Senate Bill 1736e1

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  1                      A bill to be entitled

  2         An act relating to job training; creating s.

  3         446.609, F.S.; creating a school-to-work

  4         program entitled "Jobs for Florida's

  5         Graduates"; providing definitions and intent;

  6         providing requirements for school and student

  7         participation; creating an endowment fund and

  8         providing for appropriations and gifts;

  9         providing for the investment and deposit of

10         funds in an operating account; creating an

11         endowment foundation as a direct-support

12         organization; providing duties of the

13         foundation and a foundation board of directors;

14         providing for use of funds and startup funding;

15         requiring an annual audit and report; providing

16         for rules; requiring legislative review of the

17         program; creating a 1-year pilot apprenticeship

18         program at Okaloosa-Walton Community College;

19         providing recognition of the community college

20         as an apprenticeship sponsor; providing

21         responsibilities and positions; providing for

22         funding by Enterprise Florida, Inc.;

23         authorizing the community college to apply for

24         continued funding; providing an effective date.

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26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Section 446.609, Florida Statutes, is

29  created to read:

30         446.609  Jobs for Florida's Graduates.--

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  1         (1)  SHORT TITLE.--This section may be cited as the

  2  "Jobs for Florida's Graduates Act."

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

  4         (a)  "Board" means the board of directors of the

  5  Florida Endowment Foundation for Florida's Graduates.

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

  7         (c)  "Endowment fund" means an account established

  8  within the Florida Endowment Foundation for Florida's

  9  Graduates to provide a continuing and growing source of

10  revenue for school-to-work transition efforts.

11         (d)  "Foundation" means the Florida Endowment

12  Foundation for Florida's Graduates.

13         (e)  "Operating account" means an account established

14  under paragraph (8)(h) to carry out the purposes of this

15  section.

16         (3)  LEGISLATIVE INTENT.--The Legislature recognizes

17  that it is in the best interest of the citizens of this state

18  that the state have a well-educated and skilled workforce to

19  be competitive in a changing economy. It is the intent of the

20  Legislature to meet the challenge of ensuring a skilled

21  workforce by creating a formal program to facilitate the

22  important school-to-work transition and to provide additional

23  funding to achieve this goal.  Accordingly, the Legislature

24  finds and declares that:

25         (a)  The purpose of this section is to broaden the

26  participation and funding potential for further significant

27  support for Florida students who are approaching the

28  transition from school to work.

29         (b)  It is appropriate to encourage individual and

30  corporate support and involvement, as well as state support

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  1  and involvement, to promote employment opportunities for

  2  Florida's students.

  3         (4)  PROGRAM.--There is created a school-to-work

  4  program to be known as Jobs for Florida's Graduates which will

  5  be associated with the Jobs for America's Graduates Program.

  6         (a)  During the first year of operation, the Jobs for

  7  Florida's Graduates Program shall be operated in not less than

  8  25 nor more than 50 high schools in the state to be chosen by

  9  the board.  The goal shall be to have a minimum of 300 high

10  schools participating in the program by the end of the

11  2000-2001 school year.

12         (b)  The schools chosen to participate in the program

13  must represent a demographically balanced sample population

14  and include both rural and urban schools.

15         (c)  Students shall be selected for participation in

16  the program based upon their being classified as 12th grade

17  at-risk students.

18         (5)  REVENUE FOR THE ENDOWMENT FUND.--

19         (a)  An endowment fund is created as a long-term,

20  stable, growing source of revenue to be administered by the

21  foundation in accordance with rules promulgated by the

22  department.

23         (b)  The principal of the endowment fund shall consist

24  of legislative appropriations that are made to the endowment

25  fund and bequests, gifts, grants, and donations as may be

26  solicited from public or private sources by the foundation.

27         (c)  The State Board of Administration shall invest and

28  reinvest moneys of the endowment fund principal in accordance

29  with the provisions of ss. 215.44-215.53. Interest and

30  investment income earned on the endowment fund principal shall

31  be annually transmitted to the foundation, based upon a fiscal


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  1  year which runs from July 1 through June 30, and shall be

  2  deposited in the foundation's operating account for

  3  distribution as provided in this section.

  4         (6)  THE FLORIDA ENDOWMENT FOUNDATION FOR FLORIDA'S

  5  GRADUATES.--

  6         (a)  The Florida Endowment Foundation for Florida's

  7  Graduates is created as a direct-support organization of the

  8  Department of Education to encourage public and private

  9  support to enhance school-to-work transition. As a

10  direct-support organization, the foundation shall operate

11  under contract with the department and shall be:

12         1.  A Florida corporation not for profit which is

13  incorporated under the provisions of chapter 617 and approved

14  by the Department of State.

15         2.  Organized and operated exclusively to do the

16  following:  raise funds; submit requests and receive grants

17  from the Federal Government, the state, private foundations,

18  and individuals; receive, hold, and administer property; and

19  make expenditures to or for the benefit of school-to-work

20  transition programs approved by the board of directors of the

21  foundation.

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

23  shall:

24         1.  Develop articles of incorporation.

25         2.  Create a board of directors appointed by the

26  Commissioner of Education.

27         3.  Perform an annual financial and performance review

28  to determine if the foundation is operating in a manner

29  consistent with the goals of the Legislature in providing

30  assistance for school-to-work transitions.

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  1         4.  Provide a mechanism for the reversion to the state

  2  of moneys in the foundation and in any other funds and

  3  accounts held in trust by the foundation if the foundation is

  4  dissolved.

  5         (7)  BOARD OF DIRECTORS.--The foundation shall be

  6  administered by a board of directors, as follows:

  7         (a)  The board shall consist of nine members who have

  8  an interest in the school-to-work transition and who:

  9         1.  Have skills in foundation work or other fundraising

10  activities, financial consulting, or investment banking or

11  other related experience; or

12         2.  Have experience in policymaking or management-level

13  positions or have otherwise distinguished themselves in the

14  field of business or industry.

15         (b)  The board members shall be appointed by the

16  Commissioner of Education.

17         (c)  Board members shall serve for 3-year terms or

18  until resignation or removal for cause, except that members

19  appointed to serve initial terms shall be appointed for

20  staggered terms of 1, 2, and 3 years, respectively.

21         (d)  In the event of a vacancy on the board caused by

22  an occurrence other than the expiration of a term, a new

23  member shall be appointed.

24         (e)  Each member is accountable to the Commissioner of

25  Education for the proper performance of the duties of office.

26  The commissioner may remove any member from office for

27  malfeasance, misfeasance, neglect of duty, incompetence, or

28  permanent inability to perform official duties or for pleading

29  nolo contendere to, or being found guilty of, a crime.

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  1         (8)  ORGANIZATION, POWERS, AND DUTIES.--Within the

  2  limits prescribed in this section or by rule of the

  3  department:

  4         (a)  Upon appointment, the board shall meet and

  5  organize. Thereafter, the board shall hold such meetings as

  6  are necessary to implement the provisions of this section and

  7  shall conduct its business in accordance with rules

  8  promulgated by the department.

  9         (b)  The board may solicit and receive bequests, gifts,

10  grants, donations, goods, and services.  When gifts are

11  restricted as to purpose, they may be used only for the

12  purpose or purposes stated by the donor.

13         (c)  The board may enter into contracts with the

14  Federal Government, state or local agencies, private entities,

15  or individuals to carry out the purposes of this section.

16         (d)  The board may identify, initiate, and fund new

17  creative programs to carry out the purposes of this section.

18         (e)  The board may make gifts or grants:

19         1.  To the state, or any political subdivision thereof,

20  or any public agency of state or local government.

21         2.  To a corporation, trust, association, or foundation

22  organized and operated exclusively for charitable,

23  educational, or scientific purposes.

24         3.  To the department for purposes of program

25  recognition and marketing, public relations and education,

26  professional development, and technical assistance and

27  workshops for grant applicants and recipients and the business

28  community.

29         (f)  The board may advertise and solicit applications

30  for funding and shall evaluate applications and program

31  proposals submitted thereto.


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  1         (g)  The board shall monitor, review, and annually

  2  evaluate funded programs to determine whether funding should

  3  be continued, terminated, reduced, or increased.

  4         (h)  The board shall establish an operating account for

  5  the deposit of funds to be used in carrying out the purposes

  6  of this section.

  7         (i)  The board may take such additional actions,

  8  including hiring of necessary staff, as are deemed necessary

  9  and appropriate to administer this section, subject to rules

10  of the department.

11         (9)  DISTRIBUTION OF EARNINGS ON ENDOWMENT FUND

12  PRINCIPAL.--The board shall use the moneys in the operating

13  account, by whatever means, to provide for:

14         (a)  Planning, research, and policy development for

15  issues related to school-to-work transition and publications

16  and dissemination of such information as may serve the

17  objectives of this section.

18         (b)  Promotion of initiatives for school-to-work

19  transition.

20         (c)  Funding of programs which engage in, contract for,

21  foster, finance, or aid in job training and counseling for

22  school-to-work transition research, education, or

23  demonstration, or other related activities.

24         (d)  Funding of programs which engage in, contract for,

25  foster, finance, or aid in activities designed to advance

26  better public understanding and appreciation of the

27  school-to-work transition.

28         (e)  Funding of programs, property, or facilities which

29  aid, strengthen, and extend in any proper and useful manner

30  the objectives, work, services, and physical facilities of the

31  department, in accordance with the purposes of this section.


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  1         (10)  STARTUP FUNDING.--Notwithstanding any provision

  2  of this section to the contrary, in order to provide for first

  3  year startup funds, $250,000 of the money allocated during the

  4  12-month period beginning July 1, 1998, shall not be available

  5  for investment by the State Board of Administration, but shall

  6  be transmitted quarterly to the foundation board and shall be

  7  available to the foundation for the purposes set forth in this

  8  section.

  9         (11)  ANNUAL AUDIT.--The board shall cause an annual

10  audit of the foundation's financial accounts to be conducted

11  by an independent certified public accountant in accordance

12  with rules adopted by the department.  The annual audit report

13  shall be submitted to the Auditor General and the department

14  for review.  The Auditor General and the department may

15  require and receive from the foundation, or from its

16  independent auditor, any relevant detail or supplemental data.

17         (12)  ANNUAL REPORT.--The board shall issue a report to

18  the Governor, the President of the Senate, the Speaker of the

19  House of Representatives, and the Commissioner of Education by

20  March 1, 1999, and each year thereafter, summarizing the

21  performance of the endowment fund for the previous fiscal year

22  and the foundation's fundraising activities and performance

23  and detailing those activities and programs supported by the

24  earnings on the endowment principal or by bequests, gifts,

25  grants, donations, and other valued goods and services

26  received.

27         (13)  RULES.--The department shall promulgate rules for

28  the implementation of this section.

29         Section 2.  The Legislature shall conduct a review of

30  the Jobs for Florida's Graduates Program after the fifth year

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  1  of operation with recommendations for continuation, expansion,

  2  or termination of the program.

  3         Section 3.  (1)  There is created a 1-year pilot

  4  apprenticeship program at Okaloosa-Walton Community College to

  5  develop and implement programs designed to meet employee

  6  training needs of business and industry within the community

  7  college's service area.

  8         (2)  Okaloosa-Walton Community College shall be

  9  recognized as an apprenticeship sponsor under the definition

10  in section 446.071, Florida Statutes, and shall be entitled to

11  four positions as indicated in this section. The community

12  college shall have the responsibility to survey and identify

13  within its service area all business and industry that may

14  benefit from an apprenticeship program, to develop programs to

15  meet those needs, and to implement the programs utilizing

16  funding from the affected industry.

17         (3)  The four positions allocated to Okaloosa-Walton

18  Community College shall be funded by Enterprise Florida, Inc.,

19  in the amount not to exceed $200,000. These shall be two job

20  development specialists at a total cost for both positions not

21  to exceed $138,000; one researcher at a total cost not to

22  exceed $34,660; and one secretary at a total cost not to

23  exceed $19,390. Office furniture and supplies shall be funded

24  in the amount of $7,950.

25         (4)  Okaloosa-Walton Community College shall be

26  entitled to apply for continued funding of these positions for

27  1 additional year if it can prove substantial progress toward

28  meeting the goals of this section. However, it is the intent

29  of the Legislature that, beginning with the third academic

30  year, costs of this program shall be borne substantially by

31  the businesses and industries that take part in the program


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  1  and that Okaloosa-Walton Community College shall provide all

  2  interested areas with a full report on the program and its

  3  success.

  4         Section 4.  This act shall take effect July 1, 1998.

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