Senate Bill 2524c1
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Florida Senate - 1998 CS for SB 2524
By the Committee on Commerce and Economic Opportunities and
Senators Harris and Turner
310-1933-98
1 A bill to be entitled
2 An act relating to the WAGES Program; amending
3 s. 414.026, F.S.; requiring that the WAGES
4 Program State Board of Directors approve any
5 WAGES-related proposed administrative rules;
6 requiring collaboration with the WAGES State
7 Board concerning other actions by the Workforce
8 Development Board of Enterprise Florida, Inc.,
9 and state agencies; extending the existence of
10 the WAGES Program State Board of Directors;
11 allowing the Governor to designate the WAGES
12 Program State Board of Directors as a nonprofit
13 corporation; providing requirements; amending
14 s. 414.028, F.S.; revising requirements for a
15 member of a local WAGES coalition in the case
16 of a conflict of interest; providing
17 requirements for disclosing any such conflict;
18 providing for certain nonvoting members to be
19 appointed to a local coalition; requiring a
20 local coalition to deliver certain services
21 under the WAGES Program; providing for staff
22 support for local coalitions; amending s.
23 414.065, F.S.; deleting provisions that require
24 an employer to repay certain supplements or
25 incentives under specified circumstances;
26 creating a WAGES training bonus to be paid to
27 an employer who hires certain program
28 participants; providing protection for current
29 employees; amending s. 414.105, F.S.; providing
30 for eligibility for extended temporary cash
31 assistance under specified circumstances;
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1 providing that an individual who cares for a
2 disabled family member is exempt from certain
3 time limitations; providing legislative intent
4 with respect to encouraging the employment of
5 participants in the WAGES Program; requiring
6 the Office of Tourism, Trade, and Economic
7 Development to certify to the President of the
8 Senate and the Speaker of the House of
9 Representatives the amount of taxes and the
10 economic benefit generated by the restaurant
11 industry from employing WAGES participants and
12 to add that amount to the total amount of
13 certain beverage taxes and penalties paid
14 during a specified calendar year; providing for
15 the repeal of s. 561.501, F.S., relating to the
16 surcharge on the sale of alcoholic beverages,
17 if the total amount of the surcharge exceeds a
18 specified figure; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Present subsection (4) of section 414.026,
23 Florida Statutes, is redesignated as subsection (6) and
24 amended, and new subsections (4) and (5) are added to that
25 section, to read:
26 414.026 WAGES Program State Board of Directors.--
27 (4) The WAGES Program State Board of Directors must
28 approve the WAGES State Plan, the operating budget and any
29 amendments thereto, and any WAGES-related proposed
30 administrative rules. In addition, state agencies charged by
31 law with implementation of the WAGES Program and the Workforce
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1 Development Board of Enterprise Florida, Inc., shall
2 collaborate with the staff of the WAGES Program State Board of
3 Directors on all WAGES-related policies, requests for
4 proposals, and related directives.
5 (5)(a) The Governor, by executive order, may designate
6 the WAGES Program State Board of Directors as a nonprofit
7 corporation for the purpose of receiving federal funds and
8 providing oversight and maintenance to the WAGES Program and
9 in administering the State Plans for Aid and Services to Needy
10 Families with Children under 42 U.S.C. s. 602, as amended. The
11 nonprofit corporation shall be known as WAGES, Inc., and may,
12 by executive order, be designated as the state agency required
13 by 42 U.S.C. s. 602(a)(3).
14 (b) The executive order designating the nonprofit
15 corporation must include provisions for the governance and
16 organizational structure of the corporation which are
17 consistent with 42 U.S.C. s. 602(a)(5).
18 (c) The nonprofit corporation shall be organized under
19 chapter 617 and shall possess all the powers granted by that
20 chapter.
21 (d) The designated nonprofit corporation is eligible
22 to use the state communications system in accordance with s.
23 282.105(3).
24 (e) Pursuant to the applicable provisions of chapter
25 284, the Division of Risk Management of the Department of
26 Insurance may insure the nonprofit corporation under the same
27 general terms and conditions as other nonprofit, statutory
28 corporations.
29 (f) All departments, officers, agencies, coalitions,
30 and institutions of the state shall cooperate with the
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1 designated nonprofit corporation in the performance of its
2 duties.
3 (g) The designated nonprofit corporation shall make
4 provisions for an annual postaudit of its financial accounts
5 by an independent certified public accountant. The annual
6 audit shall be submitted to the Executive Office of the
7 Governor for review.
8 (h) WAGES, Inc., shall make all arrangements and
9 fulfill all legal conditions to become a nonprofit
10 corporation.
11 (i) The nonprofit corporation shall make available to
12 the public, upon request, copies of 42 U.S.C. s. 602, as
13 amended; applicable state laws; and any executive orders
14 establishing WAGES, Inc.
15 (j) The nonprofit corporation is subject to the
16 provisions of chapter 119, relating to public records, and
17 those provisions of chapter 286 relating to public meetings
18 and records.
19 (k) The nonprofit corporation is authorized to hire an
20 executive director and appropriate staff. The nonprofit
21 corporation shall annually, by February 1, provide the
22 Legislature with a list of staff and salaries.
23 (6)(4) This section expires June 30, 2002 1999, and
24 shall be reviewed by the Legislature prior to that date. In
25 its review, the Legislature shall assess the status of the
26 WAGES Program and shall determine if the responsibility for
27 administering the program should be transferred to other state
28 agencies.
29 Section 2. Section 414.028, Florida Statutes, is
30 amended to read:
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1 414.028 Local WAGES coalitions.--The WAGES Program
2 State Board of Directors shall create and charter local WAGES
3 coalitions to plan and coordinate the delivery of services
4 under the WAGES Program at the local level. The boundaries of
5 the service area for a local WAGES coalition shall conform to
6 the boundaries of the service area for the regional workforce
7 development board established under the Enterprise Florida
8 workforce development board. The local delivery of services
9 under the WAGES Program shall be coordinated, to the maximum
10 extent possible, with the local services and activities of the
11 local service providers designated by the regional workforce
12 development boards.
13 (1)(a) Each local WAGES coalition must have a minimum
14 of 11 members, of which at least one-half must be from the
15 business community. The composition of the coalition
16 membership must generally reflect the racial, gender, and
17 ethnic diversity of the community as a whole. All members
18 shall be appointed to 3-year terms. The membership of each
19 coalition must include:
20 1. Representatives of the principal entities that
21 provide funding for the employment, education, training, and
22 social service programs that are operated in the service area,
23 including, but not limited to, representatives of local
24 government, the regional workforce development board, and the
25 United Way.
26 2. A representative of the health and human services
27 board.
28 3. A representative of a community development board.
29 4. Three representatives of the business community who
30 represent a diversity of sizes of businesses.
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1 5. Representatives of other local planning,
2 coordinating, or service-delivery entities.
3 6. A representative of a grassroots community or
4 economic development organization that serves the poor of the
5 community.
6 (b) A person may be a member of a local WAGES
7 coalition or a combined WAGES coalition as provided in
8 subsection (2) regardless of whether the member, or an
9 organization represented by a member, could benefit
10 financially from transactions of the coalition. However, if
11 the coalition enters into a contract with an organization or
12 individual represented on the coalition, the contract must be
13 approved by a two-thirds vote of the entire board, and the
14 board member who could benefit financially from the
15 transaction must abstain from voting. A board member must
16 disclose any such conflict in a manner that is approved by the
17 WAGES Program State Board of Directors and is consistent with
18 the procedures outlined in s. 112.3143. A representative of an
19 agency or entity that could benefit financially from funds
20 appropriated under the WAGES Program may not be a member of a
21 local WAGES coalition.
22 (c) A member of the board of a public or private
23 educational institution may not serve as a member of a local
24 WAGES coalition.
25 (d) A representative of any county or municipal
26 governing body that elects to provide services through the
27 local WAGES coalition shall be an ex officio, nonvoting member
28 of the coalition.
29 (e) A representative of a county health department or
30 a representative of a healthy start coalition shall serve as
31 an ex officio, nonvoting member of the coalition.
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1 (f) This subsection does not prevent a local WAGES
2 coalition from extending regular, voting membership to not
3 more than one representative of a county health department and
4 not more than one representative of a healthy start coalition.
5 (2) A local WAGES coalition and a regional workforce
6 development board may be combined into one board if the
7 membership complies with subsection (1), and if the membership
8 of the combined board meets the requirements of Pub. L. No.
9 97-300, the federal Job Training Partnership Act, as amended,
10 and with any law delineating the membership requirements for
11 the regional workforce development boards. Notwithstanding
12 paragraph (1)(b), in a region in which the duties of the two
13 boards are combined, a person may be a member of the WAGES
14 coalition even if the member, or the member's principal, could
15 benefit financially from transactions of the coalition.
16 However, members must recuse themselves from voting on all
17 matters from which they or their principals could benefit
18 financially. Failure to recuse on any such vote will
19 constitute grounds for immediate removal from the local WAGES
20 coalition.
21 (3) The statewide implementation plan prepared by the
22 WAGES Program State Board of Directors shall prescribe and
23 publish the process for chartering the local WAGES coalitions.
24 (4) Each local WAGES coalition shall perform the
25 planning, coordination, and oversight functions specified in
26 the statewide implementation plan, including, but not limited
27 to:
28 (a) Developing a program and financial plan to achieve
29 the performance outcomes specified by the WAGES Program State
30 Board of Directors for current and potential program
31 participants in the service area. The plan must reflect the
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1 needs of service areas for seed money to create programs that
2 assist children of WAGES participants.
3 (b) Developing a funding strategy to implement the
4 program and financial plan which incorporates resources from
5 all principal funding sources.
6 (c) Identifying employment, service, and support
7 resources in the community which may be used to fulfill the
8 performance outcomes of the WAGES Program.
9 (d) In cooperation with the regional workforce
10 development board, coordinating the implementation of one-stop
11 career centers.
12 (e) Advising the Department of Children and Family
13 Services and the Department of Labor and Employment Security
14 with respect to the competitive procurement of services under
15 the WAGES Program.
16 (f) Selecting an entity to administer the program and
17 financial plan, such as a unit of a political subdivision
18 within the service area, a not-for-profit private organization
19 or corporation, or any other entity agreed upon by the local
20 WAGES coalition.
21 (5) By October 1, 1998, local WAGES coalitions shall
22 deliver the full continuum of services provided under the
23 WAGES Program, including services that are provided at the
24 point of application. However, local WAGES coalitions may not
25 determine an individual's eligibility for temporary cash
26 assistance. The local WAGES coalitions shall develop a
27 transition plan to be approved by the WAGES Program State
28 Board of Directors.
29 (6)(5) The WAGES Program State Board of Directors may
30 not approve the program and financial plan of a local
31 coalition unless the plan provides a teen pregnancy prevention
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1 component that includes, but is not necessarily limited to, a
2 plan for implementing the Florida Education Now and Babies
3 Later (ENABL) program under s. 411.242 and the Teen Pregnancy
4 Prevention Community Initiative within each county segment of
5 the service area in which the teen childhood birth rate is
6 higher than the state average. Each local WAGES coalition is
7 authorized to fund community-based welfare prevention and
8 reduction initiatives that increase the support provided by
9 noncustodial parents to their welfare-dependent children and
10 are consistent with program and financial guidelines developed
11 by the WAGES Program State Board of Directors and the
12 Commission on Responsible Fatherhood. These initiatives may
13 include, but are not limited to, improved paternity
14 establishment, work activities for noncustodial parents, and
15 programs aimed at decreasing out-of-wedlock pregnancies,
16 encouraging the involvement of fathers with their children,
17 and increasing child-support payments.
18 (7)(6) At the option of the local WAGES coalition,
19 local employees of the department and the Department of Labor
20 and Employment Security shall provide staff support for the
21 local WAGES coalitions. At the option of the local WAGES
22 coalition, Staff support may be provided by another agency, or
23 entity, or by contract if it can be provided at no cost to the
24 state and if the support is not provided by an agency or other
25 entity that could benefit financially from funds appropriated
26 to implement the WAGES Program.
27 (8)(7) There shall be no liability on the part of, and
28 no cause of action of any nature shall arise against, any
29 member of a local WAGES coalition or its employees or agents
30 for any lawful action taken by them in the performance of
31 their powers and duties under this section and s. 414.029.
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1 Section 3. Paragraph (b) of subsection (1) of section
2 414.065, Florida Statutes, is amended and subsection (12) is
3 added to that section to read:
4 414.065 Work requirements.--
5 (1) WORK ACTIVITIES.--The following activities may be
6 used individually or in combination to satisfy the work
7 requirements for a participant in the WAGES Program:
8 (b) Subsidized private sector employment.--Subsidized
9 private sector employment is employment in a private
10 for-profit enterprise or a private not-for-profit enterprise
11 which is directly supplemented by federal or state funds. A
12 subsidy may be provided in one or more of the forms listed in
13 this paragraph.
14 1. Work supplementation.--A work supplementation
15 subsidy diverts a participant's temporary cash assistance
16 under the program to the employer. The employer must pay the
17 participant wages that equal or exceed the applicable federal
18 minimum wage. Work supplementation may not exceed 6 months. At
19 the end of the supplementation period, the employer is
20 expected to retain the participant as a regular employee
21 without receiving a subsidy for at least 12 months. A The work
22 supplementation agreement may not be continued with any
23 employer who exhibits a pattern of failing to provide
24 participants with continued employment after the period of
25 work supplementation ends must provide that if the employee is
26 dismissed at any time within 12 months after termination of
27 the supplementation period due in any part to loss of the
28 supplement, the employer shall repay some or all of the
29 supplement previously paid as a subsidy to the employer under
30 the WAGES Program.
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1 2. On-the-job training.--On-the-job training is
2 full-time, paid employment in which the employer or an
3 educational institution in cooperation with the employer
4 provides training needed for the participant to perform the
5 skills required for the position. The employer or the
6 educational institution on behalf of the employer receives a
7 subsidy to offset the cost of the training provided to the
8 participant. Upon satisfactory completion of the training, the
9 employer is expected to retain the participant as a regular
10 employee without receiving a subsidy. An The on-the-job
11 training agreement may not be continued with any employer who
12 exhibits a pattern of failing to provide participants with
13 continued employment after the on-the-job training subsidy
14 ends must provide that in the case of dismissal of a
15 participant due to loss of the subsidy, the employer shall
16 repay some or all of the subsidy previously provided by the
17 department and the Department of Labor and Employment
18 Security.
19 3. Incentive payments.--The department and the
20 Department of Labor and Employment Security may provide
21 additional incentive payments to encourage employers to employ
22 program participants. Incentive payments may include payments
23 to encourage the employment of hard-to-place participants, in
24 which case the amount of the payment shall be weighted
25 proportionally to the extent to which the participant has
26 limitations associated with the long-term receipt of welfare
27 and difficulty in sustaining employment. In establishing
28 incentive payments, the department and the Department of Labor
29 and Employment Security shall consider the extent of prior
30 receipt of welfare, lack of employment experience, lack of
31 education, lack of job skills, and other appropriate factors.
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1 A participant who has complied with program requirements and
2 who is approaching the time limit for receiving temporary cash
3 assistance may be defined as "hard-to-place." Incentive
4 payments may include payments in which an initial payment is
5 made to the employer upon the employment of a participant, and
6 the majority of the incentive payment is made after the
7 employer retains the participant as a full-time employee for
8 at least 12 months. An The incentive agreement may not be
9 continued with any employer who exhibits a pattern of failing
10 to provide participants with continued employment after the
11 incentive payments cease must provide that if the employee is
12 dismissed at any time within 12 months after termination of
13 the incentive payment period due in any part to loss of the
14 incentive, the employer shall repay some or all of the payment
15 previously paid as an incentive to the employer under the
16 WAGES Program.
17 4. Tax credits.--An employer who employs a program
18 participant may qualify for enterprise zone property tax
19 credits under s. 220.182, the tax refund program for qualified
20 target industry businesses under s. 288.106, or other federal
21 or state tax benefits. The department and the Department of
22 Labor and Employment Security shall provide information and
23 assistance, as appropriate, to use such credits to accomplish
24 program goals.
25 5. WAGES training bonus.--An employer who hires a
26 WAGES participant who has less than 6 months of eligibility
27 for temporary cash assistance remaining and who pays the
28 participant a wage that precludes the participant's
29 eligibility for temporary cash assistance may receive $240 for
30 each full month of employment for a period that may not exceed
31 3 months. An employer who receives a WAGES training bonus for
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1 an employee may not receive a work supplementation subsidy for
2 the same employee.
3 (12) PROTECTION FOR CURRENT EMPLOYEES.--In
4 establishing and contracting for work-experience and community
5 service activities, other work-experience activities,
6 on-the-job training, subsidized employment, and work
7 supplementation under the WAGES Program, an employed worker
8 may not be displaced, either completely or partially. A WAGES
9 participant may not be assigned to an activity or employed in
10 a position if the employer has created the vacancy or
11 terminated an existing employee without good cause in order to
12 fill that position with a WAGES Program participant.
13 Section 4. Section 414.105, Florida Statutes, is
14 amended to read:
15 414.105 Time limitations of temporary cash
16 assistance.--Unless otherwise expressly provided in this
17 chapter, an applicant or current participant shall receive
18 temporary cash assistance for episodes of not more than 24
19 cumulative months in any consecutive 60-month period that
20 begins with the first month of participation and for not more
21 than a lifetime cumulative total of 48 months as an adult.
22 (1) The time limitation for episodes of temporary cash
23 assistance may not exceed 36 cumulative months in any
24 consecutive 72-month period that begins with the first month
25 of participation and may not exceed a lifetime cumulative
26 total of 48 months of temporary cash assistance as an adult,
27 for cases in which the participant:
28 (a) Has received aid to families with dependent
29 children or temporary cash assistance for any 36 months of the
30 preceding 60 months; or
31 (b) Is a custodial parent under the age of 24 who:
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1 1. Has not completed a high school education or its
2 equivalent; or
3 2. Had little or no work experience in the preceding
4 year.
5 (2) A participant who is not exempt from work activity
6 requirements may earn 1 month of eligibility for extended
7 temporary cash assistance, up to a maximum of 12 additional
8 months, for each month in which the participant is fully
9 complying with all the requirements of the WAGES Program and
10 is employed part-time or full-time. The period for which
11 extended temporary cash assistance is granted shall be based
12 upon compliance with WAGES Program requirements beginning
13 October 1, 1997. A participant may not receive temporary cash
14 assistance under this subsection, in combination with other
15 periods of temporary cash assistance, for longer than 48
16 months.
17 (3)(2) Hardship exemptions to the time limitations of
18 this chapter shall be limited to 10 percent of participants in
19 the first year of implementation of this chapter, 15 percent
20 of participants in the second year of implementation of this
21 chapter, and 20 percent of participants in all subsequent
22 years. Criteria for hardship exemptions include:
23 (a) Diligent participation in activities, combined
24 with inability to obtain employment.
25 (b) Diligent participation in activities, combined
26 with extraordinary barriers to employment, including the
27 conditions which may result in an exemption to work
28 requirements.
29 (c) Significant barriers to employment, combined with
30 a need for additional time.
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1 (d) Diligent participation in activities and a need by
2 teen parents for an exemption in order to have 24 months of
3 eligibility beyond receipt of the high school diploma or
4 equivalent.
5 (e) A recommendation of extension for a minor child of
6 a participating family that has reached the end of the
7 eligibility period for temporary cash assistance. The
8 recommendation must be the result of a review which determines
9 that the termination of the child's temporary cash assistance
10 would be likely to result in the child being placed into
11 emergency shelter or foster care. Temporary cash assistance
12 shall be provided through a protective payee. Staff of the
13 Children and Families Family Services Program Office of the
14 department shall conduct all assessments in each case in which
15 it appears a child may require continuation of temporary cash
16 assistance through a protective payee.
17
18 At the recommendation of the local WAGES coalition, temporary
19 cash assistance under a hardship exemption for a participant
20 who is eligible for work activities and who is not working
21 shall be reduced by 10 percent. Upon the employment of the
22 participant, full benefits shall be restored.
23 (4)(3) The department shall establish a procedure for
24 reviewing and approving hardship exemptions, and the local
25 WAGES coalitions may assist in making these determinations.
26 The composition of any review panel must generally reflect the
27 racial, gender, and ethnic diversity of the community as a
28 whole. Members of a review panel shall serve without
29 compensation, but are entitled to receive reimbursement for
30 per diem and travel expenses as provided in s. 112.016.
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1 (5)(4) The cumulative total of all hardship exemptions
2 may not exceed 12 months, may include reduced benefits at the
3 option of the community review panel, and shall, in
4 combination with other periods of temporary cash assistance as
5 an adult, total no more than 48 months of temporary cash
6 assistance. If an individual fails to comply with program
7 requirements during a hardship exemption period, the hardship
8 exemption shall be removed.
9 (6)(5) For individuals who have moved from another
10 state and have legally resided in this state for less than 12
11 months, the time limitation for temporary cash assistance
12 shall be the shorter of the respective time limitations used
13 in the two states, and months in which temporary cash
14 assistance was received under a block grant program that
15 provided temporary assistance for needy families in any state
16 shall count towards the cumulative 48-month benefit limit for
17 temporary cash assistance.
18 (7)(6) For individuals subject to a time limitation
19 under the Family Transition Act of 1993, that time limitation
20 shall continue to apply. Months in which temporary cash
21 assistance was received through the family transition program
22 shall count towards the time limitations under this chapter.
23 (8)(7) Except when temporary cash assistance was
24 received through the family transition program, the
25 calculation of the time limitation for temporary cash
26 assistance shall begin with the first month of receipt of
27 temporary cash assistance after the effective date of this
28 act.
29 (9)(8) Child-only cases are not subject to time
30 limitations, and temporary cash assistance received while an
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1 individual is a minor child shall not count towards time
2 limitations.
3 (10)(9) An individual who receives benefits under the
4 Supplemental Security Income program or the Social Security
5 Disability Insurance program is not subject to time
6 limitations.
7 (11) A person who is totally responsible for the
8 personal care of a disabled family member is not subject to
9 time limitations if the need for the care is verified and
10 alternative care is not available for the family member. The
11 department shall annually evaluate an individual's
12 qualifications for this exemption.
13 (12)(10) A member of the WAGES Program staff shall
14 interview and assess the employment prospects and barriers of
15 each participant who is within 6 months of reaching the
16 24-month time limit. The staff member shall assist the
17 participant in identifying actions necessary to become
18 employed prior to reaching the benefit time limit for
19 temporary cash assistance and, if appropriate, shall refer the
20 participant for services that could facilitate employment.
21 Section 5. The Legislature recognizes that the
22 restaurant industry is uniquely qualified to provide
23 employment opportunities for a significant number of WAGES
24 participants. Therefore, it is the intent of the Legislature
25 to encourage employment of WAGES participants by the
26 restaurant industry. By March 1, 1999, the Office of Tourism,
27 Trade, and Economic Development shall certify to the President
28 of the Senate and the Speaker of the House of Representatives
29 the amount of taxes and the dollar value of economic benefits
30 generated by the restaurant industry from the employment of
31 participants in the WAGES Program during the 1998 calendar
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1 year. The total of the amount of taxes and the dollar value of
2 economic benefits reported to the President of the Senate and
3 the Speaker of the House of Representatives shall be added to
4 the amount of taxes paid during the 1998 calendar year under
5 sections 563.05, 564.06, and 565.12, Florida Statutes, and
6 payments made to the state under section 561.54, Florida
7 Statutes. If the total of these amounts is greater than $535
8 million, effective July 1, 1999, section 561.501, Florida
9 Statutes, is repealed.
10 Section 6. This act shall take effect upon becoming a
11 law.
12
13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 Senate Bill 2524
15
16 This committee substitute requires the WAGES Program State
Board of Directors to approve the WAGES Program State Plan and
17 operating budget as well as any WAGES related proposed
administrative rules and further requires the Workforce
18 Development Board of Enterprise Florida, Inc., and state
agencies charged by law to implement the WAGES Program, to
19 collaborate with the staff of the WAGES Program State Board on
all WAGES related policies, request for proposals and related
20 directives. Furthermore, this committee substitute extends the
WAGES Program State Board to the year 2002 and allows the
21 Governor, by executive order, to designate the WAGES Program
State Board as a nonprofit corporation. This corporation is
22 subject to public meeting and public records law.
23 This committee substitute requires local WAGES coalitions, by
October 1, 1998, to deliver the full continuum of WAGES
24 services, with exceptions, and provides that existing employed
workers may not be displaced by WAGES Program participants.
25
This committee substitute requires that the Office of Tourism,
26 Trade, and Economic Development certify to the Legislature the
amount of taxes and the economic benefits generated by the
27 restaurant industry from employing participants in the WAGES
Program and add that amount to the total amount of certain
28 beverage taxes and penalties paid during the 1998 calendar
year. If this total amount exceeds $535 million, the surcharge
29 on the sale of alcoholic beverages for consumption on premises
is repealed effective July 1, 1999.
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