House Bill 1135
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Florida House of Representatives - 2000 HB 1135
By Representatives Hart, Bradley, Feeney, Bense, Lynn,
Harrington, Goodlette, Johnson, Alexander, Greenstein,
Turnbull, Boyd, Kelly, Byrd, Fasano, Henriquez, J. Miller and
Maygarden
1 A bill to be entitled
2 An act relating to workforce education;
3 amending s. 239.115, F.S.; providing an
4 additional performance outcome measure for
5 programs funded through the Workforce
6 Development Education Fund; requiring the
7 Workforce Development Board to provide the
8 Legislature with certain information; providing
9 for additional programs for recommendations for
10 distribution of certain funds; amending ss.
11 288.046, F.S.; revising legislative intent;
12 amending s. 288.047, F.S.; deleting a
13 Department of Education service requirement;
14 deleting provisions relating to a Quick
15 Response Advisory Committee; revising certain
16 responsibilities of Enterprise Florida, Inc.,
17 relating to the Quick Response Training
18 Program; deleting authorization for Enterprise
19 Florida, Inc., to procure certain equipment;
20 deleting provisions relating to disposition of
21 such equipment; amending s. 288.0656, F.S., to
22 conform; amending s. 288.9950, F.S.; clarifying
23 certain job training curricula requirements;
24 amending s. 288.9951, F.S.; revising plan
25 requirements for a One-Stop Career Center
26 Electronic Network; amending s. 288.9952, F.S.;
27 specifying the Workforce Development Board as
28 the designated state agency for spending,
29 managing, and administering certain federal
30 funds for certain purposes; clarifying certain
31 labor market system analysis requirements;
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1 revising a Workforce Development Board
2 legislative report deadline; amending s.
3 288.9953, F.S.; revising membership
4 requirements for high skills/high wages
5 committees; providing additional reporting
6 requirements for such committees; amending s.
7 288.9956, F.S.; revising certain funding
8 distribution provisions and criteria relating
9 to certain federal funds; providing for
10 administration of the Incumbent Worker Training
11 Program by the Workforce Development Board;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (c) of subsection (4) and
17 subsection (9) of section 239.115, Florida Statutes, are
18 amended to read:
19 239.115 Funds for operation of adult general education
20 and vocational education programs.--
21 (4) The Florida Workforce Development Education Fund
22 is created to provide performance-based funding for all
23 workforce development programs, whether the programs are
24 offered by a school district or a community college. Funding
25 for all workforce development education programs must be from
26 the Workforce Development Education Fund and must be based on
27 cost categories, performance output measures, and performance
28 outcome measures. This subsection takes effect July 1, 1999.
29 (c) The performance outcome measures for programs
30 funded through the Workforce Development Education Fund are
31 associated with placement and retention of students after
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1 reaching a completion point or completing a program of study.
2 These measures include placement or retention in employment
3 that is related to the program of study; placement into or
4 retention in employment in an occupation on the Occupational
5 Forecasting Conference list of high-wage, high-skill
6 occupations with sufficient openings, or other high-wage,
7 high-skill occupations as defined in guidelines set by the
8 Workforce Development Board; and placement and retention of
9 WAGES clients or former WAGES clients in employment.
10 Continuing postsecondary education at a level that will
11 further enhance employment is a performance outcome for adult
12 general education programs. Placement and retention must be
13 reported pursuant to ss. 229.8075 and 239.233.
14 (9) The Department of Education, the State Board of
15 Community Colleges, and the Workforce Development Board Jobs
16 and Education Partnership shall provide the Legislature with
17 recommended formulas, criteria, timeframes, and mechanisms for
18 distributing performance funds. The commissioner shall
19 consolidate the recommendations and develop a consensus
20 proposal for funding. The Legislature shall adopt a formula
21 and distribute the performance funds to the Division of
22 Community Colleges and the Division of Workforce Development
23 through the General Appropriations Act. These recommendations
24 shall be based on formulas that would discourage
25 low-performing or low-demand programs and encourage through
26 performance-funding awards:
27 (a) Programs that prepare people to enter high-wage
28 occupations identified by the Occupational Forecasting
29 Conference created by s. 216.136 and other programs as
30 approved by the Workforce Development Board Jobs and Education
31 Partnership. At a minimum, performance incentives shall be
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1 calculated for adults who reach completion points or complete
2 programs that lead to specified high-wage employment and to
3 their placement in that employment.
4 (b) Programs that successfully prepare adults who are
5 eligible for public assistance, economically disadvantaged,
6 disabled, not proficient in English, or dislocated workers for
7 high-wage occupations. At a minimum, performance incentives
8 shall be calculated at an enhanced value for the completion of
9 adults identified in this paragraph and job placement of such
10 adults upon completion. In addition, adjustments may be made
11 in payments for job placements for areas of high unemployment.
12 (c) Programs specifically designed to be consistent
13 with the workforce needs of private enterprise and regional
14 economic development strategies as defined in guidelines set
15 by the Workforce Development Board. The Workforce Development
16 Board shall develop guidelines to identify such needs and
17 strategies based on localized research of private employers
18 and economic development practitioners.
19 (d)(c) Programs identified by the Workforce
20 Development Board Jobs and Education Partnership as increasing
21 the effectiveness and cost efficiency of education.
22 Section 2. Section 288.046, Florida Statutes, is
23 amended to read:
24 288.046 Quick-response training; legislative
25 intent.--The Legislature recognizes the importance of
26 providing a skilled workforce for attracting new industries
27 and retaining and expanding existing businesses and industries
28 in this state. It is the intent of the Legislature that a
29 program exist to meet the short-term, immediate,
30 workforce-skill needs of such businesses and industries. It
31 is further the intent of the Legislature that funds provided
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1 for the purposes of s. 288.047 be expended on businesses and
2 industries that support the state's economic development
3 goals, particularly high value-added businesses in Florida's
4 Targeted Industrial Clusters or businesses that locate in and
5 provide jobs in the state's distressed urban and rural areas,
6 and that instruction funded pursuant to s. 288.047 lead to
7 permanent, quality employment opportunities.
8 Section 3. Section 288.047, Florida Statutes, is
9 amended to read:
10 288.047 Quick-response training for economic
11 development.--
12 (1) The Quick-Response Training Program is created to
13 meet the workforce-skill needs of existing, new, and expanding
14 industries. The program shall be administered by Enterprise
15 Florida, Inc., in conjunction with the Department of
16 Education. Enterprise Florida, Inc., shall adopt guidelines
17 for the administration of this program. Enterprise Florida,
18 Inc., shall provide technical services and shall identify
19 businesses that seek services through the program. The
20 Department of Education shall provide services related to the
21 development and implementation of instructional programs.
22 (2)(a) A Quick-Response Advisory Committee, composed
23 of the director of the Division of Workforce Development of
24 the Department of Education; the director of the Division of
25 Community Colleges of the Department of Education; and the
26 director of the Division of Jobs and Benefits of the
27 Department of Labor and Employment Security, or their
28 respective designees, and four private sector members, shall
29 review training funded through this program and shall provide
30 policy advice to Enterprise Florida, Inc., in the
31 implementation of this program. The committee shall elect a
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1 chair from among its members. Members of the committee may
2 receive reimbursement for per diem and travel expenses as
3 provided in s. 112.061.
4 (b) The four private sector members appointed to the
5 Quick-Response Advisory Committee must be selected from a
6 slate of nominees submitted by the board of directors of
7 Enterprise Florida, Inc. The president of Enterprise Florida,
8 Inc., shall appoint private sector members from this slate for
9 terms of 4 years, except that in making the initial
10 appointments, the president shall appoint members for
11 staggered terms, one for 1 year, 2 years, 3 years, and 4
12 years, respectively. To the maximum extent possible, the
13 president shall select private sector members who are
14 representative of diverse industries and regions of the state.
15 The importance of minority representation must be considered
16 when making appointments for each private sector position.
17 Private sector members may be removed for cause. Absence from
18 three consecutive meetings results in the automatic removal of
19 a private sector member.
20 (c) The Quick-Response Advisory Committee shall meet
21 at the call of its chair, at the request of a majority of the
22 membership, at the request of Enterprise Florida, Inc., or at
23 times prescribed by its rules. The committee shall serve to
24 advise Enterprise Florida, Inc., regarding the administration
25 of the Quick-Response Training Program.
26 (2)(3) Enterprise Florida, Inc., shall ensure that
27 instruction funded pursuant to this section is not available
28 through the local community college or, school district, or
29 private industry council and that the instruction promotes
30 economic development by providing specialized training
31 entry-level skills to new workers or retraining for
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1 supplemental skills to current employees to meet changing
2 skill requirements caused by new technology or new product
3 lines and to prevent potential layoffs whose job descriptions
4 are changing. Such funds may not be expended to subsidize the
5 ongoing staff development program of any business or industry
6 or to provide training for instruction related to retail
7 businesses or to reimburse businesses for trainee wages. Funds
8 made available pursuant to this section may not be expended in
9 connection with the relocation of a business from one
10 community to another community in this state unless Enterprise
11 Florida, Inc., determines that without such relocation the
12 business will move outside this state or determines that the
13 business has a compelling economic rationale for the
14 relocation which creates additional jobs.
15 (3)(4) Requests for funding through the Quick-Response
16 Training Program may be produced through inquiries from a
17 specific business or industry, inquiries from a school
18 district director of career education or community college
19 occupational dean on behalf of a business or industry, or
20 through official state or local economic development efforts.
21 In allocating funds for the purposes of the program,
22 Enterprise Florida, Inc., shall establish criteria for
23 approval of requests for funding and shall select the entity
24 that provides the most efficient, cost-effective instruction
25 meeting such criteria. Program funds may be allocated to any
26 area technical center, community college, or state university.
27 Program funds may be allocated to private postsecondary
28 institutions only upon a review that includes, but is not
29 limited to, accreditation and licensure documentation and
30 prior approval by Enterprise Florida, Inc. a majority of the
31 advisory committee. Instruction funded through the program
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1 must terminate when participants demonstrate competence at the
2 level specified in the request; however, the grant term
3 instruction may not exceed 24 18 months. Costs and
4 expenditures for the Quick-Response Training Program must be
5 documented and separated from those incurred by the training
6 provider.
7 (4)(5) For the first 6 months of each fiscal year,
8 Enterprise Florida, Inc., shall set aside 30 percent of the
9 amount appropriated for the Quick-Response Training Program by
10 the Legislature to fund instructional programs for businesses
11 located in an enterprise zone or or brownfield area to
12 instruct residents of an enterprise zone. Any unencumbered
13 funds remaining undisbursed from this set-aside at the end of
14 the 6-month period may be used to provide funding for any
15 program qualifying for funding pursuant to this section.
16 (5)(6) Prior to the allocation of funds for any
17 request pursuant to this section, Enterprise Florida, Inc.,
18 shall prepare a grant agreement between the business or
19 industry requesting funds, the educational institution
20 receiving funding through the program, and Enterprise Florida,
21 Inc. Such agreement must include, but is not limited to:
22 (a) An identification of the facility in which the
23 instruction will be conducted and the respective
24 responsibilities of the parties for paying costs associated
25 with facility use.
26 (b) An identification of the equipment necessary to
27 conduct the program, the respective responsibilities of the
28 parties for paying costs associated with equipment purchase,
29 maintenance, and repair, as well as an identification of which
30 party owns the equipment upon completion of the instruction.
31
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1 (a)(c) An identification of the personnel necessary to
2 conduct the instructional program, the qualifications of such
3 personnel, and the respective responsibilities of the parties
4 for paying costs associated with the employment of such
5 personnel.
6 (b)(d) An identification of the estimated length of
7 the instructional program. Such program may not exceed 12
8 months of full-time instruction or 18 months of total
9 instruction.
10 (c) An identification of all direct, training-related
11 costs, including tuition and fees; curriculum development;
12 books and classroom materials; and overhead or indirect costs
13 not to exceed 5 percent of the grant amount.
14 (d)(e) An identification of special program
15 requirements that are not addressed otherwise in the
16 agreement.
17 (e)(f) Permission to access information specific to
18 the wages and performance of participants upon the completion
19 of instruction for evaluation purposes. Information which, if
20 released, would disclose the identity of the person to whom
21 the information pertains or disclose the identity of the
22 person's employer is confidential and exempt from the
23 provisions of s. 119.07(1). The agreement must specify that
24 any evaluations published subsequent to the instruction may
25 not identify the employer or any individual participant.
26 (6)(7) For the purposes of this section, Enterprise
27 Florida, Inc., may accept grants of money, materials,
28 services, or property of any kind from any agency,
29 corporation, or individual.
30 (8) Enterprise Florida, Inc., may procure equipment as
31 necessary to meet the purposes of this section. Title to and
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1 control of such equipment is vested in the Department of
2 Education. Upon the conclusion of instruction, the Department
3 of Education may transfer title to the district school board,
4 community college district board of trustees, or Board of
5 Regents on behalf of a specific state university, where the
6 equipment is physically located. The department may also
7 lease such equipment to the district school board, community
8 college district board of trustees, or Board of Regents for a
9 maximum of 1 year. Such lease may provide for automatic
10 renewal. Either party to a lease has the right to cancel the
11 lease upon a 60-day notice in writing. Any equipment for which
12 no title transfer or lease exists must be returned to a
13 warehouse reserve and be available for use by an instructional
14 program in any area of the state.
15 (7)(9) In providing instruction pursuant to this
16 section, materials that relate to methods of manufacture or
17 production, potential trade secrets, business transactions, or
18 proprietary information received, produced, ascertained, or
19 discovered by employees of the respective departments,
20 district school boards, community college district boards of
21 trustees, or other personnel employed for the purposes of this
22 section is confidential and exempt from the provisions of s.
23 119.07(1). The state may seek copyright protection for all
24 instructional materials and ancillary written documents
25 developed wholly or partially with state funds as a result of
26 instruction provided pursuant to this section except for
27 materials that are confidential and exempt from the provisions
28 of s. 119.07(1).
29 (8)(10) There is created a Quick-Response Training
30 Program for Work and Gain Economic Self-sufficiency (WAGES)
31 participants. Enterprise Florida, Inc., may, at the discretion
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1 of the State WAGES Emergency Response Team, award
2 quick-response training grants and develop applicable
3 guidelines for the training of participants in the WAGES
4 Program. In addition to a local economic development
5 organization, grants must be endorsed by the applicable local
6 WAGES coalition and regional workforce development board.
7 (a) Training funded pursuant to this subsection may
8 not exceed 12 months, and may be provided by the local
9 community college, school district, regional workforce
10 development board, or the business employing the participant,
11 including on-the-job training. Training will provide
12 entry-level skills to new workers, including those employed in
13 retail, who are participants in the WAGES Program.
14 (b) WAGES participants trained pursuant to this
15 subsection must be employed at a wage not less than $6.00 per
16 hour.
17 (c) Funds made available pursuant to this subsection
18 may be expended in connection with the relocation of a
19 business from one community to another community if approved
20 by the State WAGES Emergency Response Team.
21 Section 4. Subsection (7) of section 288.0656, Florida
22 Statutes, is amended to read:
23 288.0656 Rural Economic Development Initiative.--
24 (7) REDI may recommend to the Governor up to three
25 rural areas of critical economic concern. A rural area of
26 critical economic concern must be a rural community, or a
27 region composed of such, that has been adversely affected by
28 an extraordinary economic event or a natural disaster or that
29 presents a unique economic development opportunity of regional
30 impact that will create more than 1,000 jobs over a 5-year
31 period. The Governor may by executive order designate up to
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1 three rural areas of critical economic concern which will
2 establish these areas as priority assignments for REDI as well
3 as to allow the Governor, acting through REDI, to waive
4 criteria, requirements, or similar provisions of any economic
5 development incentive. Such incentives shall include, but not
6 be limited to: the Qualified Target Industry Tax Refund
7 Program under s. 288.106, the Quick Response Training Program
8 under s. 288.047, the WAGES Quick Response Training Program
9 for Work and Gain Economic Self-sufficiency (WAGES) under s.
10 288.047(10), transportation projects under s. 288.063, the
11 brownfield redevelopment bonus refund under s. 288.107, and
12 the rural job tax credit program under ss. 212.098 and
13 220.1895. Designation as a rural area of critical economic
14 concern under this subsection shall be contingent upon the
15 execution of a memorandum of agreement among the Office of
16 Tourism, Trade, and Economic Development; the governing body
17 of the county; and the governing bodies of any municipalities
18 to be included within a rural area of critical economic
19 concern. Such agreement shall specify the terms and conditions
20 of the designation, including, but not limited to, the duties
21 and responsibilities of the county and any participating
22 municipalities to take actions designed to facilitate the
23 retention and expansion of existing businesses in the area, as
24 well as the recruitment of new businesses to the area.
25 Section 5. Paragraph (g) of subsection (3) of section
26 288.9950, Florida Statutes, is amended to read:
27 288.9950 Workforce Florida Act of 1996.--
28 (3) These principles should guide the state's efforts:
29 (g) Job training curricula must be developed in
30 concert with the input and needs of existing employers and
31 businesses, and must consider the anticipated demand for
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1 targeted job opportunities, as specified by the Occupational
2 Forecasting Conference under s. 216.136 and other research
3 tools as deemed appropriate by the Workforce Development
4 Board.
5 Section 6. Subsection (9) of section 288.9951, Florida
6 Statutes, is amended to read:
7 288.9951 One-Stop Career Centers.--
8 (9)(a) The Department of Management Services, working
9 with the Workforce Development Board, shall coordinate among
10 the agencies a plan for a One-Stop Career Center Electronic
11 Network made up of One-Stop Career Centers that are operated
12 by authorized public or private for-profit or not-for-profit
13 agents. The plan shall identify resources within existing
14 revenues to establish and support this electronic network for
15 service delivery that includes Government Services Direct. If
16 necessary, the plan shall specify additional revenues needed
17 to fulfill the requirements of this subsection.
18 (b) The network shall assure that a uniform method is
19 used to determine eligibility for and management of services
20 provided by agencies that conduct workforce development
21 activities. The Department of Management Services shall
22 develop strategies to allow access to the databases and
23 information management systems of the following systems in
24 order to link information in those databases with the One-Stop
25 Career Centers:
26 1. The Unemployment Compensation System of the
27 Department of Labor and Employment Security.
28 2. The Job Service System of the Department of Labor
29 and Employment Security.
30 3. The FLORIDA System and the components related to
31 WAGES, food stamps, and Medicaid eligibility.
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1 4. The Workers' Compensation System of the Department
2 of Labor and Employment Security.
3 5. The Student Financial Assistance System of the
4 Department of Education.
5 6. Enrollment in the public postsecondary education
6 system.
7 7. Other information systems as deemed appropriate by
8 the Workforce Development Board.
9
10 The systems shall be fully coordinated at both the state and
11 local levels by January 1, 2001 2000.
12 Section 7. Paragraph (f) is added to subsection (4) of
13 section 288.9952, Florida Statutes, and paragraph (e) of
14 subsection (6) and paragraph (g) of subsection (9) of said
15 section are amended, to read:
16 288.9952 Workforce Development Board.--
17 (4) The Workforce Development Board shall have all the
18 powers and authority, not explicitly prohibited by statute,
19 necessary or convenient to carry out and effectuate the
20 purposes as determined by statute, Pub. L. No. 105-220, and
21 the Governor, as well as its functions, duties, and
22 responsibilities, including, but not limited to, the
23 following:
24 (f) Ensuring that state expenditure of federal
25 workforce funds are in keeping with the requirements of
26 federal guidelines and the purposes of this state's overall
27 workforce development goals. For such purposes, the Workforce
28 Development Board may spend, manage, and administer Title I
29 Workforce Investment Act of 1998 funds and Wagner-Peyser funds
30 received by this state from the Federal Government for
31 purposes of workforce development.
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1 (6) The Workforce Development Board may take action
2 that it deems necessary to achieve the purposes of this
3 section and consistent with the policies of the board of
4 directors of Enterprise Florida, Inc., in partnership with
5 private enterprises, public agencies, and other organizations.
6 The Workforce Development Board shall advise and make
7 recommendations to the board of directors of Enterprise
8 Florida, Inc., and through that board of directors to the
9 State Board of Education and the Legislature concerning action
10 needed to bring about the following benefits to the state's
11 social and economic resources:
12 (e) A system to project and evaluate labor market
13 supply and demand using the results of the Occupational
14 Forecasting Conference created in s. 216.136, and the career
15 education performance standards identified under s. 239.233,
16 and other research tools as deemed appropriate by the
17 Workforce Development Board.
18 (9) The Workforce Development Board, in collaboration
19 with the regional workforce development boards and appropriate
20 state agencies and local public and private service providers,
21 and in consultation with the Office of Program Policy Analysis
22 and Government Accountability, shall establish uniform
23 measures and standards to gauge the performance of the
24 workforce development strategy. These measures and standards
25 must be organized into three outcome tiers.
26 (g) By December October 15 of each year, the Workforce
27 Development Board shall provide the Legislature with a report
28 detailing the performance of Florida's workforce development
29 system, as reflected in the three-tier measurement system.
30 Additionally, this report must benchmark Florida outcomes, at
31 all tiers, against other states that collect data similarly.
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1 Section 8. Subsection (7) of section 288.9953, Florida
2 Statutes, is amended to read:
3 288.9953 Regional Workforce Development Boards.--
4 (7) Each regional workforce development board shall
5 establish a high skills/high wages committee consisting of at
6 least five private-sector business representatives appointed
7 in consultation with local chambers of commerce by the primary
8 county economic development organizations within the region,
9 as identified by Enterprise Florida, Inc.; a representative of
10 each primary county economic development organization within
11 the region; , including the regional workforce development
12 board chair; the presidents of all community colleges within
13 the board's region; those district school superintendents with
14 authority for conducting postsecondary educational programs
15 within the region; and a representative from a nonpublic
16 postsecondary educational institution that is an authorized
17 individual training account provider within the region,
18 appointed by the regional workforce development board chair.
19 The business representatives appointed by primary county
20 economic development organizations other than the board chair
21 need not be members of the regional workforce development
22 board and shall represent those industries that are of primary
23 importance to the region's current and future economy. In a
24 multi-county region, each primary county economic development
25 organization within the region shall appoint at least one
26 business representative and shall consult with the other
27 primary county economic development organizations within the
28 region to make joint appointments when necessary.
29 (a) During fiscal year 1999-2000, each high
30 skills/high wages committee shall submit, quarterly,
31 recommendations to the Workforce Development Board related to:
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1 1. Policies to enhance the responsiveness of high
2 skills/high wages programs in its region to business and
3 economic development opportunities.
4 2. Integrated use of state education and federal
5 workforce development funds to enhance the training and
6 placement of designated population individuals with local
7 businesses and industries.
8 (b) After fiscal year 1999-2000, the Workforce
9 Development Board has the discretion to decrease the frequency
10 of reporting by the high skills/high wages committees, but the
11 committees shall meet and submit any recommendations
12 consistent with those described in paragraph (a) at least
13 annually. The committees shall also make reports to the
14 Workforce Development Board annually, on dates specified by
15 the Workforce Development Board, that identify occupations in
16 the region deemed critical to business retention, expansion,
17 and recruitment activities, based on guidelines set by the
18 Workforce Development Board. Such guidelines shall include
19 research of the workforce needs of private employers in the
20 region in consultation with local chambers of commerce and
21 economic development organizations. Occupations identified
22 pursuant to this paragraph shall be considered by the
23 Workforce Development Board for inclusion in the region's
24 targeted occupation list.
25 (c) Annually, the Workforce Development Board shall
26 compile all the recommendations of the high skills/high wages
27 committees, research their feasibility, and make
28 recommendations to the Governor, the President of the Senate,
29 and the Speaker of the House of Representatives.
30 Section 9. Paragraph (a) of subsection (3) of section
31 288.9956, Florida Statutes, is amended to read:
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1 288.9956 Implementation of the federal Workforce
2 Investment Act of 1998.--
3 (3) FUNDING.--
4 (a) Title I, Workforce Investment Act of 1998 funds;
5 Wagner-Peyser funds; and NAFTA/Trade Act funds will be
6 expended based on the Workforce Development Board's 5-year
7 plan. The plan shall outline and direct the method used to
8 administer and coordinate various funds and programs that are
9 operated by various agencies. The following provisions shall
10 also apply to these funds:
11 1. At least 50 percent of the Title I funds for Adults
12 and Dislocated Workers that are passed through to regional
13 workforce development boards shall be allocated to Individual
14 Training Accounts unless a regional workforce development
15 board obtains a waiver from the Workforce Development Board.
16 Tuition, fees, and performance-based incentive awards paid in
17 compliance with Florida's Performance-Based Incentive Fund
18 Program qualify as an Individual Training Account expenditure,
19 as do other programs developed by regional workforce
20 development boards in compliance with the Workforce
21 Development Board's policies.
22 2. Fifteen percent of Title I funding shall be
23 retained at the state level and shall be dedicated to state
24 administration and used to design, develop, induce, and fund
25 innovative Individual Training Account pilots, demonstrations,
26 and programs. Of such funds retained at the state level, $2
27 million shall be reserved for the Incumbent Worker Training
28 Program, pursuant to subparagraph 3. Eligible state
29 administration costs include the costs of: funding of the
30 Workforce Development Board and Workforce Development Board's
31 staff; operating fiscal, compliance, and management
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1 accountability systems through the Workforce Development
2 Board; conducting evaluation and research on workforce
3 development activities; and providing technical and capacity
4 building assistance to regions at the direction of the
5 Workforce Development Board. Notwithstanding s. 288.9952, such
6 administrative costs shall not exceed 25 percent of these
7 funds. An amount not to exceed 75 Seventy percent of these
8 funds shall be allocated to Individual Training Accounts and
9 other training delivery systems for: the Minority Teacher
10 Education Scholars program, the Certified Teacher-Aide
11 program, the Self-Employment Institute, and other Individual
12 training Accounts designed and tailored by the Workforce
13 Development Board, including, but not limited to, programs for
14 incumbent workers, displaced homemakers, nontraditional
15 employment, empowerment zones, and enterprise zones. The
16 Workforce Development Board shall design, adopt, and fund
17 Individual Training Accounts for distressed urban and rural
18 communities. The remaining 5 percent shall be reserved for the
19 Incumbent Worker Training Program.
20 3. The Incumbent Worker Training Program is created
21 for the purpose of providing grant funding for continuing
22 education and training of incumbent employees at existing
23 Florida businesses. The program will provide reimbursement
24 grants to businesses that pay for preapproved, direct,
25 training-related costs.
26 a. The Incumbent Worker Training Program will be
27 administered by a private business organization, known as the
28 grant administrator, under contract with the Workforce
29 Development Board. At the discretion of the Workforce
30 Development Board, the board may contract with a private
31 business organization to serve as grant administrator.
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1 b. To be eligible for the program's grant funding, a
2 business must have been in operation in Florida for a minimum
3 of 1 year prior to the application for grant funding; have at
4 least one full-time employee; demonstrate financial viability;
5 and be current on all state tax obligations. Priority for
6 funding shall be given to businesses with 25 employees or
7 fewer, businesses in rural areas, businesses in distressed
8 inner-city areas, businesses in a qualified targeted industry,
9 or businesses whose grant proposals represent a significant
10 upgrade in employee skills, or businesses whose grant
11 proposals represent a significant layoff aversion strategy.
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 overhead or indirect
20 administrative costs not to exceed 5 percent of the grant
21 amount.
22 d. A business that is selected to receive grant
23 funding must provide a matching contribution to the training
24 project, including but not limited to, wages paid to trainees
25 or the purchase of capital equipment used in the training
26 project; must sign an agreement with the grant administrator
27 to complete the training project as proposed in the
28 application; must keep accurate records of the project's
29 implementation process; and must submit monthly or quarterly
30 reimbursement requests with required documentation.
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1 e. All Incumbent Worker Training Program grant
2 projects shall be performance-based with specific measurable
3 performance outcomes, including completion of the training
4 project and job retention. The grant administrator shall
5 withhold the final payment to the grantee until a final grant
6 report is submitted and all performance criteria specified in
7 the grant contract have been achieved.
8 f. The Workforce Development Board is authorized to
9 establish guidelines necessary to implement the Incumbent
10 Worker Training Program.
11 g. No more than 10 percent of the Incumbent Worker
12 Training Program's total appropriation may be used by the
13 grant administrator for administrative purposes.
14 h. The grant administrator is required to submit a
15 report to the Workforce Development Board and the Legislature
16 on the financial and general operations of the Incumbent
17 Worker Training Program. Such report will be due before
18 October December 1 of any fiscal year for which the program is
19 funded by the Legislature.
20 4. At least 50 percent of Rapid Response funding shall
21 be dedicated to Intensive Services Accounts and Individual
22 Training Accounts for dislocated workers and incumbent workers
23 who are at risk of dislocation. The Workforce Development
24 Board shall also maintain an Emergency Preparedness Fund from
25 Rapid Response funds which will immediately issue Intensive
26 Service Accounts and Individual Training Accounts as well as
27 other federally authorized assistance to eligible victims of
28 natural or other disasters. At the direction of the Governor,
29 for events that qualify under federal law, these Rapid
30 Response funds shall be released to regional workforce
31 development boards for immediate use. Funding shall also be
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1 dedicated to maintain a unit at the state level to respond to
2 Rapid Response emergencies around the state, to work with
3 state emergency management officials, and to work with
4 regional workforce development boards. All Rapid Response
5 funds must be expended based on a plan developed by the
6 Workforce Development Board and approved by the Governor.
7 Section 10. This act shall take effect July 1, 2000.
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9 *****************************************
10 HOUSE SUMMARY
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Revises Workforce Development Board duties and
12 responsibilities and workforce development education
funding criteria, program requirements and criteria, and
13 distribution requirements. Specifies the Workforce
Development Board as the designated state agency for
14 spending, managing, and administering certain federal
funds for workforce education purposes. See bill for
15 details.
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