Senate Bill 0762

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    Florida Senate - 1998                                   SB 762

    By the Committee on Commerce and Economic Opportunities





    310-438-98

  1                      A bill to be entitled

  2         An act relating to workforce development;

  3         transferring and amending s. 288.9620, F.S.;

  4         providing legislative findings; creating the

  5         Workforce Development Board within Enterprise

  6         Florida, Inc.; providing for a board of

  7         directors and for officers and employees;

  8         providing duties of the board and of its board

  9         of directors; providing for reports and audits;

10         requiring measures and standards of workforce

11         development strategy; transferring and amending

12         ss. 446.601, 446.602, 446.603, 446.604,

13         446.605, 446.606, 446.607, F.S.; conforming

14         terminology and cross-references; amending s.

15         288.902, F.S.; deleting an obsolete

16         cross-reference; providing an effective date.

17

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

19

20         Section 1.  Sections 288.99, 288.9951, 288.9952,

21  288.9953, 288.9954, 288.9955, 288.9956, and 288.9957, Florida

22  Statutes, are designated as part XI of chapter 288, Florida

23  Statutes, and the Division of Statutory Revision is requested

24  to designate that part "Workforce Development Board."

25         Section 2.  Section 288.9620, Florida Statutes, is

26  transferred, renumbered as section 288.99, Florida Statutes,

27  and amended to read:

28         (Substantial rewording of section. See

29         s. 288.9620, F.S., for present text.)

30         288.99  Workforce Development Board.--

31

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  1         (1)  The Legislature finds that the growth and

  2  competitive strength of Florida's economy depend upon the

  3  state's ability to attract and support industries that add to

  4  the value of the state's social capital as well as to its

  5  economic capital. It is crucial to the retention and growth of

  6  these high-value-added industries to assure that skilled human

  7  resources are adequate in quality and quantity. The

  8  Legislature intends to adopt a uniform policy to guide

  9  education, training, and employment programs, so that the

10  combined efforts of all the programs accomplish the following

11  objectives:

12         (a)  Provide for a skilled workforce to enable Florida

13  to compete in a global economy.

14         (b)  Respond to changes in technology and to emerging

15  industries.

16         (c)  Promote the development of market-driven programs

17  through a planning and funding system based upon products of

18  the Occupational Forecasting Conference created in s. 216.136.

19         (d)  Base evaluations of program success on student and

20  participant outcomes rather than processes.

21         (e)  Coordinate state, federal, local, and private

22  funds for maximum impact.

23         (f)  Encourage the participation, education, and

24  training of members of populations selected by state or

25  federal policy to receive additional resources, guidance, or

26  services. The selected populations must include people with

27  disabilities or economic disadvantages, especially those who

28  are participants in the WAGES Program, are eligible for public

29  assistance, or are dislocated workers.

30         (2)  There is created within the nonprofit corporate

31  structure of Enterprise Florida, Inc., a nonprofit

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  1  public-private Workforce Development Board.  The purpose of

  2  the Workforce Development Board, also known as the Jobs and

  3  Education Partnership, is to create a Florida economy

  4  characterized by better employment opportunities leading to

  5  higher wages by creating and maintaining a highly skilled

  6  workforce that responds to the rapidly changing technology and

  7  diversified market opportunities critical to this mission.

  8         (3)(a)  The Workforce Development Board shall be

  9  governed by a board of directors consisting of the following

10  members:

11         1.  The Commissioner of Education.

12         2.  The Secretary of the Department of Elderly Affairs.

13         3.  The Secretary of the Department of Children and

14  Family Services.

15         4.  The Secretary of the Department of Labor and

16  Employment Security.

17         5.  The Chancellor of the State University System or

18  the Chancellor's designee.

19         6.  The Executive Director of the State Community

20  College System or the executive director's designee.

21         7.  A member of the Senate, to be appointed by the

22  President of the Senate as an ex officio member of the board

23  and serve at the pleasure of the President.

24         8.  A member of the House of Representatives, to be

25  appointed by the Speaker of the House of Representatives as an

26  ex officio member of the board and serve at the pleasure of

27  the Speaker.

28         9.  Eleven to 13 members from the public and private

29  sectors who possess an understanding of the broad spectrum of

30  education, training, and employment needs of the residents of

31  the state, with the majority from the private sector, to be

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  1  appointed by the Governor, subject to Senate confirmation.

  2  Membership must be consistent with Pub. L. No. 97-300, as

  3  amended, including the requirement that organized labor

  4  representatives must constitute not less than 15 percent of

  5  the membership and represent those industries critical to the

  6  state's economic base, as well as that portion of the state's

  7  population which has limited employment skills and work

  8  experience. The members from the public sector must also

  9  include an occupational dean of a community college and a

10  school district vocational director with responsibility for

11  postsecondary programs. The members from the private sector

12  must include a private business representative from a private

13  industry council, at least one representative of a regional

14  workforce development board, a representative of organized

15  labor, as well as two representatives from licensed, private

16  postsecondary institutions in the state currently

17  participating in vocational education and job training

18  programs provided that at least one of these members is

19  recommended by the Florida Association of Postsecondary

20  Schools and Colleges.

21         (b)  Additional members may be appointed, subject to

22  Senate confirmation, when necessary to conform to the

23  requirements of the Job Training Partnership Act or the

24  requirements of any other federal act establishing or

25  designating a Human Resources Investment Council or other

26  federal workforce development board.

27         (c)  Private-sector members appointed by the Governor

28  must be appointed for 4-year, staggered terms. Public-sector

29  members appointed by the Governor must be appointed to 4-year

30  terms. At least 50 percent of the Governor's appointees must

31  be members of regional workforce development boards. The

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  1  regional workforce development boards may nominate members for

  2  the Governor's consideration.

  3         (d)  The chair of the board of directors of the

  4  Workforce Development Board and the vice chair of the board of

  5  directors of Enterprise Florida, Inc., shall jointly select a

  6  list of nominees for appointment to the board of directors of

  7  the Workforce Development Board from a slate of candidates

  8  submitted by Enterprise Florida, Inc.  The chair of the board

  9  of directors of the Workforce Development Board and vice chair

10  of the board of directors of Enterprise Florida, Inc., may

11  request that additional candidates be submitted by the board

12  of directors of Enterprise Florida, Inc., if the chair and

13  vice chair cannot agree on a list of nominees submitted.

14  Appointments to the board of directors of the Workforce

15  Development Board shall be made by the Governor from the list

16  of nominees jointly selected by the chair of the board of

17  directors of the Workforce Development Board and vice chair of

18  the board of directors of Enterprise Florida, Inc.  Appointees

19  shall represent all geographic regions of the state, including

20  both urban and rural regions.  The importance of minority and

21  gender representation shall be considered when making

22  nominations for each position on the board of directors of the

23  Workforce Development Board.  A vacancy on the board of

24  directors of the Workforce Development Board shall be filled

25  for the remainder of the unexpired term in the same manner as

26  the original appointment.

27         (e)  The Governor shall appoint members from the public

28  sector and private sector to the board of directors of the

29  Workforce Development Board within 30 days after the receipt

30  of the nominations from the board of directors of Enterprise

31  Florida, Inc.

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  1         (f)  A member of the board of directors of the

  2  Workforce Development Board may be removed by the Governor for

  3  cause. Absence from three consecutive meetings results in

  4  automatic removal.

  5         (4)  The board of directors of the Workforce

  6  Development Board may appoint subcommittees to fulfill its

  7  responsibilities, to comply with federal requirements, or to

  8  obtain technical assistance and must incorporate members of

  9  regional workforce development boards and former boards and

10  commissions into its structure. These subcommittees may

11  provide the board of directors of the Workforce Development

12  Board with technical advice, policy consultation, and

13  information about workforce development issues.

14         (5)(a)  The board of directors of the Workforce

15  Development Board shall be chaired by a board member

16  designated by the Governor.

17         (b)  The president of the Workforce Development Board

18  shall be hired by the president of Enterprise Florida, Inc.,

19  and shall serve in the capacity of an executive director and

20  secretary of the Workforce Development Board. The president of

21  Enterprise Florida, Inc., shall hire any additional staff

22  within the parameters established by the board of directors of

23  Enterprise Florida, Inc.

24         (c)  The board of directors of the Workforce

25  Development Board shall meet at least quarterly and at other

26  times upon call of its chair.

27         (d)  A majority of the total current membership of the

28  board of directors of the Workforce Development Board

29  comprises a quorum of the board.

30         (e)  A majority of those voting is required to organize

31  and conduct the business of the Workforce Development Board,

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  1  except that a majority of the entire board of directors of the

  2  Workforce Development Board is required to adopt or amend the

  3  operational plan.

  4         (f)  Except as delegated or authorized by the board of

  5  directors of the Workforce Development Board, individual

  6  members have no authority to control or direct the operations

  7  of the Workforce Development Board or the actions of its

  8  officers and employees, including the president.

  9         (g)  The board of directors of the Workforce

10  Development Board may delegate to its president those powers

11  and responsibilities it deems appropriate.

12         (h)  Members of the board of directors of the Workforce

13  Development Board and its subcommittees shall serve without

14  compensation, but these members, the president, and all

15  employees of the Workforce Development Board may be reimbursed

16  for all reasonable, necessary, and actual expenses, as

17  determined by the board of directors of Enterprise Florida,

18  Inc.

19         (i)  The board of directors of the Workforce

20  Development Board may establish an executive committee

21  consisting of the chair and at least two additional board

22  members selected by the board of directors.  The executive

23  committee shall have such authority as the board of directors

24  of the Workforce Development Board delegates to it, except

25  that the board of directors may not delegate to the executive

26  committee authority to take action that requires approval by a

27  majority of the entire board of directors.

28         (j)  Each member of the board of directors of the

29  Workforce Development Board who is not otherwise required to

30  file a financial disclosure pursuant to s. 8, Art. II of the

31

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  1  State Constitution or s. 112.3144 must file disclosure of

  2  financial interests pursuant to s. 112.3145.

  3         (6)  The Workforce Development Board shall have all the

  4  powers and authority, not explicitly prohibited by statute,

  5  necessary or convenient to carry out and effectuate the

  6  purposes of this section, as well as its functions, duties,

  7  and responsibilities, including, but not limited to, the

  8  following:

  9         (a)  Advising and assisting in the formulation and

10  coordination of the state's economic policy regarding

11  workforce development critical to achieve the purposes of the

12  board, as stated in this section and consistent with the

13  policies of the board of directors of Enterprise Florida, Inc.

14         (b)  Using a corporate seal.

15         (c)  Advising and assisting in developing the state's

16  strategic workforce development plan and subsequent

17  implementation plans as part of the strategic economic

18  development plan of Enterprise Florida, Inc.

19         (d)  Designing the state's workforce development

20  strategy as the state's Human Resource Investment Council,

21  recommending a market-driven, placement-based,

22  community-managed, and customer-focused workforce development

23  system and promoting that system's implementation at the state

24  and local level. The strategy should establish standards and

25  measures for job placement cost, direct customer service

26  costs, and overall service delivery costs to measure

27  performance for various categories of workers as well as

28  performance when taking into account the difficulties

29  confronted by workers. Unless otherwise required by federal

30  law, at least 90 percent of the funding covered by this

31  strategy must go into direct customer service costs. Of the

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  1  allowable administrative overhead, appropriate amounts shall

  2  be expended to procure independent job placement performance

  3  evaluations.

  4         (e)  Evaluating the performance and effectiveness of

  5  Florida's workforce development programs.

  6         (f)  Reporting to the board of directors of Enterprise

  7  Florida, Inc., regarding its recommendations, functions,

  8  duties, and responsibilities.

  9         (g)  Soliciting, borrowing, accepting, receiving,

10  investing, and expending funds from any public or private

11  source.

12         (h)  Contracting with public and private entities as

13  necessary to further the directives of this section, except

14  that any contract made with an organization represented on the

15  board of directors of Enterprise Florida, Inc., or on the

16  board of directors of the Workforce Development Board must be

17  approved by a two-thirds vote of the entire board of directors

18  of the Workforce Development Board, and, if applicable, the

19  board member representing such organization shall abstain from

20  voting. No more than 65 percent of the dollar value of all

21  contracts or other agreements entered into in any fiscal year,

22  exclusive of grant programs, shall be made with an

23  organization represented on the board of directors of

24  Enterprise Florida, Inc., or the board of directors of the

25  Workforce Development Board. An organization represented on

26  the board of directors of the Workforce Development Board or

27  on the board of directors of Enterprise Florida, Inc., may not

28  enter into a contract to receive a state-funded economic

29  development incentive or similar grant, unless such incentive

30  award is specifically endorsed by a two-thirds vote of the

31  entire board of directors of the Workforce Development Board.

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  1  The member of the board of directors of the Workforce

  2  Development Board representing such organization, if

  3  applicable, shall abstain from voting and refrain from

  4  discussing the issue with other members of the board. No more

  5  than 50 percent of the dollar value of grants issued by the

  6  board in any fiscal year may go to businesses associated with

  7  members of the board of directors of the Workforce Development

  8  Board.

  9         (i)  Approving an annual budget.

10         (j)  Carrying forward any unexpended state

11  appropriations into succeeding fiscal years.

12         (k)  Providing an annual report to the board of

13  directors of Enterprise Florida, Inc., by November 1 which

14  includes a copy of an annual financial and compliance audit of

15  its accounts and records conducted by an independent certified

16  public accountant and performed in accordance with rules

17  adopted by the Auditor General.

18         (l)  Serving as the designated State Human Resource

19  Investment Council, as described in Pub. L. No. 102-367, Title

20  VII, with responsibility for policy, planning, and

21  accountability for the state's workforce development strategy.

22         (m)  Working with affected communities, councils, and

23  agencies to develop and implement a transition plan

24  consolidating and coordinating these groups and their funding

25  into the state's workforce development strategy.

26         (n)  Implementing a charter process that uses regional

27  workforce development boards whose membership,

28  responsibilities, and authority must be consistent with

29  federal and state law. Such charter process must align local

30  workforce groups' resources and services under the regional

31  workforce development boards' plans to eliminate unwarranted

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  1  duplication, minimize administrative costs, and increase

  2  responsiveness to business, communities, and workers.

  3         (o)  Identifying resources that can be directed to

  4  charters and designs that can make state expenditures more

  5  job-placement-focused and performance-based.

  6         (p)  Establishing procedures to award resources and

  7  incentives to chartered communities and to measure the job

  8  placement outcomes of those charters, rewarding positive

  9  outcomes, and penalizing negative outcomes, ultimately

10  revoking failing charters. Notwithstanding s. 216.351, to

11  allow time for documenting program performance, funds

12  allocated for the incentives provided in this section and s.

13  239.249 must be carried forward to the next fiscal year and

14  must be awarded for the current year's performance, unless

15  federal law requires the funds to revert at the year's end.

16         (q)  Developing workforce development innovations in

17  consultation with business, labor, community groups, workforce

18  development groups, educational institutions, research groups,

19  and agencies.

20         (7)  The Workforce Development Board may take any

21  action that it deems necessary to achieve the purposes of this

22  section and consistent with the policies of the board of

23  directors of Enterprise Florida, Inc., in partnership with

24  private enterprises, public agencies, and other organizations.

25  The Workforce Development Board shall advise and make

26  recommendations to the board of directors of Enterprise

27  Florida, Inc., and through that board of directors to the

28  State Board of Education and the Legislature concerning action

29  needed to bring about the following benefits to the state's

30  social and economic resources:

31

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  1         (a)  A state employment, education, and training policy

  2  that ensures that programs to prepare workers are responsive

  3  to present and future business and industry needs and

  4  complement the initiatives of the boards of Enterprise

  5  Florida, Inc.

  6         (b)  A funding system that provides incentives to

  7  improve the outcomes of vocational education programs, and of

  8  registered apprenticeship and work-based learning programs,

  9  and that focuses resources on occupations related to new or

10  emerging industries that add greatly to the value of the

11  state's economy.

12         (c)  A comprehensive approach to the education and

13  training of target populations such as those who have

14  disabilities, are economically disadvantaged, receive public

15  assistance, are not proficient in English, or are dislocated

16  workers. This approach should ensure the effective use of

17  federal, state, local, and private resources in reducing the

18  need for public assistance.

19         (d)  The designation of institutes of applied

20  technology composed of postsecondary institutions working

21  together with business and industry to ensure that technical

22  and vocational education programs use the most advanced

23  technology and instructional methods available and respond to

24  the changing needs of business and industry.

25         (e)  A system to project and evaluate labor market

26  supply and demand using the results of the Occupational

27  Forecasting Conference created in s. 216.136 and the career

28  education performance standards identified in s. 239.233.

29         (f)  A review of the performance of public programs

30  that are responsible for economic development, education,

31

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  1  employment, and training. The review must include an analysis

  2  of the return on investment of these programs.

  3         (8)  By December 1 of each year, Enterprise Florida,

  4  Inc., shall submit to the Governor, the President of the

  5  Senate, the Speaker of the House of Representatives, the

  6  Senate Minority Leader, and the House Minority Leader a

  7  complete and detailed report by the Workforce Development

  8  Board setting forth:

  9         (a)  The audit in subsection (9), if conducted.

10         (b)  The operations and accomplishments of the

11  partnership including the programs or entities listed in

12  subsection (7).

13         (9)  The Auditor General may, pursuant to his or her

14  own authority or at the direction of the Legislative Auditing

15  Committee, conduct an audit of the Workforce Development Board

16  or the programs or entities created by the Workforce

17  Development Board.

18         (10)  The Workforce Development Board, in collaboration

19  with the regional workforce development boards, the Office of

20  Program Policy Analysis and Government Accountability, and

21  appropriate state agencies and local public and private

22  service providers, must establish uniform measures and

23  standards, to gauge the performance of the workforce

24  development strategy. These measures and standards must be

25  organized into three outcome tiers.

26         (a)  The first tier must be organized to provide

27  benchmarks for systemwide outcomes. The Workforce Development

28  Board must, in collaboration with the Office of Program Policy

29  Analysis and Government Accountability, establish goals for

30  the tier one outcomes. The resources of the University of

31  Florida Bureau of Economics and Business Research, the

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  1  Department of Labor and Employment Security, the Commission on

  2  Government Accountability to the People, the Florida Education

  3  and Training Placement Information Program, and the

  4  Occupational Forecasting Conference, as well as any other

  5  relevant federal, state, or private sources, may be consulted

  6  for assistance in establishing standards and measures, for

  7  providing data collection and ensuring data reliability, or

  8  for data evaluation and interpretation by the Workforce

  9  Development Board. Systemwide outcomes may include employment

10  in occupations demonstrating continued growth in wages,

11  continued employment after 3, 6, 12, and 24 months, reduction

12  in and elimination of public assistance reliance, job

13  placement, employer satisfaction, and positive return on

14  investment of public resources.

15         (b)  The second tier must be organized to provide a set

16  of benchmark outcomes for each of the four strategic

17  components of the workforce development strategy. A set of

18  standards and measures must be developed for One-Stop Career

19  Centers, School-to-Work, Welfare-to-Work, and High Skills/High

20  Wage, targeting the specific goals of that particular

21  strategy. Cost per entered employment, earnings at placement,

22  retention in employment, job placement, and entered employment

23  rate must be included among the performance outcome measures.

24  The resources of the University of Florida Bureau of Economics

25  and Business Research, the Department of Labor and Employment

26  Security, the Commission on Government Accountability to the

27  People, the Florida Education and Training Placement

28  Information Program, and the Occupational Forecasting

29  Conference, as well as any other relevant federal, state, or

30  private sources, may be consulted for assistance in

31  establishing standards and measures, for providing data

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  1  collection and ensuring data reliability, or for data

  2  evaluation and interpretation by the Workforce Development

  3  Board.

  4         1.  Appropriate measures for One-Stop Career Centers

  5  may include direct job placements at minimum wage, at a wage

  6  level established by the Occupational Forecasting Conference,

  7  and at a wage level above the level established by the

  8  Occupational Forecasting Conference.

  9         2.  Appropriate measures for the School-to-Work

10  component may include the number of students enrolling and

11  completing work-based programs including apprenticeship

12  programs, job placement rate, job retention rate, wage at

13  placement, and wage growth.

14         3.  Welfare-to-Work measures may include job placement

15  rate, job retention rate, wage at placement, wage growth,

16  reduction and elimination of reliance on public assistance,

17  and savings resulting from reduced reliance on public

18  assistance.

19         4.  High Skills/High Wage measures may include job

20  placement rate, job retention rate, wage at placement, and

21  wage growth.

22         (c)  A third tier of measures and standards shall be

23  the operational and output measures to be used by the agency

24  implementing programs, and it may be specific to federal

25  requirements. The tier three standards must be developed by

26  the agencies implementing programs, and the Workforce

27  Development Board may be consulted in this effort. Such

28  outputs must be reported to the board by the appropriate

29  implementing agency.

30         (d)  Regional differences must be reflective of the

31  establishment of performance goals and may include job

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  1  availability, unemployment rates, average worker wage, and

  2  available employable population. All performance goals must be

  3  derived from the goals, principles, and strategies established

  4  in the Workforce Florida Act of 1996.

  5         (e)  Job placement must be reported pursuant to s.

  6  229.8075. Positive outcomes for providers of education and

  7  training must be consistent with ss. 239.233 and 239.245.

  8         (f)  The uniform measures of success that are adopted

  9  by the Workforce Development Board or the regional workforce

10  development boards must be developed in a manner that provides

11  for an equitable comparison of the relative success or failure

12  of any service provider in terms of positive outcomes.

13         (g)  By October 15 of each year, the Workforce

14  Development Board must provide the Legislature with a report

15  detailing the performance of Florida's workforce development

16  system, as reflected in the three-tier measurement system.

17  Additionally, this report must benchmark Florida outcomes, at

18  all tiers, against other states that collect data similarly.

19         Section 3.  Section 446.601, Florida Statutes, is

20  transferred, renumbered as section 288.9951, Florida Statutes,

21  and amended to read:

22         288.9951 446.601  Short title; legislative intent.--

23         (1)  This section may be cited as the "Workforce

24  Florida Act of 1996."

25         (2)  The goal of this section is to utilize the

26  workforce development system to upgrade dramatically

27  Floridians' workplace skills, economically benefiting the

28  workforce, employers, and the state.

29         (3)  These principles should guide the state's efforts:

30         (a)  Floridians must upgrade their skills to succeed in

31  today's workplace.

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  1         (b)  In business, workforce skills are the key

  2  competitive advantage.

  3         (c)  Workforce skills will be Florida's key

  4  job-creating incentive for business.

  5         (d)  Budget cuts, efficiency, effectiveness, and

  6  accountability mandate the consolidation of program services

  7  and the elimination of unwarranted duplication.

  8         (e)  Streamlined state and local partnerships must

  9  focus on outcomes, not process.

10         (f)  Locally designed, customer-focused, market-driven

11  service delivery works best.

12         (g)  Job training curricula must be developed in

13  concert with the input and needs of existing employers and

14  businesses, and must consider the anticipated demand for

15  targeted job opportunities, as specified by the Occupational

16  Forecasting Conference under s. 216.136.

17         (h)  Job placement, job retention, and

18  return-on-investment should control workforce development

19  expenditures and be a part of the measure for success and

20  failure.

21         (i)  Success will be rewarded and failure will have

22  consequences.

23         (j)  Job placement success will be publicly measured

24  and reported to the Legislature.

25         (k)  Apprenticeship programs, pursuant to s. 446.011,

26  which provide a valuable opportunity for preparing citizens

27  for productive employment, will be encouraged.

28         (4)  The workforce development strategy shall be

29  designed by the Workforce Development Board Enterprise Florida

30  Jobs and Education Partnership pursuant to s. 288.99 s.

31  288.0475, and shall be centered around the four integrated

                                  17

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  1  strategic components of One-Stop Career Centers,

  2  School-to-Work, Welfare-to-Work, and High Skills/High Wage

  3  Jobs.

  4         (a)  One-Stop Career Centers are the state's initial

  5  customer-service contact strategy for offering every Floridian

  6  access, through service sites, telephone, or computer

  7  networks, to the following services:

  8         1.  Job search, referral, and placement assistance.

  9         2.  Career counseling and educational planning.

10         3.  Consumer reports on service providers.

11         4.  Recruitment and eligibility determination.

12         5.  Support services, including child care and

13  transportation.

14         6.  Employability skills training.

15         7.  Adult education and basic skills training.

16         8.  Technical training leading to a certification and

17  degree.

18         9.  Claim filing for unemployment compensation

19  services.

20         10.  Temporary income, health, nutritional, and housing

21  assistance.

22         11.  Child care and transportation assistance to gain

23  employment.

24         12.  Other appropriate and available workforce

25  development services.

26         (b)  School-to-Work is the state's youth and adult

27  workforce education strategy for coordinating business,

28  education, and the community to support students in achieving

29  long-term career goals, and for ensuring the workforce is

30  prepared with the academic and occupational skills required

31  for success.

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  1         (c)  Welfare-to-Work is the state's strategy for

  2  encouraging self-sufficiency and minimizing dependence upon

  3  public assistance by emphasizing job placement and transition

  4  support services for welfare recipients.

  5         (d)  High Skills/High Wage is the state's strategy for

  6  aligning education and training programs with the Occupational

  7  Forecasting Conference under s. 216.136, for meeting the job

  8  demands of the state's existing businesses, and for providing

  9  a ready workforce which is integral to the state's economic

10  development goal of attracting new and expanding businesses.

11         (5)  The workforce development system shall utilize a

12  charter process approach aimed at encouraging local design and

13  control of service delivery and targeted activities.  The

14  Workforce Development Board Enterprise Florida Jobs and

15  Education Partnership shall be responsible for granting

16  charters to regional workforce development boards which have a

17  membership consistent with the requirements of federal and

18  state law and which have developed a plan consistent with the

19  state's workforce development strategy and with the strategic

20  components of One-Stop Career Centers, School-to-Work,

21  Welfare-to-Work, and High Skills/High Wage. The plan shall

22  specify methods for allocating the resources and programs in a

23  manner that eliminates unwarranted duplication, minimizes

24  administrative costs, meets the existing job market demands

25  and the job market demands resulting from successful economic

26  development activities, ensures access to quality workforce

27  development services for all Floridians, and maximizes

28  successful outcomes.  As part of the charter process, the

29  Workforce Development Board Enterprise Florida Jobs and

30  Education Partnership shall establish incentives for effective

31  coordination of federal and state programs, outline rewards

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  1  for successful job placements, and institute collaborative

  2  approaches among local service providers.  Local

  3  decisionmaking and control shall be important components for

  4  inclusion in this charter application.

  5         Section 4.  Section 446.602, Florida Statutes, is

  6  transferred, renumbered as section 288.9952, Florida Statutes,

  7  and amended to read:

  8         288.9952 446.602  Regional workforce development

  9  boards.--

10         (1)  One regional workforce development board shall be

11  appointed in each designated service delivery area.  The

12  membership and responsibilities of the board shall be

13  consistent with Pub. L. No. 97-300, as amended.  The board

14  shall be appointed by the chief elected official or his or her

15  designee of the local county or city governing bodies or

16  consortiums of county and/or city governmental units that

17  exist through interlocal agreements and shall include:

18         (a)  At least 51 percent of the members of each board

19  being from the private sector and being chief executives,

20  chief operating officers, owners of business concerns, or

21  other private sector executives with substantial management or

22  policy responsibility.

23         (b)  Representatives of organized labor and

24  community-based organizations, who shall constitute not less

25  than 15 percent of the board members.

26         (c)  Representatives of educational agencies, including

27  presidents of local community colleges, superintendents of

28  local school districts, licensed private postsecondary

29  educational institutions participating in vocational education

30  and job training in the state and conducting programs on the

31  Occupational Forecasting Conference list or a list validated

                                  20

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  1  by the regional workforce development board; vocational

  2  rehabilitation agencies; economic development agencies; public

  3  assistance agencies; and public employment service.  One of

  4  the representatives from licensed private postsecondary

  5  educational institutions shall be from a degree-granting

  6  institution, and one from an institution offering certificate

  7  or diploma programs.  One of these members shall be a

  8  nonprofit, community-based organization which provides direct

  9  job training and placement services to hard-to-serve

10  individuals including the target population of people with

11  disabilities.

12

13  The current Private Industry Council may be restructured, by

14  local agreement, to meet the criteria for a regional workforce

15  development board.

16         (2)  In addition to the duties and functions specified

17  by the Workforce Development Board Enterprise Florida Jobs and

18  Education Partnership and by the interlocal agreement approved

19  by the local county or city governing bodies, the regional

20  workforce development board shall have the following

21  responsibilities:

22         (a)  Review, approve, and ratify the local Job Training

23  Partnership Act plan which also must be signed by the chief

24  elected officials.

25         (b)  Conclude agreements necessary to designate the

26  fiscal agent and administrative entity.

27         (c)  Complete assurances required for the Workforce

28  Development Board Enterprise Florida Jobs and Education

29  Partnership charter process and provide ongoing oversight

30  related to administrative costs, duplicated services, career

31

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  1  counseling, economic development, equal access, compliance and

  2  accountability, and performance outcomes.

  3         (3)  The Workforce Development Board Enterprise Florida

  4  Jobs and Education Partnership shall, by January 1, 1997,

  5  design and implement a training program for the regional

  6  workforce development boards to familiarize board members with

  7  the state's workforce development goals and strategies.

  8

  9  The regional workforce development board shall designate all

10  local service providers and shall not transfer this authority

11  to a third party.  In order to exercise independent oversight,

12  the regional workforce development board shall not be a direct

13  provider of intake, assessment, eligibility determinations, or

14  other direct provider services.

15         Section 5.  Section 446.603, Florida Statutes, is

16  transferred, renumbered as section 288.9953, Florida Statutes,

17  and amended to read:

18         288.9953 446.603  Untried Worker Placement and

19  Employment Incentive Act.--

20         (1)  This section may be cited as the "Untried Worker

21  Placement and Employment Incentive Act."

22         (2)  For purposes of this section, the term "untried

23  worker" means a person who is a hard-to-place participant in

24  the welfare-to-work programs of the Department of Labor and

25  Employment Security or the Department of Children and Family

26  Health and Rehabilitative Services because they have

27  limitations associated with the long-term receipt of welfare

28  and difficulty in sustaining employment.

29         (3)  The Department of Labor and Employment Security

30  and the Department of Children and Family Health and

31  Rehabilitative Services, working with the Workforce

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  1  Development Board Enterprise Florida Jobs and Education

  2  Partnership, shall develop five Untried Worker Placement and

  3  Employment Incentive pilot projects in at least five different

  4  counties.

  5         (4)  In these pilots, incentive payments will be made

  6  to for-profit or not-for-profit agents selected by the

  7  regional workforce development boards who successfully place

  8  untried workers in full-time employment for 6 months with an

  9  employer after the employee successfully completes a

10  probationary placement of no more than 6 months with that

11  employer.  Full-time employment that includes health care

12  benefits will receive an additional incentive payment.

13         (5)  The for-profit and not-for-profit agents shall

14  contract to provide services for no more than 1 year.

15  Contracts may be renewed upon successful review by the

16  contracting agent.

17         (6)  The Department of Labor and Employment Security

18  and the Department of Children and Family Health and

19  Rehabilitative Services, working with the Workforce

20  Development Board Enterprise Florida Jobs and Education

21  Partnership, shall develop an incentive schedule that costs

22  the state less per placement than the state's 12-month

23  expenditure on a welfare recipient.

24         (7)  During an untried worker's probationary placement,

25  the for-profit or not-for-profit agent shall be the employer

26  of record of that untried worker, and shall provide workers'

27  compensation and unemployment compensation coverage as

28  provided by law.  The business employing the untried worker

29  through the agent may be eligible to apply for any tax

30  credits, wage supplementation, wage subsidy, or employer

31  payment for that employee that are authorized in law or by

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  1  agreement with the employer.  After satisfactory completion of

  2  such a probationary period, an untried worker shall not be

  3  considered an untried worker.

  4         (8)  This section shall not be used for the purpose of

  5  displacing or replacing an employer's regular employees, and

  6  shall not interfere with executed collective bargaining

  7  agreements.  Untried workers shall be paid by the employer at

  8  the same rate as similarly situated and assessed workers in

  9  the same place of employment.

10         (9)  An employer that demonstrates a pattern of

11  unsuccessful placements shall be disqualified from

12  participation in these pilots because of poor return on the

13  public's investment.

14         (10)  The Department of Labor and Employment Security

15  and the Department of Children and Family Health and

16  Rehabilitative Services, working with the Workforce

17  Development Board Enterprise Florida Jobs and Education

18  Partnership, may offer to any employer that chooses to employ

19  untried workers such incentives and benefits that are

20  available and provided in law, as long as the long-term, cost

21  savings can be quantified with each such additional

22  inducement.

23         (11)  Unless otherwise reenacted, this section shall be

24  repealed on July 1, 1999.

25         Section 6.  Section 446.604, Florida Statutes, is

26  transferred, renumbered as section 288.9954, Florida Statutes,

27  and amended to read:

28         288.9954 446.604  One-Stop Career Centers.--

29         (1)  The Department of Management Services shall

30  coordinate among the agencies a plan for a One-Stop Career

31  Center Electronic Network made up of One-Stop Career Centers

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  1  that are operated by the Department of Labor and Employment

  2  Security, the Department of Children and Family Health and

  3  Rehabilitative Services, the Department of Education, and

  4  other authorized public or private for-profit or

  5  not-for-profit agents.  The plan shall identify resources

  6  within existing revenues to establish and support such

  7  electronic network for service delivery that includes the

  8  Florida Communities Network.

  9         (2)  The network shall assure that a uniform method is

10  used to determine eligibility for and management of services

11  provided by agencies that conduct workforce development

12  activities.  The Department of Management Services shall

13  develop strategies to allow access to the databases and

14  information management systems of the following systems in

15  order to link information in those databases with the One-Stop

16  Career Centers:

17         (a)  The Unemployment Compensation System of the

18  Department of Labor and Employment Security.

19         (b)  The Job Service System of the Department of Labor

20  and Employment Security.

21         (c)  The FLORIDA System and the components related to

22  Aid to Families with Dependent Children, food stamps, and

23  Medicaid eligibility.

24         (d)  The Workers' Compensation System of the Department

25  of Labor and Employment Security.

26         (e)  The Student Financial Assistance System of the

27  Department of Education.

28         (f)  Enrollment in the public postsecondary education

29  system.

30

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  1  The systems shall be fully coordinated at both the state and

  2  local levels by July 1, 1999.

  3         Section 7.  Section 446.605, Florida Statutes, is

  4  transferred, renumbered as section 288.9955, Florida Statutes,

  5  and amended to read:

  6         288.9955 446.605  Applicability of Workforce Florida

  7  Act of 1996.--Unless otherwise provided herein, the Workforce

  8  Florida Act of 1996 shall apply to the State Human Resource

  9  Investment Council and any regional workforce development

10  boards in existence on the effective date of such act.

11  Regional workforce development boards shall be reconstituted,

12  if necessary, to meet the requirements of the Workforce

13  Florida Act of 1996.  In addition, the Workforce Development

14  Board Enterprise Florida Jobs and Education Partnership shall

15  review each charter granted prior to the effective date of the

16  Workforce Florida Act of 1996 to assure its compliance with

17  the provisions of such act.

18         Section 8.  Section 446.606, Florida Statutes, is

19  transferred, renumbered as section 288.9956, Florida Statutes,

20  and amended to read:

21         288.9956 446.606  Designation of primary service

22  providers.--Designation of primary service providers shall not

23  be made until the regional workforce development boards have

24  been reconstituted in compliance with the Workforce Florida

25  Act of 1996.

26         Section 9.  Section 446.607, Florida Statutes, is

27  transferred, renumbered as section 288.9957, Florida Statutes,

28  and amended to read:

29         288.9957 446.607  Consultation, consolidation, and

30  coordination.--The Workforce Development Board Enterprise

31  Florida Jobs and Education Partnership and any state public

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  1  assistance policy board established pursuant to law shall

  2  consult with each other in developing each of their statewide

  3  implementation plans and strategies.  The regional workforce

  4  development boards and any local public assistance policy

  5  boards established pursuant to law may elect to consolidate

  6  into one board provided that the consolidated board membership

  7  complies with the requirements of Pub. L. No. 97-300, as

  8  amended, and with any other law delineating the membership

  9  requirements for either of the separate boards. The regional

10  workforce development boards and any respective local public

11  assistance policy board established pursuant to law shall

12  collaboratively coordinate, to the maximum extent possible,

13  the local services and activities provided by and through each

14  of these boards and their designated local service providers.

15         Section 10.  Subsection (5) of section 288.902, Florida

16  Statutes, is amended to read:

17         288.902  Enterprise Florida Nominating Council.--

18         (5)  Notwithstanding the provisions of ss. 288.901,

19  288.9412, 288.9512, and 288.9611, and 288.9620 regarding the

20  process of selecting nominees for a board, all nominations

21  shall be conducted in accordance with the provisions of this

22  section.  All statutory requirements of board members and all

23  statutory requirements regarding the composition of all boards

24  shall be considered and complied with throughout the

25  nominating process.

26         Section 11.  This act shall take effect upon becoming a

27  law.

28

29

30

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Consolidates provisions relating to workforce development
      into a single part of ch. 288, F.S.  Restates and revises
  4    the organization, powers, and duties of the Workforce
      Development Board within Enterprise Florida, Inc.
  5    Provides for appointment of its board of directors.
      Provides duties of that board of directors and of the
  6    board of directors of Enterprise Florida, Inc.

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