CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Kirkpatrick moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 93, between lines 7 and 8,

15

16  insert:

17         Section 28.  Sections 288.9950, 288.9951, 288.9952,

18  288.9953, 288.9954, 288.9955, 288.9956, 288.9957, 288.9958,

19  and 288.9959, Florida Statutes, are designated as part XI of

20  chapter 288, Florida Statutes, and the Division of Statutory

21  Revision is requested to designate that part "Workforce

22  Development."

23         Section 29.  Section 446.601, Florida Statutes, is

24  transferred, renumbered as section 288.9950, Florida Statutes,

25  and amended to read:

26         288.9950 446.601  Workforce Florida Act of 1996 Short

27  title; legislative intent.--

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

29  Florida Act of 1996."

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

31  workforce development system to upgrade dramatically

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Floridians' workplace skills, economically benefiting the

 2  workforce, employers, and the state.

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

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

 5  today's workplace.

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

 7  competitive advantage.

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

 9  job-creating incentive for business.

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

11  accountability mandate the consolidation of program services

12  and the elimination of unwarranted duplication.

13         (e)  Streamlined state and local partnerships must

14  focus on outcomes, not process.

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

16  service delivery works best.

17         (g)  Job training curricula must be developed in

18  concert with the input and needs of existing employers and

19  businesses, and must consider the anticipated demand for

20  targeted job opportunities, as specified by the Occupational

21  Forecasting Conference under s. 216.136.

22         (h)  Job placement, job retention, and

23  return-on-investment should control workforce development

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

25  failure.

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

27  consequences.

28         (j)  Job placement success will be publicly measured

29  and reported to the Legislature.

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

31  which provide a valuable opportunity for preparing citizens

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  for productive employment, will be encouraged.

 2         (l)  Self-employment and small business ownership will

 3  be options that each worker can pursue.

 4         (4)  The workforce development strategy shall be

 5  designed by the Workforce Development Board Enterprise Florida

 6  Jobs and Education Partnership pursuant to s. 288.9952 s.

 7  288.0475, and shall be centered around the strategies four

 8  integrated strategic components of First Jobs/First Wages

 9  One-Stop Career Centers, School-to-Work, Welfare-to-Work, and

10  High Skills/High Wages Wage Jobs.

11         (a)  First Jobs/First Wages is the state's strategy to

12  promote successful entry into the workforce through education

13  and workplace experience that lead to self-sufficency and

14  career advancement.  The components of the strategy include

15  efforts that enlist business, education, and community support

16  for students to achieve long-term career goals, ensuring that

17  young people have the academic and occupational skills

18  required to succeed in the workplace. The strategy also

19  includes the Work and Gain Economic Self-sufficency (WAGES)

20  effort that is the state's welfare-to-work program designed

21  and developed by the WAGES Program State Board of Directors.

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

23  customer-service contact strategy for offering every Floridian

24  access, through service sites, telephone, or computer

25  networks, to the following services:

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

27         2.  Career counseling and educational planning.

28         3.  Consumer reports on service providers.

29         4.  Recruitment and eligibility determination.

30         5.  Support services, including child care and

31  transportation.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         6.  Employability skills training.

 2         7.  Adult education and basic skills training.

 3         8.  Technical training leading to a certification and

 4  degree.

 5         9.  Claim filing for unemployment compensation

 6  services.

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

 8  assistance.

 9         11.  Child care and transportation assistance to gain

10  employment.

11         12.  Other appropriate and available workforce

12  development services.

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

14  workforce education strategy for coordinating business,

15  education, and the community to support students in achieving

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

17  prepared with the academic and occupational skills required

18  for success.

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

20  encouraging self-sufficiency and minimizing dependence upon

21  public assistance by emphasizing job placement and transition

22  support services for welfare recipients.

23         (b)(d)  High Skills/High Wages Wage is the state's

24  strategy for aligning education and training programs with

25  high-paying, high-demand occupations that advance individuals'

26  careers, build a more skilled workforce, and enhance Florida's

27  efforts to attract and expand job-creating business the

28  Occupational Forecasting Conference under s. 216.136, for

29  meeting the job demands of the state's existing businesses,

30  and for providing a ready workforce which is integral to the

31  state's economic development goal of attracting new and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  expanding businesses.

 2         (5)  The workforce development system shall utilize a

 3  charter process approach aimed at encouraging local design and

 4  control of service delivery and targeted activities.  The

 5  Workforce Development Board Enterprise Florida Jobs and

 6  Education Partnership shall be responsible for granting

 7  charters to regional workforce development boards that

 8  Regional Workforce Development Boards which have a membership

 9  consistent with the requirements of federal and state law and

10  that which have developed a plan consistent with the state's

11  workforce development strategy and with the strategic

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

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

14  specify methods for allocating the resources and programs in a

15  manner that eliminates unwarranted duplication, minimizes

16  administrative costs, meets the existing job market demands

17  and the job market demands resulting from successful economic

18  development activities, ensures access to quality workforce

19  development services for all Floridians, and maximizes

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

21  Workforce Development Board Enterprise Florida Jobs and

22  Education Partnership shall establish incentives for effective

23  coordination of federal and state programs, outline rewards

24  for successful job placements, and institute collaborative

25  approaches among local service providers.  Local

26  decisionmaking and control shall be important components for

27  inclusion in this charter application.

28         Section 30.  Section 446.604, Florida Statutes, is

29  transferred, renumbered as section 288.9951, Florida Statutes,

30  and amended to read:

31         288.9951 446.604  One-Stop Career Centers.--

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         (1)  One-Stop Career Centers comprise the state's

 2  initial customer-service delivery system for offering every

 3  Floridian access, through service sites or telephone or

 4  computer networks, to the following services:

 5         (a)  Job search, referral, and placement assistance.

 6         (b)  Career counseling and educational planning.

 7         (c)  Consumer reports on service providers.

 8         (d)  Recruitment and eligibility determination.

 9         (e)  Support services, including child care and

10  transportation assistance to gain employment.

11         (f)  Employability skills training.

12         (g)  Adult education and basic skills training.

13         (h)  Technical training leading to a certification and

14  degree.

15         (i)  Claim filing for unemployment compensation

16  services.

17         (j)  Temporary income, health, nutritional, and housing

18  assistance.

19         (k)  Other appropriate and available workforce

20  development services.

21         (2)  In addition to the mandatory partners identified

22  in Pub. L. No. 105-220, Food Stamp Employment and Training,

23  Food Stamp work programs, and WAGES/TANF programs shall

24  participate as partners in each One-Stop Career Center. Each

25  partner is prohibited from operating independently from a

26  One-Stop Career Center unless approved by the regional

27  workforce development board. Services provided by partners who

28  are not physically located in a One-Stop Career Center must be

29  approved by the regional workforce development board.

30         (3)  Subject to a process designed by the Workforce

31  Development Board, and in compliance with Pub. L. No. 105-220,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  regional workforce development boards shall designate One-Stop

 2  Career Center operators. A regional workforce development

 3  board may retain its current One-Stop Career Center operator

 4  without further procurement action where the board has

 5  established a One-Stop Career Center that has complied with

 6  federal and state law.

 7         (4)  Notwithstanding any other provision of law,

 8  effective July 1, 1999, regional workforce development boards

 9  shall assume responsibility for, and contract for the delivery

10  of, employment services authorized by Wagner-Peyser, except

11  that for fiscal year 1999-2000, the contract must be with the

12  Department of Labor and Employment Security. Contracts must be

13  performance-based, dedicating 15 percent of the funds to

14  performance payments. Performance payments shall be based on

15  performance measures developed by the Workforce Development

16  Board. Prior to the execution of a contract for employment

17  services with entities other than the Department of Labor and

18  Employment Security, the regional workforce development board

19  must develop a transition plan to be approved by the Workforce

20  Development Board. Such plan must include assurances, to be

21  affirmed by the Workforce Development Board through the

22  approval of the plan, that employment services will be

23  delivered in compliance with federal law.

24         (a)  The Workforce Development Board may direct the

25  Department of Labor and Employment Security to provide such

26  services and to assign or lease staff to the regional

27  workforce development boards' One-Stop Career Centers as are

28  necessary to maintain services and to comply with federal and

29  state workforce development requirements. Leased employees

30  from the department shall work under the management of a

31  One-Stop Career Center operator, but shall retain their state

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  employment status, including the right to participate in the

 2  Florida Retirement System and the State Group Insurance

 3  Program.

 4         (b)  Unless otherwise required by federal law, at least

 5  90 percent of the Wagner-Peyser funding must go into direct

 6  customer service costs.

 7         (c) Employment services must be provided through

 8  One-Stop Career Centers, and managed by One-Stop Career Center

 9  operators.

10         (d)  Career service employees of the Department of

11  Labor and Employment Security who are subject to layoff due to

12  the enactment of this act shall be given priority

13  consideration for employment by the regional workforce

14  development boards' One-Stop Career Center operators.

15         (5)  One-Stop Career Center partners identified in

16  subsection (2) shall enter into a Memorandum of Understanding

17  pursuant to Pub. L. No. 105-220, Title I, s. 121, with the

18  regional workforce development board. Failure of a local

19  partner to participate cannot unilaterally block the majority

20  of partners from moving forward with their One-Stop Career

21  Centers, and the Workforce Development Board, pursuant to s.

22  288.9952(4)(d), may recommend sanction of a local partner that

23  fails to participate.

24         (6)  To the maximum extent possible, core services, as

25  defined by Pub. L. No. 105-220, shall be provided

26  electronically, utilizing existing systems and public

27  libraries. To expand electronic capabilities, the Workforce

28  Development Board, working with regional workforce development

29  boards, shall develop a centralized help center to assist

30  regional workforce development boards in fulfilling core

31  services, minimizing the need for fixed-site One-Stop Career

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Centers.

 2         (7)  Intensive services and training provided pursuant

 3  to Pub. L. No. 105-220, shall be provided to individuals

 4  through Intensive Service Accounts and Individual Training

 5  Accounts. The Workforce Development Board shall develop, by

 6  July 1, 1999, an implementation plan, including identification

 7  of initially eligible training providers, transition

 8  guidelines, and criteria for use of these accounts. Individual

 9  Training Accounts must be compatible with Individual

10  Development Accounts for education allowed in federal and

11  state welfare reform statutes.

12         (8)(a)  Individual Training Accounts must be expended

13  on programs that prepare people to enter high-wage occupations

14  identified by the Occupational Forecasting Conference created

15  by s. 216.136, and on other programs as approved by the

16  Workforce Development Board.

17         (b)  For each approved training program, regional

18  workforce development boards, in consultation with training

19  providers, shall establish a fair-market purchase price to be

20  paid through an Individual Training Account. The purchase

21  price must be based on prevailing costs and reflect local

22  economic factors, program complexity, and program benefits,

23  including time to beginning of training and time to

24  completion. The price shall ensure the fair participation of

25  public and nonpublic postsecondary educational institutions as

26  authorized service providers and shall prohibit the use of

27  unlawful remuneration to the student in return for attending

28  an institution. Unlawful remuneration does not include student

29  financial assistance programs.

30         (c)  The Workforce Development Board shall review

31  Individual Training Account pricing schedules developed by

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  regional workforce development boards and present findings and

 2  recommendations for process improvement to the President of

 3  the Senate and the Speaker of the House of Representatives by

 4  January 1, 2000.

 5         (d)  To the maximum extent possible, training providers

 6  shall use funding sources other than the funding provided

 7  under Pub. L. No. 105-220. A performance outcome related to

 8  alternative financing obtained by the training provider shall

 9  be established by the Workforce Development Board and used for

10  performance evaluation purposes. The performance evaluation

11  must take into consideration the number of alternative funding

12  sources.

13         (e)  Training services provided through Individual

14  Training Accounts must be performance-based, with successful

15  job placement triggering full payment.

16         (f)  The accountability measures to be used in

17  documenting competencies acquired by the participant during

18  training shall be literacy completion points and occupational

19  completion points. Literacy completion points refers to the

20  academic or workforce readiness competencies that qualify a

21  person for further basic education, vocational education, or

22  for employment. Occupational completion points refers to the

23  vocational competencies that qualify a person to enter an

24  occupation that is linked to a vocational program.

25         (9)(a)(1)  The Department of Management Services,

26  working with the Workforce Development Board, shall coordinate

27  among the agencies a plan for a One-Stop Career Center

28  Electronic Network made up of One-Stop Career Centers that are

29  operated by the Department of Labor and Employment Security,

30  the Department of Health and Rehabilitative Services, the

31  Department of Education, and other authorized public or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  private for-profit or not-for-profit agents.  The plan shall

 2  identify resources within existing revenues to establish and

 3  support this such electronic network for service delivery that

 4  includes the Florida Communities Network.

 5         (b)(2)  The network shall assure that a uniform method

 6  is used to determine eligibility for and management of

 7  services provided by agencies that conduct workforce

 8  development activities.  The Department of Management Services

 9  shall develop strategies to allow access to the databases and

10  information management systems of the following systems in

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

12  Career Centers:

13         1.(a)  The Unemployment Compensation System of the

14  Department of Labor and Employment Security.

15         2.(b)  The Job Service System of the Department of

16  Labor and Employment Security.

17         3.(c)  The FLORIDA System and the components related to

18  WAGES Aid to Families with Dependent Children, food stamps,

19  and Medicaid eligibility.

20         4.(d)  The Workers' Compensation System of the

21  Department of Labor and Employment Security.

22         5.(e)  The Student Financial Assistance System of the

23  Department of Education.

24         6.(f)  Enrollment in the public postsecondary education

25  system.

26

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

28  local levels by January 1, 2000 July 1, 1999.

29         Section 31.  Section 288.9620, Florida Statutes, is

30  transferred, renumbered as section 288.9952, Florida Statutes,

31  and amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         (Substantial rewording of section. See

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

 3         288.9952  Workforce Development Board.--

 4         (1)  There is created within the not-for-profit

 5  corporate structure of Enterprise Florida, Inc., a

 6  not-for-profit public-private Workforce Development Board. The

 7  purpose of the Workforce Development Board is to design and

 8  implement strategies that help Floridians enter, remain in,

 9  and advance in the workplace, becoming more highly skilled and

10  successful, benefiting these Floridians, Florida businesses,

11  and the entire state.

12         (2)(a)  The Workforce Development Board shall be

13  governed by a 25-voting-member board of directors whose

14  membership and appointment must be consistent with Pub. L. No.

15  105-220, Title I, s. 111(b), and contain three representatives

16  of organized labor. Notwithstanding s. 114.05(f), the Governor

17  may appoint members of the current board to serve on the

18  reconstituted board as required by this section. By June 1,

19  1999, the Workforce Development Board will provide to the

20  Governor a transition plan to incorporate the changes required

21  by this act and Pub. L. No. 105-220, specifying the timeframe

22  and manner of changes to the board. This plan shall govern the

23  transition, unless otherwise notified by the Governor. The

24  importance of minority and gender representation shall be

25  considered when making appointments to the board.  Additional

26  members may be appointed when necessary to conform to the

27  requirements of Pub. L. No. 105-220.

28         (b)  The board of directors of the Workforce

29  Development Board shall be chaired by a board member

30  designated by the Governor pursuant to Pub. L. No. 105-220.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  must be appointed for four-year, staggered terms.

 2  Public-sector members appointed by the Governor must be

 3  appointed to 4-year terms. Members appointed by the Governor

 4  serve at the pleasure of the Governor.

 5         (d)  The Governor shall appoint members to the board of

 6  directors of the Workforce Development Board within 30 days

 7  after the receipt of nominations.

 8         (e)  A member of the board of directors of the

 9  Workforce Development Board may be removed by the Governor for

10  cause. Absence from three consecutive meetings results in

11  automatic removal. The chair of the Workforce Development

12  Board shall notify the Governor of such absences.

13         (3)(a)  The president of the Workforce Development

14  Board shall be hired by the president of Enterprise Florida,

15  Inc., and shall serve in the capacity of an executive director

16  and secretary of the Workforce Development Board.

17         (b)  The board of directors of the Workforce

18  Development Board shall meet at least quarterly and at other

19  times upon call of its chair.

20         (c)  A majority of the total current membership of the

21  board of directors of the Workforce Development Board

22  comprises a quorum of the board.

23         (d)  A majority of those voting is required to organize

24  and conduct the business of the Workforce Development Board,

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

26  Workforce Development Board is required to adopt or amend the

27  operational plan.

28         (e)  Except as delegated or authorized by the board of

29  directors of the Workforce Development Board, individual

30  members have no authority to control or direct the operations

31  of the Workforce Development Board or the actions of its

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  officers and employees, including the president.

 2         (f)  The board of directors of the Workforce

 3  Development Board may delegate to its president those powers

 4  and responsibilities it deems appropriate.

 5         (g)  Members of the board of directors of the Workforce

 6  Development Board and its committees shall serve without

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

 8  employees of the Workforce Development Board may be reimbursed

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

10  determined by the board of directors of Enterprise Florida,

11  Inc.

12         (h)  The board of directors of the Workforce

13  Development Board may establish an executive committee

14  consisting of the chair and at least two additional board

15  members selected by the board of directors. The executive

16  committee shall have such authority as the board of directors

17  of the Workforce Development Board delegates to it, except

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

19  committee authority to take action that requires approval by a

20  majority of the entire board of directors.

21         (i)  The board of directors of the Workforce

22  Development Board may appoint committees to fulfill its

23  responsibilities, to comply with federal requirements, or to

24  obtain technical assistance, and must incorporate members of

25  regional workforce development boards into its structure.

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

27  Workforce Development Board who is not otherwise required to

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

29  State Constitution or s. 112.3144 must file disclosure of

30  financial interests pursuant to s. 112.3145.

31         (4)  The Workforce Development Board shall have all the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  powers and authority, not explicitly prohibited by statute,

 2  necessary or convenient to carry out and effectuate the

 3  purposes as determined by statute, Pub. L. No. 105-220, and

 4  the Governor, as well as its functions, duties, and

 5  responsibilities, including, but not limited to, the

 6  following:

 7         (a)  Serving as the state's Workforce Investment Board

 8  pursuant to Pub. L. No. 105-220. Unless otherwise required by

 9  federal law, at least 90 percent of the workforce development

10  funding must go into direct customer service costs. Of the

11  allowable administrative overhead, appropriate amounts shall

12  be expended to procure independent job-placement evaluations.

13         (b)  Contracting with public and private entities as

14  necessary to further the directives of this section, except

15  that any contract made with an organization represented on the

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

17  board of directors of the Workforce Development Board must be

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

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

20  board member representing such organization shall abstain from

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

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

23  exclusive of grant programs, shall be made with an

24  organization represented on the board of directors of

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

26  Workforce Development Board. An organization represented on

27  the board of directors of the Workforce Development Board or

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

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

30  development incentive or similar grant unless such incentive

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  entire board of directors of the Workforce Development Board.

 2  The member of the board of directors of the Workforce

 3  Development Board representing such organization, if

 4  applicable, shall abstain from voting and refrain from

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

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

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

 8  members of the board of directors of the Workforce Development

 9  Board.

10         (c)  Providing an annual report to the board of

11  directors of Enterprise Florida, Inc., by November 1 that

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

13  its accounts and records conducted by an independent certified

14  public accountant and performed in accordance with rules

15  adopted by the Auditor General.

16         (d)  Notifying the Governor, the President of the

17  Senate, and the Speaker of the House of Representatives of

18  noncompliance by agencies or obstruction of the board's

19  efforts by agencies. For such actions, the board may recommend

20  sanctions to the Governor, the President of the Senate, and

21  the Speaker of House of Representatives, including but not

22  limited to: disqualification or suspension of an agency from

23  participation in workforce development programs; designating

24  an agency ineligible for workforce grants, awards, or funding;

25  and penalties. Through the Office of Planning and Budgeting,

26  the Office of the Governor shall enforce such sanctions as

27  approved by the Governor, the President of the Senate, and the

28  Speaker of the House of Representatives.

29         (e)  Ensuring that the state does not waste valuable

30  training resources. Thus, the board shall direct that all

31  resources, including equipment purchased for training

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Workforce Investment Act clients, be available for use at all

 2  times by eligible populations as first priority users. At

 3  times when eligible populations are not available, such

 4  resources shall be used for any other state authorized

 5  education and training purpose.

 6         (5)  Notwithstanding s. 216.351, to allow time for

 7  documenting program performance, funds allocated for the

 8  incentives in s. 239.249 must be carried forward to the next

 9  fiscal year and must be awarded for the current year's

10  performance, unless federal law requires the funds to revert

11  at the year's end.

12         (6)  The Workforce Development Board may take action

13  that it deems necessary to achieve the purposes of this

14  section and consistent with the policies of the board of

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

16  private enterprises, public agencies, and other organizations.

17  The Workforce Development Board shall advise and make

18  recommendations to the board of directors of Enterprise

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

20  State Board of Education and the Legislature concerning action

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

22  social and economic resources:

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

24  that ensures that programs to prepare workers are responsive

25  to present and future business and industry needs and

26  complement the initiatives of Enterprise Florida, Inc.

27         (b)  A funding system that provides incentives to

28  improve the outcomes of vocational education programs, and of

29  registered apprenticeship and work-based learning programs,

30  and that focuses resources on occupations related to new or

31  emerging industries that add greatly to the value of the

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  state's economy.

 2         (c)  A comprehensive approach to the education and

 3  training of target populations such as those who have

 4  disabilities, are economically disadvantaged, receive public

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

 6  workers. This approach should ensure the effective use of

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

 8  need for public assistance.

 9         (d)  The designation of Institutes of Applied

10  Technology composed of public and private postsecondary

11  institutions working together with business and industry to

12  ensure that technical and vocational education programs use

13  the most advanced technology and instructional methods

14  available and respond to the changing needs of business and

15  industry. Of the funds reserved for activities of the

16  Workforce Investment Act at the state level, $500,000 shall be

17  reserved for an institute of applied technology in

18  construction excellence, which shall be a demonstration

19  project on the development of such institutes. The institute,

20  once established, shall contract with the Workforce

21  Development Board to provide a coordinated approach to

22  workforce development in this industry.

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

24  supply and demand using the results of the Occupational

25  Forecasting Conference created in s. 216.136 and the career

26  education performance standards identified under s. 239.233.

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

28  that are responsible for economic development, education,

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

30  of the return on investment of these programs.

31         (7)  By December 1 of each year, Enterprise Florida,

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





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

 2  Senate, the Speaker of the House of Representatives, the

 3  Senate Minority Leader, and the House Minority Leader a

 4  complete and detailed report by the Workforce Development

 5  Board setting forth:

 6         (a)  The audit in subsection (8), if conducted.

 7         (b)  The operations and accomplishments of the

 8  partnership including the programs or entities listed in

 9  subsection (6).

10         (8)  The Auditor General may, pursuant to his or her

11  own authority or at the direction of the Legislative Auditing

12  Committee, conduct an audit of the Workforce Development Board

13  or the programs or entities created by the Workforce

14  Development Board.

15         (9)  The Workforce Development Board, in collaboration

16  with the regional workforce development boards and appropriate

17  state agencies and local public and private service providers,

18  and in consultation with the Office of Program Policy Analysis

19  and Government Accountability, shall establish uniform

20  measures and standards to gauge the performance of the

21  workforce development strategy. These measures and standards

22  must be organized into three outcome tiers.

23         (a)  The first tier of measures must be organized to

24  provide benchmarks for system-wide outcomes. The Workforce

25  Development Board must, in collaboration with the Office of

26  Program Policy Analysis and Government Accountability,

27  establish goals for the tier-one outcomes. System-wide

28  outcomes may include employment in occupations demonstrating

29  continued growth in wages; continued employment after 3, 6,

30  12, and 24 months; reduction in and elimination of public

31  assistance reliance; job placement; employer satisfaction; and

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  positive return on investment of public resources.

 2         (b)  The second tier of measures must be organized to

 3  provide a set of benchmark outcomes for One-Stop Career

 4  Centers and each of the strategic components of the workforce

 5  development strategy. A set of standards and measures must be

 6  developed for One-Stop Career Centers, youth employment

 7  activities, WAGES, and High Skills/High Wages, targeting the

 8  specific goals of each particular strategic component. Cost

 9  per entered employment, earnings at placement, retention in

10  employment, job placement, and entered employment rate must be

11  included among the performance outcome measures.

12         1.  Appropriate measures for One-Stop Career Centers

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

14  level established by the Occupational Forecasting Conference,

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

16  Occupational Forecasting Conference.

17         2.  Appropriate measures for youth employment

18  activities may include the number of students enrolling in and

19  completing work-based programs, including apprenticeship

20  programs; job placement rate; job retention rate; wage at

21  placement; and wage growth.

22         3.  WAGES measures may include job placement rate, job

23  retention rate, wage at placement, wage growth, reduction and

24  elimination of reliance on public assistance, and savings

25  resulting from reduced reliance on public assistance.

26         4.  High Skills/High Wages measures may include job

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

28  wage growth.

29         (c)  The third tier of measures must be the operational

30  output measures to be used by the agency implementing

31  programs, and it may be specific to federal requirements. The

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  tier-three measures must be developed by the agencies

 2  implementing programs, and the Workforce Development Board may

 3  be consulted in this effort. Such measures must be reported to

 4  the Workforce Development Board by the appropriate

 5  implementing agency.

 6         (d)  Regional differences must be reflected in the

 7  establishment of performance goals and may include job

 8  availability, unemployment rates, average worker wage, and

 9  available employable population. All performance goals must be

10  derived from the goals, principles, and strategies established

11  in the Workforce Florida Act of 1996.

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

13  229.8075. Positive outcomes for providers of education and

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

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

16  by the Workforce Development Board or the regional workforce

17  development boards must be developed in a manner that provides

18  for an equitable comparison of the relative success or failure

19  of any service provider in terms of positive outcomes.

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

21  Development Board shall provide the Legislature with a report

22  detailing the performance of Florida's workforce development

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

24  Additionally, this report must benchmark Florida outcomes, at

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

26         Section 32.  Section 446.602, Florida Statutes, is

27  transferred, renumbered as section 288.9953, Florida Statutes,

28  and amended to read:

29         288.9953 446.602  Regional Workforce Development

30  Boards.--

31         (1)  One regional workforce development board Regional

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Workforce Development Board shall be appointed in each

 2  designated service delivery area and shall serve as the local

 3  workforce investment board pursuant to Pub. L. No. 105-220.

 4  The membership and responsibilities of the board shall be

 5  consistent with Pub. L. No. 105-220, Title I, s. 117(b), and

 6  contain three representatives of organized labor. A member of

 7  a regional workforce development board may not vote on a

 8  matter under consideration by the board regarding the

 9  provision of services by such member, or by an entity that

10  such member represents; vote on a matter that would provide

11  direct financial benefit to such member or the immediate

12  family of such member; or engage in any other activity

13  determined by the Governor to constitute a conflict of

14  interest as specified in the state plan. 97-300, as amended.

15  The board shall be appointed by the chief elected official or

16  his or her designee of the local county or city governing

17  bodies or consortiums of county and/or city governmental units

18  that exist through interlocal agreements and shall include:

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

20  being from the private sector and being chief executives,

21  chief operating officers, owners of business concerns, or

22  other private sector executives with substantial management or

23  policy responsibility.

24         (b)  Representatives of organized labor and

25  community-based organizations, who shall constitute not less

26  than 15 percent of the board members.

27         (c)  Representatives of educational agencies, including

28  presidents of local community colleges, superintendents of

29  local school districts, licensed private postsecondary

30  educational institutions participating in vocational education

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Occupational Forecasting Conference list or a list validated

 2  by the Regional Workforce Development Board; vocational

 3  rehabilitation agencies; economic development agencies; public

 4  assistance agencies; and public employment service.  One of

 5  the representatives from licensed private postsecondary

 6  educational institutions shall be from a degree-granting

 7  institution, and one from an institution offering certificate

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

 9  nonprofit, community-based organization which provides direct

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

11  individuals including the target population of people with

12  disabilities.

13

14  The current Private Industry Council may be restructured, by

15  local agreement, to meet the criteria for a Regional Workforce

16  Development Board.

17         (2)  The Workforce Development Board will determine the

18  timeframe and manner of changes to the regional workforce

19  development boards as required by this act and Pub. L. No.

20  105-220.

21         (3)  The Workforce Development Board shall assign staff

22  to meet with each regional workforce development board

23  annually to review the board's performance and to certify that

24  the board is in compliance with applicable state and federal

25  law.

26         (4)(2)  In addition to the duties and functions

27  specified by the Workforce Development Board Enterprise

28  Florida Jobs and Education Partnership and by the interlocal

29  agreement approved by the local county or city governing

30  bodies, the regional workforce development board Regional

31  Workforce Development Board shall have the following

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  responsibilities:

 2         (a)  Develop, submit, ratify, or amend Review, approve,

 3  and ratify the local Job Training Partnership Act plan

 4  pursuant to Pub. L. No. 105-220, Title I, s. 118 which also

 5  must be signed by the chief elected officials.

 6         (b)  Conclude agreements necessary to designate the

 7  fiscal agent and administrative entity.

 8         (c)  Complete assurances required for the Workforce

 9  Development Board Enterprise Florida Jobs and Education

10  Partnership charter process and provide ongoing oversight

11  related to administrative costs, duplicated services, career

12  counseling, economic development, equal access, compliance and

13  accountability, and performance outcomes.

14         (d)  Oversee One-Stop Career Centers in its local area.

15         (5)(3)  The Workforce Development Board Enterprise

16  Florida Jobs and Education Partnership shall, by January 1,

17  1997, design and implement a training program for the regional

18  workforce development boards Regional Workforce Development

19  Boards to familiarize board members with the state's workforce

20  development goals and strategies.

21

22  The regional workforce development board Regional Workforce

23  Development Board shall designate all local service providers

24  and shall not transfer this authority to a third party.  In

25  order to exercise independent oversight, the regional

26  workforce development board Regional Workforce Development

27  Board shall not be a direct provider of intake, assessment,

28  eligibility determinations, or other direct provider services.

29         (6)  Regional workforce development boards may appoint

30  local committees to obtain technical assistance on issues of

31  importance, including those issues affecting older workers.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         (7)  Each regional workforce development board shall

 2  establish a high skills/high wages committee consisting of

 3  five private-sector business representatives, including the

 4  regional workforce development board chair; the presidents of

 5  all community colleges within the board's region; those

 6  district school superintendents with authority for conducting

 7  postsecondary educational programs within the region; and a

 8  representative from a nonpublic postsecondary educational

 9  institution that is an authorized individual training account

10  provider within the region. The business representatives other

11  than the board chair need not be members of the regional

12  workforce development board.

13         (a)  During fiscal year 1999-2000, each high

14  skills/high wages committee shall submit, quarterly,

15  recommendations to the Workforce Development Board related to:

16         1.  Policies to enhance the responsiveness of high

17  skills/high wages programs in its region to business and

18  economic development opportunities.

19         2.  Integrated use of state education and federal

20  workforce development funds to enhance the training and

21  placement of designated population individuals with local

22  businesses and industries.

23         (b)  After fiscal year 1999-2000, the Workforce

24  Development Board has the discretion to decrease the frequency

25  of reporting by the high skills/high wages committees, but the

26  committees shall meet and submit any recommendations at least

27  annually.

28         (c)  Annually, the Workforce Development Board shall

29  compile all the recommendations of the high skills/high wages

30  committees, research their feasibility, and make

31  recommendations to the Governor, the President of the Senate,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  and the Speaker of the House of Representatives.

 2         Section 33.  Section 446.607, Florida Statutes, is

 3  transferred, renumbered as section 288.9954, Florida Statutes,

 4  and amended to read:

 5         288.9954 446.607  Consultation, consolidation, and

 6  coordination.--The Workforce Development Board Enterprise

 7  Florida Jobs and Education Partnership and the WAGES Program

 8  State Board of Directors any state public assistance policy

 9  board established pursuant to law shall consult with each

10  other in developing each of their statewide implementation

11  plans and strategies. The regional workforce development

12  boards Regional Workforce Development Boards and local WAGES

13  coalitions any local public assistance policy boards

14  established pursuant to law may elect to consolidate into one

15  board provided that the consolidated board membership complies

16  with the requirements of Pub. L. No. 105-220, Title I, s.

17  117(b) 97-300, as amended, and with any other law delineating

18  the membership requirements for either of the separate boards.

19  The regional workforce development boards Regional Workforce

20  Development Boards and local WAGES coalitions any respective

21  local public assistance policy board established pursuant to

22  law shall collaboratively coordinate, to the maximum extent

23  possible, the local services and activities provided by and

24  through each of these boards and coalitions and their

25  designated local service providers.

26         Section 34.  Section 446.603, Florida Statutes, is

27  transferred, renumbered as section 288.9955, Florida Statutes,

28  and amended to read:

29         288.9955 446.603  Untried Worker Placement and

30  Employment Incentive Act.--

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

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Placement and Employment Incentive Act."

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

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

 4  the Work and Gain Economic Self-sufficiency Program (WAGES)

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

 6  Employment Security or the Department of Health and

 7  Rehabilitative Services because he or she has they have

 8  limitations associated with the long-term receipt of welfare

 9  and difficulty in sustaining employment, particularly because

10  of physical or mental disabilities.

11         (3)  The Department of Labor and Employment Security

12  and the Department of Health and Rehabilitative Services,

13  working with the Enterprise Florida Jobs and Education

14  Partnership, shall develop five Untried Worker Placement and

15  Employment Incentive pilot projects in at least five different

16  counties.

17         (3)(4)  Incentive In these pilots, incentive payments

18  may will be made to for-profit or not-for-profit agents

19  selected by local WAGES coalitions the Regional Workforce

20  Development Boards who successfully place untried workers in

21  full-time employment for 6 months with an employer after the

22  employee successfully completes a probationary placement of no

23  more than 6 months with that employer.  Full-time employment

24  that includes health care benefits will receive an additional

25  incentive payment.

26         (4)(5)  The for-profit and not-for-profit agents shall

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

28  Contracts may be renewed upon successful review by the

29  contracting agent.

30         (5)(6)  Incentives must be paid according to the The

31  Department of Labor and Employment Security and the Department

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  of Health and Rehabilitative Services, working with the

 2  Enterprise Florida Jobs and Education Partnership, shall

 3  develop an incentive schedule developed by the Department of

 4  Labor and Employment Security and the Department of Children

 5  and Family Services which that costs the state less per

 6  placement than the state's 12-month expenditure on a welfare

 7  recipient.

 8         (6)(7)  During an untried worker's probationary

 9  placement, the for-profit or not-for-profit agent shall be the

10  employer of record of that untried worker, and shall provide

11  workers' compensation and unemployment compensation coverage

12  as provided by law.  The business employing the untried worker

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

14  credits, wage supplementation, wage subsidy, or employer

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

16  agreement with the employer.  After satisfactory completion of

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

18  considered an untried worker.

19         (7)(8)  This section shall not be used for the purpose

20  of displacing or replacing an employer's regular employees,

21  and shall not interfere with executed collective bargaining

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

23  the same rate as similarly situated and assessed workers in

24  the same place of employment.

25         (8)(9)  An employer that demonstrates a pattern of

26  unsuccessful placements shall be disqualified from

27  participation in these pilots because of poor return on the

28  public's investment.

29         (9)(10)  The Department of Labor and Employment

30  Security and the Department of Health and Rehabilitative

31  Services, working with the Enterprise Florida Jobs and

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Education Partnership, may offer to Any employer that chooses

 2  to employ untried workers is eligible to receive such

 3  incentives and benefits that are available and provided in

 4  law, as long as the long-term, cost savings can be quantified

 5  with each such additional inducement.

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

 7  repealed on July 1, 1999.

 8         Section 35.  Section 288.9956, Florida Statutes, is

 9  created to read:

10         288.9956  Implementation of the federal Workforce

11  Investment Act of 1998.--

12         (1)  WORKFORCE INVESTMENT ACT PRINCIPLES.--The state's

13  approach to implementing the federal Workforce Investment Act

14  of 1998, Pub. L. No. 105-220, should have six elements:

15         (a)  Streamlining Services--Florida's employment and

16  training programs must be coordinated and consolidated at

17  locally managed One-Stop Career Centers.

18         (b)  Empowering Individuals--Eligible participants will

19  make informed decisions, choosing the qualified training

20  program that best meets their needs.

21         (c)  Universal Access--Through One-Stop Career Centers,

22  every Floridian will have access to employment services.

23         (d)  Increased Accountability--The state, localities,

24  and training providers will be held accountable for their

25  performance.

26         (e)  Local Board and Private Sector Leadership--Local

27  boards will focus on strategic planning, policy development,

28  and oversight of the local system, choosing local managers to

29  direct the operational details of their One-Stop Career

30  Centers.

31         (f)  Local Flexibility and Integration--Localities will

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  have exceptional flexibility to build on existing reforms.

 2  Unified planning will free local groups from conflicting

 3  micro-management, while waivers and WorkFlex will allow local

 4  innovations.

 5         (2)  FIVE-YEAR PLAN.--The Workforce Development Board

 6  shall prepare and submit a 5-year plan, which includes

 7  secondary vocational education, to fulfill the early

 8  implementation requirements of Pub. L. No. 105-220 and

 9  applicable state statutes. Mandatory federal partners and

10  optional federal partners, including the WAGES Program State

11  Board of Directors, shall be fully involved in designing the

12  plan's One-Stop Career Center system strategy. The plan shall

13  detail a process to clearly define each program's statewide

14  duties and role relating to the system. Any optional federal

15  partner may immediately choose to fully integrate its

16  program's plan with this plan, which shall, notwithstanding

17  any other state provisions, fulfill all their state planning

18  and reporting requirements as they relate to One-Stop Career

19  Centers. The plan shall detail a process that would fully

20  integrate all federally mandated and optional partners by the

21  second year of the plan. All optional federal program partners

22  in the planning process shall be mandatory participants in the

23  second year of the plan.

24         (3)  FUNDING.--

25         (a)  Title I, Workforce Investment Act of 1998 funds;

26  Wagner-Peyser funds; and NAFTA/Trade Act funds will be

27  expended based on the Workforce Development Board's 5-year

28  plan. The plan shall outline and direct the method used to

29  administer and coordinate various funds and programs that are

30  operated by various agencies. The following provisions shall

31  also apply to these funds:

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         1.  At least 50 percent of the Title I funds for Adults

 2  and Dislocated Workers that are passed through to regional

 3  workforce development boards shall be allocated to Individual

 4  Training Accounts unless a regional workforce development

 5  board obtains a waiver from the Workforce Development Board.

 6  Tuition, fees, and performance-based incentive awards paid in

 7  compliance with Florida's Performance-Based Incentive Fund

 8  Program qualify as an Individual Training Account expenditure,

 9  as do other programs developed by regional workforce

10  development boards in compliance with the Workforce

11  Development Board's policies.

12         2.  Twenty-five percent of Wagner-Peyser funds shall be

13  allocated to Intensive Services Accounts unless a regional

14  workforce development board obtains a waiver from the

15  Workforce Development Board. Except where prohibited by

16  federal law, or approved by the Workforce Development Board,

17  all core services provided pursuant to Pub. L. No. 105-220

18  shall be funded using Wagner-Peyser funds.

19         3.  Fifteen percent of Title I funding shall be

20  retained at the state level and shall be dedicated to state

21  administration and used to design, develop, induce, and fund

22  innovative Individual Training Account pilots, demonstrations,

23  and programs. Eligible state administration costs include the

24  costs of: funding of the Workforce Development Board and

25  Workforce Development Board's staff; operating fiscal,

26  compliance, and management accountability systems through the

27  Workforce Development Board; conducting evaluation and

28  research on workforce development activities; and providing

29  technical and capacity building assistance to regions at the

30  direction of the Workforce Development Board. Notwithstanding

31  s. 288.9952, such administrative costs shall not exceed 25

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  percent of these funds. Seventy percent of these funds shall

 2  be allocated to Individual Training Accounts for: the Minority

 3  Teacher Education Scholars program, the Certified Teacher-Aide

 4  program, the Self-Employment Institute, and other Individual

 5  Training Accounts designed and tailored by the Workforce

 6  Development Board, including, but not limited to, programs for

 7  incumbent workers, displaced homemakers, nontraditional

 8  employment, empowerment zones, and enterprise zones. The

 9  Workforce Development Board shall design, adopt, and fund

10  Individual Training Accounts for distressed urban and rural

11  communities. The remaining 5 percent shall be reserved for the

12  Incumbent Worker Training Program.

13         4.  The Incumbent Worker Training Program is created

14  for the purpose of providing grant funding for continuing

15  education and training of incumbent employees at existing

16  Florida businesses. The program will provide reimbursement

17  grants to businesses that pay for preapproved, direct,

18  training-related costs.

19         a.  The Incumbent Worker Training Program will be

20  administered by a private business organization, known as the

21  grant administrator, under contract with the Workforce

22  Development Board.

23         b.  To be eligible for the program's grant funding, a

24  business must have been in operation in Florida for a minimum

25  of 1 year prior to the application for grant funding; have at

26  least one full-time employee; demonstrate financial viability;

27  and be current on all state tax obligations. Priority for

28  funding shall be given to businesses with 25 employees or

29  fewer, businesses in rural areas, businesses in distressed

30  inner-city areas, or businesses whose grant proposals

31  represent a significant upgrade in employee skills.

                                  32
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         c.  All costs reimbursed by the program must be

 2  preapproved by the grant administrator. The program will not

 3  reimburse businesses for trainee wages, the purchase of

 4  capital equipment, or the purchase of any item or service that

 5  may possibly be used outside the training project. A business

 6  approved for a grant may be reimbursed for preapproved,

 7  direct, training-related costs including tuition and fees;

 8  books and classroom materials; and administrative costs not to

 9  exceed 5 percent of the grant amount.

10         d.  A business that is selected to receive grant

11  funding must provide a matching contribution to the training

12  project, including but not limited to, wages paid to trainees

13  or the purchase of capital equipment used in the training

14  project; must sign an agreement with the grant administrator

15  to complete the training project as proposed in the

16  application; must keep accurate records of the project's

17  implementation process; and must submit monthly or quarterly

18  reimbursement requests with required documentation.

19         e.  All Incumbent Worker Training Program grant

20  projects shall be performance-based with specific measurable

21  performance outcomes, including completion of the training

22  project and job retention. The grant administrator shall

23  withhold the final payment to the grantee until a final grant

24  report is submitted and all performance criteria specified in

25  the grant contract have been achieved.

26         f.  The Workforce Development Board is authorized to

27  establish guidelines necessary to implement the Incumbent

28  Worker Training Program.

29         g.  No more than 10 percent of the Incumbent Worker

30  Training Program's appropriation may be used for

31  administrative purposes.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         h.  The grant administrator is required to submit a

 2  report to the Workforce Development Board and the Legislature

 3  on the financial and general operations of the Incumbent

 4  Worker Training Program. Such report will be due before

 5  December 1 of any fiscal year for which the program is funded

 6  by the Legislature.

 7         5.  At least 50 percent of Rapid Response funding shall

 8  be dedicated to Intensive Services Accounts and Individual

 9  Training Accounts for dislocated workers and incumbent workers

10  who are at risk of dislocation. The Workforce Development

11  Board shall also maintain an Emergency Preparedness Fund from

12  Rapid Response funds which will immediately issue Intensive

13  Service Accounts and Individual Training Accounts as well as

14  other federally authorized assistance to eligible victims of

15  natural or other disasters. The state shall retain a limited

16  reserve of Rapid Response funds for rapid response activities

17  at the state level. All Rapid Response funds must be expended

18  based on a plan developed by the Workforce Development Board.

19         (b)  The administrative entity for Title I, Workforce

20  Investment Act of 1998 funds, Wagner Peyser, and Rapid

21  Response activities, will be determined by the Workforce

22  Development Board.  The administrative entity will provide

23  services through a contractual agreement with the Workforce

24  Development Board. The terms and conditions of the agreement

25  may include, but are not limited to, the following:

26         1.  All policy direction to regional workforce

27  development boards regarding Title I programs, Wagner Peyser,

28  and Rapid Response activities shall emanate from the Workforce

29  Development Board.

30         2.  Any policies by a state agency acting as an

31  administrative entity which may materially impact local

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  workforce boards, local governments, or educational

 2  institutions must be promulgated under chapter 120.

 3         3.  The administrative entity will operate under a

 4  procedures manual, approved by the Workforce Development

 5  Board, addressing: financial services including cash

 6  management, accounting, and auditing; procurement; management

 7  information system services; and federal and state compliance

 8  monitoring, including quality control.

 9         4.  State Career Service employees in the Department of

10  Labor and Employment Security may be leased or assigned to the

11  administrative entity to provide administrative and

12  professional functions.

13         (4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED

14  MODIFICATIONS.--

15         (a)  The Workforce Development Board may provide

16  indemnification from audit liabilities to regional workforce

17  development boards that act in full compliance with state law

18  and the board's policies.

19         (b)  The Workforce Development Board may negotiate and

20  settle all outstanding issues with the U.S. Department of

21  Labor relating to decisions made by the Workforce Development

22  Board and the Legislature with regard to the Job Training

23  Partnership Act, making settlements and closing out all JTPA

24  program year grants before the repeal of the act June 30,

25  2000.

26         (c)  The Workforce Development Board may make

27  modifications to the state's plan, policies, and procedures to

28  comply with federally mandated requirements that in its

29  judgment must be complied with to maintain funding provided

30  pursuant to Pub. L. No. 105-220. The board shall notify in

31  writing the Governor, the President of the Senate, and the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Speaker of the House of Representatives within 30 days of any

 2  such changes or modifications.

 3         (5)  The Department of Labor and Employment Security

 4  shall phase-down JTPA duties before the federal program is

 5  abolished July 1, 2000.  Outstanding accounts and issues shall

 6  be promptly closed out after this date.

 7         (6)  LONG-TERM CONSOLIDATION OF WORKFORCE

 8  DEVELOPMENT.--

 9         (a)  The Workforce Development Board may recommend

10  workforce-related divisions, bureaus, units, programs, duties,

11  commissions, boards, and councils that can be eliminated,

12  consolidated, or privatized.

13         (b)  By December 31, 1999, the Office of Program Policy

14  Analysis and Government Accountability shall review the

15  workforce development system, identifying divisions, bureaus,

16  units, programs, duties, commissions, boards, and councils

17  that could be eliminated, consolidated, or privatized. The

18  office shall submit preliminary findings by December 31, 1999,

19  and its final report and recommendations by January 31, 2000,

20  to the President of the Senate and the Speaker of the House of

21  Representatives.  As part of the report, the Office of Program

22  Policy Analysis and Government Accountability shall

23  specifically identify, by funding stream, indirect,

24  administrative, management information system, and overhead

25  costs of the Department of Labor and Employment Security.

26         (7)  TERMINATION OF STATE SET-ASIDE.--The Department of

27  Education and the Department of Elderly Affairs shall keep any

28  unexpended JTPA Section 123 (Education Coordination) or JTPA

29  IIA (Services for Older Adults) funds to closeout their

30  education and coordination activities. The Workforce

31  Development Board shall develop guidelines under which the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  departments may negotiate with the regional workforce

 2  development boards to provide continuation of activities and

 3  services currently conducted with the JTPA Section 123 or JTPA

 4  IIA funds.

 5         Section 36.  Section 288.9957, Florida Statutes, is

 6  created to read:

 7         288.9957  Florida Youth Workforce Council.--

 8         (1)  The chairman of the Workforce Development Board

 9  shall designate the Florida Youth Workforce Council from

10  representatives of distressed inner-city and rural communities

11  who have demonstrated experience working with at-risk youth,

12  and representatives of public and private groups, including,

13  but not limited to, School-to-Work Advisory Councils, the

14  National Guard, Childrens' Services Councils, Juvenile Welfare

15  Boards, the Apprenticeship Council, Juvenile Justice Advisory

16  Boards, and other federal and state programs that target

17  youth, to advise the board on youth programs and to implement

18  Workforce Development Board strategies for young people.

19         (2)  The Florida Youth Workforce Council shall oversee

20  the development of regional youth workforce councils, as a

21  subgroup of each regional workforce development board, which

22  will be responsible for developing required local plans

23  relating to youth, recommending providers of youth activities

24  to be awarded grants by the regional workforce development

25  board, conducting oversight of these providers, and

26  coordinating youth activities in the region.

27         (3)  Resources awarded to regions for youth activities

28  shall fund community activities including the Minority Teacher

29  Education Scholars program, the Certified Teacher-Aide

30  program, and the "About Face" program of the Department of

31  Military Affairs, as well as other programs designed and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  tailored by the regional youth workforce council and regional

 2  workforce development board.

 3         (4)  Regional youth workforce councils must leverage

 4  other program funds in order to enlist youth workforce program

 5  stakeholders in their community in upgrading each

 6  stakeholder's effectiveness through collaborative planning,

 7  implementation, and funding.

 8         (5)  The Florida Youth Workforce Council shall report

 9  annually by December 1 to the Workforce Development Board the

10  total aggregate funding impact of this effort, including the

11  inventory of collaborative funding partners in each region and

12  their contributions.

13         (6)  Ten percent of youth funds allocated under Pub. L.

14  No. 105-220 to the regional workforce development boards shall

15  be used to leverage public schools' dropout-prevention funds

16  through performance payments for outcomes specified by the

17  Workforce Development Board.

18         Section 37.  Section 288.9958, Florida Statutes, is

19  created to read:

20         288.9958  Employment, Occupation, and Performance

21  Information Coordinating Committee.--

22         (1)  By July 15, 1999, the chairman of the Workforce

23  Development Board shall appoint an Employment, Occupation, and

24  Performance Information Coordinating Committee, which shall

25  assemble all employment, occupational, and performance

26  information from workforce development partners into a single

27  integrated informational system. The committee shall include

28  representatives from the Bureau of Labor Market and

29  Performance Information, Florida Education and Training

30  Placement Information Program, and the State Occupational

31  Forecasting Conference, as well as other public or private

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  members with information expertise.

 2         (2)  The committee shall initially focus on the timely

 3  provision of data necessary for planning, consumer reports,

 4  and performance accountability reports necessary for the

 5  selection of training service providers, as well as state and

 6  local board program assessment, completing these tasks no

 7  later than October 1, 1999.

 8         (3)  By December 1, 1999, the committee shall establish

 9  outcome measures that enable an assessment of the Workforce

10  Development Board's coordinating and oversight

11  responsibilities.

12         (4)  By June 30, 2000, the committee shall develop an

13  integrated and comprehensive accountability system that can be

14  used to evaluate and report on the effectiveness of Florida's

15  workforce development system as required by state law.

16         (5)  To ensure the fulfillment of these requirements,

17  the Workforce Development Board may direct the Department of

18  Labor and Employment Security, the Department of Education,

19  and the Department of Children and Family Services to provide

20  such services and assign such staff to this committee as it

21  deems necessary until June 30, 2000.

22         Section 38.  Section 288.9959, Florida Statutes, is

23  created to read:

24         288.9959  Operational Design and Technology Procurement

25  Committee.--

26         (1)  The chairman of the Workforce Development Board

27  shall appoint an Operational Design and Technology Procurement

28  Committee, which shall assemble representatives from the

29  regional workforce development boards, board staff, and the

30  staff of the WAGES State Board of Directors to design and

31  develop a model operational design and technology procurement

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  strategy for One-Stop Career Centers to ensure that services

 2  from region to region are consistent for customers, that

 3  customer service technology is compatible, and that

 4  procurement expenditures, where possible, are aggregated to

 5  obtain economies and efficiencies.

 6         (2)  The committee shall initially focus on designing a

 7  uniform intake procedure for all One-Stop Career Centers; on

 8  the design and delivery of customer reports on eligible

 9  training providers; on the design of Intensive Services

10  Accounts, Individual Training Accounts, and Individual

11  Development Accounts; on enhancing availability of electronic

12  One-Stop Career Center core services; and on the development

13  of One-Stop Career Center model operating procedures.

14         (3)  To ensure the fulfillment of these requirements,

15  the Workforce Development Board may direct the Department of

16  Labor and Employment Security, the Department of Education,

17  and the Department of Children and Family Services to provide

18  such services and assign such staff to this committee as it

19  deems necessary until June 30, 2000.

20         Section 39.  Paragraph (a) of subsection (2) of section

21  414.026, Florida Statutes, 1998 Supplement, is amended to

22  read:

23         414.026  WAGES Program State Board of Directors.--

24         (2)(a)  The board of directors shall be composed of the

25  following members:

26         1.  The Commissioner of Education, or the

27  commissioner's designee.

28         2.  The Secretary of Children and Family Services.

29         3.  The Secretary of Health.

30         4.  The Secretary of Labor and Employment Security.

31         5.  The Secretary of Community Affairs.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         6.  The Secretary of Transportation, or the secretary's

 2  designee.

 3         7.  The director of the Office of Tourism, Trade, and

 4  Economic Development.

 5         8.  The president of the Enterprise Florida workforce

 6  development board, established under s. 288.9952 s. 288.9620.

 7         9.  The chief executive officer of the Florida Tourism

 8  Industry Marketing Corporation, established under s. 288.1226.

 9         10.  Nine members appointed by the Governor, as

10  follows:

11         a.  Six members shall be appointed from a list of ten

12  nominees, of which five must be submitted by the President of

13  the Senate and five must be submitted by the Speaker of the

14  House of Representatives. The list of five nominees submitted

15  by the President of the Senate and the Speaker of the House of

16  Representatives must each contain at least three individuals

17  employed in the private sector, two of whom must have

18  management experience. One of the five nominees submitted by

19  the President of the Senate and one of the five nominees

20  submitted by the Speaker of the House of Representatives must

21  be an elected local government official who shall serve as an

22  ex officio nonvoting member.

23         b.  Three members shall be at-large members appointed

24  by the Governor.

25         c.  Of the nine members appointed by the Governor, at

26  least six must be employed in the private sector and of these,

27  at least five must have management experience.

28

29  The members appointed by the Governor shall be appointed to

30  4-year, staggered terms. Within 60 days after a vacancy occurs

31  on the board, the Governor shall fill the vacancy of a member

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  appointed from the nominees submitted by the President of the

 2  Senate and the Speaker of the House of Representatives for the

 3  remainder of the unexpired term from one nominee submitted by

 4  the President of the Senate and one nominee submitted by the

 5  Speaker of the House of Representatives. Within 60 days after

 6  a vacancy of a member appointed at-large by the Governor

 7  occurs on the board, the Governor shall fill the vacancy for

 8  the remainder of the unexpired term. The composition of the

 9  board must generally reflect the racial, gender, and ethnic

10  diversity of the state as a whole.

11         Section 40.  Sections 446.20, 446.205, 446.605, and

12  446.606, Florida Statutes, are repealed effective June 30,

13  2000.

14         Section 41.  If any provision of sections 28 through 42

15  of this act or the application thereof to any person or

16  circumstance is held invalid, the invalidity does not affect

17  other provisions or applications of the act which can be given

18  effect without the invalid provision or application, and to

19  this end the provisions of this act are declared severable.

20

21  (Redesignate subsequent sections.)

22

23

24  ================ T I T L E   A M E N D M E N T ===============

25  And the title is amended as follows:

26         On page 5, line 5, after the semicolon

27

28  insert:

29         directing the Division of Statutory Revision to

30         designate certain sections of the Florida

31         Statutes as part XI, relating to Workforce

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         Development; transferring, renumbering, and

 2         amending s. 446.601, F.S.; conforming

 3         cross-references; deleting provisions governing

 4         services of One-Stop Career Centers; revising

 5         components of the state's workforce development

 6         strategy; transferring, renumbering, and

 7         amending s. 446.604, F.S.; providing for the

 8         state's One-Stop Career Center customer service

 9         delivery strategy; specifying partners;

10         providing for oversight and operation of

11         centers by regional workforce development

12         boards and center operators; providing for

13         transfer of responsibilities; providing for

14         assigning and leasing of employees; directing

15         funds for direct customer service costs;

16         providing for employment preference; providing

17         for memorandums of understanding and sanctions;

18         providing for electronic service delivery;

19         authorizing Intensive Service Accounts and

20         Individual Training Accounts and providing

21         specifications; transferring, renumbering, and

22         amending s. 288.9620, F.S.; providing for

23         membership of the Workforce Development Board

24         pursuant to federal law; providing for

25         committees; requiring financial disclosure;

26         authorizing the board as the Workforce

27         Investment Board; specifying functions, duties,

28         and responsibilities; providing for sanctions;

29         providing for carryover of funds; requiring a

30         performance measurement system and reporting of

31         such; transferring, renumbering, and amending

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         s. 446.602, F.S.; providing for membership of

 2         regional workforce development boards pursuant

 3         to federal law; prohibiting certain activities

 4         that create a conflict of interest; providing

 5         for transition; providing for performance and

 6         compliance review; correcting organizational

 7         name references; requiring a local plan;

 8         providing for oversight of One-Stop Career

 9         Centers; authorizing local committees;

10         establishing high skills/high wages committees;

11         transferring, renumbering, and amending s.

12         446.607, F.S.; conforming cross-references;

13         providing for consolidated board membership

14         requirements; transferring, renumbering, and

15         amending s. 446.603, F.S.; conforming

16         cross-references; expanding the scope of the

17         Untried Worker Placement and Employment

18         Incentive Act; abrogating scheduled repeal of

19         program; creating s. 288.9956, F.S.; providing

20         principles for implementing the federal

21         Workforce Investment Act of 1998; providing for

22         a 5-year plan; specifying funding distribution;

23         creating the Incumbent Worker Training Program;

24         providing program requirements; requiring a

25         report; authorizing the Workforce Development

26         Board to contract for administrative services

27         related to federal funding; specifying

28         contractual agreements; providing for

29         indemnification; providing for settlement

30         authority; providing for compliance with

31         federal law; providing for workforce

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         development review; providing for termination

 2         of state set-aside; creating s. 288.9957, F.S.;

 3         requiring designation of the Florida Youth

 4         Workforce Council; providing for membership and

 5         duties; providing for allocation of funds;

 6         creating s. 288.9958, F.S.; requiring

 7         appointment of the Employment, Occupation, and

 8         Performance Information Coordinating Committee;

 9         providing for membership and duties; providing

10         for services and staff; creating s. 288.9959,

11         F.S.; requiring appointment of the Operational

12         Design and Technology Procurement Committee;

13         providing for membership and duties; providing

14         for services and staff; amending s. 414.026,

15         F.S.; conforming a cross-reference; repealing

16         s. 446.20, F.S., which provides for

17         administration of responsibilities under the

18         federal Job Training Partnership Act; repealing

19         s. 446.205, F.S., which provides for a Job

20         Training Partnership Act family drop-out

21         prevention program; repealing s. 446.605, F.S.,

22         which provides for applicability of the

23         Workforce Florida Act of 1996; repealing s.

24         446.606, F.S., which provides for designation

25         of primary service providers; providing for

26         severability;

27

28

29

30

31

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