Senate Bill 0252c1

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    Florida Senate - 1999                            CS for SB 252

    By the Committee on Commerce and Economic Opportunities; and
    Senator Kirkpatrick




    310-1817A-99

  1                      A bill to be entitled

  2         An act relating to workforce development;

  3         directing the Division of Statutory Revision to

  4         designate certain sections of the Florida

  5         Statutes as part XI, relating to Workforce

  6         Development; transferring, renumbering, and

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

  8         cross-references; deleting provisions governing

  9         services of One-Stop Career Centers; revising

10         components of the state's workforce development

11         strategy; transferring, renumbering, and

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

13         state's One-Stop Career Center customer service

14         delivery strategy; specifying partners;

15         providing for oversight and operation of

16         centers by regional workforce development

17         boards and center operators; providing for

18         transfer of responsibilities; providing for

19         assigning and leasing of employees; providing

20         for employment preference; providing for

21         memorandums of understanding and sanctions;

22         providing for electronic service delivery;

23         authorizing Intensive Service Accounts and

24         Individual Training Accounts and providing

25         specifications; transferring, renumbering, and

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

27         membership of the Workforce Development Board

28         pursuant to federal law; providing for

29         committees; requiring financial disclosure;

30         authorizing the board as the Workforce

31         Investment Board; specifying functions, duties,

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    Florida Senate - 1999                            CS for SB 252
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  1         and responsibilities; providing for sanctions;

  2         providing for carryover of funds; requiring a

  3         performance measurement system and reporting of

  4         such; transferring, renumbering, and amending

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

  6         regional workforce development boards pursuant

  7         to federal law; prohibiting certain activities

  8         that create a conflict of interest; providing

  9         for transition; providing for performance and

10         compliance review; correcting organizational

11         name references; requiring a local plan;

12         providing for oversight of One-Stop Career

13         Centers; authorizing local committees;

14         establishing high skills/high wages committees;

15         transferring, renumbering, and amending s.

16         446.607, F.S.; conforming cross-references;

17         providing for consolidated board membership

18         requirements; transferring, renumbering, and

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

20         cross-references; expanding the scope of the

21         Untried Worker Placement and Employment

22         Incentive Act; abrogating scheduled repeal of

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

24         principles for implementing the federal

25         Workforce Investment Act of 1998; providing for

26         a 5-year plan; specifying funding distribution;

27         creating the Incumbent Worker Training Program;

28         providing program requirements; requiring a

29         report; authorizing the Workforce Development

30         Board to contract for administrative services

31         related to federal funding; specifying

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    Florida Senate - 1999                            CS for SB 252
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  1         contractual agreements; providing for

  2         indemnification; providing for settlement

  3         authority; providing for compliance with

  4         federal law; providing for workforce

  5         development review; providing for termination

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

  7         requiring designation of the Florida Youth

  8         Workforce Council; providing for membership and

  9         duties; providing for allocation of funds;

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

11         appointment of the Employment, Occupation, and

12         Performance Information Coordinating Committee;

13         providing for membership and duties; providing

14         for services and staff; creating s. 288.9959,

15         F.S.; requiring appointment of the Operational

16         Design and Technology Procurement Committee;

17         providing for membership and duties; providing

18         for services and staff; amending s. 288.901,

19         F.S.; conforming a cross-reference; amending s.

20         288.902, F.S.; deleting an obsolete

21         cross-reference; amending s. 414.026, F.S.;

22         conforming a cross-reference; repealing s.

23         446.20, F.S., which provides for administration

24         of responsibilities under the federal Job

25         Training Partnership Act; repealing s. 446.205,

26         F.S., which provides for a Job Training

27         Partnership Act family drop-out prevention

28         program; repealing s. 446.605, F.S., which

29         provides for applicability of the Workforce

30         Florida Act of 1996; repealing s. 446.606,

31

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    Florida Senate - 1999                            CS for SB 252
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  1         F.S., which provides for designation of primary

  2         service providers; providing an effective date.

  3

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

  5

  6         Section 1.  Sections 288.9950, 288.9951, 288.9952,

  7  288.9953, 288.9954, 288.9955, 288.9956, 288.9957, 288.9958,

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

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

10  Revision is requested to designate that part "Workforce

11  Development."

12         Section 2.  Section 446.601, Florida Statutes, is

13  transferred, renumbered as section 288.9950, Florida Statutes,

14  and amended to read:

15         288.9950 446.601  Workforce Florida Act of 1996 Short

16  title; legislative intent.--

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

18  Florida Act of 1996."

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

20  workforce development system to upgrade dramatically

21  Floridians' workplace skills, economically benefiting the

22  workforce, employers, and the state.

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

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

25  today's workplace.

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

27  competitive advantage.

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

29  job-creating incentive for business.

30

31

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    Florida Senate - 1999                            CS for SB 252
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  1         (d)  Budget cuts, efficiency, effectiveness, and

  2  accountability mandate the consolidation of program services

  3  and the elimination of unwarranted duplication.

  4         (e)  Streamlined state and local partnerships must

  5  focus on outcomes, not process.

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

  7  service delivery works best.

  8         (g)  Job training curricula must be developed in

  9  concert with the input and needs of existing employers and

10  businesses, and must consider the anticipated demand for

11  targeted job opportunities, as specified by the Occupational

12  Forecasting Conference under s. 216.136.

13         (h)  Job placement, job retention, and

14  return-on-investment should control workforce development

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

16  failure.

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

18  consequences.

19         (j)  Job placement success will be publicly measured

20  and reported to the Legislature.

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

22  which provide a valuable opportunity for preparing citizens

23  for productive employment, will be encouraged.

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

25  be options that each worker can pursue.

26         (4)  The workforce development strategy shall be

27  designed by the Workforce Development Board Enterprise Florida

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

29  288.0475, and shall be centered around the strategies four

30  integrated strategic components of First Jobs/First Wages

31

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    Florida Senate - 1999                            CS for SB 252
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  1  One-Stop Career Centers, School-to-Work, Welfare-to-Work, and

  2  High Skills/High Wages Wage Jobs.

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

  4  promote successful entry into the workforce through education

  5  and workplace experience that lead to self-sufficency and

  6  career advancement.  The components of the strategy include

  7  efforts that enlist business, education, and community support

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

  9  young people have the academic and occupational skills

10  required to succeed in the workplace. The strategy also

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

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

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

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

15  customer-service contact strategy for offering every Floridian

16  access, through service sites, telephone, or computer

17  networks, to the following services:

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

19         2.  Career counseling and educational planning.

20         3.  Consumer reports on service providers.

21         4.  Recruitment and eligibility determination.

22         5.  Support services, including child care and

23  transportation.

24         6.  Employability skills training.

25         7.  Adult education and basic skills training.

26         8.  Technical training leading to a certification and

27  degree.

28         9.  Claim filing for unemployment compensation

29  services.

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

31  assistance.

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    Florida Senate - 1999                            CS for SB 252
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  1         11.  Child care and transportation assistance to gain

  2  employment.

  3         12.  Other appropriate and available workforce

  4  development services.

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

  6  workforce education strategy for coordinating business,

  7  education, and the community to support students in achieving

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

  9  prepared with the academic and occupational skills required

10  for success.

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

12  encouraging self-sufficiency and minimizing dependence upon

13  public assistance by emphasizing job placement and transition

14  support services for welfare recipients.

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

16  strategy for aligning education and training programs with

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

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

19  efforts to attract and expand job-creating business the

20  Occupational Forecasting Conference under s. 216.136, for

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

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

23  state's economic development goal of attracting new and

24  expanding businesses.

25         (5)  The workforce development system shall utilize a

26  charter process approach aimed at encouraging local design and

27  control of service delivery and targeted activities.  The

28  Workforce Development Board Enterprise Florida Jobs and

29  Education Partnership shall be responsible for granting

30  charters to regional workforce development boards that

31  Regional Workforce Development Boards which have a membership

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  1  consistent with the requirements of federal and state law and

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

  3  workforce development strategy and with the strategic

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

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

  6  specify methods for allocating the resources and programs in a

  7  manner that eliminates unwarranted duplication, minimizes

  8  administrative costs, meets the existing job market demands

  9  and the job market demands resulting from successful economic

10  development activities, ensures access to quality workforce

11  development services for all Floridians, and maximizes

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

13  Workforce Development Board Enterprise Florida Jobs and

14  Education Partnership shall establish incentives for effective

15  coordination of federal and state programs, outline rewards

16  for successful job placements, and institute collaborative

17  approaches among local service providers.  Local

18  decisionmaking and control shall be important components for

19  inclusion in this charter application.

20         Section 3.  Section 446.604, Florida Statutes, is

21  transferred, renumbered as section 288.9951, Florida Statutes,

22  and amended to read:

23         288.9951 446.604  One-Stop Career Centers.--

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

25  initial customer-service delivery system for offering every

26  Floridian access, through service sites or telephone or

27  computer networks, to the following services:

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

29         (b)  Career counseling and educational planning.

30         (c)  Consumer reports on service providers.

31         (d)  Recruitment and eligibility determination.

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  1         (e)  Support services, including child care and

  2  transportation assistance to gain employment.

  3         (f)  Employability skills training.

  4         (g)  Adult education and basic skills training.

  5         (h)  Technical training leading to a certification and

  6  degree.

  7         (i)  Claim filing for unemployment compensation

  8  services.

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

10  assistance.

11         (k)  Other appropriate and available workforce

12  development services.

13         (2)  In addition to the mandatory partners identified

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

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

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

17  partner is prohibited from operating independently from a

18  One-Stop Career Center unless approved by the regional

19  workforce development board. Services provided by partners who

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

21  approved by the regional workforce development board.

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

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

24  regional workforce development boards shall designate One-Stop

25  Career Center operators. A regional workforce development

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

27  without further procurement action where the board has

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

29  federal and state law.

30         (4)  By October 1, 1999, regional workforce development

31  boards shall assume responsibility and contract for the

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  1  delivery, through One-Stop Career Center operators, of

  2  employment services authorized by Wagner-Peyser. By July 1,

  3  1999, each regional workforce development board shall develop

  4  a transition plan to be approved by the Workforce Development

  5  Board.

  6         (a)  The Workforce Development Board may direct the

  7  Department of Labor and Employment Security to provide such

  8  services and to assign or lease staff to the regional

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

10  necessary to maintain services and to comply with federal and

11  state workforce development requirements.

12         (b)  When local employment services are delivered by

13  the Department of Labor and Employment Security, management of

14  those services shall rest with the One-Stop Career Center

15  operator.

16         (c)  Career service employees of the Department of

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

18  the enactment of this act shall be given priority

19  consideration for employment by the regional workforce

20  development boards' One-Stop Career Center operators.

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

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

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

24  regional workforce development board. Failure of a local

25  partner to participate cannot unilaterally block the majority

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

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

28  288.9952(4)(d), may sanction a local partner that fails to

29  participate.

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

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

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  1  electronically, utilizing existing systems and public

  2  libraries. To expand electronic capabilities, the Workforce

  3  Development Board, working with regional workforce development

  4  boards, shall develop a centralized help center to assist

  5  regional workforce development boards in fulfilling core

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

  7  Centers.

  8         (7)  Intensive services and training provided pursuant

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

10  through Intensive Service Accounts and Individual Training

11  Accounts. The Workforce Development Board shall develop, by

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

13  of initially eligible training providers, transition

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

15  Training Accounts must be compatible with Individual

16  Development Accounts for education allowed in federal and

17  state welfare reform statutes.

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

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

20  identified by the Occupational Forecasting Conference created

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

22  Workforce Development Board.

23         (b)  For each approved training program, regional

24  workforce development boards, in consultation with training

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

26  paid through an Individual Training Account. The purchase

27  price must be based on prevailing costs and reflect local

28  economic factors, program complexity, and program benefits.

29         (c)  The Workforce Development Board shall review

30  Individual Training Account pricing schedules developed by

31  regional workforce development boards and present findings and

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  1  recommendations for process improvement to the President of

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

  3  January 1, 2000.

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

  5  shall use funding sources other than the funding provided

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

  7  alternative financing obtained by the training provider shall

  8  be established by the Workforce Development Board and used for

  9  performance evaluation purposes.

10         (e)  Training services provided through Individual

11  Training Accounts must be performance-based, with successful

12  job placement triggering full payment.

13         (f)  The accountability measures to be used in

14  documenting competencies acquired by the participant during

15  training shall be literacy completion points and occupational

16  completion points. Literacy completion points refers to the

17  academic or workforce readiness competencies that qualify a

18  person for further basic education, vocational education, or

19  for employment. Occupational completion points refers to the

20  vocational competencies that qualify a person to enter an

21  occupation that is linked to a vocational program.

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

23  working with the Workforce Development Board, shall coordinate

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

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

26  operated by the Department of Labor and Employment Security,

27  the Department of Health and Rehabilitative Services, the

28  Department of Education, and other authorized public or

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

30  identify resources within existing revenues to establish and

31

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  1  support this such electronic network for service delivery that

  2  includes the Florida Communities Network.

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

  4  is used to determine eligibility for and management of

  5  services provided by agencies that conduct workforce

  6  development activities.  The Department of Management Services

  7  shall develop strategies to allow access to the databases and

  8  information management systems of the following systems in

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

10  Career Centers:

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

12  Department of Labor and Employment Security.

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

14  Labor and Employment Security.

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

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

17  and Medicaid eligibility.

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

19  Department of Labor and Employment Security.

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

21  Department of Education.

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

23  system.

24

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

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

27         Section 4.  Section 288.9620, Florida Statutes, is

28  transferred, renumbered as section 288.9952, Florida Statutes,

29  and amended to read:

30         (Substantial rewording of section. See

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

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  1         288.9952  Workforce Development Board.--

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

  3  corporate structure of Enterprise Florida, Inc., a

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

  5  purpose of the Workforce Development Board is to design and

  6  implement strategies that help Floridians enter, remain in,

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

  8  successful, benefiting these Floridians, Florida businesses,

  9  and the entire state.

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

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

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

13  105-220, Title I, s. 111(b). The importance of minority and

14  gender representation shall be considered when making

15  appointments to the board.  Additional members may be

16  appointed when necessary to conform to the requirements of

17  Pub. L. No. 105-220.

18         (b)  The board of directors of the Workforce

19  Development Board shall be chaired by a board member

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

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

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

23  Public-sector members appointed by the Governor must be

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

25  serve at the pleasure of the Governor.

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

27  directors of the Workforce Development Board within 30 days

28  after the receipt of nominations.

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

30  Workforce Development Board may be removed by the Governor for

31  cause. Absence from three consecutive meetings results in

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  1  automatic removal. The chair of the Workforce Development

  2  Board shall notify the Governor of such absences.

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

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

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

  6  and secretary of the Workforce Development Board.

  7         (b)  The board of directors of the Workforce

  8  Development Board shall meet at least quarterly and at other

  9  times upon call of its chair.

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

11  board of directors of the Workforce Development Board

12  comprises a quorum of the board.

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

14  and conduct the business of the Workforce Development Board,

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

16  Workforce Development Board is required to adopt or amend the

17  operational plan.

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

19  directors of the Workforce Development Board, individual

20  members have no authority to control or direct the operations

21  of the Workforce Development Board or the actions of its

22  officers and employees, including the president.

23         (f)  The board of directors of the Workforce

24  Development Board may delegate to its president those powers

25  and responsibilities it deems appropriate.

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

27  Development Board and its committees shall serve without

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

29  employees of the Workforce Development Board may be reimbursed

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

31

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  1  determined by the board of directors of Enterprise Florida,

  2  Inc.

  3         (h)  The board of directors of the Workforce

  4  Development Board may establish an executive committee

  5  consisting of the chair and at least two additional board

  6  members selected by the board of directors. The executive

  7  committee shall have such authority as the board of directors

  8  of the Workforce Development Board delegates to it, except

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

10  committee authority to take action that requires approval by a

11  majority of the entire board of directors.

12         (i)  The board of directors of the Workforce

13  Development Board may appoint committees to fulfill its

14  responsibilities, to comply with federal requirements, or to

15  obtain technical assistance, and must incorporate members of

16  regional workforce development boards into its structure.

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

18  Workforce Development Board who is not otherwise required to

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

20  State Constitution or s. 112.3144 must file disclosure of

21  financial interests pursuant to s. 112.3145.

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

23  powers and authority, not explicitly prohibited by statute,

24  necessary or convenient to carry out and effectuate the

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

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

27  responsibilities, including, but not limited to, the

28  following:

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

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

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

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

  2  allowable administrative overhead, appropriate amounts shall

  3  be expended to procure independent job-placement evaluations.

  4         (b)  Contracting with public and private entities as

  5  necessary to further the directives of this section, except

  6  that any contract made with an organization represented on the

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

  8  board of directors of the Workforce Development Board must be

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

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

11  board member representing such organization shall abstain from

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

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

14  exclusive of grant programs, shall be made with an

15  organization represented on the board of directors of

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

17  Workforce Development Board. An organization represented on

18  the board of directors of the Workforce Development Board or

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

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

21  development incentive or similar grant unless such incentive

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

23  entire board of directors of the Workforce Development Board.

24  The member of the board of directors of the Workforce

25  Development Board representing such organization, if

26  applicable, shall abstain from voting and refrain from

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

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

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

30  members of the board of directors of the Workforce Development

31  Board.

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

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

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

  4  its accounts and records conducted by an independent certified

  5  public accountant and performed in accordance with rules

  6  adopted by the Auditor General.

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

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

  9  noncompliance by agencies or obstruction of the board's

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

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

12  the Speaker of House of Representatives, including but not

13  limited to: disqualification or suspension of an agency from

14  participation in workforce development programs; designating

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

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

17  the Office of the Governor shall enforce such sanctions as

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

19  Speaker of the House of Representatives.

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

21  documenting program performance, funds allocated for the

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

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

24  performance, unless federal law requires the funds to revert

25  at the year's end.

26         (6)  The Workforce Development Board may take action

27  that it deems necessary to achieve the purposes of this

28  section and consistent with the policies of the board of

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

30  private enterprises, public agencies, and other organizations.

31  The Workforce Development Board shall advise and make

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  1  recommendations to the board of directors of Enterprise

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

  3  State Board of Education and the Legislature concerning action

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

  5  social and economic resources:

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

  7  that ensures that programs to prepare workers are responsive

  8  to present and future business and industry needs and

  9  complement the initiatives of Enterprise Florida, Inc.

10         (b)  A funding system that provides incentives to

11  improve the outcomes of vocational education programs, and of

12  registered apprenticeship and work-based learning programs,

13  and that focuses resources on occupations related to new or

14  emerging industries that add greatly to the value of the

15  state's economy.

16         (c)  A comprehensive approach to the education and

17  training of target populations such as those who have

18  disabilities, are economically disadvantaged, receive public

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

20  workers. This approach should ensure the effective use of

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

22  need for public assistance.

23         (d)  The designation of Institutes of Applied

24  Technology composed of postsecondary institutions working

25  together with business and industry to ensure that technical

26  and vocational education programs use the most advanced

27  technology and instructional methods available and respond to

28  the changing needs of business and industry.

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

30  supply and demand using the results of the Occupational

31

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  1  Forecasting Conference created in s. 216.136 and the career

  2  education performance standards identified under s. 239.233.

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

  4  that are responsible for economic development, education,

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

  6  of the return on investment of these programs.

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

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

  9  Senate, the Speaker of the House of Representatives, the

10  Senate Minority Leader, and the House Minority Leader a

11  complete and detailed report by the Workforce Development

12  Board setting forth:

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

14         (b)  The operations and accomplishments of the

15  partnership including the programs or entities listed in

16  subsection (6).

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

18  own authority or at the direction of the Legislative Auditing

19  Committee, conduct an audit of the Workforce Development Board

20  or the programs or entities created by the Workforce

21  Development Board.

22         (9)  The Workforce Development Board, in collaboration

23  with the regional workforce development boards, the Office of

24  Program Policy Analysis and Government Accountability, and

25  appropriate state agencies and local public and private

26  service providers, shall establish uniform measures and

27  standards to gauge the performance of the workforce

28  development strategy. These measures and standards must be

29  organized into three outcome tiers.

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

31  provide benchmarks for system-wide outcomes. The Workforce

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  1  Development Board must, in collaboration with the Office of

  2  Program Policy Analysis and Government Accountability,

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

  4  outcomes may include employment in occupations demonstrating

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

  6  12, and 24 months; reduction in and elimination of public

  7  assistance reliance; job placement; employer satisfaction; and

  8  positive return on investment of public resources.

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

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

11  Centers and each of the strategic components of the workforce

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

13  developed for One-Stop Career Centers, youth employment

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

15  specific goals of each particular strategic component. Cost

16  per entered employment, earnings at placement, retention in

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

18  included among the performance outcome measures.

19         1.  Appropriate measures for One-Stop Career Centers

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

21  level established by the Occupational Forecasting Conference,

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

23  Occupational Forecasting Conference.

24         2.  Appropriate measures for youth employment

25  activities may include the number of students enrolling in and

26  completing work-based programs, including apprenticeship

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

28  placement; and wage growth.

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

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

31

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  1  elimination of reliance on public assistance, and savings

  2  resulting from reduced reliance on public assistance.

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

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

  5  wage growth.

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

  7  output measures to be used by the agency implementing

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

  9  tier-three measures must be developed by the agencies

10  implementing programs, and the Workforce Development Board may

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

12  the Workforce Development Board by the appropriate

13  implementing agency.

14         (d)  Regional differences must be reflected in the

15  establishment of performance goals and may include job

16  availability, unemployment rates, average worker wage, and

17  available employable population. All performance goals must be

18  derived from the goals, principles, and strategies established

19  in the Workforce Florida Act of 1996.

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

21  229.8075. Positive outcomes for providers of education and

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

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

24  by the Workforce Development Board or the regional workforce

25  development boards must be developed in a manner that provides

26  for an equitable comparison of the relative success or failure

27  of any service provider in terms of positive outcomes.

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

29  Development Board shall provide the Legislature with a report

30  detailing the performance of Florida's workforce development

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

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  1  Additionally, this report must benchmark Florida outcomes, at

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

  3         Section 5.  Section 446.602, Florida Statutes, is

  4  transferred, renumbered as section 288.9953, Florida Statutes,

  5  and amended to read:

  6         288.9953 446.602  Regional Workforce Development

  7  Boards.--

  8         (1)  One regional workforce development board Regional

  9  Workforce Development Board shall be appointed in each

10  designated service delivery area and shall serve as the local

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

12  The membership and responsibilities of the board shall be

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

14  member of a regional workforce development board may not vote

15  on a matter under consideration by the board regarding the

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

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

18  direct financial benefit to such member or the immediate

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

20  determined by the Governor to constitute a conflict of

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

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

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

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

25  that exist through interlocal agreements and shall include:

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

27  being from the private sector and being chief executives,

28  chief operating officers, owners of business concerns, or

29  other private sector executives with substantial management or

30  policy responsibility.

31

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  1         (b)  Representatives of organized labor and

  2  community-based organizations, who shall constitute not less

  3  than 15 percent of the board members.

  4         (c)  Representatives of educational agencies, including

  5  presidents of local community colleges, superintendents of

  6  local school districts, licensed private postsecondary

  7  educational institutions participating in vocational education

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

  9  Occupational Forecasting Conference list or a list validated

10  by the Regional Workforce Development Board; vocational

11  rehabilitation agencies; economic development agencies; public

12  assistance agencies; and public employment service.  One of

13  the representatives from licensed private postsecondary

14  educational institutions shall be from a degree-granting

15  institution, and one from an institution offering certificate

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

17  nonprofit, community-based organization which provides direct

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

19  individuals including the target population of people with

20  disabilities.

21

22  The current Private Industry Council may be restructured, by

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

24  Development Board.

25         (2)  The Workforce Development Board will determine the

26  timeframe and manner of changes to the regional workforce

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

28  105-220.

29         (3)  The Workforce Development Board shall assign staff

30  to meet with each regional workforce development board

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

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  1  the board is in compliance with applicable state and federal

  2  law.

  3         (4)(2)  In addition to the duties and functions

  4  specified by the Workforce Development Board Enterprise

  5  Florida Jobs and Education Partnership and by the interlocal

  6  agreement approved by the local county or city governing

  7  bodies, the regional workforce development board Regional

  8  Workforce Development Board shall have the following

  9  responsibilities:

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

11  and ratify the local Job Training Partnership Act plan

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

13  must be signed by the chief elected officials.

14         (b)  Conclude agreements necessary to designate the

15  fiscal agent and administrative entity.

16         (c)  Complete assurances required for the Workforce

17  Development Board Enterprise Florida Jobs and Education

18  Partnership charter process and provide ongoing oversight

19  related to administrative costs, duplicated services, career

20  counseling, economic development, equal access, compliance and

21  accountability, and performance outcomes.

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

23         (5)(3)  The Workforce Development Board Enterprise

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

25  1997, design and implement a training program for the regional

26  workforce development boards Regional Workforce Development

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

28  development goals and strategies.

29

30  The regional workforce development board Regional Workforce

31  Development Board shall designate all local service providers

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

  2  order to exercise independent oversight, the regional

  3  workforce development board Regional Workforce Development

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

  5  eligibility determinations, or other direct provider services.

  6         (6)  Regional workforce development boards may appoint

  7  local committees to obtain technical assistance on issues of

  8  importance, including those issues affecting older workers.

  9         (7)  Each regional workforce development board shall

10  establish a high skills/high wages committee consisting of

11  five private-sector business representatives, including the

12  regional workforce development board chair; the presidents of

13  all community colleges within the board's region; and those

14  district school superintendents with authority for conducting

15  postsecondary educational programs within the region. The

16  business representatives other than the board chair need not

17  be members of the regional workforce development board.

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

19  skills/high wages committee shall submit, quarterly,

20  recommendations to the Workforce Development Board related to:

21         1.  Policies to enhance the responsiveness of high

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

23  economic development opportunities.

24         2.  Integrated use of state education and federal

25  workforce development funds to enhance the training and

26  placement of designated population individuals with local

27  businesses and industries.

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

29  Development Board has the discretion to decrease the frequency

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

31

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  1  committees shall meet and submit any recommendations at least

  2  annually.

  3         (c)  Annually, the Workforce Development Board shall

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

  5  committees, research their feasibility, and make

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

  7  and the Speaker of the House of Representatives.

  8         Section 6.  Section 446.607, Florida Statutes, is

  9  transferred, renumbered as section 288.9954, Florida Statutes,

10  and amended to read:

11         288.9954 446.607  Consultation, consolidation, and

12  coordination.--The Workforce Development Board Enterprise

13  Florida Jobs and Education Partnership and the WAGES Program

14  State Board of Directors any state public assistance policy

15  board established pursuant to law shall consult with each

16  other in developing each of their statewide implementation

17  plans and strategies. The regional workforce development

18  boards Regional Workforce Development Boards and local WAGES

19  coalitions any local public assistance policy boards

20  established pursuant to law may elect to consolidate into one

21  board provided that the consolidated board membership complies

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

23  117(b) 97-300, as amended, and with any other law delineating

24  the membership requirements for either of the separate boards.

25  The regional workforce development boards Regional Workforce

26  Development Boards and local WAGES coalitions any respective

27  local public assistance policy board established pursuant to

28  law shall collaboratively coordinate, to the maximum extent

29  possible, the local services and activities provided by and

30  through each of these boards and coalitions and their

31  designated local service providers.

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  1         Section 7.  Section 446.603, Florida Statutes, is

  2  transferred, renumbered as section 288.9955, Florida Statutes,

  3  and amended to read:

  4         288.9955 446.603  Untried Worker Placement and

  5  Employment Incentive Act.--

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

  7  Placement and Employment Incentive Act."

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

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

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

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

12  Employment Security or the Department of Health and

13  Rehabilitative Services because he or she has they have

14  limitations associated with the long-term receipt of welfare

15  and difficulty in sustaining employment, particularly because

16  of physical or mental disabilities.

17         (3)  The Department of Labor and Employment Security

18  and the Department of Health and Rehabilitative Services,

19  working with the Enterprise Florida Jobs and Education

20  Partnership, shall develop five Untried Worker Placement and

21  Employment Incentive pilot projects in at least five different

22  counties.

23         (3)(4)  Incentive In these pilots, incentive payments

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

25  selected by local WAGES coalitions the Regional Workforce

26  Development Boards who successfully place untried workers in

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

28  employee successfully completes a probationary placement of no

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

30  that includes health care benefits will receive an additional

31  incentive payment.

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  1         (4)(5)  The for-profit and not-for-profit agents shall

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

  3  Contracts may be renewed upon successful review by the

  4  contracting agent.

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

  6  Department of Labor and Employment Security and the Department

  7  of Health and Rehabilitative Services, working with the

  8  Enterprise Florida Jobs and Education Partnership, shall

  9  develop an incentive schedule developed by the Department of

10  Labor and Employment Security and the Department of Children

11  and Family Services which that costs the state less per

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

13  recipient.

14         (6)(7)  During an untried worker's probationary

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

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

17  workers' compensation and unemployment compensation coverage

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

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

20  credits, wage supplementation, wage subsidy, or employer

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

22  agreement with the employer.  After satisfactory completion of

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

24  considered an untried worker.

25         (7)(8)  This section shall not be used for the purpose

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

27  and shall not interfere with executed collective bargaining

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

29  the same rate as similarly situated and assessed workers in

30  the same place of employment.

31

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  1         (8)(9)  An employer that demonstrates a pattern of

  2  unsuccessful placements shall be disqualified from

  3  participation in these pilots because of poor return on the

  4  public's investment.

  5         (9)(10)  The Department of Labor and Employment

  6  Security and the Department of Health and Rehabilitative

  7  Services, working with the Enterprise Florida Jobs and

  8  Education Partnership, may offer to Any employer that chooses

  9  to employ untried workers is eligible to receive such

10  incentives and benefits that are available and provided in

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

12  with each such additional inducement.

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

14  repealed on July 1, 1999.

15         Section 8.  Section 288.9956, Florida Statutes, is

16  created to read:

17         288.9956  Implementation of the federal Workforce

18  Investment Act of 1998.--

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

20  approach to implementing the federal Workforce Investment Act

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

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

23  training programs must be coordinated and consolidated at

24  locally managed One-Stop Career Centers.

25         (b)  Empowering Individuals--Eligible participants will

26  make informed decisions, choosing the qualified training

27  program that best meets their needs.

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

29  every Floridian will have access to employment services.

30

31

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

  2  and training providers will be held accountable for their

  3  performance.

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

  5  boards will focus on strategic planning, policy development,

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

  7  direct the operational details of their One-Stop Career

  8  Centers.

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

10  have exceptional flexibility to build on existing reforms.

11  Unified planning will free local groups from conflicting

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

13  innovations.

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

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

16  secondary vocational education, to fulfill the early

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

18  applicable state statutes. Mandatory federal partners and

19  optional federal partners, including the WAGES Program State

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

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

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

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

24  partner may immediately choose to fully integrate its

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

26  any other state provisions, fulfill all their state planning

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

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

29  integrate all federally mandated and optional partners by the

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

31

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  1  in the planning process shall be mandatory participants in the

  2  second year of the plan.

  3         (3)  FUNDING.--

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

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

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

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

  8  administer and coordinate various funds and programs that are

  9  operated by various agencies. The following provisions shall

10  also apply to these funds:

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

12  and Dislocated Workers that are passed through to regional

13  workforce development boards shall be allocated to Individual

14  Training Accounts unless a regional workforce development

15  board obtains a waiver from the Workforce Development Board.

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

17  compliance with Florida's Performance-Based Incentive Fund

18  Program qualify as an Individual Training Account expenditure,

19  as do other programs developed by regional workforce

20  development boards in compliance with the Workforce

21  Development Board's policies.

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

23  allocated to Intensive Services Accounts unless a regional

24  workforce development board obtains a waiver from the

25  Workforce Development Board. Except where prohibited by

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

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

28  shall be funded using Wagner-Peyser funds.

29         3.  Fifteen percent of Title I funding shall be

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

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

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  1  innovative Individual Training Account pilots, demonstrations,

  2  and programs. Eligible state administration costs include the

  3  costs of: funding of the Workforce Development Board and

  4  Workforce Development Board's staff; operating fiscal,

  5  compliance, and management accountability systems through the

  6  Workforce Development Board; conducting evaluation and

  7  research on workforce development activities; and providing

  8  technical and capacity building assistance to regions at the

  9  direction of the Workforce Development Board. Notwithstanding

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

11  percent of these funds. Seventy percent of these funds shall

12  be allocated to Individual Training Accounts for: the Minority

13  Teacher Education Scholars program, the Certified Teacher-Aide

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

15  Training Accounts designed and tailored by the Workforce

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

17  incumbent workers, displaced homemakers, nontraditional

18  employment, empowerment zones, and enterprise zones. The

19  Workforce Development Board shall design, adopt, and fund

20  Individual Training Accounts for distressed urban and rural

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

22  Incumbent Worker Training Program.

23         4.  The Incumbent Worker Training Program is created

24  for the purpose of providing grant funding for continuing

25  education and training of incumbent employees at existing

26  Florida businesses. The program will provide reimbursement

27  grants to businesses that pay for preapproved, direct,

28  training-related costs.

29         a.  The Incumbent Worker Training Program will be

30  administered by a private business organization, known as the

31

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  1  grant administrator, under contract with the Workforce

  2  Development Board.

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

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

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

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

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

  8  funding shall be given to businesses with 25 employees or

  9  fewer, businesses in rural areas, or businesses whose grant

10  proposals represent a significant upgrade in employee skills.

11         c.  All costs reimbursed by the program must be

12  preapproved by the grant administrator. The program will not

13  reimburse businesses for trainee wages, the purchase of

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

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

16  approved for a grant may be reimbursed for preapproved,

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

18  books and classroom materials; and administrative costs not to

19  exceed 5 percent of the grant amount.

20         d.  A business that is selected to receive grant

21  funding must provide a matching contribution to the training

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

23  or the purchase of capital equipment used in the training

24  project; must sign an agreement with the grant administrator

25  to complete the training project as proposed in the

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

27  implementation process; and must submit monthly or quarterly

28  reimbursement requests with required documentation.

29         e.  All Incumbent Worker Training Program grant

30  projects shall be performance-based with specific measurable

31  performance outcomes, including completion of the training

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  1  project and job retention. The grant administrator shall

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

  3  report is submitted and all performance criteria specified in

  4  the grant contract have been achieved.

  5         f.  The Workforce Development Board is authorized to

  6  establish guidelines necessary to implement the Incumbent

  7  Worker Training Program.

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

  9  Training Program's appropriation may be used for

10  administrative purposes.

11         h.  The grant administrator is required to submit a

12  report to the Workforce Development Board and the Legislature

13  on the financial and general operations of the Incumbent

14  Worker Training Program. Such report will be due before

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

16  by the Legislature.

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

18  be dedicated to Intensive Services Accounts and Individual

19  Training Accounts for dislocated workers and incumbent workers

20  who are at risk of dislocation. The Workforce Development

21  Board shall also maintain an Emergency Preparedness Fund from

22  Rapid Response funds which will immediately issue Intensive

23  Service Accounts and Individual Training Accounts as well as

24  other federally authorized assistance to eligible victims of

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

26  reserve of Rapid Response funds for rapid response activities

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

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

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

30  Investment Act of 1998 funds, including Rapid Response

31  activities, will be determined by the Workforce Development

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  1  Board.  The administrative entity will provide services

  2  through a contractual agreement with the Workforce Development

  3  Board. The terms and conditions of the agreement may include,

  4  but are not limited to, the following:

  5         1.  All policy direction to regional workforce

  6  development boards regarding Title I programs shall emanate

  7  from the Workforce Development Board.

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

  9  administrative entity which may materially impact local

10  workforce boards, local governments, or educational

11  institutions must be promulgated under chapter 120.

12         3.  The administrative entity will operate under a

13  procedures manual, approved by the Workforce Development

14  Board, addressing: financial services including cash

15  management, accounting, and auditing; procurement; management

16  information system services; and federal and state compliance

17  monitoring, including quality control.

18         (4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED

19  MODIFICATIONS.--

20         (a)  The Workforce Development Board may provide

21  indemnification from audit liabilities to regional workforce

22  development boards that act in full compliance with state law

23  and the board's policies.

24         (b)  The Workforce Development Board may negotiate and

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

26  Labor relating to decisions made by the Workforce Development

27  Board and the Legislature with regard to the Job Training

28  Partnership Act, making settlements and closing out all JTPA

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

30  2000.

31

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  1         (c)  The Workforce Development Board may make

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

  3  comply with federally mandated requirements that in its

  4  judgment must be complied with to maintain funding provided

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

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

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

  8  such changes or modifications.

  9         (5)  The Department of Labor and Employment Security

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

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

12  be promptly closed out after this date.

13         (6)  LONG-TERM CONSOLIDATION OF WORKFORCE

14  DEVELOPMENT.--

15         (a)  The Workforce Development Board may recommend

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

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

18  consolidated, or privatized.

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

20  Analysis and Government Accountability shall review the

21  workforce development system, identifying divisions, bureaus,

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

23  that could be eliminated, consolidated, or privatized.

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

25  Education and the Department of Elderly Affairs shall keep any

26  unexpended JTPA Section 123 (Education Coordination) or JTPA

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

28  education and coordination activities. The Workforce

29  Development Board shall develop guidelines under which the

30  departments may negotiate with the regional workforce

31  development boards to provide continuation of activities and

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  1  services currently conducted with the JTPA Section 123 or JTPA

  2  IIA funds.

  3         Section 9.  Section 288.9957, Florida Statutes, is

  4  created to read:

  5         288.9957  Florida Youth Workforce Council.--

  6         (1)  The chairman of the Workforce Development Board

  7  shall designate the Florida Youth Workforce Council from

  8  representatives of public and private groups, including but

  9  not limited to, School-To-Work Advisory Councils, Childrens'

10  Services Councils, Juvenile Welfare Boards, the Apprenticeship

11  Council, Juvenile Justice Advisory Boards, and other federal

12  and state programs that target youth, to advise the board on

13  youth programs and to implement Workforce Development Board

14  strategies for young people.

15         (2)  The Florida Youth Workforce Council shall oversee

16  the development of regional youth workforce councils, as a

17  subgroup of each regional workforce development board, which

18  will be responsible for developing required local plans

19  relating to youth, recommending providers of youth activities

20  to be awarded grants by the regional workforce development

21  board, conducting oversight of these providers, and

22  coordinating youth activities in the region.

23         (3)  Resources awarded to regions for youth activities

24  shall fund community activities including the Minority Teacher

25  Education Scholars program, the Certified Teacher-Aide

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

27  Military Affairs, as well as other programs designed and

28  tailored by the regional youth workforce council and regional

29  workforce development board.

30         (4)  Regional youth workforce councils must leverage

31  other program funds in order to enlist youth workforce program

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  1  stakeholders in their community in upgrading each

  2  stakeholder's effectiveness through collaborative planning,

  3  implementation, and funding.

  4         (5)  The Florida Youth Workforce Council shall report

  5  annually by December 1 to the Workforce Development Board the

  6  total aggregate funding impact of this effort, including the

  7  inventory of collaborative funding partners in each region and

  8  their contributions.

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

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

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

12  through performance payments for outcomes specified by the

13  Workforce Development Board.

14         Section 10.  Section 288.9958, Florida Statutes, is

15  created to read:

16         288.9958  Employment, Occupation, and Performance

17  Information Coordinating Committee.--

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

19  Development Board shall appoint an Employment, Occupation, and

20  Performance Information Coordinating Committee, which shall

21  assemble all employment, occupational, and performance

22  information from workforce development partners into a single

23  integrated informational system. The committee shall include

24  representatives from the Bureau of Labor Market and

25  Performance Information, Florida Education and Training

26  Placement Information Program, and the State Occupational

27  Forecasting Conference, as well as other public or private

28  members with information expertise.

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

30  provision of data necessary for planning, consumer reports,

31  and performance accountability reports necessary for the

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

  2  local board program assessment, completing these tasks no

  3  later than October 1, 1999.

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

  5  outcome measures that enable an assessment of the Workforce

  6  Development Board's coordinating and oversight

  7  responsibilities.

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

  9  integrated and comprehensive accountability system that can be

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

11  workforce development system as required by state law.

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

13  the Workforce Development Board may direct the Department of

14  Labor and Employment Security, the Department of Education,

15  and the Department of Children and Family Services to provide

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

17  deems necessary until June 30, 2000.

18         Section 11.  Section 288.9959, Florida Statutes, is

19  created to read:

20         288.9959  Operational Design and Technology Procurement

21  Committee.--

22         (1)  The chairman of the Workforce Development Board

23  shall appoint an Operational Design and Technology Procurement

24  Committee, which shall assemble representatives from the

25  regional workforce development boards, board staff, and the

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

27  develop a model operational design and technology procurement

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

29  from region to region are consistent for customers, that

30  customer service technology is compatible, and that

31

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  1  procurement expenditures, where possible, are aggregated to

  2  obtain economies and efficiencies.

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

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

  5  the design and delivery of customer reports on eligible

  6  training providers; on the design of Intensive Services

  7  Accounts, Individual Training Accounts, and Individual

  8  Development Accounts; on enhancing availability of electronic

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

10  of One-Stop Career Center model operating procedures.

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

12  the Workforce Development Board may direct the Department of

13  Labor and Employment Security, the Department of Education,

14  and the Department of Children and Family Services to provide

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

16  deems necessary until June 30, 2000.

17         Section 12.  Subsection (2) of section 288.901, Florida

18  Statutes, is amended to read:

19         288.901  Enterprise Florida, Inc.; creation;

20  membership; organization; meetings; disclosure.--

21         (2)  Enterprise Florida, Inc., shall establish one or

22  more corporate offices, at least one of which shall be located

23  in Leon County. Persons employed by the Department of Commerce

24  on the day prior to July 1, 1996, whose jobs are privatized,

25  shall be given preference, if qualified, for similar jobs at

26  Enterprise Florida, Inc.  When practical, those jobs shall be

27  located in Leon County. All available resources, including

28  telecommuting, must be employed to minimize the negative

29  impact on the Leon County economy caused by job losses

30  associated with the privatization of the Department of

31  Commerce. The Department of Management Services may establish

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  1  a lease agreement program under which Enterprise Florida,

  2  Inc., may hire any individual who, as of June 30, 1996, is

  3  employed by the Department of Commerce or who, as of January

  4  1, 1997, is employed by the Executive Office of the Governor

  5  and has responsibilities specifically in support of the

  6  Workforce Development Board established under s. 288.9952 s.

  7  288.9620. Under such agreement, the employee shall retain his

  8  or her status as a state employee but shall work under the

  9  direct supervision of Enterprise Florida, Inc. Retention of

10  state employee status shall include the right to participate

11  in the Florida Retirement System. The Department of Management

12  Services shall establish the terms and conditions of such

13  lease agreements.

14         Section 13.  Subsection (5) of section 288.902, Florida

15  Statutes, is amended to read:

16         288.902  Enterprise Florida Nominating Council.--

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

18  288.9412, 288.9512, and 288.9611, and 288.9620 regarding the

19  process of selecting nominees for a board, all nominations

20  shall be conducted in accordance with the provisions of this

21  section.  All statutory requirements of board members and all

22  statutory requirements regarding the composition of all boards

23  shall be considered and complied with throughout the

24  nominating process.

25         Section 14.  Paragraph (a) of subsection (2) of section

26  414.026, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         414.026  WAGES Program State Board of Directors.--

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

30  following members:

31

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  1         1.  The Commissioner of Education, or the

  2  commissioner's designee.

  3         2.  The Secretary of Children and Family Services.

  4         3.  The Secretary of Health.

  5         4.  The Secretary of Labor and Employment Security.

  6         5.  The Secretary of Community Affairs.

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

  8  designee.

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

10  Economic Development.

11         8.  The president of the Enterprise Florida workforce

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

13         9.  The chief executive officer of the Florida Tourism

14  Industry Marketing Corporation, established under s. 288.1226.

15         10.  Nine members appointed by the Governor, as

16  follows:

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

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

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

20  House of Representatives. The list of five nominees submitted

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

22  Representatives must each contain at least three individuals

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

24  management experience. One of the five nominees submitted by

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

26  submitted by the Speaker of the House of Representatives must

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

28  ex officio nonvoting member.

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

30  by the Governor.

31

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

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

  3  at least five must have management experience.

  4

  5  The members appointed by the Governor shall be appointed to

  6  4-year, staggered terms. Within 60 days after a vacancy occurs

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

  8  appointed from the nominees submitted by the President of the

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

10  remainder of the unexpired term from one nominee submitted by

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

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

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

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

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

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

17  diversity of the state as a whole.

18         Section 15.  Sections 446.20, 446.205, 446.605, and

19  446.606, Florida Statutes, are repealed effective June 30,

20  2000.

21         Section 16.  This act shall take effect upon becoming a

22  law.

23

24

25

26

27

28

29

30

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 252

  3

  4  This committee substitute provides specifications for
    Florida's implementation of the federal Workforce Investment
  5  Act of 1998, consolidates Florida statutes regarding workforce
    development in a distinct part of the statutes, and
  6  reauthorizes language from the Workforce Florida Act of 1996
    inadvertently omitted from current law. Specifically, the
  7  major provisions of the committee substitute:

  8        Transfer administration of employment services from the
          Department of Labor and Employment Security to the
  9        regional workforce development boards.

10        Provide for Intensive Service Accounts and Individual
          Training Accounts based on an implementation plan,
11        including identification of initially eligible training
          providers, transition guidelines, and criteria for use
12        of these accounts by the Workforce Development Board.
          Regional workforce development boards, in consultation
13        with training providers, must establish a fair market
          purchase price for each training program to be paid
14        through an Individual Training Account.

15        Provide that the membership composition of the Workforce
          Development Board and regional workforce development
16        boards must be in compliance with the federal Workforce
          Investment Act.
17
          Provide that the Workforce Development Board will
18        contract with an administrative entity for the
          dispersement of Workforce Investment Act funds,
19        including Rapid Response funds, to the regional
          workforce development boards.
20
          Provide for the allocation of Workforce Investment Act
21        funds, including ten percent of youth funding which must
          be used as performance payments for public schools'
22        dropout prevention programs.

23  This committee substitute amends ss. 446.601, 446.604,
    288.9620, 446.602, 446.607, 446.603, 288.901, 288.902, and
24  414.026; creates ss. 288.9956, 288.9957, 288.9958, and
    288.9959; and repeals ss. 446.20, 446.205, 446.605, and
25  446.606, Florida Statutes.

26

27

28

29

30

31

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