CODING: Words stricken are deletions; words underlined are additions.House Bill 1587
Florida House of Representatives - 1997 HB 1587
By the Committee on Community Colleges & Career Prep and
Representatives Sindler, Fasano, Diaz de la Portilla,
Harrington, Gay, Wise and Kelly
1 A bill to be entitled
2 An act relating to job training and education
3 for workforce development; amending s. 239.117,
4 F.S., relating to postsecondary student fees;
5 allowing payment for the cost of fee exemptions
6 to be made through a contract with the local
7 WAGES board; deleting full-time equivalent
8 enrollment funding; amending s. 239.249, F.S.;
9 providing an appeal process for school
10 districts and community colleges to allow
11 exemption from participation in
12 performance-based incentive funding; amending
13 s. 239.301, F.S.; providing for services for
14 WAGES clients negotiated through the jobs and
15 education regional board by school districts
16 and community colleges to be funded by the
17 local WAGES coalition; amending s. 240.35,
18 F.S., relating to student fees; allowing
19 payment for the cost of fee exemptions to be
20 made through a contract with the local WAGES
21 board; amending s. 414.027, F.S.; providing an
22 alternative payment structure for job training
23 services; amending s. 414.065, F.S., relating
24 to work requirements for participation in the
25 WAGES Program; including paid apprenticeship
26 activities, cooperative education activities,
27 and work-study activities in work activities;
28 permitting educational institutions to provide
29 training and receive subsidies to offset the
30 cost of the training; providing reasons for
31 placement in community service; defining work
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1 experience; clarifying the role of remedial or
2 basic skills training; revising requirements
3 for payment to a provider of vocational
4 education or training; requiring the
5 development of programs to address the needs of
6 "hard-to-place" recipients; expanding the
7 definition of job skills training; providing
8 additional literacy or basic skills
9 requirements related to work activity
10 requirements; requiring the establishment of a
11 task force to investigate issues associated
12 with job training and workforce development;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Paragraph (f) of subsection (2) of section
18 239.117, Florida Statutes, 1996 Supplement, is amended to
19 read:
20 239.117 Postsecondary student fees.--
21 (2) The following students are exempt from any
22 requirement for the payment of registration, matriculation,
23 and laboratory fees for instruction:
24 (f) A student enrolled in an employment and training
25 program under the WAGES Program. Such a student may receive a
26 fee exemption only if the student applies for and does not
27 receive student financial aid, including Job Training
28 Partnership Act or Family Support Act funds. Schools and
29 community colleges shall help such students apply for
30 financial aid, but may not deny such students program
31 participation during the financial aid application process.
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1 Such a student may not be required to incur debt within the
2 financial aid package. If local WAGES boards, established
3 pursuant to s. 414.028, choose to contract with a public
4 postsecondary institution for education and training services,
5 payment for the cost of such fee exemptions must be made by
6 the local WAGES boards. Fee-exempt instruction provided at
7 community colleges pursuant to this subsection generates an
8 additional one-fourth of a full-time equivalent enrollment.
9 Section 2. Subsections (9) through (13) of section
10 239.249, Florida Statutes, 1996 Supplement, are renumbered as
11 subsections (10) through (14), respectively, and a new
12 subsection (9) is added to said section to read:
13 239.249 Market-driven, performance-based incentive
14 funding for vocational and technical education programs.--
15 (9) The Jobs and Education Partnership Board shall
16 develop an appeal process, to be implemented by the regional
17 workforce development boards, that may allow an exemption of
18 certain school districts and community colleges from
19 participation in the performance-based incentive funding
20 provisions of this section. School districts and community
21 colleges shall be eligible to use the appeal process if they
22 meet one or both of the following criteria:
23 (a) Generate less than 50 unweighted FTE in
24 certificate career education and in career degree education.
25 (b) Provide a written report documenting the direct
26 costs incurred due to the implementation of performance-based
27 incentive funding and how mandatory participation in the
28 program will adversely affect the school district or community
29 college.
30 Section 3. Paragraph (e) is added to subsection (5) of
31 section 239.301, Florida Statutes, 1996 Supplement, to read:
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1 239.301 Adult general education.--
2 (5)
3 (e) School districts and community colleges may
4 negotiate through the jobs and education regional boards for
5 specialized services for WAGES clients, beyond what is
6 routinely provided for the general public, to be funded by the
7 local WAGES coalition pursuant to s. 414.065(10). Under any
8 contract with the local WAGES coalition, attendance may be
9 required of clients.
10 Section 4. Subsection (3) of section 240.35, Florida
11 Statutes, 1996 Supplement, is amended to read:
12 240.35 Student fees.--Unless otherwise provided, the
13 provisions of this section apply only to fees charged for
14 college credit instruction.
15 (3) Students enrolled in dual enrollment and early
16 admission programs pursuant to s. 240.116 and students
17 enrolled in employment and training programs under the WAGES
18 Program are exempt from the payment of registration,
19 matriculation, and laboratory fees; however, such students may
20 not be included within calculations of fee-waived enrollments.
21 Students enrolled in programs under the WAGES Program shall be
22 granted a fee exemption only if they have applied for student
23 financial aid including Job Training Partnership Act or Family
24 Support Act funds and did not receive financial assistance.
25 Colleges shall assist these students in applying for financial
26 aid, and these students may not be denied participation in
27 programs during the application process for financial aid.
28 These students may not be required to obtain loans as a part
29 of their financial aid package. If local WAGES boards,
30 established pursuant to s. 414.028, choose to contract with a
31 public postsecondary institution for education and training
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1 services, payment for the cost of such fee exemptions must be
2 made by the local WAGES boards. Other fee-exempt instruction
3 provided pursuant to this subsection shall generate an
4 additional one-fourth full-time equivalent enrollment.
5 Section 5. Paragraph (g) of subsection (1) of section
6 414.027, Florida Statutes, 1996 Supplement, is amended to
7 read:
8 414.027 WAGES Program statewide implementation plan.--
9 (1) By December 31, 1996, the WAGES Program State
10 Board of Directors shall submit to the Governor, the President
11 of the Senate, and the Speaker of the House of Representatives
12 a statewide plan for implementing the WAGES Program
13 established under this chapter. At a minimum, the statewide
14 implementation plan must include:
15 (g) The development of a performance-based payment
16 structure to be used for all WAGES Program services, which
17 takes into account the following:
18 1. The degree of difficulty associated with placing a
19 WAGES Program participant in a job;
20 2. The quality of the placement with regard to salary,
21 benefits, and opportunities for advancement; and
22 3. The employee's retention of the placement.
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24 The payment structure shall provide not more than 40 percent
25 of the cost of services provided to a WAGES participant prior
26 to placement, 50 percent upon employment placement, and 10
27 percent if employment is retained for at least 6 months. The
28 payment structure should provide bonus payments to providers
29 that experience notable success in achieving long-term job
30 retention with WAGES Program participants. The board shall
31 consult with Enterprise Florida Jobs and Education Partnership
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1 in developing the WAGES Program statewide implementation plan.
2 For job training services, an alternative payment structure
3 shall provide for the distribution of not more than 40 percent
4 of the cost of services upon admission and not more than an
5 additional 30 percent for retention and progress toward
6 completion, with the remaining percent divided between
7 placement and employment retention for at least 6 months, with
8 the majority based on placement.
9 Section 6. Subsections (1) and (2), and paragraph (b)
10 of subsection (10) of section 414.065, Florida Statutes, 1996
11 Supplement, are amended to read:
12 414.065 Work requirements.--
13 (1) WORK ACTIVITIES.--The following activities may be
14 used individually or in combination to satisfy the work
15 requirements for a participant in the WAGES Program:
16 (a) Unsubsidized employment.--Unsubsidized employment
17 is full-time employment or part-time employment that is not
18 directly supplemented by federal or state funds. Paid
19 apprenticeship and cooperative education activities are
20 included in this activity.
21 (b) Subsidized private sector employment.--Subsidized
22 private sector employment is employment in a private
23 for-profit enterprise or a private not-for-profit enterprise
24 which is directly supplemented by federal or state funds. A
25 subsidy may be provided in one or more of the forms listed in
26 this paragraph.
27 1. Work supplementation.--A work supplementation
28 subsidy diverts a participant's assistance under the program
29 to the employer. The employer must pay the participant wages
30 that equal or exceed the applicable federal minimum wage. Work
31 supplementation may not exceed 6 months. At the end of the
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1 supplementation period, the employer is expected to retain the
2 participant as a regular employee without receiving a subsidy
3 for at least 12 months. The work supplementation agreement
4 must provide that if the employee is dismissed at any time
5 within 12 months after termination of the supplementation
6 period due in any part to loss of the supplement, the employer
7 shall repay some or all of the supplement previously paid as a
8 subsidy to the employer under the WAGES Program.
9 2. On-the-job training.--On-the-job training is
10 full-time, paid employment in which the employer or
11 educational institution in cooperation with the employer
12 provides training needed for the participant to perform the
13 skills required for the position. The employer or educational
14 institution on behalf of the employer receives a subsidy to
15 offset the cost of the training provided to the participant.
16 Upon satisfactory completion of the training, the employer is
17 expected to retain the participant as a regular employee
18 without receiving a subsidy. The on-the-job training agreement
19 must provide that in the case of dismissal of a participant
20 due to loss of the subsidy, the employer shall repay some or
21 all of the subsidy previously provided by the department.
22 3. Incentive payments.--The department may provide
23 additional incentive payments to encourage employers to employ
24 program participants. Incentive payments may include payments
25 to encourage the employment of hard-to-place participants, in
26 which case the amount of the payment shall be weighted
27 proportionally to the extent to which the participant has
28 limitations associated with the long-term receipt of welfare
29 and difficulty in sustaining employment. In establishing
30 incentive payments, the department shall consider the extent
31 of prior receipt of welfare, lack of employment experience,
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1 lack of education, lack of job skills, and other appropriate
2 factors. A participant who has complied with program
3 requirements and who is approaching the time limit for
4 receiving temporary assistance may be defined as
5 "hard-to-place." Incentive payments may include payments in
6 which an initial payment is made to the employer upon the
7 employment of a participant, and the majority of the incentive
8 payment is made after the employer retains the participant as
9 a full-time employee for at least 12 months. The incentive
10 agreement must provide that if the employee is dismissed at
11 any time within 12 months after termination of the incentive
12 payment period due in any part to loss of the incentive, the
13 employer shall repay some or all of the payment previously
14 paid as an incentive to the employer under the WAGES Program.
15 4. Tax credits.--An employer who employs a program
16 participant may qualify for enterprise zone property tax
17 credits under s. 220.182, the tax refund program for qualified
18 target industry businesses under s. 288.106, or other federal
19 or state tax benefits. The department shall provide
20 information and assistance, as appropriate, to use such
21 credits to accomplish program goals.
22 (c) Subsidized public sector employment.--Subsidized
23 public sector employment is employment by an agency of the
24 federal, state, or local government which is directly
25 supplemented by federal or state funds. The applicable
26 subsidies provided under paragraph (b) may be used to
27 subsidize employment in the public sector, except that
28 priority for subsidized employment shall be employment in the
29 private sector. Public sector employment is distinguished from
30 work experience in that the participant is paid wages and
31 receives the same benefits as a nonsubsidized employee who
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1 performs similar work. Work-study activities administered by
2 educational institutions are included in this activity.
3 (d) Community service work experience.--Community
4 service work experience is job training experience at a
5 supervised public or private not-for-profit agency. A
6 participant shall receive temporary assistance in the form of
7 wages that are proportional to the amount of time worked. A
8 participant assigned to community service work experience
9 shall be deemed an employee of the state for purposes of
10 workers' compensation coverage and is subject to the
11 requirements of the drug-free workplace program. As used in
12 this paragraph, the terms "community service experience,"
13 "community work," and "workfare" are synonymous. Participants
14 involved in community service work may be assigned to this
15 activity to increase their work maturity and job
16 problem-solving and critical thinking skills, as well as
17 develop skills in balancing job and personal responsibilities.
18 Participants may be placed in community service for one or
19 more of the following reasons which include, but are not
20 limited to:
21 1. Assessing WAGES Program compliance prior to
22 referral to costly services such as vocational education.
23 2. Maintaining work activity status while awaiting
24 placement into paid employment or training.
25 3. Fulfilling clinical practicum or internship
26 requirements related to training.
27 4. Participating in work-based mentoring programs.
28 (e) Work experience.--Work experience is a structured,
29 supervised, job training activity in a public or private
30 not-for-profit agency. Work experience is appropriate for
31 participants who are the least prepared for entry into the
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1 workforce. This work activity involves intensive supervision
2 and training of the participant that leads to the development
3 of work maturity, employability, and basic job skills. This
4 activity requires 20 hours of work and an additional 10 hours
5 of education and training related to a vocational goal. The
6 WAGES Program shall pay for this activity through a
7 performance-based contract which shall include benchmarks,
8 goals, outcomes, and timeframes designed to move the
9 participant toward full-time paid employment. A participant
10 shall receive temporary assistance proportional to the time
11 worked. A participant assigned to work experience shall be
12 deemed an employee of the state for purposes of workers'
13 compensation coverage and is subject to the requirements of
14 the drug-free workplace program.
15 (f)(e) Job search and job readiness assistance.--Job
16 search assistance may include supervised or unsupervised
17 job-seeking activities. Job readiness assistance provides
18 support for job-seeking activities, which may include:
19 1. Orientation to the world of work and basic
20 job-seeking and job retention skills.
21 2. Instruction in completing an application for
22 employment and writing a resume.
23 3. Instruction in conducting oneself during a job
24 interview, including appropriate dress.
25 4. Instruction in retaining a job, success in the
26 workplace, and career planning.
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28 Job readiness assistance may also include providing a
29 participant with access to an employment resource center that
30 contains job listings, telephones, facsimile machines,
31 typewriters, and word processors. Job search and job readiness
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1 activities may be used in conjunction with other program
2 activities, such as work experience, but may not be the
3 primary work activity, may not be used in conjunction with
4 other program activities such as work experience, and may not
5 continue longer than the length of time permitted under
6 federal law.
7 (g)(f) Vocational education or training.--Vocational
8 education or training is education or training designed to
9 provide participants with the skills and certification
10 necessary for employment in an occupational area. Vocational
11 education or training may be used as a primary program
12 activity for participants when it has been determined that the
13 individual has demonstrated compliance with other phases of
14 program participation and successful completion of the
15 vocational education or training is likely to result in
16 employment entry at a higher wage than the participant would
17 have been likely to attain without completion of the
18 vocational education or training. Vocational education or
19 training may be combined with other program activities and
20 also may be used to upgrade skills or prepare for a higher
21 paying occupational area for a participant who is employed.
22 1. Vocational education shall not be used as the
23 primary program activity for a period which exceeds 12 months.
24 The 12-month restriction, however, only includes actual
25 vocational education instruction. Remedial or basic skills
26 training shall not count towards the 12 months. In addition,
27 use of vocational education or training shall be restricted to
28 not more than 20 percent of adult participants in the WAGES
29 region, or subject to other limitation as established in
30 federal law. Vocational education included in a program
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1 leading to a high school diploma shall not be considered
2 vocational education for purposes of this section.
3 2. When To the maximum extent possible, a provider of
4 vocational education or training shall use funds provided by
5 funding sources other than the department. The department may
6 provide additional funds to a vocational education or training
7 provider only if payment is made pursuant to a
8 performance-based contract. Under a performance-based
9 contract, the provider may be partially paid when a
10 participant enters, continues, and completes education or
11 training, but at least 25 percent the majority of payment
12 shall be made following the participant's employment at a
13 specific wage or job retention for a specific duration.
14 Performance-based payments made under this subparagraph are
15 limited to education or training for targeted occupations
16 identified by the Occupational Forecasting Conference under s.
17 216.136, or other programs identified by the Enterprise
18 Florida Jobs and Education Partnership, to include specially
19 developed programs to address the needs of "hard-to-place"
20 recipients. A contract with a community college or school
21 district must conform to the provisions of ss. 239.249 and
22 240.40685.
23 (h)(g) Job skills training directly related to
24 employment.--Job skills training directly related to
25 employment provides job skills training in a specific
26 occupation for which there is a written commitment by the
27 employer to offer employment to a participant who successfully
28 completes the training. Job skills training includes
29 customized training designed to meet the needs of a specific
30 employer or a specific industry. A participant may be required
31 to complete an entrance assessment or test before entering
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1 into job skills training if assessments or tests are required
2 for employment upon completion of the training. Jobs skills
3 training may include work place literacy instruction as a
4 secondary activity for those participants with a high school
5 diploma or equivalent, but without the literacy skills
6 necessary for a specific job or job training program.
7 (i)(h) Education services related to employment for
8 participants 19 years of age or younger.--Education services
9 provided under this paragraph are designed to prepare a
10 participant for employment in an occupation. The Department of
11 Labor and Employment Security shall coordinate education
12 services with the school-to-work activities provided under s.
13 229.595. Activities provided under this paragraph are
14 restricted to participants 19 years of age or younger who have
15 not completed high school or obtained a high school
16 equivalency diploma.
17 (j)(i) School attendance.--Attendance at a high school
18 or attendance at a program designed to prepare the participant
19 to receive a high school equivalency diploma is a required
20 program activity for each participant 19 years of age or
21 younger who:
22 1. Has not completed high school or obtained a high
23 school equivalency diploma;
24 2. Is a dependent child or a head of household; and
25 3. For whom it has not been determined that another
26 program activity is more appropriate.
27 (k)(j) Teen parent services.--Participation in
28 medical, educational, counseling, and other services that are
29 part of a comprehensive program is a required activity for
30 each teen parent who participates in the WAGES Program.
31
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1 (2) WORK ACTIVITY REQUIREMENTS.--Each adult
2 participant who is not otherwise exempt must participate in a
3 work activity for the maximum number of hours allowable under
4 federal law provided that no participant be required to work
5 more than 40 hours per week or less than the minimum number of
6 hours required by federal law. An applicant shall be referred
7 for employment at the time of application if the applicant is
8 eligible to participate in the WAGES Program.
9 (a) Participants with literacy or basic skills below
10 that necessary to obtain or retain employment may be required
11 to obtain instruction to increase those skills, so long as
12 such requirement does not require more than 40 hours per week
13 of total activity. Attendance at such instruction may be
14 required for continued WAGES support.
15 (b) Participants who meet the work activity
16 requirements and who wish to avail themselves of educational
17 services that will enhance their ability to be self sufficient
18 should be supported by WAGES funds to the greatest extent
19 possible.
20 (10) USE OF CONTRACTS.--The department shall provide
21 work activities, training, and other services, as appropriate,
22 through contracts. In contracting for work activities,
23 training, or services, the following applies:
24 (b) A contract must be performance-based. Wherever
25 possible, payment shall be tied to performance outcomes that
26 include factors such as, but not limited to, job entry, job
27 entry at a target wage, and job retention, rather than tied to
28 completion of training or education or any other phase of the
29 program participation process.
30 Section 7. The Commissioner of Education is hereby
31 directed to convene a task force to investigate issues
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1 associated with postsecondary education's role in Florida's
2 job training, WAGES, and workforce development activities.
3 The task force shall consist of members representing public
4 schools, community colleges, private postsecondary
5 institutions, workforce development boards, and WAGES boards,
6 two members of the House of Representatives appointed by the
7 Speaker of the House of Representatives, two members of the
8 Senate appointed by the President of the Senate, and other
9 appropriate parties. The task force shall investigate,
10 evaluate, and make recommendations regarding, but not limited
11 to, restructured governance, reporting, funding, and
12 accountability mechanisms needed to effectively meet
13 increasing demands and improve the services of postsecondary
14 institutions, particularly with respect to adult and
15 vocational education. The task force shall make both
16 substantive and fiscal recommendations to the Governor and the
17 Legislature no later than January 1, 1998.
18 Section 8. This act shall take effect July 1, 1997.
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2 HOUSE SUMMARY
3
With respect to postsecondary education student fees,
4 provides for payment for the cost of fee exemptions by
local WAGES boards that contract with public
5 postsecondary institutions for education and training
services. Provides an appeal process for school districts
6 and community colleges to allow exemption from
participation in performance-based incentive funding.
7 Provides for services for WAGES clients negotiated
through the jobs and education regional board by school
8 districts and community colleges to be funded by the
local WAGES coalition. Provides an alternative payment
9 structure for job training services. Revises provisions
relating to work requirements for participation in the
10 WAGES Program. Includes paid apprenticeship activities,
cooperative education activities, and work-study
11 activities in work activities. Permits educational
institutions to provide training and receive subsidies to
12 offset the cost of the training. Provides reasons for
participants to be placed in community service. Defines
13 work experience and clarifies the role of remedial or
basic skills training. Revises requirements for payment
14 to a provider of vocational education or training.
Requires the development of programs to address the needs
15 of "hard-to-place" recipients. Expands the definition of
job skills training and provides additional literacy or
16 basic skills requirements related to work activity
requirements. Requires establishment of a task force to
17 investigate issues associated with job training and
workforce development.
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