Senate Bill 0252c2
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Florida Senate - 1999 CS for CS for SB 252
By the Committees on Fiscal Policy; Commerce and Economic
Opportunities; and Senator Kirkpatrick
309-1991-99
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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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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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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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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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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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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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) Notwithstanding any other provision of law, by
31 October 1, 1999, regional workforce development boards shall
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1 assume responsibility and contract for the delivery, through
2 One-Stop Career Center operators, of employment services
3 authorized by Wagner-Peyser. By July 1, 1999, each regional
4 workforce development board shall develop a transition plan to
5 be approved by the Workforce Development 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. Of the funds
29 reserved for activities of the Workforce Investment Act at the
30 state level, $500,000 shall be reserved for an institute of
31 applied technology in construction excellence, which shall be
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1 a demonstration project on the development of such institutes.
2 The institute, once established, shall contract with the
3 Workforce Development Board to provide a coordinated approach
4 to workforce development in this industry.
5 (e) A system to project and evaluate labor market
6 supply and demand using the results of the Occupational
7 Forecasting Conference created in s. 216.136 and the career
8 education performance standards identified under s. 239.233.
9 (f) A review of the performance of public programs
10 that are responsible for economic development, education,
11 employment, and training. The review must include an analysis
12 of the return on investment of these programs.
13 (7) By December 1 of each year, Enterprise Florida,
14 Inc., shall submit to the Governor, the President of the
15 Senate, the Speaker of the House of Representatives, the
16 Senate Minority Leader, and the House Minority Leader a
17 complete and detailed report by the Workforce Development
18 Board setting forth:
19 (a) The audit in subsection (8), if conducted.
20 (b) The operations and accomplishments of the
21 partnership including the programs or entities listed in
22 subsection (6).
23 (8) The Auditor General may, pursuant to his or her
24 own authority or at the direction of the Legislative Auditing
25 Committee, conduct an audit of the Workforce Development Board
26 or the programs or entities created by the Workforce
27 Development Board.
28 (9) The Workforce Development Board, in collaboration
29 with the regional workforce development boards, the Office of
30 Program Policy Analysis and Government Accountability, and
31 appropriate state agencies and local public and private
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1 service providers, shall establish uniform measures and
2 standards to gauge the performance of the workforce
3 development strategy. These measures and standards must be
4 organized into three outcome tiers.
5 (a) The first tier of measures must be organized to
6 provide benchmarks for system-wide outcomes. The Workforce
7 Development Board must, in collaboration with the Office of
8 Program Policy Analysis and Government Accountability,
9 establish goals for the tier-one outcomes. System-wide
10 outcomes may include employment in occupations demonstrating
11 continued growth in wages; continued employment after 3, 6,
12 12, and 24 months; reduction in and elimination of public
13 assistance reliance; job placement; employer satisfaction; and
14 positive return on investment of public resources.
15 (b) The second tier of measures must be organized to
16 provide a set of benchmark outcomes for One-Stop Career
17 Centers and each of the strategic components of the workforce
18 development strategy. A set of standards and measures must be
19 developed for One-Stop Career Centers, youth employment
20 activities, WAGES, and High Skills/High Wages, targeting the
21 specific goals of each particular strategic component. Cost
22 per entered employment, earnings at placement, retention in
23 employment, job placement, and entered employment rate must be
24 included among the performance outcome measures.
25 1. Appropriate measures for One-Stop Career Centers
26 may include direct job placements at minimum wage, at a wage
27 level established by the Occupational Forecasting Conference,
28 and at a wage level above the level established by the
29 Occupational Forecasting Conference.
30 2. Appropriate measures for youth employment
31 activities may include the number of students enrolling in and
21
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1 completing work-based programs, including apprenticeship
2 programs; job placement rate; job retention rate; wage at
3 placement; and wage growth.
4 3. WAGES measures may include job placement rate, job
5 retention rate, wage at placement, wage growth, reduction and
6 elimination of reliance on public assistance, and savings
7 resulting from reduced reliance on public assistance.
8 4. High Skills/High Wages measures may include job
9 placement rate, job retention rate, wage at placement, and
10 wage growth.
11 (c) The third tier of measures must be the operational
12 output measures to be used by the agency implementing
13 programs, and it may be specific to federal requirements. The
14 tier-three measures must be developed by the agencies
15 implementing programs, and the Workforce Development Board may
16 be consulted in this effort. Such measures must be reported to
17 the Workforce Development Board by the appropriate
18 implementing agency.
19 (d) Regional differences must be reflected in the
20 establishment of performance goals and may include job
21 availability, unemployment rates, average worker wage, and
22 available employable population. All performance goals must be
23 derived from the goals, principles, and strategies established
24 in the Workforce Florida Act of 1996.
25 (e) Job placement must be reported pursuant to s.
26 229.8075. Positive outcomes for providers of education and
27 training must be consistent with ss. 239.233 and 239.245.
28 (f) The uniform measures of success that are adopted
29 by the Workforce Development Board or the regional workforce
30 development boards must be developed in a manner that provides
31
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1 for an equitable comparison of the relative success or failure
2 of any service provider in terms of positive outcomes.
3 (g) By October 15 of each year, the Workforce
4 Development Board shall provide the Legislature with a report
5 detailing the performance of Florida's workforce development
6 system, as reflected in the three-tier measurement system.
7 Additionally, this report must benchmark Florida outcomes, at
8 all tiers, against other states that collect data similarly.
9 Section 5. Section 446.602, Florida Statutes, is
10 transferred, renumbered as section 288.9953, Florida Statutes,
11 and amended to read:
12 288.9953 446.602 Regional Workforce Development
13 Boards.--
14 (1) One regional workforce development board Regional
15 Workforce Development Board shall be appointed in each
16 designated service delivery area and shall serve as the local
17 workforce investment board pursuant to Pub. L. No. 105-220.
18 The membership and responsibilities of the board shall be
19 consistent with Pub. L. No. 105-220, Title I, s. 117(b). A
20 member of a regional workforce development board may not vote
21 on a matter under consideration by the board regarding the
22 provision of services by such member, or by an entity that
23 such member represents; vote on a matter that would provide
24 direct financial benefit to such member or the immediate
25 family of such member; or engage in any other activity
26 determined by the Governor to constitute a conflict of
27 interest as specified in the state plan. 97-300, as amended.
28 The board shall be appointed by the chief elected official or
29 his or her designee of the local county or city governing
30 bodies or consortiums of county and/or city governmental units
31 that exist through interlocal agreements and shall include:
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1 (a) At least 51 percent of the members of each board
2 being from the private sector and being chief executives,
3 chief operating officers, owners of business concerns, or
4 other private sector executives with substantial management or
5 policy responsibility.
6 (b) Representatives of organized labor and
7 community-based organizations, who shall constitute not less
8 than 15 percent of the board members.
9 (c) Representatives of educational agencies, including
10 presidents of local community colleges, superintendents of
11 local school districts, licensed private postsecondary
12 educational institutions participating in vocational education
13 and job training in the state and conducting programs on the
14 Occupational Forecasting Conference list or a list validated
15 by the Regional Workforce Development Board; vocational
16 rehabilitation agencies; economic development agencies; public
17 assistance agencies; and public employment service. One of
18 the representatives from licensed private postsecondary
19 educational institutions shall be from a degree-granting
20 institution, and one from an institution offering certificate
21 or diploma programs. One of these members shall be a
22 nonprofit, community-based organization which provides direct
23 job training and placement services to hard-to-serve
24 individuals including the target population of people with
25 disabilities.
26
27 The current Private Industry Council may be restructured, by
28 local agreement, to meet the criteria for a Regional Workforce
29 Development Board.
30 (2) The Workforce Development Board will determine the
31 timeframe and manner of changes to the regional workforce
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1 development boards as required by this act and Pub. L. No.
2 105-220.
3 (3) The Workforce Development Board shall assign staff
4 to meet with each regional workforce development board
5 annually to review the board's performance and to certify that
6 the board is in compliance with applicable state and federal
7 law.
8 (4)(2) In addition to the duties and functions
9 specified by the Workforce Development Board Enterprise
10 Florida Jobs and Education Partnership and by the interlocal
11 agreement approved by the local county or city governing
12 bodies, the regional workforce development board Regional
13 Workforce Development Board shall have the following
14 responsibilities:
15 (a) Develop, submit, ratify, or amend Review, approve,
16 and ratify the local Job Training Partnership Act plan
17 pursuant to Pub. L. No. 105-220, Title I, s. 118 which also
18 must be signed by the chief elected officials.
19 (b) Conclude agreements necessary to designate the
20 fiscal agent and administrative entity.
21 (c) Complete assurances required for the Workforce
22 Development Board Enterprise Florida Jobs and Education
23 Partnership charter process and provide ongoing oversight
24 related to administrative costs, duplicated services, career
25 counseling, economic development, equal access, compliance and
26 accountability, and performance outcomes.
27 (d) Oversee One-Stop Career Centers in its local area.
28 (5)(3) The Workforce Development Board Enterprise
29 Florida Jobs and Education Partnership shall, by January 1,
30 1997, design and implement a training program for the regional
31 workforce development boards Regional Workforce Development
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1 Boards to familiarize board members with the state's workforce
2 development goals and strategies.
3
4 The regional workforce development board Regional Workforce
5 Development Board shall designate all local service providers
6 and shall not transfer this authority to a third party. In
7 order to exercise independent oversight, the regional
8 workforce development board Regional Workforce Development
9 Board shall not be a direct provider of intake, assessment,
10 eligibility determinations, or other direct provider services.
11 (6) Regional workforce development boards may appoint
12 local committees to obtain technical assistance on issues of
13 importance, including those issues affecting older workers.
14 (7) Each regional workforce development board shall
15 establish a high skills/high wages committee consisting of
16 five private-sector business representatives, including the
17 regional workforce development board chair; the presidents of
18 all community colleges within the board's region; and those
19 district school superintendents with authority for conducting
20 postsecondary educational programs within the region. The
21 business representatives other than the board chair need not
22 be members of the regional workforce development board.
23 (a) During fiscal year 1999-2000, each high
24 skills/high wages committee shall submit, quarterly,
25 recommendations to the Workforce Development Board related to:
26 1. Policies to enhance the responsiveness of high
27 skills/high wages programs in its region to business and
28 economic development opportunities.
29 2. Integrated use of state education and federal
30 workforce development funds to enhance the training and
31
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1 placement of designated population individuals with local
2 businesses and industries.
3 (b) After fiscal year 1999-2000, the Workforce
4 Development Board has the discretion to decrease the frequency
5 of reporting by the high skills/high wages committees, but the
6 committees shall meet and submit any recommendations at least
7 annually.
8 (c) Annually, the Workforce Development Board shall
9 compile all the recommendations of the high skills/high wages
10 committees, research their feasibility, and make
11 recommendations to the Governor, the President of the Senate,
12 and the Speaker of the House of Representatives.
13 Section 6. Section 446.607, Florida Statutes, is
14 transferred, renumbered as section 288.9954, Florida Statutes,
15 and amended to read:
16 288.9954 446.607 Consultation, consolidation, and
17 coordination.--The Workforce Development Board Enterprise
18 Florida Jobs and Education Partnership and the WAGES Program
19 State Board of Directors any state public assistance policy
20 board established pursuant to law shall consult with each
21 other in developing each of their statewide implementation
22 plans and strategies. The regional workforce development
23 boards Regional Workforce Development Boards and local WAGES
24 coalitions any local public assistance policy boards
25 established pursuant to law may elect to consolidate into one
26 board provided that the consolidated board membership complies
27 with the requirements of Pub. L. No. 105-220, Title I, s.
28 117(b) 97-300, as amended, and with any other law delineating
29 the membership requirements for either of the separate boards.
30 The regional workforce development boards Regional Workforce
31 Development Boards and local WAGES coalitions any respective
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1 local public assistance policy board established pursuant to
2 law shall collaboratively coordinate, to the maximum extent
3 possible, the local services and activities provided by and
4 through each of these boards and coalitions and their
5 designated local service providers.
6 Section 7. Section 446.603, Florida Statutes, is
7 transferred, renumbered as section 288.9955, Florida Statutes,
8 and amended to read:
9 288.9955 446.603 Untried Worker Placement and
10 Employment Incentive Act.--
11 (1) This section may be cited as the "Untried Worker
12 Placement and Employment Incentive Act."
13 (2) For purposes of this section, the term "untried
14 worker" means a person who is a hard-to-place participant in
15 the Work and Gain Economic Self-sufficiency Program (WAGES)
16 welfare-to-work programs of the Department of Labor and
17 Employment Security or the Department of Health and
18 Rehabilitative Services because he or she has they have
19 limitations associated with the long-term receipt of welfare
20 and difficulty in sustaining employment, particularly because
21 of physical or mental disabilities.
22 (3) The Department of Labor and Employment Security
23 and the Department of Health and Rehabilitative Services,
24 working with the Enterprise Florida Jobs and Education
25 Partnership, shall develop five Untried Worker Placement and
26 Employment Incentive pilot projects in at least five different
27 counties.
28 (3)(4) Incentive In these pilots, incentive payments
29 may will be made to for-profit or not-for-profit agents
30 selected by local WAGES coalitions the Regional Workforce
31 Development Boards who successfully place untried workers in
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1 full-time employment for 6 months with an employer after the
2 employee successfully completes a probationary placement of no
3 more than 6 months with that employer. Full-time employment
4 that includes health care benefits will receive an additional
5 incentive payment.
6 (4)(5) The for-profit and not-for-profit agents shall
7 contract to provide services for no more than 1 year.
8 Contracts may be renewed upon successful review by the
9 contracting agent.
10 (5)(6) Incentives must be paid according to the The
11 Department of Labor and Employment Security and the Department
12 of Health and Rehabilitative Services, working with the
13 Enterprise Florida Jobs and Education Partnership, shall
14 develop an incentive schedule developed by the Department of
15 Labor and Employment Security and the Department of Children
16 and Family Services which that costs the state less per
17 placement than the state's 12-month expenditure on a welfare
18 recipient.
19 (6)(7) During an untried worker's probationary
20 placement, the for-profit or not-for-profit agent shall be the
21 employer of record of that untried worker, and shall provide
22 workers' compensation and unemployment compensation coverage
23 as provided by law. The business employing the untried worker
24 through the agent may be eligible to apply for any tax
25 credits, wage supplementation, wage subsidy, or employer
26 payment for that employee that are authorized in law or by
27 agreement with the employer. After satisfactory completion of
28 such a probationary period, an untried worker shall not be
29 considered an untried worker.
30 (7)(8) This section shall not be used for the purpose
31 of displacing or replacing an employer's regular employees,
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1 and shall not interfere with executed collective bargaining
2 agreements. Untried workers shall be paid by the employer at
3 the same rate as similarly situated and assessed workers in
4 the same place of employment.
5 (8)(9) An employer that demonstrates a pattern of
6 unsuccessful placements shall be disqualified from
7 participation in these pilots because of poor return on the
8 public's investment.
9 (9)(10) The Department of Labor and Employment
10 Security and the Department of Health and Rehabilitative
11 Services, working with the Enterprise Florida Jobs and
12 Education Partnership, may offer to Any employer that chooses
13 to employ untried workers is eligible to receive such
14 incentives and benefits that are available and provided in
15 law, as long as the long-term, cost savings can be quantified
16 with each such additional inducement.
17 (11) Unless otherwise reenacted, this section shall be
18 repealed on July 1, 1999.
19 Section 8. Section 288.9956, Florida Statutes, is
20 created to read:
21 288.9956 Implementation of the federal Workforce
22 Investment Act of 1998.--
23 (1) WORKFORCE INVESTMENT ACT PRINCIPLES.--The state's
24 approach to implementing the federal Workforce Investment Act
25 of 1998, Pub. L. No. 105-220, should have six elements:
26 (a) Streamlining Services--Florida's employment and
27 training programs must be coordinated and consolidated at
28 locally managed One-Stop Career Centers.
29 (b) Empowering Individuals--Eligible participants will
30 make informed decisions, choosing the qualified training
31 program that best meets their needs.
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1 (c) Universal Access--Through One-Stop Career Centers,
2 every Floridian will have access to employment services.
3 (d) Increased Accountability--The state, localities,
4 and training providers will be held accountable for their
5 performance.
6 (e) Local Board and Private Sector Leadership--Local
7 boards will focus on strategic planning, policy development,
8 and oversight of the local system, choosing local managers to
9 direct the operational details of their One-Stop Career
10 Centers.
11 (f) Local Flexibility and Integration--Localities will
12 have exceptional flexibility to build on existing reforms.
13 Unified planning will free local groups from conflicting
14 micro-management, while waivers and WorkFlex will allow local
15 innovations.
16 (2) FIVE-YEAR PLAN.--The Workforce Development Board
17 shall prepare and submit a 5-year plan, which includes
18 secondary vocational education, to fulfill the early
19 implementation requirements of Pub. L. No. 105-220 and
20 applicable state statutes. Mandatory federal partners and
21 optional federal partners, including the WAGES Program State
22 Board of Directors, shall be fully involved in designing the
23 plan's One-Stop Career Center system strategy. The plan shall
24 detail a process to clearly define each program's statewide
25 duties and role relating to the system. Any optional federal
26 partner may immediately choose to fully integrate its
27 program's plan with this plan, which shall, notwithstanding
28 any other state provisions, fulfill all their state planning
29 and reporting requirements as they relate to One-Stop Career
30 Centers. The plan shall detail a process that would fully
31 integrate all federally mandated and optional partners by the
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1 second year of the plan. All optional federal program partners
2 in the planning process shall be mandatory participants in the
3 second year of the plan.
4 (3) FUNDING.--
5 (a) Title I, Workforce Investment Act of 1998 funds;
6 Wagner-Peyser funds; and NAFTA/Trade Act funds will be
7 expended based on the Workforce Development Board's 5-year
8 plan. The plan shall outline and direct the method used to
9 administer and coordinate various funds and programs that are
10 operated by various agencies. The following provisions shall
11 also apply to these funds:
12 1. At least 50 percent of the Title I funds for Adults
13 and Dislocated Workers that are passed through to regional
14 workforce development boards shall be allocated to Individual
15 Training Accounts unless a regional workforce development
16 board obtains a waiver from the Workforce Development Board.
17 Tuition, fees, and performance-based incentive awards paid in
18 compliance with Florida's Performance-Based Incentive Fund
19 Program qualify as an Individual Training Account expenditure,
20 as do other programs developed by regional workforce
21 development boards in compliance with the Workforce
22 Development Board's policies.
23 2. Twenty-five percent of Wagner-Peyser funds shall be
24 allocated to Intensive Services Accounts unless a regional
25 workforce development board obtains a waiver from the
26 Workforce Development Board. Except where prohibited by
27 federal law, or approved by the Workforce Development Board,
28 all core services provided pursuant to Pub. L. No. 105-220
29 shall be funded using Wagner-Peyser funds.
30 3. Fifteen percent of Title I funding shall be
31 retained at the state level and shall be dedicated to state
32
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1 administration and used to design, develop, induce, and fund
2 innovative Individual Training Account pilots, demonstrations,
3 and programs. Eligible state administration costs include the
4 costs of: funding of the Workforce Development Board and
5 Workforce Development Board's staff; operating fiscal,
6 compliance, and management accountability systems through the
7 Workforce Development Board; conducting evaluation and
8 research on workforce development activities; and providing
9 technical and capacity building assistance to regions at the
10 direction of the Workforce Development Board. Notwithstanding
11 s. 288.9952, such administrative costs shall not exceed 25
12 percent of these funds. Seventy percent of these funds shall
13 be allocated to Individual Training Accounts for: the Minority
14 Teacher Education Scholars program, the Certified Teacher-Aide
15 program, the Self-Employment Institute, and other Individual
16 Training Accounts designed and tailored by the Workforce
17 Development Board, including, but not limited to, programs for
18 incumbent workers, displaced homemakers, nontraditional
19 employment, empowerment zones, and enterprise zones. The
20 Workforce Development Board shall design, adopt, and fund
21 Individual Training Accounts for distressed urban and rural
22 communities. The remaining 5 percent shall be reserved for the
23 Incumbent Worker Training Program.
24 4. The Incumbent Worker Training Program is created
25 for the purpose of providing grant funding for continuing
26 education and training of incumbent employees at existing
27 Florida businesses. The program will provide reimbursement
28 grants to businesses that pay for preapproved, direct,
29 training-related costs.
30 a. The Incumbent Worker Training Program will be
31 administered by a private business organization, known as the
33
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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, businesses in distressed
10 inner-city areas, or businesses whose grant proposals
11 represent a significant upgrade in employee skills.
12 c. All costs reimbursed by the program must be
13 preapproved by the grant administrator. The program will not
14 reimburse businesses for trainee wages, the purchase of
15 capital equipment, or the purchase of any item or service that
16 may possibly be used outside the training project. A business
17 approved for a grant may be reimbursed for preapproved,
18 direct, training-related costs including tuition and fees;
19 books and classroom materials; and administrative costs not to
20 exceed 5 percent of the grant amount.
21 d. A business that is selected to receive grant
22 funding must provide a matching contribution to the training
23 project, including but not limited to, wages paid to trainees
24 or the purchase of capital equipment used in the training
25 project; must sign an agreement with the grant administrator
26 to complete the training project as proposed in the
27 application; must keep accurate records of the project's
28 implementation process; and must submit monthly or quarterly
29 reimbursement requests with required documentation.
30 e. All Incumbent Worker Training Program grant
31 projects shall be performance-based with specific measurable
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1 performance outcomes, including completion of the training
2 project and job retention. The grant administrator shall
3 withhold the final payment to the grantee until a final grant
4 report is submitted and all performance criteria specified in
5 the grant contract have been achieved.
6 f. The Workforce Development Board is authorized to
7 establish guidelines necessary to implement the Incumbent
8 Worker Training Program.
9 g. No more than 10 percent of the Incumbent Worker
10 Training Program's appropriation may be used for
11 administrative purposes.
12 h. The grant administrator is required to submit a
13 report to the Workforce Development Board and the Legislature
14 on the financial and general operations of the Incumbent
15 Worker Training Program. Such report will be due before
16 December 1 of any fiscal year for which the program is funded
17 by the Legislature.
18 5. At least 50 percent of Rapid Response funding shall
19 be dedicated to Intensive Services Accounts and Individual
20 Training Accounts for dislocated workers and incumbent workers
21 who are at risk of dislocation. The Workforce Development
22 Board shall also maintain an Emergency Preparedness Fund from
23 Rapid Response funds which will immediately issue Intensive
24 Service Accounts and Individual Training Accounts as well as
25 other federally authorized assistance to eligible victims of
26 natural or other disasters. The state shall retain a limited
27 reserve of Rapid Response funds for rapid response activities
28 at the state level. All Rapid Response funds must be expended
29 based on a plan developed by the Workforce Development Board.
30 (b) The administrative entity for Title I, Workforce
31 Investment Act of 1998 funds, including Rapid Response
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1 activities, will be determined by the Workforce Development
2 Board. The administrative entity will provide services
3 through a contractual agreement with the Workforce Development
4 Board. The terms and conditions of the agreement may include,
5 but are not limited to, the following:
6 1. All policy direction to regional workforce
7 development boards regarding Title I programs shall emanate
8 from the Workforce Development Board.
9 2. Any policies by a state agency acting as an
10 administrative entity which may materially impact local
11 workforce boards, local governments, or educational
12 institutions must be promulgated under chapter 120.
13 3. The administrative entity will operate under a
14 procedures manual, approved by the Workforce Development
15 Board, addressing: financial services including cash
16 management, accounting, and auditing; procurement; management
17 information system services; and federal and state compliance
18 monitoring, including quality control.
19 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
20 MODIFICATIONS.--
21 (a) The Workforce Development Board may provide
22 indemnification from audit liabilities to regional workforce
23 development boards that act in full compliance with state law
24 and the board's policies.
25 (b) The Workforce Development Board may negotiate and
26 settle all outstanding issues with the U.S. Department of
27 Labor relating to decisions made by the Workforce Development
28 Board and the Legislature with regard to the Job Training
29 Partnership Act, making settlements and closing out all JTPA
30 program year grants before the repeal of the act June 30,
31 2000.
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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 distressed inner-city and rural communities
9 who have demonstrated experience working with at-risk youth,
10 and representatives of public and private groups, including,
11 but not limited to, School-to-Work Advisory Councils, the
12 National Guard, Childrens' Services Councils, Juvenile Welfare
13 Boards, the Apprenticeship Council, Juvenile Justice Advisory
14 Boards, and other federal and state programs that target
15 youth, to advise the board on youth programs and to implement
16 Workforce Development Board strategies for young people.
17 (2) The Florida Youth Workforce Council shall oversee
18 the development of regional youth workforce councils, as a
19 subgroup of each regional workforce development board, which
20 will be responsible for developing required local plans
21 relating to youth, recommending providers of youth activities
22 to be awarded grants by the regional workforce development
23 board, conducting oversight of these providers, and
24 coordinating youth activities in the region.
25 (3) Resources awarded to regions for youth activities
26 shall fund community activities including the Minority Teacher
27 Education Scholars program, the Certified Teacher-Aide
28 program, and the "About Face" program of the Department of
29 Military Affairs, as well as other programs designed and
30 tailored by the regional youth workforce council and regional
31 workforce development board.
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1 (4) Regional youth workforce councils must leverage
2 other program funds in order to enlist youth workforce program
3 stakeholders in their community in upgrading each
4 stakeholder's effectiveness through collaborative planning,
5 implementation, and funding.
6 (5) The Florida Youth Workforce Council shall report
7 annually by December 1 to the Workforce Development Board the
8 total aggregate funding impact of this effort, including the
9 inventory of collaborative funding partners in each region and
10 their contributions.
11 (6) Ten percent of youth funds allocated under Pub. L.
12 No. 105-220 to the regional workforce development boards shall
13 be used to leverage public schools' dropout-prevention funds
14 through performance payments for outcomes specified by the
15 Workforce Development Board.
16 Section 10. Section 288.9958, Florida Statutes, is
17 created to read:
18 288.9958 Employment, Occupation, and Performance
19 Information Coordinating Committee.--
20 (1) By July 15, 1999, the chairman of the Workforce
21 Development Board shall appoint an Employment, Occupation, and
22 Performance Information Coordinating Committee, which shall
23 assemble all employment, occupational, and performance
24 information from workforce development partners into a single
25 integrated informational system. The committee shall include
26 representatives from the Bureau of Labor Market and
27 Performance Information, Florida Education and Training
28 Placement Information Program, and the State Occupational
29 Forecasting Conference, as well as other public or private
30 members with information expertise.
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1 (2) The committee shall initially focus on the timely
2 provision of data necessary for planning, consumer reports,
3 and performance accountability reports necessary for the
4 selection of training service providers, as well as state and
5 local board program assessment, completing these tasks no
6 later than October 1, 1999.
7 (3) By December 1, 1999, the committee shall establish
8 outcome measures that enable an assessment of the Workforce
9 Development Board's coordinating and oversight
10 responsibilities.
11 (4) By June 30, 2000, the committee shall develop an
12 integrated and comprehensive accountability system that can be
13 used to evaluate and report on the effectiveness of Florida's
14 workforce development system as required by state law.
15 (5) To ensure the fulfillment of these requirements,
16 the Workforce Development Board may direct the Department of
17 Labor and Employment Security, the Department of Education,
18 and the Department of Children and Family Services to provide
19 such services and assign such staff to this committee as it
20 deems necessary until June 30, 2000.
21 Section 11. Section 288.9959, Florida Statutes, is
22 created to read:
23 288.9959 Operational Design and Technology Procurement
24 Committee.--
25 (1) The chairman of the Workforce Development Board
26 shall appoint an Operational Design and Technology Procurement
27 Committee, which shall assemble representatives from the
28 regional workforce development boards, board staff, and the
29 staff of the WAGES State Board of Directors to design and
30 develop a model operational design and technology procurement
31 strategy for One-Stop Career Centers to ensure that services
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1 from region to region are consistent for customers, that
2 customer service technology is compatible, and that
3 procurement expenditures, where possible, are aggregated to
4 obtain economies and efficiencies.
5 (2) The committee shall initially focus on designing a
6 uniform intake procedure for all One-Stop Career Centers; on
7 the design and delivery of customer reports on eligible
8 training providers; on the design of Intensive Services
9 Accounts, Individual Training Accounts, and Individual
10 Development Accounts; on enhancing availability of electronic
11 One-Stop Career Center core services; and on the development
12 of One-Stop Career Center model operating procedures.
13 (3) To ensure the fulfillment of these requirements,
14 the Workforce Development Board may direct the Department of
15 Labor and Employment Security, the Department of Education,
16 and the Department of Children and Family Services to provide
17 such services and assign such staff to this committee as it
18 deems necessary until June 30, 2000.
19 Section 12. Subsection (2) of section 288.901, Florida
20 Statutes, is amended to read:
21 288.901 Enterprise Florida, Inc.; creation;
22 membership; organization; meetings; disclosure.--
23 (2) Enterprise Florida, Inc., shall establish one or
24 more corporate offices, at least one of which shall be located
25 in Leon County. Persons employed by the Department of Commerce
26 on the day prior to July 1, 1996, whose jobs are privatized,
27 shall be given preference, if qualified, for similar jobs at
28 Enterprise Florida, Inc. When practical, those jobs shall be
29 located in Leon County. All available resources, including
30 telecommuting, must be employed to minimize the negative
31 impact on the Leon County economy caused by job losses
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1 associated with the privatization of the Department of
2 Commerce. The Department of Management Services may establish
3 a lease agreement program under which Enterprise Florida,
4 Inc., may hire any individual who, as of June 30, 1996, is
5 employed by the Department of Commerce or who, as of January
6 1, 1997, is employed by the Executive Office of the Governor
7 and has responsibilities specifically in support of the
8 Workforce Development Board established under s. 288.9952 s.
9 288.9620. Under such agreement, the employee shall retain his
10 or her status as a state employee but shall work under the
11 direct supervision of Enterprise Florida, Inc. Retention of
12 state employee status shall include the right to participate
13 in the Florida Retirement System. The Department of Management
14 Services shall establish the terms and conditions of such
15 lease agreements.
16 Section 13. Subsection (5) of section 288.902, Florida
17 Statutes, is amended to read:
18 288.902 Enterprise Florida Nominating Council.--
19 (5) Notwithstanding the provisions of ss. 288.901,
20 288.9412, 288.9512, and 288.9611, and 288.9620 regarding the
21 process of selecting nominees for a board, all nominations
22 shall be conducted in accordance with the provisions of this
23 section. All statutory requirements of board members and all
24 statutory requirements regarding the composition of all boards
25 shall be considered and complied with throughout the
26 nominating process.
27 Section 14. Paragraph (a) of subsection (2) of section
28 414.026, Florida Statutes, 1998 Supplement, is amended to
29 read:
30 414.026 WAGES Program State Board of Directors.--
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1 (2)(a) The board of directors shall be composed of the
2 following members:
3 1. The Commissioner of Education, or the
4 commissioner's designee.
5 2. The Secretary of Children and Family Services.
6 3. The Secretary of Health.
7 4. The Secretary of Labor and Employment Security.
8 5. The Secretary of Community Affairs.
9 6. The Secretary of Transportation, or the secretary's
10 designee.
11 7. The director of the Office of Tourism, Trade, and
12 Economic Development.
13 8. The president of the Enterprise Florida workforce
14 development board, established under s. 288.9952 s. 288.9620.
15 9. The chief executive officer of the Florida Tourism
16 Industry Marketing Corporation, established under s. 288.1226.
17 10. Nine members appointed by the Governor, as
18 follows:
19 a. Six members shall be appointed from a list of ten
20 nominees, of which five must be submitted by the President of
21 the Senate and five must be submitted by the Speaker of the
22 House of Representatives. The list of five nominees submitted
23 by the President of the Senate and the Speaker of the House of
24 Representatives must each contain at least three individuals
25 employed in the private sector, two of whom must have
26 management experience. One of the five nominees submitted by
27 the President of the Senate and one of the five nominees
28 submitted by the Speaker of the House of Representatives must
29 be an elected local government official who shall serve as an
30 ex officio nonvoting member.
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1 b. Three members shall be at-large members appointed
2 by the Governor.
3 c. Of the nine members appointed by the Governor, at
4 least six must be employed in the private sector and of these,
5 at least five must have management experience.
6
7 The members appointed by the Governor shall be appointed to
8 4-year, staggered terms. Within 60 days after a vacancy occurs
9 on the board, the Governor shall fill the vacancy of a member
10 appointed from the nominees submitted by the President of the
11 Senate and the Speaker of the House of Representatives for the
12 remainder of the unexpired term from one nominee submitted by
13 the President of the Senate and one nominee submitted by the
14 Speaker of the House of Representatives. Within 60 days after
15 a vacancy of a member appointed at-large by the Governor
16 occurs on the board, the Governor shall fill the vacancy for
17 the remainder of the unexpired term. The composition of the
18 board must generally reflect the racial, gender, and ethnic
19 diversity of the state as a whole.
20 Section 15. Sections 446.20, 446.205, 446.605, and
21 446.606, Florida Statutes, are repealed effective June 30,
22 2000.
23 Section 16. This act shall take effect upon becoming a
24 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 252
3
4
Provides that the provisions of s. 288.9951, F.S., relating to
5 the transfer of employment services to the regional workforce
development boards supersede all other statutory provisions.
6
Provides that $500,000 of the Workforce Investment Act funds
7 maintained at the state level will be reserved for an
Institute of Applied Technology in construction excellence.
8
Provides that priority for funding for the Incumbent Worker
9 Training Program include businesses in distressed inner city
areas.
10
Provides that the Florida Youth Workforce Council must include
11 representation of distressed inner city and rural communities
who have demonstrated experience working with at-risk youth,
12 and representation of the National Guard.
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