3)  The Division of Workforce Development, the district school boards, the community college district boards of trustees, and the Division of Jobs and Benefits shall work together with existing registered apprenticeship programs so that individuals completing such preapprenticeship programs may be able to receive credit towards completing a registered apprenticeship program.

(4)  Veterans who have received discharges other than dishonorable discharges shall, if qualified, receive the same priorities given to registered preapprentices.

History.--s. 4, ch. 72-113; s. 57, ch. 73-338; s. 6, ch. 79-397; s. 285, ch. 81-259; s. 23, ch. 83-174; s. 19, ch. 84-114; s. 6, ch. 85-75; s. 12, ch. 95-345; s. 18, ch. 97-98; s. 37, ch. 97-307; s. 22, ch. 98-58.

446.061  Expenditures.--The Division of Jobs and Benefits shall make necessary expenditures from the appropriation provided by law for personal services, travel, printing, equipment, office space, and supplies as provided by law.

History.--s. 6, ch. 23934, 1947; s. 24, ch. 57-1; s. 1, ch. 63-153; ss. 17, 35, ch. 69-106; s. 1, ch. 73-283; s. 1, ch. 77-174; s. 24, ch. 83-174; s. 13, ch. 95-345.

Note.--Former s. 446.11.

446.071  Apprenticeship sponsors.--

(1)  One or more local apprenticeship sponsors shall be approved in any trade or group of trades by the Division of Jobs and Benefits, upon a determination of need, provided the apprenticeship sponsor meets all of the standards established by the division. "Need" refers to the need of state residents for apprenticeship training. In the absence of proof to the contrary, it shall be presumed that there is need for apprenticeship and preapprenticeship training in each county in this state.

(2)  A local apprenticeship sponsor may be a committee, a group of employers, an employer, or a group of employees, or any combination thereof.

(3)  The division has authority to grant a variance from the standards upon a showing of good cause for such variance by program sponsors in nonconstruction trades. The purpose of this provision is to recognize the unique and varying training requirements in nontraditional apprenticeable occupations and to authorize the division and bureau to adapt the standards to the needs of such programs.

History.--s. 7, ch. 23934, 1947; s. 1, ch. 63-153; ss. 17, 35, ch. 69-106; s. 5, ch. 72-113; s. 58, ch. 73-338; s. 1, ch. 77-183; s. 7, ch. 79-397; s. 25, ch. 83-174; s. 14, ch. 95-345.

Note.--Former s. 446.12.

446.075  Federal and state cooperation.--The Division of Jobs and Benefits of the Department of Labor and Employment Security is authorized to make and enter into contracts with the United States Department of Labor, and to assume such other functions and duties as are necessary for the division to serve as registration agent for federal apprenticeship registration purposes, except that the division shall not enforce any federal apprenticeship requirement unless the division first adopts such requirement as a rule. All rules promulgated and administrative hearings afforded by the division because of this section shall be in accordance with the requirements of chapter 120.

History.--s. 1, ch. 77-182; s. 33, ch. 79-7; s. 8, ch. 79-397; s. 26, ch. 83-174; s. 15, ch. 95-345.

446.081  Limitation.--

(1)  Nothing in ss. 446.011-446.092 or in any apprentice agreement approved under those sections shall operate to invalidate any apprenticeship provision in any collective agreement between employers and employees setting up higher apprenticeship standards.

(2)  No person shall institute any action for the enforcement of any apprentice agreement, or for damages for the breach of any apprentice agreement, made under ss. 446.011-446.092, unless he or she has first exhausted all administrative remedies provided by this section.

(3)  Any person aggrieved by any determination or act of the division shall have the right to an administrative hearing.

History.--s. 8, ch. 23934, 1947; s. 5, ch. 28037, 1953; s. 1, ch. 63-153; s. 1, ch. 69-267; s. 1, ch. 73-283; s. 120, ch. 73-333; s. 1, ch. 77-174; s. 11, ch. 78-95; s. 27, ch. 83-174; s. 146, ch. 97-103.

Note.--Former s. 446.13.

446.091  On-the-job training program.--All provisions of ss. 446.011-446.092 relating to apprenticeship and preapprenticeship, including, but not limited to, programs, agreements, standards, administration, procedures, definitions, expenditures, local committees, powers and duties, limitations, grievances; ratios of apprentices and job trainees to journeymen on state, county, and municipal contracts; and functions of the Division of Jobs and Benefits shall be appropriately adapted and made applicable to a program of on-the-job training hereby authorized for persons other than apprentices.

History.--s. 2, ch. 63-153; ss. 17, 35, ch. 69-106; s. 1, ch. 73-283; s. 59, ch. 73-338; s. 1, ch. 77-174; s. 28, ch. 83-174; s. 76, ch. 83-218; s. 16, ch. 95-345.

446.092  Criteria for apprenticeship occupations.--An apprenticeable occupation is a skilled trade which possesses all of the following characteristics:

(1)  It is customarily learned in a practical way through a structured, systematic program of on-the-job, supervised training.

(2)  It is commonly recognized throughout the industry or recognized with a positive view towards changing technology.

(3)  It involves manual, mechanical, or technical skills and knowledge which require a minimum of 2,000 hours of work and training, which hours are excluded from the time spent at related instruction.

(4)  It requires related instruction to supplement on-the-job training. Such instruction may be given in a classroom or through correspondence courses.

(5)  It involves the development of skill sufficiently broad to be applicable in like occupations throughout an industry, rather than of restricted application to the products or services of any one company.

(6)  It does not fall into any of the following categories:

(a)  Selling, retailing, or similar occupations in the distributive field.

(b)  Managerial occupations.

(c)  Professional and scientific vocations for which entrance requirements customarily require an academic degree.

History.--s. 9, ch. 79-397; s. 77, ch. 83-218.

¹446.20  Administration of responsibilities under the federal Job Training Partnership Act.--

(1)  The Department of Labor and Employment Security is responsible for carrying out the duties and responsibilities assigned by the Governor under the Job Training Partnership Act, Pub. L. No. 97-300.

(2)  The Enterprise Florida Jobs and Education Partnership is designated as the State Human Resource Investment Council. The State Human Resource Investment Council and its subcommittees, which are hereby created, as provided by Pub. L. No. 97-300, as amended, shall have the responsibilities as assigned by the Governor, who shall appoint members for 4-year staggered terms, pursuant to the Job Training Partnership Act.

(3)  To ensure the participation and representation of women and minorities, the State Human Resource Investment Council and its subcommittees shall adhere to provisions of s. 110.112, relating to affirmative action as administered by the Department of Labor and Employment Security.

(4)  The director of the Division of Jobs and Benefits may, upon delegation from the Secretary of Labor and Employment Security, sign contracts, grants, and other instruments on behalf of the Governor as necessary to execute the functions assigned to the Governor under the Job Training Partnership Act.

(5)  The director of the Division of Jobs and Benefits shall be the authority, upon delegation from the Secretary of Labor and Employment Security, to make rules for the administration of this act.

(6)  The Division of Jobs and Benefits may assume such duties as are delegated to it by the United States Government and its agencies for the purpose of obtaining federal funding to carry out the purposes of the Job Training Partnership Act in this state.

(7)  The assignment of powers and duties to the Division of Jobs and Benefits shall not be construed to limit the authority and responsibility of the Secretary of Labor and Employment Security as provided in s. 20.05(1)(a).

History.--ss. 44, 46, ch. 83-174; s. 70, ch. 85-81; ss. 1, 4, 5, ch. 90-235; s. 5, ch. 91-429; s. 17, ch. 95-345; s. 7, ch. 96-404; s. 62, ch. 99-251.

¹Note.--Repealed June 30, 2000, by s. 62, ch. 99-251.

¹446.205  Job Training Partnership Act family dropout prevention program.--

(1)  The purpose of this section is to provide a dropout prevention program for youth and families who are participants in services provided under the Job Training Partnership Act.

(2)  Each local private industry council shall develop and establish a program to provide dropout prevention services to eligible youth and families who are enrolled in a program provided under the Job Training Partnership Act.

(3)  Local school boards and district Department of Children and Family Services offices shall coordinate with the local private industry council in the development and implementation of a dropout prevention program. Moneys may be allocated to this program from the funds received by each local private industry council.

(4)  A parent or guardian of a family who is a participant in the services provided under the Job Training Partnership Act and the youth of such parent or guardian between the ages of 14 and 21 who are in school and making progress toward the completion of high school or general education development diplomas and who are participants in the services provided under the Job Training Partnership Act are eligible to participate in the dropout prevention program. A youth participant whose parent or guardian is not a Job Training Partnership Act participant and who is between the ages of 14 and 21 years is also eligible for dropout prevention services.

History.--s. 21, ch. 90-273; s. 1, ch. 91-147; s. 213, ch. 99-8; s. 62, ch. 99-251.

¹Note.--Repealed June 30, 2000, by s. 62, ch. 99-251.

446.21  Short title.--This act may be cited as the "Florida Youth-at-Risk 2000 Pilot Program."

History.--s. 11, ch. 90-273.

446.22  Definitions.--As used in this act, the following words and phrases shall have the meanings set forth herein, except where the context otherwise requires:

(1)  "Advisory council" means the ¹State Job Training Coordinating Council, as created and described by s. 446.20(2).

(2)  "Participating business" means the employer of the youth participant in the program, which may or may not be the employer of the mentor.

(3)  "Department" means the Department of Labor and Employment Security.

(4)  "Dropout" means a person who is neither attending school nor subject to a compulsory attendance law and who has not received a secondary school diploma or a certificate from a program of equivalency for such diploma.

(5)  "Educational facility" means any secondary school, community college, university, or vocational school participating in the program.

(6)  The "Job Training Partnership Act" means the federal act as the same may hereafter be amended.

(7)  "Mentor" means an individual 25 years of age or older who agrees through a written agreement with the private industry council to provide support and encouragement to an enrollee in the program during his or her training.

(8)  "Program" means the Florida Youth-at-Risk 2000 Pilot Program, as created, organized, and operated consistent with the provisions of this act.

(9)  "Private industry council" means an organization comprised of private businesses, local government, education, welfare agencies, organized labor, and community-based organizations designated by the ¹State Job Training Coordinating Council under the federal Job Training Partnership Act to deliver training and educational services to youth and unemployed persons.

(10)  "Youth participant" or "enrollee" means an individual at least 14 years of age and under 22 years of age at the time of enrolling in the program and who meets at least one of the following eligibility criteria:

(a)  He or she has dropped out of school;

(b)  He or she is a teenage parent;

(c)  He or she is a status offender or runaway, or has entered the juvenile justice system; or

(d)  He or she is a minimum of 3 years below grade level in reading skills or 5 years below grade level in math skills, as measured by tests approved for this purpose by the State Board of Education. For purposes of this paragraph, "grade level" means that grade level which the student should have attained based upon age had he or she progressed normally through the school system upon entry, which may or may not be the grade level in which the student is currently enrolled.

History.--s. 13, ch. 90-273; s. 2, ch. 91-147; s. 28, ch. 91-201; s. 5, ch. 91-429.

¹Note.--The State Job Training Coordinating Council was redesignated as the State Human Resource Investment Council by s. 7, ch. 96-404.

446.23  Obligations of a mentor.--It shall be the duty of each mentor, pursuant to a written agreement with the youth participant, the contracting entity, and the local service delivery area, to:

(1)  Participate in mentorship coaching/training sessions provided under the direction of the private industry council.

(2)  Identify and support needed educational services for the youth participant through the service delivery area and local educational facilities, such as basic skills training in reading, mathematics, and high school completion courses and examinations.

(3)  Identify and support needed social, health care, and transportation services for the youth participant through the appropriate local program offices of the Department of Children and Family Services, the Department of Health, the local vocational rehabilitation agency, or other appropriate agency.

(4)  Assist with on-the-job training for the youth participant and report his or her progress to the service delivery area office, based upon guidelines generally established by the private industry council and mutually agreed upon by the mentor, the youth participant, the participating business, and the service delivery area.

(5)  Assist the youth participant in money management and other activities designed to develop life-coping skills, as needed.

(6)  Provide such information throughout the period of participation and for at least 1 year following completion of the program as may be required to permit program monitoring and evaluation.

(7)  Meet such other obligations as may be required by the department or established by mutual agreement of the mentor, the youth participant, the participating business, and the service delivery area.

History.--s. 14, ch. 90-273; s. 3, ch. 91-147; s. 214, ch. 99-8.

446.24  Obligations of a youth participant.--Each youth participant in the program shall:

(1)  Enter into an on-the-job training program of not less than 15 hours per week.

(2)  Undertake basic skills training, as needed, to work toward occupational remedial goals, or to work toward a general education development degree or other high school completion curriculum.

(3)  Participate in money management and life-coping skills training, counseling, or other social or health care services, as needed.

(4)  Provide such information throughout the period of participation and for at least 1 year following completion of the program as may be required to permit program monitoring and evaluation.

(5)  Meet such other obligations as may be required by the department or established by mutual agreement of the mentor, the youth participant, the participating business, and the private industry council.

History.--s. 15, ch. 90-273; s. 4, ch. 91-147.

446.25  Implementation.--

(1)  The program shall begin in eight selected service delivery areas as demonstration sites to be coordinated through the Florida Employment and Training Association.

(2)  Primary responsibility for the development and coordination of the program shall rest with the Department of Labor and Employment Security, which shall promulgate rules to establish program guidelines. The service delivery areas shall coordinate services such as basic skills training, medical and social services, and transportation for the disadvantaged with the Department of Education, State Board of Community Colleges, Department of Children and Family Services, Department of Health, Commission for the Transportation Disadvantaged of the Department of Transportation, and other agencies as needed.

(3)  The ¹State Job Training Coordinating Council shall review proposed operational policies and rules associated with the program and shall act as advisory council to this program for the purpose of:

(a)  Establishing general performance standards in conjunction with the department guidelines.

(b)  Making recommendations to the department with regard to the establishment of program criteria.

(c)  Assisting in the development of linkages with potential public and private sector participants in the program.

(d)  Advising the department of changes to the federal Job Training Partnership Act which may impact this program.

(e)  Providing for followup studies and evaluating the program in conjunction with the Department of Labor and Employment Security.

History.--s. 16, ch. 90-273; s. 5, ch. 91-147; s. 28, ch. 91-201; s. 5, ch. 91-429; s. 19, ch. 97-98; s. 215, ch. 99-8.

¹Note.--The State Job Training Coordinating Council was redesignated as the State Human Resource Investment Council by s. 7, ch. 96-404.

446.26  Funding.--The program may be financed through federal Job Training Partnership Act funds and other public and private funds as appropriate.

(1)  The funds to provide educational services may be expended in accordance with general performance standards established by the advisory council and specific objectives mutually agreed upon by the mentor, the youth participant, and the local private industry council. Nothing in this act shall be construed to mandate that educational services must be conducted through traditional instructional means.

(2)  Private industry councils in the designated demonstration areas shall enter into written agreements to provide for mentor services with participating businesses.

History.--s. 17, ch. 90-273; s. 6, ch. 91-147.

446.27  Annual report.--The department shall develop reporting and evaluation formats and instructions for use by the pilot sites and shall provide an annual report to the President of the Senate, Speaker of the House of Representatives, Senate Minority Leader, and Minority Leader of the House, providing charts or graphs where deemed appropriate, including, but not limited to, the following:

(1)  PARTICIPANTS.--

(a)  The number of youth participants, in total, as well as by eligibility category.

(b)  The age and range of ages of youth participants, as well as numbers of youth participants at each age level.

(c)  The race and sex of youth participants.

(d)  The grade level of youth participants at the time of enrollment, or the last grade completed if no longer enrolled in school, as well as numbers of youth participants at each grade level.

(e)  The beginning reading level of youth participants, as compared to the grade level when enrolled, as well as numbers of youth participants at each reading and grade level.

(f)  The reading level after 6 months and 1 year in the program, as well as numbers of youth participants at each reading and grade level.

(g)  The number of dropout participants either reentering school or taking the general education development test while participating in the program or within 6 months of program completion, and the number passing said test.

(h)  The occupations for which youth participants are being trained, positions held upon enrollment, and the wage, and range of wages, earned after 6 months' participation in the program.

(i)  The number of participants who are gainfully employed in the occupation for which training was received, or in a related field, at 6 months and 1 year following completion of the program, the positions held, and the wage, and range of wages, earned thereby.

(j)  The number of participants who are gainfully employed in a different and unrelated occupation than the one for which training was received at 6 months and 1 year following completion of the program, the positions held, and the wage, and range of wages, earned thereby.

(k)  The number of participants who are unemployed at 6 months and 1 year following completion of the program, the average length of the period of unemployment, and the typical reasons given for termination of employment.

(2)  PARTICIPATING BUSINESS AND MENTORS.--

(a)  The number of participating businesses in the program, in total and by demonstration area, and the professions and industries represented thereby.

(b)  The number of mentors participating in the program, in total, as well as by demonstration area and by participating business.

(c)  The number of youth participants per mentor.

(d)  The age and range of ages of mentors.

(e)  The race and sex of mentors.

(3)  PROGRAM COSTS.--

(a)  The cost per participant and the range of per-participant costs.

(b)  Total program costs by demonstration area, broken down into the following cost categories:

1.  Salaries and benefits provided to youth participants and additional salaries and benefits or other stipends provided to mentors for participation in the program.

2.  Cost of training materials and other capital outlay costs.

3.  Cost of transportation and other miscellaneous costs.

4.  Administrative costs.

(4)  RECOMMENDATIONS.--Information derived by the department from evaluations by service delivery areas, mentors, and participants of the program and its effectiveness.

History.--s. 18, ch. 90-273; s. 7, ch. 91-147; s. 25, ch. 95-144.

446.40  Rural Manpower Services Act; short title.--Sections 446.40-446.44 shall be cited as the "Rural Manpower Services Act."

History.--s. 1, ch. 72-398.

Note.--Former s. 450.40.

446.41  Legislative intent with respect to rural manpower training and development; establishment of Rural Manpower Services Program.--In order that the state may achieve its full economic and social potential, consideration must be given to rural manpower training and development to enable its rural citizens as well as urban citizens to develop their maximum capacities and participate productively in our society. It is, therefore, the policy of the state to make available those services needed to assist individuals and communities in rural areas to improve their quality of life. It is with a great sense of urgency that a Rural Manpower Services Program is established within the Division of Jobs and Benefits of the Department of Labor and Employment Security to provide equal access to all manpower training programs available to rural as well as urban areas.

History.--s. 2, ch. 72-398; s. 1, ch. 73-283; s. 1, ch. 77-174; s. 45, ch. 79-7; s. 42, ch. 83-174; s. 18, ch. 95-345.

Note.--Former s. 450.41.

446.42  General purpose of Rural Manpower Services Program.--A trained labor force is an essential ingredient for industrial as well as agricultural growth. Therefore, it shall be the general responsibility of the Rural Manpower Services Program to provide rural business and potential rural businesses with the employment and manpower training services and resources necessary to train and retain Florida's rural workforce.

History.--s. 3, ch. 72-398.

Note.--Former s. 450.42.

446.43  Scope and coverage of Rural Manpower Services Program.--The scope of the area to be covered by the Rural Manpower Services Program will include all counties of the state not classified as standard metropolitan statistical areas (SMSA) by the United States Department of Labor Manpower Administration. Florida's designated SMSA labor areas include: Broward, Dade, Duval, Escambia, Hillsborough, Pinellas, Leon, Orange, and Palm Beach Counties.

History.--s. 4, ch. 72-398.

Note.--Former s. 450.43.

446.44  Duties of Rural Manpower Services Program.--It shall be the direct responsibility of the Rural Manpower Services Program to promote and deliver all employment and manpower services and resources to the rural undeveloped and underdeveloped counties of the state in an effort to:

(1)  Slow down out-migration of untrained rural residents to the state's overcrowded large metropolitan centers.

(2)  Assist the department's Economic Development Division in attracting light, pollution-free industry to the rural counties.

(3)  Improve the economic status of the impoverished rural residents.

(4)  Provide present and new industry with the manpower training resources necessary for them to train the untrained rural workforce toward gainful employment.

(5)  Develop rural manpower programs which will be evaluated, planned, and implemented through communications and planning with appropriate:

(a)  Departments of state and federal governments.

(b)  Divisions, bureaus, or sections of the ¹Department of Commerce.

(c)  Agencies and organizations of the public and private sectors at the state, regional, and local levels.

History.--s. 5, ch. 72-398; s. 1, ch. 73-283; s. 1, ch. 77-174.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.

Note.--Former s. 450.44.

¹446.50  Displaced homemakers; multiservice programs; report to the Legislature; Displaced Homemaker Trust Fund created.--

(1)  INTENT.--It is the intent of the Legislature to require the Division of Community Colleges of the Department of Education to enter into contracts with, and make grants to, public and nonprofit private entities for purposes of establishing multipurpose service programs to provide necessary training, counseling, and services for displaced homemakers so that they may enjoy the independence and economic security vital to a productive life.

(2)  DEFINITIONS.--For the purposes of this act:

(a)  "Displaced homemaker" means an individual who:

1.  Is 35 years of age or older;

2.  Has worked in the home, providing unpaid household services for family members;

3.  Is not adequately employed, as defined by rule of the division;

4.  Has had, or would have, difficulty in securing adequate employment; and

5.  Has been dependent on the income of another family member but is no longer supported by such income, or has been dependent on federal assistance.

(b)  "Division" means the Division of Community Colleges of the Department of Education.

(3)  DIVISION POWERS AND DUTIES.--

(a)  The division shall establish, or contract for the establishment of, programs for displaced homemakers which shall include:

1.  Job counseling, by professionals and peers, specifically designed for a person entering the job market after a number of years as a homemaker.

2.  Job training and placement services, including:

a.  Training programs for available jobs in the public and private sectors, taking into account the skills and job experiences of a homemaker and developed by working with public and private employers.

b.  Assistance in locating available employment for displaced homemakers, some of whom could be employed in existing job training and placement programs.

c.  Utilization of the services of the state employment service, which shall cooperate with the division in locating employment opportunities.

3.  Financial management services providing information and assistance with respect to insurance, including, but not limited to, life, health, home, and automobile insurance, and taxes, estate and probate problems, mortgages, loans, and other related financial matters.

4.  Educational services, including high school equivalency degree and such other courses as the division determines would be of interest and benefit to displaced homemakers.

5.  Outreach and information services with respect to federal and state employment, education, health, and unemployment assistance programs which the division determines would be of interest and benefit to displaced homemakers.

(b)1.  The division shall enter into contracts with, and make grants to, public and nonprofit private entities for purposes of establishing multipurpose service programs for displaced homemakers under this act. Such grants and contracts shall be awarded pursuant to chapter 287 and based on criteria established in the state plan developed pursuant to this section. The division shall designate catchment areas which together shall comprise the entire state, and, to the extent possible from revenues in the Displaced Homemaker Trust Fund, the division shall contract with, and make grants to, entities which will serve entire catchment areas so that displaced homemaker service programs are available statewide. The division may give priority to existing displaced homemaker programs when evaluating bid responses to the division's request for proposals.

2.  In order to receive funds under this section, and unless specifically prohibited by law from doing so, an entity that provides displaced homemaker service programs must, by the 1991-1992 fiscal year, receive at least 25 percent of its funding from one or more local, municipal, or county sources or nonprofit private sources. In-kind contributions may be evaluated by the division and counted as part of the required local funding.

3.  The division shall require an entity that receives funds under this section to maintain appropriate data to be compiled in an annual report to the division. Such data shall include, but shall not be limited to, the number of clients served, the units of services provided, designated client-specific information including intake and outcome information specific to each client, costs associated with specific services and program administration, total program revenues by source and other appropriate financial data, and client followup information at specified intervals after the placement of a displaced homemaker in a job.

(c)  The division shall consult and cooperate with the Commissioner of Education, the United States Commissioner of the Social Security Administration, and such other persons in the executive branch of the state government as the division considers appropriate to facilitate the coordination of multipurpose service programs established under this act with existing programs of a similar nature.

(d)  Supervisory, technical, and administrative positions relating to programs established under this act shall, to the maximum extent practicable, be filled by displaced homemakers.

(e)  The division shall adopt rules establishing minimum standards necessary for entities that provide displaced homemaker service programs to receive funds from the division and any other rules necessary to administer this section.

(4)  STATE PLAN.--

(a)  The division shall develop a 3-year state plan for the displaced homemaker program which shall be updated annually. The plan must address, at a minimum, the need for programs specifically designed to serve displaced homemakers, any necessary service components for such programs in addition to those enumerated in this section, goals of the displaced homemaker program with an analysis of the extent to which those goals are being met, and recommendations for ways to address any unmet program goals. Any request for funds for program expansion must be based on the state plan.

(b)  Each annual update must address any changes in the components of the 3-year state plan and a report which must include, but need not be limited to, the following:

1.  The scope of the incidence of displaced homemakers;

2.  A compilation and report, by program, of data submitted to the division pursuant to subparagraph 3. by funded displaced homemaker service programs;

3.  An identification and description of the programs in the state that receive funding from the division, including funding information; and

4.  An assessment of the effectiveness of each displaced homemaker service program based on outcome criteria established by rule of the division.

(c)  The 3-year state plan must be submitted to the President of the Senate, the Speaker of the House of Representatives, and the Governor on or before January 1, 1989, and annual updates of the plan must be submitted by January 1 of each subsequent year.

(5)  DISPLACED HOMEMAKER TRUST FUND.--

(a)  There is established within the State Treasury a Displaced Homemaker Trust Fund to be used by the division for its administration of the displaced homemaker program and to fund displaced homemaker service programs according to criteria established under this section.

(b)  The trust fund shall receive funds generated from an additional fee on marriage license applications and dissolution of marriage filings as specified in ss. 741.01(3) and 28.101, respectively, and may receive funds from any other public or private source.

(c)  Funds that are not expended by the division at the end of the budget cycle or through a supplemental budget approved by the division shall revert to the trust fund.

History.--ss. 1, 2, 3, 4, 5, 6, 7, 8, 10, ch. 76-271; s. 18, ch. 78-433; s. 1, ch. 88-181; s. 13, ch. 94-134; s. 13, ch. 94-135; s. 7, ch. 95-394; s. 89, ch. 95-418.

¹Note.--As amended by s. 7, ch. 95-394. This version is published as the last expression of legislative will (see Journal of the Senate 1995, p. 1396, and Journal of the House of Representatives 1995, p. 1807). This section was also amended by s. 89, ch. 95-418, and that version reads:

446.50  Displaced homemakers; multiservice programs; report to the Legislature; Displaced Homemaker Trust Fund created.--

(1)  INTENT.--It is the intent of the Legislature to require the Department of Education to enter into contracts with, and make grants to, public and nonprofit private entities for purposes of establishing multipurpose service programs to provide necessary training, counseling, and services for displaced homemakers so that they may enjoy the independence and economic security vital to a productive life.

(2)  DEFINITIONS.--For the purposes of this act:

(a)  "Displaced homemaker" means an individual who:

1.  Is 35 years of age or older;

2.  Has worked in the home, providing unpaid household services for family members;

3.  Is not adequately employed, as defined by rule of the department;

4.  Has had, or would have, difficulty in securing adequate employment; and

5.  Has been dependent on the income of another family member but is no longer supported by such income, or has been dependent on federal assistance.

(b)  "Department" means the Department of Education.

(3)  DEPARTMENT POWERS AND DUTIES.--

(a)  The department shall establish, or contract for the establishment of, programs for displaced homemakers which must include:

1.  Job counseling, by professionals and peers, specifically designed for a person entering the job market after a number of years as a homemaker.

2.  Job training and placement services, including:

a.  Training programs for available jobs in the public and private sectors, taking into account the skills and job experiences of a homemaker and developed by working with public and private employers.

b.  Assistance in locating available employment for displaced homemakers, some of whom could be employed in existing job training and placement programs.

c.  Utilization of the services of the state employment service, which shall cooperate with the department in locating employment opportunities.

3.  Financial management services providing information and assistance with respect to insurance, including, but not limited to, life, health, home, and automobile insurance, and taxes, estate and probate problems, mortgages, loans, and other related financial matters.

4.  Educational services, including high school equivalency degree and such other courses as the department determines would be of interest and benefit to displaced homemakers.

5.  Outreach and information services with respect to federal and state employment, education, health, and unemployment assistance programs which the department determines would be of interest and benefit to displaced homemakers.

(b)1.  The department shall enter into contracts with, and make grants to, public and nonprofit private entities for purposes of establishing multipurpose service programs for displaced homemakers under this act. Such grants and contracts shall be awarded pursuant to chapter 287 and based on criteria established in the state plan developed pursuant to this section. The department shall designate catchment areas which together shall comprise the entire state, and, to the extent possible from revenues in the Displaced Homemaker Trust Fund, the department shall contract with, and make grants to, entities which will serve entire catchment areas so that displaced homemaker service programs are available statewide. The department may give priority to existing displaced homemaker programs when evaluating bid responses to the department's request for proposals.

2.  In order to receive funds under this section, and unless specifically prohibited by law from doing so, an entity that provides displaced homemaker service programs must receive at least 25 percent of its funding from one or more local, municipal, or county sources or nonprofit private sources. In-kind contributions may be evaluated by the department and counted as part of the required local funding.

3.  The department shall require an entity that receives funds under this section to maintain appropriate data to be compiled in an annual report to the department. Such data must include, but is not limited to, the number of clients served, the units of services provided, designated client-specific information including intake and outcome information specific to each client, costs associated with specific services and program administration, total program revenues by source and other appropriate financial data, and client followup information at specified intervals after the placement of a displaced homemaker in a job.

(c)  The department shall consult and cooperate with the Commissioner of Education, the United States Commissioner of the Social Security Administration, and such other persons in the executive branch of the state government as the department considers appropriate to facilitate the coordination of multipurpose service programs established under this act with existing programs of a similar nature.

(d)  Supervisory, technical, and administrative positions relating to programs established under this act shall, to the maximum extent practicable, be filled by displaced homemakers.

(e)  The department shall adopt rules establishing minimum standards necessary for entities that provide displaced homemaker service programs to receive funds from the department and any other rules necessary to administer this section.

(4)  STATE PLAN.--

(a)  The department shall develop a 3-year state plan for the displaced homemaker program which must be updated annually. The plan must address, at a minimum, the need for programs specifically designed to serve displaced homemakers, any necessary service components for such programs in addition to those enumerated in this section, goals of the displaced homemaker program with an analysis of the extent to which those goals are being met, and recommendations for ways to address any unmet program goals. Any request for funds for program expansion must be based on the state plan.

(b)  Each annual update must address any changes in the components of the 3-year state plan and a report which must include, but need not be limited to, the following:

1.  The scope of the incidence of displaced homemakers;

2.  A compilation and report, by program, of data submitted to the department pursuant to subparagraph 3. by funded displaced homemaker service programs;

3.  An identification and description of the programs in the state that receive funding from the department, including funding information; and

4.  An assessment of the effectiveness of each displaced homemaker service program based on outcome criteria established by rule of the department.

(c)  The 3-year state plan must be submitted to the President of the Senate, the Speaker of the House of Representatives, and the Governor on or before January 1, 1996, and annual updates of the plan must be submitted by January 1 of each subsequent year.

(5)  DISPLACED HOMEMAKER TRUST FUND.--

(a)  There is established within the State Treasury a Displaced Homemaker Trust Fund to be used by the Department of Education for its administration of the displaced homemaker program and to fund displaced homemaker service programs according to criteria established under this section.

(b)  The trust fund shall receive funds generated from an additional fee on marriage license applications and dissolution of marriage filings as specified in ss. 741.01(3) and 28.101, respectively, and may receive funds from any other public or private source.

(c)  Funds that are not expended by the department at the end of the budget cycle or through a supplemental budget approved by the department shall revert to the trust fund.

Note.--Former s. 409.511; s. 410.30.

446.51  Displaced homemaker programs; discrimination prohibited.--No person in this state shall, on the basis of sex, age, race, color, religion, or national origin, be excluded from participating in, be denied the benefits of, or be subject to discrimination under, any program or activity funded in whole or in part with funds made available for displaced homemakers.

History.--s. 9, ch. 76-271; s. 18, ch. 78-433; s. 90, ch. 95-418.

Note.--Former s. 409.514; s. 410.301.

¹446.52  Confidentiality of information.--Information about displaced homemakers who receive services under ss. ²410.30 and ³410.301 which is received through files, reports, inspections, or otherwise, by the division or by authorized employees of the division, by persons who volunteer services, or by persons who provide services to displaced homemakers under ss. ²410.30 and ³410.301 through contracts with the division is confidential and exempt from the provisions of s. 119.07(1). Such information may not be disclosed publicly in such a manner as to identify a displaced homemaker, unless such person or the person's legal guardian provides written consent.

History.--s. 11, ch. 91-71; s. 8, ch. 95-394; s. 91, ch. 95-418; ss. 296, 297, ch. 96-406; ss. 1070, 1071, ch. 97-103; s. 6, ch. 99-243.

¹Note.--Section 6, ch. 99-243, amended s. 446.52, effective July 1, 2000, to read:

446.52  Confidentiality of information.--Information about displaced homemakers who receive services under ss. 446.50 and 446.51 which is received through files, reports, inspections, or otherwise, by the division or by authorized employees of the division, by persons who volunteer services, or by persons who provide services to displaced homemakers under ss. 446.50 and 446.51 through contracts with the division is confidential and exempt from the provisions of s. 119.07(1). Such information may not be disclosed publicly in such a manner as to identify a displaced homemaker, unless such person or the person's legal guardian provides written consent.

²Note.--Transferred to s. 446.50 by s. 7, ch. 95-394.

³Note.--Transferred to s. 446.51 by s. 90, ch. 95-418.

Note.--Former s. 410.302.

446.60  Displaced local exchange telecommunications company workers; assistance.--The Department of Labor and Employment Security shall provide assistance, pursuant to any applicable state or federal program within its jurisdiction, to any individual employed in Florida by a local exchange telecommunications company on June 30, 1995, who is displaced, dislocated, severed, or retired from employment as a result of the introduction of competition under this act. This assistance shall include maintaining a database of such workers to assist the industry in recruiting a trained workforce, if so requested by the worker. In addition, the Department of Labor and Employment Security shall coordinate with the Enterprise Florida Jobs and Education Partnership, the ¹Department of Commerce, and the Department of Education to assist new, existing, or expanding telecommunications businesses in Florida to apply for training grants under the guidelines and criteria of the Quick-Response Training Program pursuant to s. 288.047.

History.--s. 34, ch. 95-403.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.

¹446.605  Applicability of Workforce Florida Act of 1996.--Unless otherwise provided herein, the Workforce Florida Act of 1996 shall apply to the State Human Resource Investment Council and any Regional Workforce Development Boards in existence on the effective date of such act. Regional Workforce Development Boards shall be reconstituted, if necessary, to meet the requirements of the Workforce Florida Act of 1996. In addition, the Enterprise Florida Jobs and Education Partnership shall review each charter granted prior to the effective date of the Workforce Florida Act of 1996 to assure its compliance with the provisions of such act.

History.--s. 11, ch. 96-404; s. 62, ch. 99-251.

¹Note.--Repealed June 30, 2000, by s. 62, ch. 99-251.

¹446.606  Designation of primary service providers.--Designation of primary service providers shall not be made until the Regional Workforce Development Boards have been reconstituted in compliance with the Workforce Florida Act of 1996.

History.--s. 12, ch. 96-404; s. 62, ch. 99-251.

¹Note.--Repealed June 30, 2000, by s. 62, ch. 99-251.

¹446.609  Jobs for Florida's Graduates Act.--

(1)  SHORT TITLE.--This section may be cited as the "Jobs for Florida's Graduates Act."

(2)  DEFINITIONS.--For the purposes of this section:

(a)  "Board" means the board of directors of the Florida Endowment Foundation for Florida's Graduates.

(b)  "Department" means the Department of Education.

(c)  "Endowment fund" means an account established within the Florida Endowment Foundation for Florida's Graduates to provide a continuing and growing source of revenue for school-to-work transition efforts.

(d)  "Foundation" means the Florida Endowment Foundation for Florida's Graduates.

(e)  "Operating account" means an account established under paragraph (8)(h) to carry out the purposes of this section.

(3)  LEGISLATIVE INTENT.--The Legislature recognizes that it is in the best interest of the citizens of this state that the state have a well-educated and skilled workforce to be competitive in a changing economy. It is the intent of the Legislature to meet the challenge of ensuring a skilled workforce by creating a formal program to facilitate the important school-to-work transition and to provide additional funding to achieve this goal. Accordingly, the Legislature finds and declares that:

(a)  The purpose of this section is to broaden the participation and funding potential for further significant support for Florida students who are approaching the transition from school to work.

(b)  It is appropriate to encourage individual and corporate support and involvement, as well as state support and involvement, to promote employment opportunities for Florida's students.

(4)  PROGRAM.--There is hereby created, for an initial 5-year period, a school-to-work program to be known as Jobs for Florida's Graduates which shall, during the initial 5-year phase set forth in this section and except as otherwise provided by law or by rule of the Department of Education, be operated in accordance with the process and outcome standards of Jobs for America's Graduates, Inc. To that end, the board shall enter into a sponsoring agreement with Jobs for America's Graduates, Inc., to carry out the Jobs for America's Graduates model within the state.

(a)  During the first year of operation, the Jobs for Florida's Graduates Program shall be operated in not less than 25 nor more than 50 high schools in the state to be chosen by the board. The goal shall be to have a minimum of 300 high schools participating in the program by the end of the 2001-2002 school year.

(b)  The schools chosen by the board to participate in the program must represent a demographically balanced sample population, include both urban and rural schools, and be comprised of schools in all geographic areas of the state. Each school selected to participate shall enter into a formal written agreement with the board which, at a minimum, details the responsibilities of each party and the process and outcome goals of the initial 5-year Jobs for Florida's Graduates Program.

(c)  Students shall be selected and approved for participation in the program by the educational institutions in which they are enrolled, and such selection and approval shall be based on their being classified as 12th grade at-risk students.

(5)  REVENUE FOR THE ENDOWMENT FUND.--

(a)  An endowment fund is created as a long-term, stable, growing source of revenue to be administered by the foundation in accordance with rules promulgated by the department.

(b)  The principal of the endowment fund shall consist of legislative appropriations that are made to the endowment fund and bequests, gifts, grants, and donations as may be solicited from public or private sources by the foundation.

(c)  The State Board of Administration shall invest and reinvest moneys of the endowment fund principal in accordance with the provisions of ss. 215.44-215.53. Interest and investment income earned on the endowment fund principal shall be annually transmitted to the foundation, based upon a fiscal year which runs from July 1 through June 30, and shall be deposited in the foundation's operating account for distribution as provided in this section.

(6)  THE FLORIDA ENDOWMENT FOUNDATION FOR FLORIDA'S GRADUATES.--

(a)  The Florida Endowment Foundation for Florida's Graduates is created as a direct-support organization of the Department of Education to encourage public and private support to enhance school-to-work transition. As a direct-support organization, the foundation shall operate under contract with the department and shall be:

1.  A Florida corporation not for profit which is incorporated under the provisions of chapter 617 and approved by the Department of State.

2.  Organized and operated exclusively to do the following: raise funds; submit requests and receive grants from the Federal Government, the state, private foundations, and individuals; receive, hold, and administer property; and make expenditures to or for the benefit of school-to-work transition programs approved by the board of directors of the foundation.

(b)  As a direct-support organization, the foundation shall:

1.  Develop articles of incorporation.

2.  Create a board of directors appointed by the Commissioner of Education.

3.  Perform an annual financial and performance review to determine if the foundation is operating in a manner consistent with the goals of the Legislature in providing assistance for school-to-work transitions.

4.  Provide a mechanism for the reversion to the state of moneys in the foundation and in any other funds and accounts held in trust by the foundation if the foundation is dissolved.

(7)  BOARD OF DIRECTORS.--The foundation shall be administered by a board of directors, as follows:

(a)  The board shall consist of 15 members. At least 9 of the 15 members must be from the private sector, and the remaining members may be from the public sector. Among the public sector members, representation shall come from secondary education, vocational education, and job-training programs such as Job Education Partnership. The chair may be from either the private sector or the public sector.

(b)  All members shall have an interest in school-to-work transition and, insofar as is practicable, shall:

1.  Have skills in foundation work or other fundraising activities, financial consulting, or investment banking or other related experience; or

2.  Have experience in policymaking or senior management level positions or have distinguished themselves in the fields of education, business, or industry.

(c)  The chair and all board members shall be appointed by the Commissioner of Education.

1.  The chair shall be appointed for a term of 2 years and may be reappointed. However, no chair may serve more than 6 consecutive years.

2.  Board members shall serve for 3-year terms or until resignation or removal for cause, except that members appointed to serve initial terms shall be appointed for staggered terms of 1, 2, and 3 years, respectively.

(d)  In the event of a vacancy on the board caused by an occurrence other than the expiration of a term, a new member shall be appointed.

(e)  Each member is accountable to the Commissioner of Education for the proper performance of the duties of office. The commissioner may remove any member from office for malfeasance, misfeasance, neglect of duty, incompetence, or permanent inability to perform official duties or for pleading nolo contendere to, or being found guilty of, a crime.

(8)  ORGANIZATION, POWERS, AND DUTIES.--Within the limits prescribed in this section or by rule of the department:

(a)  Upon appointment, the board shall meet and organize. Thereafter, the board shall hold such meetings as are necessary to implement the provisions of this section and shall conduct its business in accordance with rules promulgated by the department.

(b)  The board may solicit and receive bequests, gifts, grants, donations, goods, and services. When gifts are restricted as to purpose, they may be used only for the purpose or purposes stated by the donor.

(c)  The board may enter into contracts with the Federal Government, state or local agencies, private entities, or individuals to carry out the purposes of this section.

(d)  The board may identify, initiate, and fund Jobs for Florida's Graduates programs to carry out the purposes of this section.

(e)  The board may make gifts or grants:

1.  To the state, or any political subdivision thereof, or any public agency of state or local government.

2.  To a corporation, trust, association, or foundation organized and operated exclusively for charitable, educational, or scientific purposes.

3.  To the department for purposes of program recognition and marketing, public relations and education, professional development, and technical assistance and workshops for grant applicants and recipients and the business community.

(f)  The board may advertise and solicit applications for funding and shall evaluate applications and program proposals submitted thereto.

(g)  The board shall monitor, review, and annually evaluate funded programs to determine whether funding should be continued, terminated, reduced, or increased.

(h)  The board shall establish an operating account for the deposit of funds to be used in carrying out the purposes of this section.

(i)  The board shall operate the Jobs for Florida's Graduates Program in such a way, and shall recommend to the Department of Education the adoption of such rules as may be necessary, to ensure that the following outcome goals are met:

1.  In year 1:

a.  The statewide graduation rates, or GED test completion rates, of participants in the Jobs for Florida's Graduates Program shall be at least 82 percent by March 31 of the year following the end of the academic year in which the participants' respective high school classes graduated.

b.  By March 31 of the year following the end of the academic year in which the participants' respective high school classes graduated, 70 to 75 percent of participants in the Jobs for Florida's Graduates Program shall be employed a minimum of 40 hours per week in the civilian sector or the military or enrolled in postsecondary training education, or any combination of these that together are equivalent to 40 hours per week.

c.  By March 31 of the year following the end of the academic year in which the participants' respective high school classes graduated, the average wage of participants in the Jobs for Florida's Graduates Program who are working shall be at or above the national average wage for all participants in programs affiliated with Jobs for America's Graduates, Inc.

2.  In year 2:

a.  The statewide graduation rates, or GED test completion rates, of participants in the Jobs for Florida's Graduates Program shall be at least 85 percent by March 31 of the year following the end of the academic year in which the participants' respective high school classes graduated.

b.  By March 31 of the year following the end of the academic year in which the participants' respective high school classes graduated, 75 to 78 percent of participants in the Jobs for Florida's Graduates Program shall be employed a minimum of 40 hours per week in the civilian sector or the military or enrolled in postsecondary training education, or any combination of these that together are equivalent to 40 hours per week.

c.  By March 31 of the year following the end of the academic year in which the participants' respective high school classes graduated, the average wage of participants in the Jobs for Florida's Graduates Program who are working shall be at or above the national average wage for all participants in programs affiliated with Jobs for America's Graduates, Inc.

3.  In years 3 through 5:

a.  The statewide graduation rates, or GED test completion rates, of participants in the Jobs for Florida's Graduates Program shall be at least 90 percent by March 31 of the year following the end of the academic year in which the participants' respective high school classes graduated.

b.  By March 31 of the year following the end of the academic year in which the participants' respective high school classes graduated, 80 percent of participants in the Jobs for Florida's Graduates Program shall be employed a minimum of 40 hours per week in the civilian sector or the military or enrolled in postsecondary training education, or any combination of these that together are equivalent to 40 hours per week.

c.  By March 31 of the year following the end of the academic year in which the participants' respective high school classes graduated, the average wage of participants in the Jobs for Florida's Graduates Program who are working shall be at or above the national average wage for all participants in programs affiliated with Jobs for America's Graduates, Inc.

(j)  The board may take such additional actions, including independently organizing and conducting hiring practices, as are deemed necessary and appropriate to administer the provisions of this section. To the maximum extent possible, the board shall hire Jobs for Florida's Graduates Program staff who operate in selected schools to fill necessary staff positions and shall provide for salary, benefits, discipline, evaluation, or discharge according to a contractual agreement. These positions shall not be state employee positions.

(9)  DISTRIBUTION OF EARNINGS ON ENDOWMENT FUND PRINCIPAL.--The board shall use the moneys in the operating account, by whatever means, to provide for:

(a)  Planning, research, and policy development for issues related to school-to-work transition and publications and dissemination of such information as may serve the objectives of this section.

(b)  Promotion of initiatives for school-to-work transition.

(c)  Funding of programs which engage in, contract for, foster, finance, or aid in job training and counseling for school-to-work transition research, education, or demonstration, or other related activities.

(d)  Funding of programs which engage in, contract for, foster, finance, or aid in activities designed to advance better public understanding and appreciation of the school-to-work transition.

(10)  STARTUP FUNDING.--Notwithstanding any provision of this section to the contrary, in order to provide for first year startup funds, 50 percent of the money allocated during the 12-month period beginning July 1, 1998, shall not be available for investment by the State Board of Administration, but shall be transmitted quarterly to the foundation board and shall be available to the foundation for the purposes set forth in this section.

(11)  ACCREDITATION.--During the initial 5-year period, the board shall request and contract with the national accreditation process of Jobs for America's Graduates, Inc., to ensure the viability and efficacy of the individual school-based Jobs for Florida's Graduates programs in the state.

(12)  ANNUAL AUDIT.--The board shall cause an annual audit of the foundation's financial accounts to be conducted by an independent certified public accountant in accordance with rules adopted by the department. The annual audit report shall be submitted to the Auditor General and the department for review. The Auditor General and the department may require and receive from the foundation, or from its independent auditor, any relevant detail or supplemental data.

(13)  ASSESSMENT OF PROGRAM RESULTS.--The success of the Jobs for Florida's Graduates Program shall be assessed as follows:

(a)  No later than November 1 of each year of the Jobs for Florida's Graduates Program, Jobs for America's Graduates, Inc., shall conduct and deliver to the Office of Program Policy Analysis and Government Accountability a full review and report of the program's activities. The Office of Program Policy Analysis and Government Accountability shall audit and review the report and deliver the report, along with its analysis and any recommendations for expansion, curtailment, modification, or continuation, to the board not later than December 31 of the same year.

(b)  Beginning in the first year of the Jobs for Florida's Graduates Program, the ²Division of Economic and Demographic Research of the ³Joint Legislative Management Committee shall undertake, during the initial phase, an ongoing longitudinal study of participants to determine the overall efficacy of the program. The division shall transmit its findings each year to the Office of Program Policy Analysis and Government Accountability for inclusion in the report provided for in paragraph (a).

(14)  ANNUAL REPORT.--The board shall issue a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Commissioner of Education by March 1, 2000, and each year thereafter, summarizing the performance of the endowment fund for the previous fiscal year and the foundation's fundraising activities and performance and detailing those activities and programs supported by the earnings on the endowment principal or by bequests, gifts, grants, donations, and other valued goods and services received.

(15)  RULES.--The department shall promulgate rules for the implementation of this section.

History.--s. 1, ch. 98-218.

¹Note.--

A.  Section 2, ch. 98-218, provides that "[t]he Legislature shall conduct a review of the Jobs for Florida's Graduates Program after the fifth year of operation with recommendations for continuation, expansion, or termination of the program."

B.  Section 3, ch. 98-218, provides:

"(1)  There is created a 1-year pilot apprenticeship program at Okaloosa-Walton Community College to develop and implement programs designed to meet employee training needs of business and industry within the community college's service area.

"(2)  Okaloosa-Walton Community College shall be recognized as an apprenticeship sponsor under the definition in s. 446.071, Florida Statutes, and shall be entitled to four positions as indicated in this section. The community college shall have the responsibility to survey and identify within its service area all business and industry that may benefit from an apprenticeship program, to develop programs to meet those needs, and to implement the programs utilizing funding from the affected industry.

"(3)  The four positions allocated to Okaloosa-Walton Community College shall be funded by Enterprise Florida, Inc., in the amount not to exceed $200,000. These shall be two job development specialists at a total cost for both positions not to exceed $138,000; one researcher at a total cost not to exceed $34,660; and one secretary at a total cost not to exceed $19,390. Office furniture and supplies shall be funded in the amount of $7,950.

"(4)  Okaloosa-Walton Community College shall be entitled to apply for continued funding of these positions for 1 additional year if it can prove substantial progress toward meeting the goals of this section. However, it is the intent of the Legislature that, beginning with the third academic year, costs of this program shall be borne substantially by the businesses and industries that take part in the program and that Okaloosa-Walton Community College shall provide all interested areas with a full report on the program and its success."

²Note.--The Division of Economic and Demographic Research of the Joint Legislative Management Committee was redesignated the Office of Economic and Demographic Research. See Joint Rule 3.1 as revised by S.C.R. 2536, 1998.

³Note.--The Joint Legislative Management Committee was abolished by ch. 98-136.