Senate Bill 1096c1

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    Florida Senate - 2000                           CS for SB 1096

    By the Committee on Commerce and Economic Opportunities





    310-1705-00

  1                      A bill to be entitled

  2         An act relating to workforce development;

  3         amending s. 288.9951, F.S.; revising

  4         requirements for a memorandum of understanding

  5         governing the delivery of employment services

  6         at One-Stop Career Centers; providing for

  7         submission of employee performance reports by

  8         the One-Stop Career Center operator;

  9         prescribing elements and conditions of the

10         memorandum of understanding; authorizing

11         leasing of state employees to One-Stop Career

12         Center operators for the delivery of employment

13         services; prescribing the elements of employee

14         leasing agreements; providing for assistance

15         from the Department of Management Services with

16         such leasing agreements; providing for a review

17         by the Workforce Development Board of the

18         delivery of employment services; deleting

19         obsolete provisions; making conforming

20         revisions; providing for periodic review of

21         individual training account pricing schedules;

22         amending s. 443.181, F.S.; correcting

23         references to a division within the Department

24         of Labor and Employment Security; prescribing

25         One-Stop Career Centers as the primary system

26         for the delivery of employment services;

27         authorizing the Governor to designate the

28         Department of Management Services as an

29         alternative agency for delivery of employment

30         services; prescribing conditions and procedures

31         related to such designation; providing for

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    Florida Senate - 2000                           CS for SB 1096
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  1         memorandums of understanding in the event of

  2         such designation; providing an effective date.

  3

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

  5

  6         Section 1.  Subsections (4) and (7) and paragraph (c)

  7  of subsection (8) of section 288.9951, Florida Statutes, are

  8  amended to read:

  9         288.9951  One-Stop Career Centers.--

10         (4)  Notwithstanding any other provision of law, each

11  effective July 1, 1999, regional workforce development board

12  annually boards shall enter into a memorandum of understanding

13  with the Department of Labor and Employment Security governing

14  for the delivery of employment services authorized by the

15  federal Wagner-Peyser Act. Each For fiscal year 1999-2000, the

16  memorandum of understanding with the Department of Labor and

17  Employment Security must be performance-based, dedicating 15

18  percent of the funds to performance payments. Performance

19  payments shall be based on performance measures developed by

20  the Workforce Development Board.

21         (a)  Unless otherwise required by federal law, at least

22  90 percent of the Wagner-Peyser funding must go into direct

23  customer service costs.

24         (b)  Employment services must be provided through

25  One-Stop Career Centers, under the guidance of One-Stop Career

26  Center operators. Personnel matters shall remain under the

27  ultimate authority of the department; however, the One-Stop

28  Career Center operator shall submit to the department

29  information relating to the job performance of department

30  employees delivering employment services. The department shall

31  consider any such information submitted by the One-Stop Career

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    Florida Senate - 2000                           CS for SB 1096
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  1  Center operator in conducting performance appraisals of the

  2  employees.

  3         (c)  In addition to any elements required under s. 121

  4  of Pub. L. No. 105-220, each memorandum of understanding under

  5  this subsection, at a minimum, must specify:

  6         1.  The manner in which employment services shall be

  7  integrated into and coordinated with other services and

  8  activities performed under the management of the One-Stop

  9  Career Center operator and by the other partners in the

10  One-Stop Career Center.

11         2.  Policies and procedures governing the guidance to

12  be provided by the One-Stop Career Center operator to

13  department employees delivering employment services at the

14  One-Stop Career Center.

15         3.  Measures to assess the performance of the

16  department and department employees in delivering employment

17  services and sanctions for failure to meet such performance

18  measures. Performance measures developed under this

19  subparagraph must be consistent with the performance measures

20  developed by the Workforce Development Board under this

21  subsection.

22         (d)  As a part of the memorandum of understanding under

23  this subsection, a regional workforce development board may

24  elect to enter into an agreement with the department under

25  which department employees delivering employment services

26  shall be leased to the One-Stop Career Center operator.

27  Notwithstanding any provisions in chapter 110 to the contrary,

28  a department employee shall retain the position classification

29  as a state employee that he or she held on the day before the

30  lease agreement takes effect, as well as any state employee

31  personnel rights or benefits associated with that position

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    Florida Senate - 2000                           CS for SB 1096
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  1  classification. This lease agreement, at a minimum, must

  2  specify that:

  3         1.  The department shall retain fiscal responsibility

  4  and accountability for the administration of funds allocated

  5  to the state under the Wagner-Peyser Act.

  6         2.  The department shall retain ultimate authority over

  7  personnel matters relating to an employee covered by the lease

  8  agreement; however, the employee shall be under the day-to-day

  9  supervision of the One-Stop Career Center operator. The

10  One-Stop Career Center operator shall submit to the department

11  information relating to the job performance of department

12  employees, as provided in paragraph (b).

13         3.  An employee covered by the lease agreement who is

14  providing employment services authorized under the

15  Wagner-Peyser Act shall be paid using Wagner-Peyser Act funds.

16  An employee covered by a lease agreement under this subsection

17  also may provide services under any other federal or state

18  workforce program that is a mandatory or discretionary partner

19  at the One-Stop Career Center. However, the lease agreement

20  must provide that the employee will be compensated for the

21  provision of those services using funds appropriated for the

22  administration of the other workforce development program and

23  using cost-allocation formulas consistent with federal and

24  state law.

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26  The Department of Management Services shall assist a regional

27  workforce development board and the Department of Labor and

28  Employment Security with the implementation of the lease

29  agreement provisions under this paragraph. The Department of

30  Management Services may establish terms and conditions for

31  inclusion in such lease agreements.

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    Florida Senate - 2000                           CS for SB 1096
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  1         (e)  The Workforce Development Board, in consultation

  2  with the Office of Program Policy Analysis and Government

  3  Accountability, shall review the delivery of employment

  4  services under the Wagner-Peyser Act and the integration of

  5  those services with other activities performed at the One-Stop

  6  Career Centers and shall provide recommendations to the

  7  Legislature for improving the effectiveness of the delivery of

  8  employment services in Florida. The Workforce Development

  9  Board shall submit a report and recommendations to the

10  Governor, the President of the Senate, and the Speaker of the

11  House of Representatives by January 1, 2001.

12         (7)  Intensive services and training provided pursuant

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

14  through Intensive Service Accounts and Individual Training

15  Accounts based upon an implementation plan developed by the

16  Workforce Development Board. The Workforce Development Board

17  shall develop, by July 1, 1999, an implementation plan,

18  including identification of initially eligible training

19  providers, transition guidelines, and criteria for use of

20  these accounts. Individual Training Accounts must be

21  compatible with Individual Development Accounts for education

22  allowed in federal and state welfare reform statutes.

23         (8)

24         (c)  The Workforce Development Board periodically shall

25  review Individual Training Account pricing schedules developed

26  by regional workforce development boards and present findings

27  and recommendations for process improvement to the President

28  of the Senate and the Speaker of the House of Representatives

29  by January 1, 2000.

30         Section 2.  Subsections (1) and (3) of section 443.181,

31  Florida Statutes, are amended to read:

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    Florida Senate - 2000                           CS for SB 1096
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  1         443.181  State Employment Service.--

  2         (1)(a)  A state public employment service is hereby

  3  established in the Division of Workforce and Employment

  4  Opportunities Jobs and Benefits.  The division shall establish

  5  and maintain free public employment offices in such number and

  6  in such places as may be necessary for the proper

  7  administration of this chapter and for the purposes of

  8  performing such duties as are within the purview of the Act of

  9  Congress entitled "An Act to provide for the establishment of

10  a national employment system and for cooperation with the

11  states in the promotion of such system and for other

12  purposes," approved June 6, 1933 (48 Stat. 113; 29 U.S.C. s.

13  49(c)), as amended.  Notwithstanding any provisions in this

14  section to the contrary, the One-Stop Career Centers

15  established under Pub. L. No. 105-220 shall be the primary

16  system for delivering employment services, consistent with

17  Pub. L. No. 105-220 and s. 288.9951. It shall be the duty of

18  the division to cooperate with any official or agency of the

19  United States having power or duties under the provisions of

20  the Act of Congress, as amended, and to do and perform all

21  things necessary to secure to this state the benefits of said

22  Act of Congress, as amended, in the promotion and maintenance

23  of a system of public employment offices.  The provisions of

24  the said Act of Congress, as amended, are hereby accepted by

25  this state, in conformity with s. 4 of that act, and this

26  state will observe and comply with the requirements thereof.

27  The Division of Workforce and Employment Opportunities Jobs

28  and Benefits of the Department of Labor and Employment

29  Security is hereby designated and constituted the agency of

30  this state for the purpose of that act.  The division is

31  authorized and directed to appoint sufficient employees to

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    Florida Senate - 2000                           CS for SB 1096
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  1  carry out the purposes of this section.  The division may

  2  cooperate with or enter into agreements with the Railroad

  3  Retirement Board with respect to the establishment,

  4  maintenance, and use of free employment service facilities.

  5         (b)  The Governor, after consultation with the

  6  Workforce Development Board of Enterprise Florida, Inc., may

  7  designate the Department of Management Services as the state

  8  agency for the delivery of employment services under the

  9  federal Wagner-Peyser Act. Prior to implementing such

10  designation, the Governor must pursue a budget amendment

11  consistent with the provisions of chapter 216 to effectuate

12  the transfer of applicable responsibilities, personnel, and

13  funds to the Department of Management Services from the

14  Department of Labor and Employment Security. The Governor must

15  include with the budget amendment a detailed transition plan

16  describing the transfer of responsibilities between the two

17  departments. Upon approval of the budget amendment, the

18  Governor, with the assistance of the Workforce Development

19  Board of Enterprise Florida, Inc., shall submit any necessary

20  amendments to, or supplemental information for, plans that the

21  state is required to maintain with the federal government. If

22  the Governor exercises and fully implements the authority

23  given under this paragraph to designate the Department of

24  Management Services as the state agency responsible for

25  administration of employment services under the Wagner-Peyser

26  Act, the regional workforce development boards shall execute

27  memorandums of understanding as prescribed under Pub. L. No.

28  105-220 and s. 288.9951 with the Department of Management

29  Services.

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    Florida Senate - 2000                           CS for SB 1096
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  1         (3)  References to "the division" in this section mean

  2  the Division of Workforce and Employment Opportunities Jobs

  3  and Benefits.

  4         Section 3.  This act shall take effect July 1, 2000.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                             SB 1096

  8

  9  The committee substitute differs from SB 1096 in that it:

10  Allows a Department of Labor and Employment Security employee
    leased to a One-Stop Career Center operator under an agreement
11  between the department and the regional workforce development
    board to provide workforce services funded by federal or state
12  programs that are mandatory or discretionary partners at the
    centers other than the Wagner-Peyser Act. Mandates that the
13  employee be compensated using funds appropriated for such
    other workforce development program and using cost-allocation
14  formulas consistent with federal and state law.

15  Corrects references to the Division of Jobs and Benefits of
    the Department of Labor and Employment Security to reflect
16  that the division has been renamed the Division of Workforce
    and Employment Opportunities.
17
    Provides that notwithstanding any provisions in s. 443.181,
18  F.S., to the contrary, the One-Stop Career Centers established
    under Pub. L. No. 105-220 shall be the primary system for
19  delivering employment services, consistent with federal and
    state law.
20
    Provides that the Governor may, after consultation with the
21  Workforce Development Board of Enterprise Florida, Inc.,
    designate the Department of Management Services as an
22  alternative agency for delivery of employment services under
    the Wagner-Peyser Act. Includes provisions for the pursuit by
23  the Governor of a budget amendment consistent with ch. 216,
    F.S., to effectuate the transfer, and includes provisions for
24  the execution of memorandums of understanding by regional
    workforce development boards with the Department of Management
25  Services in the event of a designation by the Governor.

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