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:
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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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