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.

31

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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.

  8

  9            *****************************************

10                          HOUSE SUMMARY

11
      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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