House Bill 1135c1
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Florida House of Representatives - 2000 CS/HB 1135
By the Committee on Community Colleges & Career Prep and
Representatives Hart, Bradley, Feeney, Bense, Lynn,
Harrington, Goodlette, Johnson, Alexander, Greenstein,
Turnbull, Boyd, Kelly, Byrd, Fasano, Henriquez, J. Miller,
Maygarden, Kilmer and Morroni
1 A bill to be entitled
2 An act relating to workforce innovation;
3 creating s. 445.001, F.S.; designating chapter
4 445, F.S., as the "Workforce Innovation Act of
5 2000"; creating s. 445.002, F.S.; providing
6 definitions; transferring, renumbering, and
7 amending s. 288.9956, F.S.; revising provisions
8 implementing the federal Workforce Investment
9 Act of 1998 to conform to changes made by the
10 act; revising the investment act principles;
11 revising funding requirements; deleting
12 obsolete provisions; transferring, renumbering,
13 and amending s. 288.9952, F.S.; redesignating
14 the Workforce Development Board as "Workforce
15 Florida, Inc."; providing for Workforce
16 Florida, Inc., to function as a not-for-profit
17 corporation and be the principal workforce
18 policy organization for the state; providing
19 for a board of directors; providing for the
20 appointment of a president of Workforce
21 Florida, Inc.; providing duties of the board of
22 directors; specifying programs to be under the
23 oversight of Workforce Florida, Inc.; requiring
24 reports and measures of outcomes; providing for
25 Workforce Florida, Inc., to develop the state's
26 workforce development strategy; authorizing the
27 granting of charters to regional workforce
28 boards; creating s. 445.005, F.S.; requiring
29 the chairperson of Workforce Florida, Inc., to
30 establish the First Jobs/First Wages Council,
31 the Better Jobs/Better Wages Council, and the
1
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1 High Skills/High Wages Council; providing for
2 council members; providing for the councils to
3 advise the board of directors of Workforce
4 Florida, Inc., and make recommendations for
5 implementing workforce strategies; creating s.
6 445.006, F.S.; requiring Workforce Florida,
7 Inc., to develop a strategic plan for workforce
8 development; requiring updates of the plan;
9 requiring a marketing plan as part of the
10 strategic plan; providing for performance
11 measures and contract guidelines; requiring
12 that the plan include a teen pregnancy
13 prevention component; transferring,
14 renumbering, and amending s. 288.9953, F.S.;
15 redesignating the regional workforce
16 development boards as the "regional workforce
17 boards"; providing requirements for contracts
18 with an organization or individual represented
19 on the board; transferring duties for
20 overseeing the regional workforce boards to
21 Workforce Florida, Inc.; requiring the
22 workforce boards to establish certain
23 committees; specifying that regional workforce
24 boards and their entities are not state
25 agencies; providing for procurement procedures;
26 creating s. 445.008, F.S.; authorizing
27 Workforce Florida, Inc., to create the
28 Workforce Training Institute; providing for the
29 institute to include Internet-based modules;
30 requiring Workforce Florida, Inc., to adopt
31 policies for operating the institute;
2
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1 authorizing the acceptance of grants and
2 donations; transferring, renumbering, and
3 amending s. 288.9951, F.S.; redesignating
4 one-stop career centers as the "one-stop
5 delivery system"; providing for the system to
6 be the state's primary strategy for providing
7 workforce development services; providing a
8 procedure for designating one-stop delivery
9 system operators; authorizing a lease agreement
10 with the Agency for Workforce Innovation for
11 employment services; requiring Workforce
12 Florida, Inc., to review the delivery of
13 employment services and report to the Governor
14 and Legislature; providing legislative intent
15 with respect to the transfer of programs and
16 administrative responsibilities for the state's
17 workforce development system; providing for a
18 transition period; requiring that the Governor
19 appoint a representative to coordinate the
20 transition plan; requiring that the Governor
21 submit information and obtain waivers as
22 required by federal law; providing for the
23 transfer of records, balances of
24 appropriations, and other funds; providing for
25 the Office of Tourism, Trade, and Economic
26 Development within the Executive Office of the
27 Governor to contract with Workforce Florida,
28 Inc., as the state's principal workforce policy
29 organization; transferring the records,
30 personnel, appropriations, and other funds of
31 the WAGES Program and the Workforce Development
3
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1 Board of Enterprise Florida, Inc., to Workforce
2 Florida, Inc., as created by the act;
3 transferring the employees of the Jobs and
4 Education Partnership to the Agency for
5 Workforce Innovation; transferring the programs
6 and functions of the Division of Workforce and
7 Employment Opportunities and the Office of
8 Labor Market and Performance Information of the
9 Department of Labor and Employment Security to
10 the Agency for Workforce Innovation; providing
11 certain exceptions; transferring certain vacant
12 positions to the Agency for Workforce
13 Innovation for allocation to regional workforce
14 boards; authorizing Workforce Florida, Inc., to
15 contract with the Agency for Workforce
16 Innovation for the lease of employees; creating
17 s. 445.010, F.S.; providing principles for
18 developing and managing information technology
19 for the workforce system; requiring the sharing
20 of information between agencies within the
21 workforce system; creating s. 445.011, F.S.;
22 requiring Workforce Florida, Inc., to implement
23 a workforce information system, subject to
24 legislative appropriation; specifying
25 information systems to be included; providing
26 requirements for procurement and validation
27 services; requiring that the system be
28 compatible with the state's information system;
29 creating s. 445.013, F.S.; providing for
30 challenge grants in support of welfare-to-work
31 initiatives; requiring Workforce Florida, Inc.,
4
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1 to establish the grant program, subject to
2 legislative appropriation; specifying types of
3 organizations that are eligible to receive a
4 grant under the program; providing requirements
5 for matching funds; providing requirements for
6 administering and evaluating the grant program;
7 transferring, renumbering, and amending s.
8 288.9955, F.S., relating to the Untried Worker
9 Placement and Employment Incentive Act;
10 conforming provisions to changes made by the
11 act; transferring, renumbering, and amending s.
12 414.15, F.S.; providing certain diversion
13 services under the one-stop delivery system;
14 providing for regional workforce boards to
15 determine eligibility for diversion services;
16 deleting certain limitations on diversion
17 payments; creating s. 445.018, F.S.; providing
18 for a diversion program to strengthen families;
19 specifying services that may be offered under
20 the program; providing that such services are
21 not assistance under federal law or guidelines;
22 requiring families that receive services to
23 agree not to apply for temporary cash
24 assistance for a specified period unless an
25 emergency arises; providing requirements for
26 repaying the value of services provided;
27 transferring, renumbering, and amending s.
28 414.159, F.S., relating to the teen parent and
29 pregnancy prevention diversion program;
30 conforming cross references to changes made by
31 the act; creating s. 445.020, F.S.; providing
5
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1 for certain criteria for establishing
2 eligibility for diversion programs;
3 transferring, renumbering, and amending s.
4 414.155, F.S., relating to the relocation
5 assistance program; providing duties of the
6 regional workforce boards; revising eligibility
7 requirements for services under the program;
8 requiring the board of directors of Workforce
9 Florida, Inc., to determine eligibility
10 criteria and relocation plans; transferring,
11 renumbering, and amending s. 414.223, F.S.,
12 relating to Retention Incentive Training
13 Accounts; authorizing the board of directors of
14 Workforce Florida, Inc., to establish such
15 accounts; transferring, renumbering, and
16 amending s. 414.18, F.S., relating to a program
17 for dependent care for families with children
18 with special needs; conforming provisions to
19 changes made by the act; creating s. 445.024,
20 F.S.; specifying the activities that satisfy
21 the work requirements for a participant in the
22 welfare transition program; providing for
23 regional workforce boards to administer various
24 subsidized employment programs formerly
25 administered by the local WAGES coalitions;
26 including GED preparation and literacy
27 education within the activities that satisfy
28 work requirements under the welfare transition
29 program; providing requirements for
30 participating in work activities; providing for
31 certain individuals to be exempt from such
6
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1 requirements; requiring regional workforce
2 boards to prioritize work requirements if funds
3 are insufficient; requiring regional workforce
4 boards to contract for work activities,
5 training, and other services; transferring,
6 renumbering, and amending s. 414.20, F.S.;
7 authorizing the regional workforce boards to
8 prioritize or limit certain support services;
9 providing requirements for the boards in
10 providing for counseling and therapy services;
11 transferring, renumbering, and amending s.
12 414.1525, F.S.; providing for a severance
13 benefit in lieu of cash assistance payments;
14 requiring the regional workforce boards to
15 determine eligibility for such a benefit;
16 creating s. 445.028, F.S.; requiring the
17 Department of Children and Family Services, in
18 cooperation with Workforce Florida, Inc., to
19 provide for certain transitional benefits and
20 services for families leaving the temporary
21 cash assistance program; transferring,
22 renumbering, and amending s. 414.21, F.S.,
23 relating to transitional medical benefits;
24 clarifying requirements for notification;
25 transferring, renumbering, and amending s.
26 414.22, F.S.; authorizing the board of
27 directors of Workforce Florida, Inc., to
28 prioritize transitional education and training;
29 providing for regional workforce boards to
30 authorize child care or other services;
31 transferring, renumbering, and amending s.
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1 414.225, F.S.; providing for transitional
2 transportation services administered by
3 regional workforce boards; expanding the period
4 such services may be available; creating s.
5 445.032, F.S.; providing for transitional child
6 care services; authorizing regional workforce
7 boards to prioritize such services;
8 transferring, renumbering, and amending s.
9 414.23, F.S.; providing for the evaluation of
10 programs funded under Temporary Assistance for
11 Needy Families; creating s. 445.034, F.S.;
12 providing requirements for expenditures from
13 the Temporary Assistance for Needy Families
14 block grant; transferring, renumbering, and
15 amending s. 414.44, F.S.; requiring the board
16 of directors of Workforce Florida, Inc., to
17 collect data and make reports; amending s.
18 414.025, F.S.; revising legislative intent with
19 respect to the programs administered under
20 chapter 414, F.S., to conform to changes made
21 by the act; amending s. 414.0252, F.S.;
22 revising definitions; amending s. 414.045,
23 F.S., relating to the cash assistance program;
24 specifying families that are considered to be
25 work eligible cases; providing for the regional
26 workforce boards to provide for service
27 delivery for work eligible cases; amending s.
28 414.065, F.S.; deleting provisions governing
29 work activities to conform to changes made by
30 the act; providing an additional exception to
31 certain noncompliance penalties; amending s.
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1 414.085, F.S.; specifying eligibility standards
2 for the temporary cash assistance program;
3 amending s. 414.095, F.S.; revising
4 requirements for determining eligibility for
5 temporary cash assistance; conforming cross
6 references to changes made by the act; revising
7 eligibility requirements for noncitizens;
8 amending s. 414.105, F.S.; revising procedures
9 for reviewing exemptions from the requirements
10 for eligibility for temporary cash assistance;
11 deleting certain limitations on the period of
12 such exemptions; providing an extension of
13 certain time limitations with respect to an
14 applicant for supplemental security disability
15 income (SSDI); providing for the regional
16 workforce boards to review the prospects of
17 certain participants for employment; amending
18 s. 414.157, F.S., relating to the diversion
19 program for victims of domestic violence;
20 conforming provisions to changes made by the
21 act; amending s. 414.158, F.S.; providing for a
22 diversion program to prevent or reduce child
23 abuse and neglect; providing for eligibility;
24 amending ss. 414.35 and 414.36, F.S., relating
25 to emergency relief and the recovery of
26 overpayments; deleting obsolete provisions;
27 amending ss. 414.39 and 414.41, F.S., relating
28 to case screening and the recovery of certain
29 payments; conforming provisions to changes made
30 by the act; amending s. 414.55, F.S.; deleting
31 provisions authorizing a delay in the
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1 implementation of certain programs; providing
2 for Workforce Florida, Inc., to implement the
3 community work program; amending s. 414.70,
4 F.S.; revising certain provisions of a
5 drug-testing and drug-screening program to
6 conform to changes made by the act; deleting
7 obsolete provisions; repealing ss. 239.249,
8 288.9950, 288.9954, 288.9957, 288.9958,
9 288.9959, 414.015, 414.026, 414.0267, 414.027,
10 414.028, 414.029, 414.030, 414.055, 414.125,
11 414.25, and 414.38, F.S., relating to funding
12 for vocational and technical education
13 programs, the Workforce Florida Act of 1996,
14 the Workforce Development Board, the WAGES
15 Program State Board of Directors, the WAGES
16 Program, matching grants, local WAGES
17 coalitions, the WAGES Program business
18 registry, WAGES Program Employment Projects,
19 one-stop career centers, the Learnfare Program,
20 exemptions from requirements for certain leases
21 of real property, and certain pilot programs;
22 conforming provisions to changes made by the
23 act; amending s. 14.2015, F.S.; providing
24 additional duties of the Office of Tourism,
25 Trade, and Economic Development within the
26 Executive Office of the Governor with respect
27 to workforce development; requiring that the
28 office cooperate and contract with Workforce
29 Florida, Inc., in performing certain functions;
30 amending s. 20.171, F.S.; revising duties of
31 the Assistant Secretary for Programs and
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1 Operations within the Department of Labor and
2 Employment Security; abolishing the Division of
3 Workforce and Employment Opportunities within
4 the department to conform to changes made by
5 the act; creating s. 20.50, F.S.; creating the
6 Agency for Workforce Innovation in the
7 Department of Management Services; specifying
8 duties of the agency; providing for the agency
9 to administer the Office of One-Stop Workforce
10 Services, the Office of Workforce
11 Accountability, and the Office of Workforce
12 Information Services; specifying the federal
13 grants and other funds assigned to the agency
14 for administration; amending s. 212.08, F.S.,
15 relating to sales tax exemptions; deleting a
16 requirement that a business register with the
17 WAGES Program Business Registry for purposes of
18 qualifying for certain exemptions; amending s.
19 212.096, F.S.; redefining the term "new
20 employee" to include participants in the
21 welfare transition program for purposes of
22 certain tax credits; amending ss. 212.097 and
23 212.098, F.S., relating to job tax credits;
24 providing eligibility for tax credits to
25 certain businesses that hire participants in
26 the welfare transition program; amending s.
27 216.136, F.S.; redesignating the Occupational
28 Forecasting Conference as the "Workforce
29 Estimating Conference"; specifying additional
30 duties of the conference with respect to
31 developing forecasts for employment demands and
11
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1 occupational trends; amending s. 220.181, F.S.,
2 relating to the enterprise zone jobs credit;
3 providing for businesses that hire participants
4 in the welfare transition program to be
5 eligible for the credit; amending s. 230.2305,
6 F.S., relating to the prekindergarten early
7 intervention program; providing eligibility for
8 children whose parents participate in the
9 welfare transition program; amending s. 232.17,
10 F.S.; revising requirements for administering
11 the Child Labor Law to conform to changes made
12 by the act; amending s. 234.01, F.S.; providing
13 for school boards to provide transportation
14 services to participants in the welfare
15 transition program; amending s. 234.211, F.S.,
16 relating to the use of school buses; conforming
17 provisions to changes made by the act; amending
18 s. 239.105, F.S.; redefining the term "degree
19 vocational education program" for purposes of
20 ch. 239, F.S.; amending s. 239.115, F.S.;
21 providing for a program to be used to provide
22 customized training for businesses; providing
23 for remaining balances to carry over; providing
24 for performance funds to be distributed to
25 certain workforce programs; conforming
26 provisions to changes made by the act; amending
27 s. 239.117, F.S.; providing for school
28 districts or community colleges to pay the fees
29 of students enrolled in a program under the
30 welfare transition program; amending s.
31 239.229, F.S.; requiring the Department of
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1 Education to update certain vocational, adult,
2 and community education programs; amending s.
3 239.301, F.S.; providing for literacy
4 assessments and other specialized services for
5 participants in the welfare transition program;
6 amending s. 239.514, F.S., relating to the
7 Workforce Development Capitalization Incentive
8 Grant Program; conforming provisions to changes
9 made by the act; amending s. 240.209, F.S.;
10 requiring that the Board of Regents consider
11 industry-driven competencies in certain program
12 reviews; amending s. 240.312, F.S.; revising
13 requirements for reviewing certificate career
14 education programs and certain degree programs;
15 amending s. 240.35, F.S.; providing for
16 students enrolled in employment and training
17 programs under the welfare transition program
18 to be exempt from certain fees; amending ss.
19 240.40207 and 240.40685, F.S., relating to the
20 Florida Gold Seal Vocational Scholars award and
21 the Certified Education Paraprofessional
22 Welfare Transition Program; conforming
23 provisions to changes made by the act; amending
24 s. 240.61, F.S., relating to college reach-out
25 programs; providing for including temporary
26 cash assistance in determining eligibility;
27 amending s. 246.50, F.S.; providing for
28 recipients of temporary cash assistance to be
29 eligible for the Teacher-Aide Welfare
30 Transition Program; amending ss. 288.046,
31 288.047, and 288.0656, F.S., relating to
13
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1 quick-response training; deleting a reference
2 to targeted industrial clusters; providing for
3 the program to be administered by Workforce
4 Florida, Inc., in conjunction with Enterprise
5 Florida, Inc.; abolishing the advisory
6 committee; revising requirements for the grant
7 agreements; providing for a Quick-Response
8 Training Program for participants in the
9 welfare transition program; amending s.
10 288.901, F.S.; providing for the chair of
11 Workforce Florida, Inc., to be a member of the
12 board of directors of Enterprise Florida, Inc.;
13 amending ss. 288.904, 288.905, and 288.906,
14 F.S.; revising the duties and functions of
15 Enterprise Florida, Inc., to conform to changes
16 made by the act; amending s. 320.20, F.S.;
17 providing for employing participants in the
18 welfare transition program for certain projects
19 of the Department of Transportation and the
20 Florida Seaport Transportation and Economic
21 Development Council; amending ss. 322.34 and
22 341.052, F.S., relating to proceeds from the
23 sale of seized motor vehicles and a public
24 transit block grant program; conforming
25 provisions to changes made by the act; amending
26 s. 402.3015, F.S.; including children who
27 participate in certain diversion programs under
28 ch. 445, F.S., in the subsidized child care
29 program; providing for certain needy families
30 to be eligible to participate in the subsidized
31 child care program; amending s. 402.33, F.S.;
14
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1 defining the term "state and federal aid" to
2 include temporary cash assistance; amending s.
3 402.40, F.S.; revising membership requirements
4 of the Child Welfare Standards and Training
5 Council to reflect changes made by the act;
6 amending s. 402.45, F.S., relating to the
7 community resource mother or father program;
8 providing for eligibility for recipients of
9 temporary cash assistance; amending s. 403.973,
10 F.S.; providing for expedited permitting of
11 projects that employ participants in the
12 welfare transition program; amending ss.
13 409.2554 and 409.259, F.S., relating to the
14 child support enforcement program; conforming
15 provisions to changes made by the act; amending
16 s. 409.2564, F.S.; correcting a cross
17 reference, to conform; amending s. 409.903,
18 F.S., relating to payments for medical
19 assistance; conforming provisions; amending s.
20 409.942, F.S.; requiring Workforce Florida,
21 Inc., to establish an electronic benefit
22 transfer program; requiring that the program be
23 compatible with the benefit transfer program of
24 the Department of Children and Family Services;
25 amending ss. 411.01, 411.232, and 411.242,
26 F.S., relating to the Florida Partnership for
27 School Readiness, the Children's Early
28 Investment Program, and the Education Now and
29 Babies Later Program; conforming provisions and
30 revising eligibility for such programs;
31 amending s. 413.82, F.S., relating to
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1 occupational access and opportunity; conforming
2 a definition to changes made by the act;
3 amending s. 421.10, F.S., relating to housing
4 authorities; conforming income requirements;
5 amending ss. 427.013, 427.0155, and 427.0157,
6 F.S., relating to the Commission for the
7 Transportation Disadvantaged and community
8 transportation programs; providing for the
9 Division of Workforce Development within the
10 Department of Education to perform duties with
11 respect to apprenticeship training which were
12 formerly performed by the Division of Jobs and
13 Benefits within the Department of Labor and
14 Employment Security; providing for the Division
15 of Workforce Development within the Department
16 of Education to perform duties with respect to
17 apprenticeship training which were formerly
18 performed by the Division of Jobs and Benefits
19 within the Department of Labor and Employment
20 Security; redesignating the State
21 Apprenticeship Council as the "State
22 Apprenticeship Advisory Council"; revising the
23 method of appointing members to the council;
24 amending ss. 443.091, 443.151, 443.181,
25 443.211, 443.221, 443.231, 446.011, 446.021,
26 446.032, 446.041, 446.045, 446.052, 446.061,
27 446.071, and 446.075, F.S., to conform;
28 amending ss. 446.40, 446.41, 446.42, 446.43,
29 and 446.44, F.S.; redesignating the Rural
30 Manpower Services Program as the "Rural
31 Workforce Services Program"; providing for the
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1 Division of Workforce Administrative Support of
2 the Department of Management Services to
3 administer the program under the direction of
4 Workforce Florida, Inc.; amending s. 446.50,
5 F.S.; requiring the Agency for Workforce
6 Innovation to administer services for displaced
7 homemakers under the direction of Workforce
8 Florida, Inc.; requiring Workforce Florida,
9 Inc., to develop the plan for the program;
10 amending ss. 447.02, 447.04, 447.041, 447.045,
11 447.06, 447.12, and 447.16, F.S.; providing for
12 part I of ch. 447, F.S., relating to the
13 regulation of labor organizations, to be
14 administered by the Department of Labor and
15 Employment Security; deleting references to the
16 Division of Jobs and Benefits; amending s.
17 447.305, F.S., relating to the registration of
18 employee organizations; providing for
19 administration by the Department of Labor and
20 Employment Security; amending ss. 450.012,
21 450.061, 450.081, 450.095, 450.121, 450.132,
22 and 450.141, F.S.; providing for part I of ch.
23 450, F.S., relating to child labor, to be
24 administered by the Department of Labor and
25 Employment Security; deleting references to the
26 Division of Jobs and Benefits; amending s.
27 450.191, F.S., relating to the duties of the
28 Executive Office of the Governor with respect
29 to migrant labor; conforming provisions to
30 changes made by the act; amending ss. 450.28,
31 450.30, 450.31, 450.33, 450.35, 450.36, 450.37,
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1 and 450.38, F.S., relating to farm labor
2 registration; providing for part III of ch.
3 450, F.S., to be administered by the Department
4 of Labor and Employment Security; deleting
5 references to the Division of Jobs and
6 Benefits; amending s. 497.419, F.S., relating
7 to preneed contracts; conforming provisions to
8 changes made by the act; amending s. 240.3341,
9 F.S.; encouraging community colleges to
10 establish incubator facilities for digital
11 media content and technology development;
12 requiring the Workforce Development Board to
13 reserve funds for digital media industry
14 training; providing direction on training;
15 creating s. 240.710, F.S.; requiring the Board
16 of Regents to create a Digital Media Education
17 Coordination Group; providing for membership;
18 providing purposes; requiring the group to
19 develop a plan and submit the plan to the
20 Legislature; authorizing Workforce Florida,
21 Inc., to use certain funds for certain
22 purposes; providing appropriations; providing
23 that no entitlement is created by the act;
24 providing for expiration of specified sections;
25 providing for severability; providing effective
26 dates.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 445.001, Florida Statutes, is
31 created to read:
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1 445.001 Short title.--This chapter may be cited as the
2 "Workforce Innovation Act of 2000."
3 Section 2. Section 445.002, Florida Statutes, is
4 created to read:
5 445.002 Definitions.--As used in this chapter, the
6 term:
7 (1) "Agency" means the Agency for Workforce
8 Innovation.
9 (2) "Services and one-time payments" or "services,"
10 when used in reference to individuals who are not receiving
11 temporary cash assistance, means nonrecurrent, short-term
12 benefits designed to deal with a specific crisis situation or
13 episode of need and other services; work subsidies; supportive
14 services such as child care and transportation; services such
15 as counseling, case management, peer support, and child care
16 information and referral; transitional services, job
17 retention, job advancement, and other employment-related
18 services; nonmedical treatment for substance abuse or mental
19 health problems; teen pregnancy prevention; two-parent family
20 support, including noncustodial parent employment;
21 court-ordered supervised visitation, and responsible
22 fatherhood services; and any other services that are
23 reasonably calculated to further the purposes of the welfare
24 transition program. Such terms do not include assistance as
25 defined in federal regulations at 45 C.F.R. s. 260.31(a).
26 (3) "Welfare transition services" means those
27 workforce services provided to current or former recipients of
28 temporary cash assistance under chapter 414.
29 Section 3. Section 288.9956, Florida Statutes, is
30 transferred, renumbered as section 445.003, Florida Statutes,
31 and amended to read:
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1 445.003 288.9956 Implementation of the federal
2 Workforce Investment Act of 1998.--
3 (1) WORKFORCE INVESTMENT ACT PRINCIPLES.--The state's
4 approach to implementing the federal Workforce Investment Act
5 of 1998, Pub. L. No. 105-220, should have six elements:
6 (a) Streamlining Services.--Florida's employment and
7 training programs must be coordinated and consolidated at
8 locally managed one-stop delivery system Career centers.
9 (b) Empowering Individuals.--Eligible participants
10 will make informed decisions, choosing the qualified training
11 program that best meets their needs.
12 (c) Universal Access.--Through a one-stop delivery
13 system Career Centers, every Floridian will have access to
14 employment services.
15 (d) Increased Accountability.--The state, localities,
16 and training providers will be held accountable for their
17 performance.
18 (e) Local Board and Private Sector Leadership.--Local
19 boards will focus on strategic planning, policy development,
20 and oversight of the local system, choosing local managers to
21 direct the operational details of their one-stop delivery
22 system centers Career Centers.
23 (f) Local Flexibility and Integration.--Localities
24 will have exceptional flexibility to build on existing
25 reforms. Unified planning will free local groups from
26 conflicting micromanagement, while waivers and WorkFlex will
27 allow local innovations.
28 (2) FIVE-YEAR PLAN.--The Workforce Florida, Inc.,
29 Development Board shall prepare and submit a 5-year plan,
30 which includes secondary vocational education, to fulfill the
31 early implementation requirements of Pub. L. No. 105-220 and
20
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1 applicable state statutes. Mandatory federal partners and
2 optional federal partners, including the WAGES Program State
3 Board of Directors, shall be fully involved in designing the
4 plan's one-stop delivery Career Center system strategy. The
5 plan shall detail a process to clearly define each program's
6 statewide duties and role relating to the system. Any optional
7 federal partner may immediately choose to fully integrate its
8 program's plan with this plan, which shall, notwithstanding
9 any other state provisions, fulfill all their state planning
10 and reporting requirements as they relate to the one-stop
11 delivery system Career Centers. The plan shall detail a
12 process that would fully integrate all federally mandated and
13 optional partners by the second year of the plan. All optional
14 federal program partners in the planning process shall be
15 mandatory participants in the second year of the plan.
16 (3) FUNDING.--
17 (a) Title I, Workforce Investment Act of 1998 funds;
18 Wagner-Peyser funds; and NAFTA/Trade Act funds will be
19 expended based on the Workforce Development Board's 5-year
20 plan of Workforce Florida, Inc. The plan shall outline and
21 direct the method used to administer and coordinate various
22 funds and programs that are operated by various agencies. The
23 following provisions shall also apply to these funds:
24 1. At least 50 percent of the Title I funds for Adults
25 and Dislocated Workers that are passed through to regional
26 workforce development boards shall be allocated to Individual
27 Training Accounts unless a regional workforce development
28 board obtains a waiver from the Workforce Florida, Inc.
29 Development Board. Tuition, fees, and performance-based
30 incentive awards paid in compliance with Florida's
31 Performance-Based Incentive Fund Program qualify as an
21
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1 Individual Training Account expenditure, as do other programs
2 developed by regional workforce development boards in
3 compliance with the Workforce Development Board's policies of
4 Workforce Florida, Inc.
5 2. Fifteen percent of Title I funding shall be
6 retained at the state level and shall be dedicated to state
7 administration and used to design, develop, induce, and fund
8 innovative Individual Training Account pilots, demonstrations,
9 and programs. Of such funds retained at the state level, $2
10 million shall be reserved for the Incumbent Worker Training
11 Program, created under subparagraph 3. Eligible state
12 administration costs include the costs of: funding for of the
13 Workforce Development board and Workforce Development Board's
14 staff of Workforce Florida, Inc.; operating fiscal,
15 compliance, and management accountability systems through the
16 Workforce Florida, Inc. Development Board; conducting
17 evaluation and research on workforce development activities;
18 and providing technical and capacity building assistance to
19 regions at the direction of the Workforce Florida, Inc.
20 Development Board. Notwithstanding s. 445.004 288.9952, such
21 administrative costs shall not exceed 25 percent of these
22 funds. An amount not to exceed 75 Seventy percent of these
23 funds shall be allocated to Individual Training Accounts and
24 other workforce development strategies for: the Minority
25 Teacher Education Scholars program, the Certified Teacher-Aide
26 program, the Self-Employment Institute, and other training
27 Individual Training Accounts designed and tailored by the
28 Workforce Florida, Inc. Development Board, including, but not
29 limited to, programs for incumbent workers, displaced
30 homemakers, nontraditional employment, empowerment zones, and
31 enterprise zones. The Workforce Florida, Inc., Development
22
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1 Board shall design, adopt, and fund Individual Training
2 Accounts for distressed urban and rural communities. The
3 remaining 5 percent shall be reserved for the Incumbent Worker
4 Training Program.
5 3. The Incumbent Worker Training Program is created
6 for the purpose of providing grant funding for continuing
7 education and training of incumbent employees at existing
8 Florida businesses. The program will provide reimbursement
9 grants to businesses that pay for preapproved, direct,
10 training-related costs.
11 a. The Incumbent Worker Training Program will be
12 administered by a private business organization, known as the
13 grant administrator, under contract with the Workforce
14 Florida, Inc. Development Board. Workforce Florida, Inc., at
15 its discretion, may contract with a private business
16 organization to serve as grant administrator.
17 b. To be eligible for the program's grant funding, a
18 business must have been in operation in Florida for a minimum
19 of 1 year prior to the application for grant funding; have at
20 least one full-time employee; demonstrate financial viability;
21 and be current on all state tax obligations. Priority for
22 funding shall be given to businesses with 25 employees or
23 fewer, businesses in rural areas, businesses in distressed
24 inner-city areas, businesses in a qualified targeted industry,
25 or businesses whose grant proposals represent a significant
26 upgrade in employee skills, or businesses whose grant
27 proposals represent a significant layoff avoidance strategy.
28 c. All costs reimbursed by the program must be
29 preapproved by Workforce Florida, Inc., or the grant
30 administrator. The program will not reimburse businesses for
31 trainee wages, the purchase of capital equipment, or the
23
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1 purchase of any item or service that may possibly be used
2 outside the training project. A business approved for a grant
3 may be reimbursed for preapproved, direct, training-related
4 costs including tuition and fees; books and classroom
5 materials; and overhead or indirect administrative costs not
6 to exceed 5 percent of the grant amount.
7 d. A business that is selected to receive grant
8 funding must provide a matching contribution to the training
9 project, including, but not limited to, wages paid to trainees
10 or the purchase of capital equipment used in the training
11 project; must sign an agreement with Workforce Florida, Inc.,
12 or the grant administrator to complete the training project as
13 proposed in the application; must keep accurate records of the
14 project's implementation process; and must submit monthly or
15 quarterly reimbursement requests with required documentation.
16 e. All Incumbent Worker Training Program grant
17 projects shall be performance-based with specific measurable
18 performance outcomes, including completion of the training
19 project and job retention. Workforce Florida, Inc., or the
20 grant administrator shall withhold the final payment to the
21 grantee until a final grant report is submitted and all
22 performance criteria specified in the grant contract have been
23 achieved.
24 f. The Workforce Florida, Inc., may Development Board
25 is authorized to establish guidelines necessary to implement
26 the Incumbent Worker Training Program.
27 g. No more than 10 percent of the Incumbent Worker
28 Training Program's total appropriation may be used for
29 overhead or indirect administrative purposes.
30 h. Workforce Florida, Inc., shall The grant
31 administrator is required to submit a report to the Workforce
24
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1 Development Board and the Legislature on the financial and
2 general operations of the Incumbent Worker Training Program.
3 Such report will be due before October December 1 of any
4 fiscal year for which the program is funded by the
5 Legislature.
6 4. At least 50 percent of Rapid Response funding shall
7 be dedicated to Intensive Services Accounts and Individual
8 Training Accounts for dislocated workers and incumbent workers
9 who are at risk of dislocation. The Workforce Florida, Inc.,
10 Development Board shall also maintain an Emergency
11 Preparedness Fund from Rapid Response funds which will
12 immediately issue Intensive Service Accounts and Individual
13 Training Accounts as well as other federally authorized
14 assistance to eligible victims of natural or other disasters.
15 At the direction of the Governor, for events that qualify
16 under federal law, these Rapid Response funds shall be
17 released to regional workforce development boards for
18 immediate use. Funding shall also be dedicated to maintain a
19 unit at the state level to respond to Rapid Response
20 emergencies around the state, to work with state emergency
21 management officials, and to work with regional workforce
22 development boards. All Rapid Response funds must be expended
23 based on a plan developed by the Workforce Florida, Inc.,
24 Development Board and approved by the Governor.
25 (b) The administrative entity for Title I, Workforce
26 Investment Act of 1998 funds, and Rapid Response activities,
27 shall will be the Agency for Workforce Innovation, which shall
28 provide determined by the Workforce Development Board, except
29 that the administrative entity for Rapid Response for fiscal
30 year 1999-2000 must be the Department of Labor and Employment
31 Security. The administrative entity will provide services
25
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1 through a contractual agreement with the Workforce Development
2 Board. The terms and conditions of the agreement may include,
3 but are not limited to, the following:
4 1. All policy direction to regional workforce
5 development boards regarding Title I programs and Rapid
6 Response activities pursuant to the direction of shall emanate
7 from the Workforce Florida, Inc Development Board.
8 2. Any policies by a state agency acting as an
9 administrative entity which may materially impact local
10 workforce boards, local governments, or educational
11 institutions must be promulgated under chapter 120.
12 3. The administrative entity will operate under a
13 procedures manual, approved by the Workforce Development
14 Board, addressing: financial services including cash
15 management, accounting, and auditing; procurement; management
16 information system services; and federal and state compliance
17 monitoring, including quality control.
18 4. State Career Service employees in the Department of
19 Labor and Employment Security may be leased or assigned to the
20 administrative entity to provide administrative and
21 professional functions.
22 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
23 MODIFICATIONS.--
24 (a) The Workforce Florida, Inc., Development Board may
25 provide indemnification from audit liabilities to regional
26 workforce development boards that act in full compliance with
27 state law and the board's policies.
28 (b) The Workforce Florida, Inc., Development Board may
29 negotiate and settle all outstanding issues with the United
30 States Department of Labor relating to decisions made by the
31 Workforce Florida, Inc., any predecessor workforce
26
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1 organization, Development Board and the Legislature with
2 regard to the Job Training Partnership Act, making settlements
3 and closing out all JTPA program year grants before the repeal
4 of the act June 30, 2000.
5 (c) The Workforce Florida, Inc., Development Board may
6 make modifications to the state's plan, policies, and
7 procedures to comply with federally mandated requirements that
8 in its judgment must be complied with to maintain funding
9 provided pursuant to Pub. L. No. 105-220. The board shall
10 notify in writing the Governor, the President of the Senate,
11 and the Speaker of the House of Representatives within 30 days
12 after of any such changes or modifications.
13 (5) The Department of Labor and Employment Security
14 shall phase-down JTPA duties before the federal program is
15 abolished July 1, 2000. Outstanding accounts and issues shall
16 be completed prior to transfer to the Agency for Workforce
17 Innovation promptly closed out after this date.
18 (6) LONG-TERM CONSOLIDATION OF WORKFORCE
19 DEVELOPMENT.--
20 (a) The Workforce Florida, Inc., Development Board may
21 recommend workforce-related divisions, bureaus, units,
22 programs, duties, commissions, boards, and councils that can
23 be eliminated, consolidated, or privatized.
24 (b) By December 31, 1999, The Office of Program Policy
25 Analysis and Government Accountability shall review the
26 workforce development system, as established by this act
27 identifying divisions, bureaus, units, programs, duties,
28 commissions, boards, and councils that could be eliminated,
29 consolidated, or privatized. The office shall submit
30 preliminary findings by December 31, 1999, and its final
31 report and recommendations by December January 31, 2002 2000,
27
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1 to the President of the Senate and the Speaker of the House of
2 Representatives. As part of the report, the Office of Program
3 Policy Analysis and Government Accountability shall
4 specifically identify, by funding stream, indirect,
5 administrative, management information system, and overhead
6 costs of the Department of Labor and Employment Security.
7 (7) TERMINATION OF SET-ASIDE.--For those state and
8 federal set-asides terminated by the federal Workforce
9 Investment Act of 1998, the Department of Education, the
10 Office of Tourism, Trade, and Economic Development within the
11 Executive Office of the Governor, and the Department of Elder
12 Affairs shall keep all unexpended JTPA 123 (Education
13 Coordination), JTPA III (Dislocated Workers), or JTPA IIA
14 (Services for Older Adults) funds to closeout their education
15 and coordination activities. The Workforce Development Board
16 shall develop guidelines under which the departments may
17 negotiate with the regional workforce development boards to
18 provide continuation of activities and services currently
19 conducted with the JTPA Section 123 or JTPA IIA funds.
20 Section 4. Section 288.9952, Florida Statutes, is
21 transferred, renumbered as section 445.004, Florida Statutes,
22 and amended to read:
23 445.004 288.9952 Workforce Florida, Inc.; creation;
24 purpose; membership; duties and powers Development Board.--
25 (1) There is created within the not-for-profit
26 corporate structure of Enterprise Florida, Inc., a
27 not-for-profit corporation, to be known as "Workforce Florida,
28 Inc.," which shall be registered, incorporated, organized, and
29 operated in compliance with chapter 617, and which shall not
30 be a unit or entity of state government. Workforce Florida,
31 Inc., shall be administratively housed within the Agency for
28
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1 Workforce Innovation; however, Workforce Florida, Inc., shall
2 not be subject to control, supervision, or direction by the
3 Agency for Workforce Innovation in any manner. The Legislature
4 determines, however, that public policy dictates that
5 Workforce Florida, Inc., operate in the most open and
6 accessible manner consistent with its public purpose. To this
7 end, the Legislature specifically declares that Workforce
8 Florida, Inc., its board, councils, and any advisory
9 committees or similar groups created by Workforce Florida,
10 Inc., are subject to the provisions of chapter 119 relating to
11 public records, and those provisions of chapter 286 relating
12 to public meetings public-private Workforce Development Board.
13 (2) Workforce Florida, Inc., is the principal
14 workforce policy organization for the state. The purpose of
15 the Workforce Florida, Inc., Development Board is to design
16 and implement strategies that help Floridians enter, remain
17 in, and advance in the workplace, becoming more highly skilled
18 and successful, benefiting these Floridians, Florida
19 businesses, and the entire state, and to assist in developing
20 the state's business climate.
21 (3)(2)(a) The Workforce Florida, Inc., Development
22 Board shall be governed by a 25-voting-member board of
23 directors, the number of directors to be determined by the
24 Governor, whose membership and appointment must be consistent
25 with Pub. L. No. 105-220, Title I, s. 111(b), and contain one
26 member representing the licensed nonpublic postsecondary
27 educational institutions authorized as individual training
28 account providers and five three representatives of organized
29 labor who shall be appointed by the Governor. Two of the labor
30 representatives shall be chosen from among five nominees
31 provided by the President of the Senate, in consultation with
29
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1 the Minority Office, and two of the labor representatives
2 shall be chosen from among five nominees chosen by the Speaker
3 of the House of Representatives, in consultation with the
4 Minority Office. Notwithstanding s. 114.05(1)(f) s. 114.05(f),
5 the Governor may appoint remaining members to Workforce
6 Florida, Inc., from of the current Workforce Development Board
7 and the WAGES Program State Board of Directors, established
8 pursuant to chapter 96-175, Laws of Florida, to serve on the
9 reconstituted board as required by this section. By July 1,
10 2000 June 1, 1999, the Workforce Development Board will
11 provide to the Governor a transition plan to incorporate the
12 changes required by this act and Pub. L. No. 105-220,
13 specifying the timeframe and manner of changes to the board.
14 This plan shall govern the transition, unless otherwise
15 notified by the Governor. The importance of minority, and
16 gender, and geographic representation shall be considered when
17 making appointments to the board. Additional members may be
18 appointed when necessary to conform to the requirements of
19 Pub. L. No. 105-220.
20 (b) The board of directors of the Workforce Florida,
21 Inc., Development Board shall be chaired by a board member
22 designated by the Governor pursuant to Pub. L. No. 105-220.
23 (c) Private-sector Members appointed by the Governor
24 must be appointed for 2-year 4-year, staggered terms.
25 Public-sector members appointed by the Governor must be
26 appointed to 4-year terms. Private sector representatives of
27 businesses, appointed by the Governor pursuant to Pub. L. No.
28 105-220, shall constitute a majority of the membership of the
29 board. Private sector representatives shall be appointed from
30 nominations received by the Governor from any member of the
31 Legislature. A member of the Legislature may submit more than
30
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1 one board nomination to the Governor. Private sector
2 appointments to the board shall be representative of the
3 business community of this state and no less than one-half of
4 the appointments to the board must be representative of small
5 businesses. Members appointed by the Governor serve at the
6 pleasure of the Governor and are eligible for reappointment.
7 (d) The Governor shall appoint members to the board of
8 directors of the Workforce Florida, Inc., Development Board
9 within 30 days after the receipt of a sufficient number of
10 nominations.
11 (e) A member of the board of directors of the
12 Workforce Florida, Inc., Development Board may be removed by
13 the Governor for cause. Absence from three consecutive
14 meetings results in automatic removal. The chair of the
15 Workforce Florida, Inc., Development Board shall notify the
16 Governor of such absences.
17 (f) Representatives of businesses appointed to the
18 board of directors may not include providers of workforce
19 services.
20 (4)(3)(a) The president of the Workforce Florida,
21 Inc., Development Board shall be hired by the board of
22 directors of Workforce president of Enterprise Florida, Inc.,
23 and shall serve at the pleasure of the Governor in the
24 capacity of an executive director and secretary of the
25 Workforce Florida, Inc. Development Board.
26 (b) The board of directors of the Workforce Florida,
27 Inc., Development Board shall meet at least quarterly and at
28 other times upon call of its chair.
29 (c) A majority of the total current membership of the
30 board of directors of the Workforce Florida, Inc., Development
31 Board comprises a quorum of the board.
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1 (d) A majority of those voting is required to organize
2 and conduct the business of the Workforce Development board,
3 except that a majority of the entire board of directors of the
4 Workforce Development Board is required to adopt or amend the
5 operational plan.
6 (e) Except as delegated or authorized by the board of
7 directors of the Workforce Florida, Inc. Development Board,
8 individual members have no authority to control or direct the
9 operations of the Workforce Florida, Inc., Development Board
10 or the actions of its officers and employees, including the
11 president.
12 (f) The board of directors of the Workforce
13 Development Board may delegate to its president those powers
14 and responsibilities it deems appropriate.
15 (f)(g) Members of the board of directors of the
16 Workforce Florida, Inc., Development Board and its committees
17 shall serve without compensation, but these members, the
18 president, and all employees of the Workforce Florida, Inc.,
19 Development Board may be reimbursed for all reasonable,
20 necessary, and actual expenses pursuant to s. 112.061, as
21 determined by the board of directors of Enterprise Florida,
22 Inc.
23 (g)(h) The board of directors of the Workforce
24 Florida, Inc., Development Board may establish an executive
25 committee consisting of the chair and at least six two
26 additional board members selected by the board of directors,
27 one of whom must be a representative of organized labor. The
28 executive committee and the president shall have such
29 authority as the board of directors of the Workforce
30 Development Board delegates to it, except that the board of
31 directors may not delegate to the executive committee
32
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1 authority to take action that requires approval by a majority
2 of the entire board of directors.
3 (h)(i) The chair board of directors of the Workforce
4 Development Board may appoint committees to fulfill its
5 responsibilities, to comply with federal requirements, or to
6 obtain technical assistance, and must incorporate members of
7 regional workforce development boards into its structure. At a
8 minimum, the chair shall establish the following standing
9 councils: the First Jobs/First Wages Council, the Better
10 Jobs/Better Wages Council, and the High Skills/High Wages
11 Council. For purposes of Pub. L. No. 105-220, the First
12 Jobs/First Wages Council shall serve as the state's youth
13 council.
14 (i)(j) Each member of the board of directors of the
15 Workforce Development Board who is not otherwise required to
16 file a financial disclosure pursuant to s. 8, Art. II of the
17 State Constitution or s. 112.3144 must file disclosure of
18 financial interests pursuant to s. 112.3145.
19 (5)(4) The Workforce Florida, Inc., Development Board
20 shall have all the powers and authority, not explicitly
21 prohibited by statute, necessary or convenient to carry out
22 and effectuate the purposes as determined by statute, Pub. L.
23 No. 105-220, and the Governor, as well as its functions,
24 duties, and responsibilities, including, but not limited to,
25 the following:
26 (a) Serving as the state's Workforce Investment Board
27 pursuant to Pub. L. No. 105-220. Unless otherwise required by
28 federal law, at least 90 percent of the workforce development
29 funding must go into direct customer service costs. Of the
30 allowable administrative overhead, appropriate amounts shall
31 be expended to procure independent job-placement evaluations.
33
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1 (b) Providing oversight and policy direction to ensure
2 that the following programs are administered by the Agency for
3 Workforce Innovation in compliance with approved plans and
4 under contract with Workforce Florida, Inc.:
5 1. Programs authorized under Title I of the Workforce
6 Investment Act of 1998, Pub. L. No. 105-220, with the
7 exception of programs funded directly by the United States
8 Department of Labor under Title I, s. 167.
9 2. Programs authorized under the Wagner-Peyser Act of
10 1933, as amended, 29 U.S.C. ss. 49 et seq.
11 3. Welfare-to-work grants administered by the United
12 States Department of Labor under Title IV, s. 403, of the
13 Social Security Act, as amended.
14 4. Activities authorized under Title II of the Trade
15 Act of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the
16 Trade Adjustment Assistance Program.
17 5. Activities authorized under 38 U.S.C., chapter 41,
18 including job counseling, training, and placement for
19 veterans.
20 6. Employment and training activities carried out
21 under the Community Services Block Grant Act, 42 U.S.C. ss.
22 9901 et seq.
23 7. Employment and training activities carried out
24 under funds awarded to this state by the United States
25 Department of Housing and Urban Development.
26 8. Welfare transition services funded by the Temporary
27 Assistance for Needy Families Program, created under the
28 Personal Responsibility and Work Opportunity Reconciliation
29 Act of 1996, as amended, Pub. L. No. 104-193, and Title IV, s.
30 403, of the Social Security Act, as amended.
31
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1 9. Displaced homemaker programs, provided under s.
2 446.50.
3 10. The Florida Bonding Program, provided under Pub.
4 L. No. 97-300, s. 164(a)(1).
5 11. The Food Stamp Employment and Training Program,
6 provided under the Food Stamp Act of 1977, U.S.C. ss.
7 2011-2032, the Food Security Act of 1988, Pub. L. No. 99-198,
8 and the Hunger Prevention Act, Pub. L. No. 100-435.
9 12. The Quick-Response Training Program, provided
10 under ss. 288.046-288.047. Matching funds and in-kind
11 contributions that are provided by clients of the
12 Quick-Response Training Program shall count toward the
13 requirements of s. 299.90151(5)(d), pertaining to the return
14 on investment from activities of Enterprise Florida, Inc.
15 13. The Work Opportunity Tax Credit, provided under
16 the Tax and Trade Relief Extension Act of 1998, Pub. L. No.
17 105-277, and the Taxpayer Relief Act of 1997, Pub. L. 105-34.
18 14. Offender placement services, provided under ss.
19 944.707-944.708.
20 15. Programs authorized under the National and
21 Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,
22 and the Service-America programs, the National Service Trust
23 programs, the Civilian Community Corps, the Corporation for
24 National and Community Service, the American Conservation and
25 Youth Service Corps, and the Points of Light Foundation
26 programs, if such programs are awarded to the state.
27 (c)(b) Contracting with public and private entities as
28 necessary to further the directives of this section. All
29 contracts executed by Workforce Florida, Inc., must include
30 specific performance expectations and deliverables., except
31 that any contract made with an organization represented on the
35
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1 board of directors of Enterprise Florida, Inc., or on the
2 board of directors of the Workforce Development Board must be
3 approved by a two-thirds vote of the entire board of directors
4 of the Workforce Development Board, and, if applicable, the
5 board member representing such organization shall abstain from
6 voting. No more than 65 percent of the dollar value of all
7 contracts or other agreements entered into in any fiscal year,
8 exclusive of grant programs, shall be made with an
9 organization represented on the board of directors of
10 Enterprise Florida, Inc., or the board of directors of the
11 Workforce Development Board. An organization represented on
12 the board of directors of the Workforce Development Board or
13 on the board of directors of Enterprise Florida, Inc., may not
14 enter into a contract to receive a state-funded economic
15 development incentive or similar grant unless such incentive
16 award is specifically endorsed by a two-thirds vote of the
17 entire board of directors of the Workforce Development Board.
18 The member of the board of directors of the Workforce
19 Development Board representing such organization, if
20 applicable, shall abstain from voting and refrain from
21 discussing the issue with other members of the board. No more
22 than 50 percent of the dollar value of grants issued by the
23 board in any fiscal year may go to businesses associated with
24 members of the board of directors of the Workforce Development
25 Board.
26 (c) Providing an annual report to the board of
27 directors of Enterprise Florida, Inc., by November 1 that
28 includes a copy of an annual financial and compliance audit of
29 its accounts and records conducted by an independent certified
30 public accountant and performed in accordance with rules
31 adopted by the Auditor General.
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1 (d) Notifying the Governor, the President of the
2 Senate, and the Speaker of the House of Representatives of
3 noncompliance by the Agency for Workforce Innovation or other
4 agencies or obstruction of the board's efforts by such
5 agencies. Upon such notification, the Executive Office of the
6 Governor shall assist agencies to bring them into compliance
7 with board objectives.
8 (e) Ensuring that the state does not waste valuable
9 training resources. Thus, the board shall direct that all
10 resources, including equipment purchased for training
11 Workforce Investment Act clients, be available for use at all
12 times by eligible populations as first priority users. At
13 times when eligible populations are not available, such
14 resources shall be used for any other state authorized
15 education and training purpose.
16 (f) Archiving records with the Bureau of Archives and
17 Records Management of the Division of Library and Information
18 Services of the Department of State.
19 (5) Notwithstanding s. 216.351, to allow time for
20 documenting program performance, funds allocated for the
21 incentives in s. 239.249 must be carried forward to the next
22 fiscal year and must be awarded for the current year's
23 performance, unless federal law requires the funds to revert
24 at the year's end.
25 (6) The Workforce Florida, Inc., Development Board may
26 take action that it deems necessary to achieve the purposes of
27 this section, including, but not limited to: and consistent
28 with the policies of the board of directors of Enterprise
29 Florida, Inc., in partnership with private enterprises, public
30 agencies, and other organizations. The Workforce Development
31 Board shall advise and make recommendations to the board of
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1 directors of Enterprise Florida, Inc., and through that board
2 of directors to the State Board of Education and the
3 Legislature concerning action needed to bring about the
4 following benefits to the state's social and economic
5 resources:
6 (a) Creating a state employment, education, and
7 training policy that ensures that programs to prepare workers
8 are responsive to present and future business and industry
9 needs and complement the initiatives of Enterprise Florida,
10 Inc.
11 (b) Establishing policy direction for a funding system
12 that provides incentives to improve the outcomes of vocational
13 education programs, and of registered apprenticeship and
14 work-based learning programs, and that focuses resources on
15 occupations related to new or emerging industries that add
16 greatly to the value of the state's economy.
17 (c) Establishing a comprehensive policy related
18 approach to the education and training of target populations
19 such as those who have disabilities, are economically
20 disadvantaged, receive public assistance, are not proficient
21 in English, or are dislocated workers. This approach should
22 ensure the effective use of federal, state, local, and private
23 resources in reducing the need for public assistance.
24 (d) Designating The designation of Institutes of
25 Applied Technology composed of public and private
26 postsecondary institutions working together with business,
27 labor, and industry to ensure that technical and vocational
28 education programs use the most advanced technology and
29 instructional methods available and respond to the changing
30 needs of business and industry. Of the funds reserved for
31 activities of the Workforce Investment Act at the state level,
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1 $500,000 shall be reserved for an institute of applied
2 technology in construction excellence, which shall be a
3 demonstration project on the development of such institutes.
4 The institute, once established, shall contract with the
5 Workforce Development Board to provide a coordinated approach
6 to workforce development in this industry.
7 (e) Providing policy direction for a system to project
8 and evaluate labor market supply and demand using the results
9 of the Workforce Estimating Occupational Forecasting
10 Conference created in s. 216.136 and the career education
11 performance standards identified under s. 239.233.
12 (f) Reviewing A review of the performance of public
13 programs that are responsible for economic development,
14 education, employment, and training. The review must include
15 an analysis of the return on investment of these programs.
16 (g) Expanding the occupations identified by the
17 Workforce Estimating Conference to meet needs created by local
18 emergencies or plant closings or to capture occupations within
19 emerging industries.
20 (7) By December 1 of each year, Workforce Enterprise
21 Florida, Inc., shall submit to the Governor, the President of
22 the Senate, the Speaker of the House of Representatives, the
23 Senate Minority Leader, and the House Minority Leader a
24 complete and detailed annual report by the Workforce
25 Development Board setting forth:
26 (a) All audits, including the audit in subsection (8),
27 if conducted.
28 (b) The operations and accomplishments of the
29 partnership including the programs or entities listed in
30 subsection (6).
31
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1 (8) The Auditor General may, pursuant to his or her
2 own authority or at the direction of the Legislative Auditing
3 Committee, conduct an audit of the Workforce Florida, Inc.,
4 Development Board or the programs or entities created by the
5 Workforce Florida, Inc. Development Board. The Office of
6 Program Policy Analysis and Government Accountability,
7 pursuant to its authority or at the direction of the
8 Legislative Auditing Committee, may review the systems and
9 controls related to performance outcomes and quality of
10 services of Workforce Florida, Inc.
11 (9) The Workforce Florida, Inc. Development Board, in
12 collaboration with the regional workforce development boards
13 and appropriate state agencies and local public and private
14 service providers, and in consultation with the Office of
15 Program Policy Analysis and Government Accountability, shall
16 establish uniform measures and standards to gauge the
17 performance of the workforce development strategy. These
18 measures and standards must be organized into three outcome
19 tiers.
20 (a) The first tier of measures must be organized to
21 provide benchmarks for systemwide outcomes. The Workforce
22 Florida, Inc., Development Board must, in collaboration with
23 the Office of Program Policy Analysis and Government
24 Accountability, establish goals for the tier-one outcomes.
25 Systemwide outcomes may include employment in occupations
26 demonstrating continued growth in wages; continued employment
27 after 3, 6, 12, and 24 months; reduction in and elimination of
28 public assistance reliance; job placement; employer
29 satisfaction; and positive return on investment of public
30 resources.
31
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1 (b) The second tier of measures must be organized to
2 provide a set of benchmark outcomes for the initiatives of the
3 First Jobs/First Wages Council, the Better Jobs/Better Wages
4 Council, and the High Skills/High Wages Council one-stop
5 Career Centers and for each of the strategic components of the
6 workforce development strategy. A set of standards and
7 measures must be developed for one-stop Career Centers, youth
8 employment activities, WAGES, and High Skills/High Wages,
9 targeting the specific goals of each particular strategic
10 component. Cost per entered employment, earnings at placement,
11 retention in employment, job placement, and entered employment
12 rate must be included among the performance outcome measures.
13 1. Appropriate measures for one-stop Career Centers
14 may include direct job placements at minimum wage, at a wage
15 level established by the Occupational Forecasting Conference,
16 and at a wage level above the level established by the
17 Occupational Forecasting Conference.
18 2. Appropriate measures for youth employment
19 activities may include the number of students enrolling in and
20 completing work-based programs, including apprenticeship
21 programs; job placement rate; job retention rate; wage at
22 placement; and wage growth.
23 3. WAGES measures may include job placement rate, job
24 retention rate, wage at placement, wage growth, reduction and
25 elimination of reliance on public assistance, and savings
26 resulting from reduced reliance on public assistance.
27 4. High Skills/High Wages measures may include job
28 placement rate, job retention rate, wage at placement, and
29 wage growth.
30 (c) The third tier of measures must be the operational
31 output measures to be used by the agency implementing
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1 programs, and it may be specific to federal requirements. The
2 tier-three measures must be developed by the agencies
3 implementing programs, and the Workforce Florida, Inc.,
4 Development Board may be consulted in this effort. Such
5 measures must be reported to the Workforce Florida, Inc.,
6 Development Board by the appropriate implementing agency.
7 (d) Regional differences must be reflected in the
8 establishment of performance goals and may include job
9 availability, unemployment rates, average worker wage, and
10 available employable population. All performance goals must be
11 derived from the goals, principles, and strategies established
12 in the Workforce Florida Act of 1996.
13 (e) Job placement must be reported pursuant to s.
14 229.8075. Positive outcomes for providers of education and
15 training must be consistent with ss. 239.233 and 239.245.
16 (f) The uniform measures of success that are adopted
17 by the Workforce Florida, Inc., Development Board or the
18 regional workforce development boards must be developed in a
19 manner that provides for an equitable comparison of the
20 relative success or failure of any service provider in terms
21 of positive outcomes.
22 (g) By December 1 October 15 of each year, the
23 Workforce Florida, Inc., Development Board shall provide the
24 Legislature with a report detailing the performance of
25 Florida's workforce development system, as reflected in the
26 three-tier measurement system. Additionally, this report must
27 benchmark Florida outcomes, at all tiers, against other states
28 that collect data similarly.
29 (10) The workforce development strategy for the state
30 shall be designed by Workforce Florida, Inc., and shall be
31
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1 centered around the strategies of First Jobs/First Wages,
2 Better Jobs/Better Wages, and High Skills/High Wages.
3 (a) First Jobs/First Wages is the state's strategy to
4 promote successful entry into the workforce through education
5 and workplace experience that lead to self-sufficiency and
6 career advancement. The components of the strategy include
7 efforts that enlist business, education, and community support
8 for students to achieve long-term career goals, ensuring that
9 young people have the academic and occupational skills
10 required to succeed in the workplace.
11 (b) Better Jobs/Better Wages is the state's strategy
12 for assisting employers in upgrading or updating the skills of
13 their employees and for assisting incumbent workers in
14 improving their performance in their current jobs or acquiring
15 the education or training needed to secure a better job with
16 better wages.
17 (c) High Skills/High Wages is the state's strategy for
18 aligning education and training programs with high-paying,
19 high-demand occupations that advance individuals' careers,
20 build a more skilled workforce, and enhance Florida's efforts
21 to attract and expand job-creating businesses.
22 (11) The workforce development system shall use a
23 charter-process approach aimed at encouraging local design and
24 control of service delivery and targeted activities. Workforce
25 Florida, Inc., shall be responsible for granting charters to
26 regional workforce boards that have a membership consistent
27 with the requirements of federal and state law and that have
28 developed a plan consistent with the state's workforce
29 development strategy. The plan must specify methods for
30 allocating the resources and programs in a manner that
31 eliminates unwarranted duplication, minimizes administrative
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1 costs, meets the existing job market demands and the job
2 market demands resulting from successful economic development
3 activities, ensures access to quality workforce development
4 services for all Floridians, allows for pro rata or partial
5 distribution of benefits and services, prohibits the creation
6 of a waiting list or other indication of an unserved
7 population, serves as many individuals as possible within
8 available resources, and maximizes successful outcomes. As
9 part of the charter process, Workforce Florida, Inc., shall
10 establish incentives for effective coordination of federal and
11 state programs, outline rewards for successful job placements,
12 and institute collaborative approaches among local service
13 providers. Local decisionmaking and control shall be important
14 components for inclusion in this charter application.
15 Section 5. Section 445.005, Florida Statutes, is
16 created to read:
17 445.005 First Jobs/First Wages, Better Jobs/Better
18 Wages, and High Skills/High Wages Councils of Workforce
19 Florida, Inc.--
20 (1) The chair of Workforce Florida, Inc., shall
21 establish by October 1, 2000, three standing councils, which
22 shall be known as the First Jobs/First Wages Council, the
23 Better Jobs/Better Wages Council, and the High Skills/High
24 Wages Council.
25 (a) The chair of Workforce Florida, Inc., shall
26 determine the number of members to serve on each council.
27 (b) Each council shall be composed of individuals
28 appointed by the chair of Workforce Florida, Inc., from the
29 membership of the board of directors and individuals from
30 outside Workforce Florida, Inc., who possess relevant
31 experience or expertise in the subject area of the council. A
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1 majority of the membership of each council must be members of
2 the board of directors of Workforce Florida, Inc.
3 (c) The chair of Workforce Florida, Inc., shall name a
4 chair for each council from among the members of the council
5 who are also members of the board of directors.
6 (d) Each council may meet at the call of its chair or
7 at the direction of the board of directors of Workforce
8 Florida, Inc., but shall meet at least quarterly.
9 (2) The First Jobs/First Wages Council shall develop
10 strategies for approval by the board of directors of Workforce
11 Florida, Inc., which promote the successful entry of
12 individuals, including young people and adults working for the
13 first time, into the workforce. The council shall advise the
14 board of directors and make recommendations on implementing
15 programs and expending funds in support of the First
16 Jobs/First Wages Program's strategies. The council shall serve
17 as the state's youth council for purposes of Pub. L. No.
18 105-220.
19 (3) The Better Jobs/Better Wages Council shall develop
20 strategies for approval by the board of directors of Workforce
21 Florida, Inc., which promote the ability of adult workers to
22 build careers by obtaining and retaining jobs with potential
23 for advancement. The mission of the council includes
24 developing strategies that promote the ability of participants
25 in the welfare transition program to succeed in the workforce
26 and avoid a return to dependence upon cash assistance from the
27 government. The council shall advise the board of directors
28 and make recommendations on implementing programs and
29 expending funds in support of the Better Jobs/Better Wages
30 Program's strategies.
31
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1 (4) The High Skills/High Wages Council shall develop
2 strategies for approval by the board of directors of Workforce
3 Florida, Inc., which align the education and training programs
4 with high-paying, high-demand occupations that advance
5 individuals' careers, build a more skilled workforce, and
6 enhance the state's efforts to attract and expand job-creating
7 businesses. The council shall advise the board of directors
8 and make recommendations on implementing programs and
9 expending funds in support of the High-Skills/High-Wages
10 Program's strategies.
11 Section 6. Section 445.006, Florida Statutes, is
12 created to read:
13 445.006 Strategic plan for workforce development.--
14 (1) Workforce Florida, Inc., in conjunction with state
15 and local partners in the workforce system, shall develop a
16 strategic plan for workforce, with the goal of producing
17 skilled employees for employers in the state. The strategic
18 plan shall be submitted to the Governor, the President of the
19 Senate, and the Speaker of the House of Representatives by
20 February 1, 2001. The strategic plan shall be updated or
21 modified by January 1 of each year thereafter. The plan must
22 include, but need not be limited to, strategies for:
23 (a) Fulfilling the workforce system goals and
24 strategies prescribed in s. 445.004;
25 (b) Aggregating, integrating, and leveraging workforce
26 system resources;
27 (c) Coordinating the activities of federal, state, and
28 local workforce system partners;
29 (d) Addressing the workforce needs of small
30 businesses; and
31
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1 (e) Fostering the participation of rural communities
2 and distressed urban cores in the workforce system.
3 (2) As a component of the strategic plan required
4 under this section, Workforce Florida, Inc., shall develop a
5 workforce marketing plan, with the goal of educating
6 individuals inside and outside the state about the employment
7 market and employment conditions in the state. The marketing
8 plan must include, but need not be limited to, strategies for:
9 (a) Distributing information to secondary and
10 postsecondary education institutions about the diversity of
11 businesses in the state, specific clusters of businesses or
12 business sectors in the state, and occupations by industry
13 which are in demand by employers in the state;
14 (b) Distributing information about and promoting use
15 of the Internet-based job matching and labor market
16 information system authorized under s. 445.011; and
17 (c) Coordinating with Enterprise Florida, Inc., to
18 ensure that workforce marketing efforts complement the
19 economic development marketing efforts of the state.
20 (3) The strategic plan must include performance
21 measures, standards, measurement criteria, and contract
22 guidelines in the following areas with respect to participants
23 in the welfare transition program:
24 (a) Work participation rates, by type of activity;
25 (b) Caseload trends;
26 (c) Recidivism;
27 (d) Participation in diversion and relocation
28 assistance programs;
29 (e) Employment retention;
30 (f) Wage growth; and
31
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1 (g) Other issues identified by the board of directors
2 of Workforce Florida, Inc.
3 (4) The strategic plan must include criteria for
4 allocating workforce resources to regional workforce boards.
5 With respect to allocating funds to serve customers of the
6 welfare transition program, such criteria may include
7 weighting factors that indicate the relative degree of
8 difficulty associated with securing and retaining employment
9 placements for specific subsets of the welfare transition
10 caseload.
11 (5)(a) The strategic plan must include a
12 performance-based payment structure to be used for all welfare
13 transition program customers which takes into account:
14 1. The degree of difficulty associated with placement
15 and retention;
16 2. The quality of the placement with respect to
17 salary, benefits, and opportunities for advancement; and
18 3. The employee's retention in the placement.
19 (b) The payment structure must provide for bonus
20 payments of up to 10 percent of the contract amount to
21 providers that achieve notable success in achieving contract
22 objectives, including, but not limited to, success in
23 diverting families in which there is an adult who is subject
24 to work requirements from receiving cash assistance and in
25 achieving long-term job retention and wage growth with respect
26 to welfare transition program customers. A service provider
27 shall be paid a maximum of one payment per service for each
28 participant during any given 6-month period.
29 (6)(a) The strategic plan must include strategies that
30 are designed to prevent or reduce the need for a person to
31 receive public assistance. These strategies must include:
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1 1. A teen pregnancy prevention component that
2 includes, but is not limited to, a plan for implementing the
3 Florida Education Now and Babies Later (ENABL) program under
4 s. 411.242 and the Teen Pregnancy Prevention Community
5 Initiative within each county of the services area in which
6 the teen birth rate is higher than the state average;
7 2. A component that encourages creation of
8 community-based welfare prevention and reduction initiatives
9 that increase support provided by noncustodial parents to
10 their welfare-dependent children and are consistent with
11 program and financial guidelines developed by Workforce
12 Florida, Inc., and the Commission on Responsible Fatherhood.
13 These initiatives may include, but are not limited to,
14 improved paternity establishment, work activities for
15 noncustodial parents, programs aimed at decreasing
16 out-of-wedlock pregnancies, encouraging involvement of fathers
17 with their children including court-ordered supervised
18 visitation, and increasing child support payments;
19 3. A component that encourages formation and
20 maintenance of two-parent families through, among other
21 things, court-ordered supervised visitation;
22 4. A component that fosters responsible fatherhood in
23 families receiving assistance; and
24 5. A component that fosters provision of services that
25 reduce the incidence and effects of domestic violence on women
26 and children in families receiving assistance.
27 (b) Specifications for welfare transition program
28 services that are to be delivered include, but are not limited
29 to:
30 1. Initial assessment services prior to an individual
31 being placed in an employment service, to determine whether
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1 the individual should be referred for relocation, up-front
2 diversion, education, or employment placement. Assessment
3 services shall be paid on a fixed unit rate and may not
4 provide educational or employment placement services.
5 2. Referral of participants to diversion and
6 relocation programs.
7 3. Preplacement services, including assessment,
8 staffing, career plan development, work orientation, and
9 employability skills enhancement.
10 4. Services necessary to secure employment for a
11 welfare transition program participant.
12 5. Services necessary to assist participants in
13 retaining employment, including, but not limited to, remedial
14 education, language skills, and personal and family
15 counseling.
16 6. Desired quality of job placements with regard to
17 salary, benefits, and opportunities for advancement.
18 7. Expectations regarding job retention.
19 8. Strategies to ensure that transition services are
20 provided to participants for the mandated period of
21 eligibility.
22 9. Services that must be provided to the participant
23 throughout an education or training program, such as
24 monitoring attendance and progress in the program.
25 10. Services that must be delivered to welfare
26 transition program participants who have a deferral from work
27 requirements but wish to participate in activities that meet
28 federal participation requirements.
29 11. Expectations regarding continued participant
30 awareness of available services and benefits.
31
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1 Section 7. Section 288.9953, Florida Statutes, is
2 transferred, renumbered as section 445.007, Florida Statutes,
3 and amended to read:
4 445.007 288.9953 Regional Workforce Development
5 Boards.--
6 (1) One regional workforce development board shall be
7 appointed in each designated service delivery area and shall
8 serve as the local workforce investment board pursuant to Pub.
9 L. No. 105-220. The membership of the board shall be
10 consistent with Pub. L. No. 105-220, Title I, s. 117(b), and
11 contain one representative from a nonpublic postsecondary
12 educational institution that is an authorized individual
13 training account provider within the region and confers
14 certificates and diplomas, one representative from a nonpublic
15 postsecondary educational institution that is an authorized
16 individual training account provider within the region and
17 confers degrees, and three representatives of organized labor.
18 Individuals serving as members of regional workforce
19 development boards or local WAGES coalitions, as of June 30,
20 2000, are eligible for appointment to regional workforce
21 boards, pursuant to this section. The importance of minority
22 and gender representation shall be considered when making
23 appointments to the board. If the regional workforce board
24 enters into a contract with an organization or individual
25 represented on the board of directors, the contract must be
26 approved by a two-thirds vote of the entire board, and the
27 board member who could benefit financially from the
28 transaction must abstain from voting on the contract. A board
29 member must disclose any such conflict in a manner that is
30 consistent with the procedures outlined in s. 112.3143. A
31 member of a regional workforce development board may not vote
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1 on a matter under consideration by the board regarding the
2 provision of services by such member, or by an entity that
3 such member represents; vote on a matter that would provide
4 direct financial benefit to such member or the immediate
5 family of such member; or engage in any other activity
6 determined by the Governor to constitute a conflict of
7 interest as specified in the state plan.
8 (2) The Workforce Florida, Inc., Development Board
9 will determine the timeframe and manner of changes to the
10 regional workforce development boards as required by this
11 chapter act and Pub. L. No. 105-220.
12 (3) The Workforce Florida, Inc., Development Board
13 shall assign staff to meet with each regional workforce
14 development board annually to review the board's performance
15 and to certify that the board is in compliance with applicable
16 state and federal law.
17 (4) In addition to the duties and functions specified
18 by the Workforce Florida, Inc., Development Board and by the
19 interlocal agreement approved by the local county or city
20 governing bodies, the regional workforce development board
21 shall have the following responsibilities:
22 (a) Develop, submit, ratify, or amend the local plan
23 pursuant to Pub. L. No. 105-220, Title I, s. 118 and the
24 provisions of this act.
25 (b) Conclude agreements necessary to designate the
26 fiscal agent and administrative entity. A public or private
27 entity, other than an entity established pursuant to s.
28 163.01, which makes a majority of the appointments to a
29 regional workforce board may serve as the board's
30 administrative entity if approved by Workforce Florida, Inc.,
31
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1 upon a showing that a fair and competitive process was used to
2 select the administrative entity.
3 (c) Complete assurances required for the Workforce
4 Development Board charter process of Workforce Florida, Inc.,
5 and provide ongoing oversight related to administrative costs,
6 duplicated services, career counseling, economic development,
7 equal access, compliance and accountability, and performance
8 outcomes.
9 (d) Oversee the one-stop delivery system Career
10 Centers in its local area.
11 (5) The Workforce Florida, Inc., Development Board
12 shall implement a training program for the regional workforce
13 development boards to familiarize board members with the
14 state's workforce development goals and strategies. The
15 regional workforce development board shall designate all local
16 service providers and shall not transfer this authority to a
17 third party. In order to exercise independent oversight, the
18 regional workforce development board shall not be a direct
19 provider of intake, assessment, eligibility determinations, or
20 other direct provider services.
21 (6) Regional workforce development boards may appoint
22 local committees to obtain technical assistance on issues of
23 importance, including those issues affecting older workers.
24 (7) Each regional workforce development board shall
25 establish by October 1, 2000, a High Skills/High Wages
26 committee consisting of at least five private-sector business
27 representatives appointed in consultation with local chambers
28 of commerce by the primary county economic development
29 organization within the region, as identified by Enterprise
30 Florida, Inc.; a representative of each primary county
31 economic development organization within the region;,
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1 including the regional workforce development board chair; the
2 presidents of all community colleges within the board's
3 region; those district school superintendents with authority
4 for conducting postsecondary educational programs within the
5 region; two representatives of organized labor; and two
6 representatives a representative from a nonpublic
7 postsecondary educational institutions institution that are is
8 an authorized individual training account providers provider
9 within the region, appointed by the chair of the regional
10 workforce board. If possible, one of the nonpublic educational
11 institutions represented must be accredited by the Southern
12 Association of Colleges and Schools. The business
13 representatives appointed by the primary county economic
14 development organizations other than the board chair need not
15 be members of the regional workforce development board and
16 shall represent those industries that are of primary
17 importance to the region's current and future economy. In a
18 multicounty region, each primary county economic development
19 organization within the region shall appoint at least one
20 business representative and shall consult with the other
21 primary county economic development organizations within the
22 region to make joint appointments when necessary.
23 (a) At least annually During fiscal year 1999-2000,
24 each High Skills/High Wages committee shall submit, quarterly,
25 recommendations to the Workforce Florida, Inc., Development
26 Board related to:
27 1. Policies to enhance the responsiveness of High
28 Skills/High Wages programs in its region to business and
29 economic development opportunities.
30 2. Integrated use of state education and federal
31 workforce development funds to enhance the training and
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1 placement of designated population individuals with local
2 businesses and industries.
3 (b) The committees shall also make reports to
4 Workforce Florida, Inc., annually, on dates specified by
5 Workforce Florida, Inc., that identify occupations in the
6 region deemed critical to business retention, expansion, and
7 recruitment activities, based on guidelines set by Workforce
8 Florida, Inc. Such guidelines shall include research of the
9 workforce needs of private employers in the region, in
10 consultation with local chambers of commerce and economic
11 development organizations. Occupations identified pursuant to
12 this paragraph shall be considered by Workforce Florida, Inc.,
13 for inclusion in the region's targeted occupation list. After
14 fiscal year 1999-2000, the Workforce Development Board has the
15 discretion to decrease the frequency of reporting by the High
16 Skills/High Wages committees, but the committees shall meet
17 and submit any recommendations at least annually.
18 (c) Annually, the Workforce Development Board shall
19 compile all the recommendations of the High Skills/High Wages
20 committees, research their feasibility, and make
21 recommendations to the Governor, the President of the Senate,
22 and the Speaker of the House of Representatives.
23 (8) Each regional workforce board shall establish a
24 Better Jobs/Better Wages committee consisting of at least five
25 members. Initial appointments to this committee shall include
26 at least three members of the local WAGES coalition,
27 established pursuant to chapter 96-175, Laws of Florida.
28 Membership shall also include at least one representative of
29 organized labor.
30 (9) Each regional workforce board shall establish a
31 First Jobs/First Wages committee consisting of at least five
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1 members, including at least one representative of organized
2 labor. This committee shall serve as the youth council for
3 purposes of Pub. L. No. 105-220.
4 (10) The importance of minority and gender
5 representation shall be considered when appointments are made
6 to any committee established by the regional workforce board.
7 (11) For purposes of procurement, regional workforce
8 boards and their administrative entities are not state
9 agencies, but the boards and their administrative entities
10 must comply with state procurement laws and procedures until
11 Workforce Florida, Inc., adopts the provisions or alternative
12 procurement procedures that meet the requirements of federal
13 law. All contracts executed by regional workforce boards must
14 include specific performance expectations and deliverables.
15 Section 8. Section 445.008, Florida Statutes, is
16 created to read:
17 445.008 Workforce Training Institute.--
18 (1) Workforce Florida, Inc., may create the Workforce
19 Training Institute, which shall be a comprehensive program of
20 workforce training courses designed to meet the unique needs
21 of and shall include Internet-based training modules suitable
22 for, and made available to, professionals integral to the
23 workforce system, including advisors and counselors in
24 educational institutions.
25 (2) Workforce Florida, Inc., may enter into a contract
26 for the provision of administrative support services for the
27 institute. Workforce Florida, Inc., shall adopt policies for
28 the administration and operation of the institute and
29 establish admission fees in an amount which, in the aggregate,
30 does not exceed the cost of the program. Workforce Florida,
31
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1 Inc., may accept donations or grants of any type for any
2 function or purpose of the institute.
3 (3) All moneys, fees, donations, or grants collected
4 by Workforce Florida, Inc., under this section shall be
5 applied to cover all costs incurred in establishing and
6 conducting the workforce training programs authorized under
7 this section, including, but not limited to, salaries for
8 instructors and costs of materials connected to such programs.
9 Section 9. Section 288.9951, Florida Statutes, is
10 transferred, renumbered as section 445.009, Florida Statutes,
11 and amended to read:
12 445.009 288.9951 One-stop delivery system Career
13 Centers.--
14 (1) The one-stop delivery system is Career Centers
15 comprise the state's primary initial customer-service strategy
16 delivery system for offering every Floridian access, through
17 service sites or telephone or computer networks, to the
18 following services:
19 (a) Job search, referral, and placement assistance.
20 (b) Career counseling and educational planning.
21 (c) Consumer reports on service providers.
22 (d) Recruitment and eligibility determination.
23 (e) Support services, including child care and
24 transportation assistance to gain employment.
25 (f) Employability skills training.
26 (g) Adult education and basic skills training.
27 (h) Technical training leading to a certification and
28 degree.
29 (i) Claim filing for unemployment compensation
30 services.
31
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1 (j) Temporary income, health, nutritional, and housing
2 assistance.
3 (k) Other appropriate and available workforce
4 development services.
5 (2) In addition to the mandatory partners identified
6 in Pub. L. No. 105-220, Food Stamp Employment and Training,
7 Food Stamp work programs, and WAGES/TANF programs shall, upon
8 approval by the Governor of a transition plan prepared by the
9 Workforce Development Board in collaboration with the WAGES
10 Program State Board of Directors, participate as partners in
11 each one-stop Career Center. Based on this plan, each partner
12 is prohibited from operating independently from a One-Stop
13 Career Center unless approved by the regional workforce
14 development board. Services provided by partners who are not
15 physically located in a One-Stop Career Center must be
16 approved by the regional workforce development board.
17 (2)(a)(3) Subject to a process designed by the
18 Workforce Florida, Inc. Development Board, and in compliance
19 with Pub. L. No. 105-220, regional workforce development
20 boards shall designate one-stop delivery system Career Center
21 operators.
22 (b) A regional workforce board may designate as its
23 one-stop delivery system operator any public or private entity
24 that is eligible to provide services under any state or
25 federal workforce program that is a mandatory or discretionary
26 partner in the region's one-stop delivery system if approved
27 by Workforce Florida, Inc., upon a showing by the regional
28 workforce board that a fair and competitive process was used
29 in the selection. As a condition of authorizing a regional
30 workforce board to designate such an entity as its one-stop
31 delivery system operator, Workforce Florida, Inc., must
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1 require the regional workforce board to demonstrate that
2 safeguards are in place to ensure that the one-stop delivery
3 system operator will not exercise an unfair competitive
4 advantage or unfairly refer or direct customers of the
5 one-stop delivery system to services provided by that one-stop
6 delivery system operator. A regional workforce development
7 board may retain its current One-Stop Career Center operator
8 without further procurement action where the board has
9 established a One-Stop Career Center that has complied with
10 federal and state law.
11 (3)(4) Notwithstanding any other provision of law, any
12 memorandum of understanding in effect on June 30, 2000,
13 between a regional workforce board and the Department of Labor
14 and Employment Security governing the delivery of workforce
15 services shall remain in effect until September 30, 2000.
16 Beginning October 1, 2000, regional workforce boards shall
17 enter into a memorandum of understanding with the Agency for
18 Workforce Innovation for the delivery of employment services
19 authorized by the federal Wagner-Peyser Act. This memorandum
20 of understanding must be performance based. effective July 1,
21 1999, regional workforce development boards shall enter into a
22 memorandum of understanding with the Department of Labor and
23 Employment Security for the delivery of employment services
24 authorized by Wagner-Peyser. For fiscal year 1999-2000, the
25 memorandum of understanding with the Department of Labor and
26 Employment Security must be performance-based, dedicating 15
27 percent of the funds to performance payments. Performance
28 payments shall be based on performance measures developed by
29 the Workforce Development Board.
30
31
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1 (a) Unless otherwise required by federal law, at least
2 90 percent of the Wagner-Peyser funding must go into direct
3 customer service costs.
4 (b) Employment services must be provided through the
5 one-stop delivery system Career Centers, under the guidance of
6 one-stop delivery system Career Center operators. One-stop
7 delivery system operators shall have overall authority for
8 directing the staff of the workforce system. Personnel matters
9 shall remain under the ultimate authority of the Agency for
10 Workforce Innovation. However, the one-stop delivery system
11 operator shall submit to the agency information concerning the
12 job performance of agency employees who deliver employment
13 services. The agency shall consider any such information
14 submitted by the one-stop delivery system operator in
15 conducting performance appraisals of the employees.
16 (c) Notwithstanding any provision of chapter 110 to
17 the contrary, an agency employee shall retain his or her
18 position classification as a state employee, as well as any
19 state employee personnel rights or benefits associated with
20 that position classification. The agency shall retain fiscal
21 responsibility and accountability for the administration of
22 funds allocated to the state under the Wagner-Peyser Act. An
23 agency employee who is providing services authorized under the
24 Wagner-Peyser Act shall be paid using Wagner-Peyser Act funds.
25 (d) The Office of Program Policy Analysis and
26 Government Accountability, in consultation with Workforce
27 Florida, Inc., shall review the delivery of employment
28 services under the Wagner-Peyser Act and the integration of
29 those services with other activities performed through the
30 one-stop delivery system and shall provide recommendations to
31 the Legislature for improving the effectiveness of the
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1 delivery of employment services in this state. The Office of
2 Program Policy Analysis and Government Accountability shall
3 submit a report and recommendations to the Governor, the
4 President of the Senate, and the Speaker of the House of
5 Representatives by December 31, 2002.
6 (4)(5) One-stop delivery system Career Center partners
7 identified in subsection (2) shall enter into a memorandum of
8 understanding pursuant to Pub. L. No. 105-220, Title I, s.
9 121, with the regional workforce development board. Failure of
10 a local partner to participate cannot unilaterally block the
11 majority of partners from moving forward with their one-stop
12 delivery system Career Centers, and the Workforce Florida,
13 Inc. Development Board, pursuant to s. 445.004(5)(d) s.
14 288.9952(4)(d), may make notification of a local partner that
15 fails to participate.
16 (5)(a)(6) To the extent possible, core services, as
17 defined by Pub. L. No. 105-220, shall be provided
18 electronically, using utilizing existing systems and public
19 libraries. These electronic systems shall be linked and
20 integrated into a comprehensive service system to simplify
21 access to core services by:
22 1. Maintaining staff to serve as the first point of
23 contact with the public seeking access to employment services
24 who are knowledgeable about each program located in each
25 one-stop delivery system center as well as related services.
26 An initial determination of the programs for which a customer
27 is likely to be eligible and any referral for a more thorough
28 eligibility determination must be made at this first point of
29 contact; and
30 2. Establishing an automated, integrated intake
31 screening and eligibility process where customers will provide
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1 information through a self-service intake process that may be
2 accessed by staff from any participating program.
3 (b) To expand electronic capabilities, the Workforce
4 Florida, Inc. Development Board, working with regional
5 workforce development boards, shall develop a centralized help
6 center to assist regional workforce development boards in
7 fulfilling core services, minimizing the need for fixed-site
8 one-stop delivery system Career centers.
9 (c) To the extent feasible, core services shall be
10 accessible through the Internet. Through this technology, core
11 services shall be made available at public libraries, public
12 and private educational institutions, community centers,
13 kiosks, neighborhood facilities, and satellite one-stop
14 delivery system sites. Each regional workforce board's web
15 page shall serve as a portal for contacting potential
16 employees by integrating the placement efforts of universities
17 and private companies, including staffing services firms, into
18 the existing one-stop delivery system.
19 (6)(7) Intensive services and training provided
20 pursuant to Pub. L. No. 105-220, shall be provided to
21 individuals through Intensive Service Accounts and Individual
22 Training Accounts. The Workforce Florida, Inc., Development
23 Board shall develop, by July 1, 1999, an implementation plan,
24 including identification of initially eligible training
25 providers, transition guidelines, and criteria for use of
26 these accounts. Individual Training Accounts must be
27 compatible with Individual Development Accounts for education
28 allowed in federal and state welfare reform statutes.
29 (7)(8)(a) Individual Training Accounts must be
30 expended on programs that prepare people to enter high-wage
31 occupations identified by the Workforce Estimating
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1 Occupational Forecasting Conference created by s. 216.136, and
2 on other programs as approved by the Workforce Florida, Inc.
3 Development Board.
4 (b) For each approved training program, regional
5 workforce development boards, in consultation with training
6 providers, shall establish a fair-market purchase price to be
7 paid through an Individual Training Account. The purchase
8 price must be based on prevailing costs and reflect local
9 economic factors, program complexity, and program benefits,
10 including time to beginning of training and time to
11 completion. The price shall ensure the fair participation of
12 public and nonpublic postsecondary educational institutions as
13 authorized service providers and shall prohibit the use of
14 unlawful remuneration to the student in return for attending
15 an institution. Unlawful remuneration does not include student
16 financial assistance programs.
17 (c) The Workforce Florida, Inc., Development Board
18 shall periodically review Individual Training Account pricing
19 schedules developed by regional workforce development boards
20 and present findings and recommendations for process
21 improvement to the President of the Senate and the Speaker of
22 the House of Representatives by January 1, 2000.
23 (d) To the maximum extent possible, training providers
24 shall use funding sources other than the funding provided
25 under Pub. L. No. 105-220. A performance outcome related to
26 alternative financing obtained by the training provider shall
27 be established by the Workforce Florida, Inc., Development
28 Board and used for performance evaluation purposes. The
29 performance evaluation must take into consideration the number
30 of alternative funding sources.
31
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1 (e) Training services provided through Individual
2 Training Accounts must be performance-based, with successful
3 job placement triggering full payment.
4 (f) The accountability measures to be used in
5 documenting competencies acquired by the participant during
6 training shall be literacy completion points and occupational
7 completion points. Literacy completion points refers to the
8 academic or workforce readiness competencies that qualify a
9 person for further basic education, vocational education, or
10 for employment. Occupational completion points refers to the
11 vocational competencies that qualify a person to enter an
12 occupation that is linked to a vocational program.
13 (8)(9)(a) Workforce Florida, Inc. The Department of
14 Management Services, working with the Agency for Workforce
15 Innovation Workforce Development Board, shall coordinate among
16 the agencies a plan for a One-Stop Career Center Electronic
17 Network made up of one-stop delivery system Career centers and
18 other partner agencies that are operated by authorized public
19 or private for-profit or not-for-profit agents. The plan shall
20 identify resources within existing revenues to establish and
21 support this electronic network for service delivery that
22 includes Government Services Direct. If necessary, the plan
23 shall identify additional funding needed to achieve the
24 provisions of this subsection.
25 (b) The network shall assure that a uniform method is
26 used to determine eligibility for and management of services
27 provided by agencies that conduct workforce development
28 activities. The Department of Management Services shall
29 develop strategies to allow access to the databases and
30 information management systems of the following systems in
31
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1 order to link information in those databases with the one-stop
2 delivery system Career Centers:
3 1. The Unemployment Compensation System of the
4 Department of Labor and Employment Security.
5 2. The Job Service System of the Department of Labor
6 and Employment Security.
7 3. The FLORIDA System and the components related to
8 WAGES, food stamps, and Medicaid eligibility.
9 4. The Workers' Compensation System of the Department
10 of Labor and Employment Security.
11 5. The Student Financial Assistance System of the
12 Department of Education.
13 6. Enrollment in the public postsecondary education
14 system.
15 7. Other information systems determined appropriate by
16 Workforce Florida, Inc.
17
18 The systems shall be fully coordinated at both the state and
19 local levels by July January 1, 2001 2000.
20 (9) The one-stop delivery system may use private
21 sector staffing services firms in the provision of workforce
22 services to individuals and employers in the state. Regional
23 workforce boards may collaborate with staffing services firms
24 in order to facilitate the provision of workforce services.
25 Regional workforce boards may contract with private sector
26 staffing services firms to design programs that meet the
27 employment needs of the region. All such contracts must be
28 performance-based and require a specific period of job tenure
29 prior to payment.
30 (10) To avoid any delay or disruption of services, a
31 participant or an individual redirected through up-front
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1 diversion is presumed to be eligible for transitional services
2 except transitional Medicaid, which must be determined in
3 accordance with federal policy. Upon notification that a
4 participant or diverted individual has obtained employment,
5 the regional workforce board shall provide all transitional
6 benefits and services until the designated administering
7 department or entity confirms eligibility or advises the
8 regional workforce board that the individual does not meet the
9 eligibility requirements. Regardless, the regional workforce
10 board is responsible for payment of any child care
11 registration fees and sick child care for all eligible
12 participants or redirected individuals.
13 Section 10. (1) It is the intent of the Legislature
14 that the changes to the workforce system made by this act,
15 including, but not limited to, the transfer of any workforce
16 policy, program, or administrative responsibility to Workforce
17 Florida, Inc., or to the Agency for Workforce Innovation, be
18 accomplished with minimal disruption of services provided to
19 the public and with minimal disruption to employees of any
20 organization in the workforce system. To that end, the
21 Legislature directs all applicable units of state government
22 to contribute to the successful implementation of this act,
23 and the Legislature believes that a transition period between
24 the effective date of this act and October 1, 2000, is
25 appropriate and warranted.
26 (2) Workforce Florida, Inc., shall coordinate the
27 development and implementation of a transition plan that
28 supports the implementation of this act. The Department of
29 Management Services, the Department of Labor and Employment
30 Security, and all other state agencies identified by Workforce
31 Florida, Inc., shall cooperate fully in developing and
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1 implementing the plan and shall dedicate the financial and
2 staff resources that are necessary to implement the plan.
3 (3) The Governor shall designate a staff member of the
4 Office of Planning and Budgeting to serve as the Governor's
5 primary representative on matters related to implementing this
6 act and the transition plan required under this section. The
7 representative shall report to the Governor, the President of
8 the Senate, and the Speaker of the House of Representatives on
9 the progress being made in implementing this act and the
10 transition plan, including, but not limited to, the adverse
11 impact on workforce services provided to the public, or any
12 other negative consequence, of meeting any deadline imposed by
13 this act, any difficulties experienced by Workforce Florida,
14 Inc., in securing the full participation and cooperation of
15 applicable state agencies. The representative shall also
16 coordinate the submission of any budget amendments, in
17 accordance with chapter 216, Florida Statutes, that may be
18 necessary to implement this act.
19 (4) Upon the recommendation and guidance from
20 Workforce Florida, Inc., in order to carry out the changes
21 made by this act to the workforce system, the Governor shall
22 submit in a timely manner to the applicable departments or
23 agencies of the Federal Government any necessary amendments or
24 supplemental information concerning plans that the state is
25 required to submit to the Federal Government in connection
26 with any federal or state workforce program. The Governor
27 shall seek any waivers from the requirements of federal law or
28 rules which may be necessary to administer the provisions of
29 this act.
30 (5) The transfer of any program, activity, or function
31 under this act includes the transfer of any records and
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1 unexpended balances of appropriations, allocations, or other
2 funds related to such program, activity, or function. Unless
3 otherwise provided, the successor organization to any program,
4 activity, or function transferred under this act shall become
5 the custodian of any property of the organization that was
6 responsible for the program, activity, or function immediately
7 prior to the transfer.
8 (6) Workforce Florida, Inc., may contract with the
9 Office of Tourism, Trade, and Economic Development within the
10 Executive Office of the Governor to take any necessary initial
11 steps in preparing to become the state's principal workforce
12 policy organization on October 1, 2000, consistent with the
13 provisions of this act.
14 Section 11. (1) Effective July 1, 2000, the following
15 programs and functions are assigned and transferred to
16 Workforce Florida, Inc.:
17 (a) The WAGES Program State Board of Directors support
18 staff, data, records, contract personnel, property, and
19 unexpended balances of appropriations, allocations, and other
20 funds from the Executive Office of the Governor.
21 (b) The programs, activities, and functions of the
22 Workforce Development Board of Enterprise Florida, Inc.,
23 including records, personnel, property, and unexpended
24 balances of funds. To reduce administrative cost, Workforce
25 Florida, Inc., may contract with Enterprise Florida, Inc., for
26 the provision of personnel, property management, and other
27 support services.
28 (2) Effective July 1, 2000, the Bureau of
29 Apprenticeship of the Division of Jobs and Benefits is
30 transferred by a type two transfer, as defined in s. 20.06(2),
31 Florida Statutes, from the Department of Labor and Employment
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1 Security to the Division of Workforce Development in the
2 Department of Education.
3 (3) Effective October 1, 2000, employees of the
4 Workforce Development Board of Enterprise Florida, Inc., who
5 are leased from the Department of Management Services are
6 transferred by a type two transfer, as defined in section
7 20.06(2), Florida Statutes, to the Agency for Workforce
8 Innovation.
9 (4) Effective October 1, 2000, the following programs
10 and functions are transferred to the Agency for Workforce
11 Innovation:
12 (a) The Division of Workforce and Employment
13 Opportunities and the Office of Labor Market Statistics are
14 transferred by a type two transfer, as defined in section
15 20.06(2), Florida Statutes, from the Department of Labor and
16 Employment Security. Employees who are responsible for
17 licensing and permitting business agents and labor
18 organizations under chapter 447, Florida Statutes, and
19 employees who are responsible for regulations relating to
20 minority labor groups under chapter 450, Florida Statutes, are
21 not included in this transfer.
22 (b) The resources, staff, data, records, personnel,
23 property, and unexpended balances of appropriations,
24 allocations, and other funds and information systems within
25 the Office of the Secretary, Office of Information Systems, or
26 any other division, office, bureau, or unit within the
27 Department of Labor and Employment Security that support the
28 Division of Workforce and Employment Opportunities are
29 transferred by a type two transfer, as defined in section
30 20.06(2), Florida Statutes, from the Department of Labor and
31 Employment Security.
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1 (c) Staff of the displaced homemaker program are
2 transferred by a type two transfer, as defined in section
3 20.06(2), Florida Statutes, from the Department of Education.
4 (d) Staff of the WAGES Contracting Division are
5 transferred by a type two transfer, as defined in s. 20.06
6 (2), Florida Statutes, from the Department of Management
7 Services.
8 (5) Unless already met or exceeded by reductions
9 required by the General Appropriations Act, prior to effecting
10 the transfer of staff required by paragraphs (3)(a) and (b),
11 the Department of Labor and Employment Security shall reduce
12 by 25 percent within the Division of Workforce and Employment
13 Opportunities the number of positions not engaged in directly
14 providing workforce development services to customers or in
15 supervising the direct provision of workforce development
16 services. Prior to January 15, 2001, Workforce Florida, Inc.,
17 in cooperation with the Agency for Workforce Innovation, shall
18 submit to the Governor, the President of the Senate, and the
19 Speaker of the House of Representatives a plan for
20 reorganizing and further reducing the number of staff members
21 transferred pursuant to paragraphs (3)(a) and (b).
22 Section 12. Section 445.010, Florida Statutes, is
23 created to read:
24 445.010 Workforce system information technology;
25 principles and information sharing.--
26 (1) The following principles shall guide the
27 development and management of workforce system information
28 resources:
29 (a) Workforce system entities should be committed to
30 information sharing.
31
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1 (b) Cooperative planning by workforce system entities
2 is a prerequisite for the effective development of systems to
3 enable the sharing of data.
4 (c) Workforce system entities should maximize public
5 access to data, while complying with legitimate security,
6 privacy, and confidentiality requirements.
7 (d) When the capture of data for the mutual benefit of
8 workforce system entities can be accomplished, the costs for
9 capturing, managing, and disseminating those data should be
10 shared.
11 (e) The redundant capture of data should, insofar as
12 possible, be eliminated.
13 (f) Only data that are auditable, or that otherwise
14 can be determined to be accurate, valid, and reliable, should
15 be maintained in workforce information systems.
16 (g) The design of workforce information systems should
17 support technological flexibility for users without
18 compromising system integration or data integrity, be based
19 upon open standards, and use platform-independent technologies
20 to the fullest extent possible.
21 (2) Information that is essential to the integrated
22 delivery of services through the one-stop delivery system must
23 be shared between partner agencies within the workforce system
24 to the full extent permitted under state and federal law. In
25 order to enable the full integration of services for a
26 specific workforce system customer, that customer must be
27 offered the opportunity to provide written consent prior to
28 sharing any information concerning that customer between the
29 workforce system partners which is subject to confidentiality
30 under state or federal law.
31
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1 Section 13. Section 445.011, Florida Statutes, is
2 created to read:
3 445.011 Workforce information systems.--
4 (1) Workforce Florida, Inc., shall implement, subject
5 to legislative appropriation, automated information systems
6 that are necessary for the efficient and effective operation
7 and management of the workforce development system. These
8 information systems shall include, but need not be limited to,
9 the following:
10 (a) An integrated management system for the one-stop
11 service delivery system, which includes, at a minimum, common
12 registration and intake, screening for needs and benefits,
13 case planning and tracking, training benefits management,
14 service and training provider management, performance
15 reporting, executive information and reporting, and
16 customer-satisfaction tracking and reporting.
17 1. The system should report current budgeting,
18 expenditure, and performance information for assessing
19 performance related to outcomes, service delivery, and
20 financial administration for workforce programs pursuant to
21 ss. 445.004(5) and 445.004(9).
22 2. The information system should include auditable
23 systems and controls to ensure financial integrity and valid
24 and reliable performance information.
25 3. The system should support service integration and
26 case management by providing for case tracking for
27 participants in welfare transition programs.
28 (b) An automated job-matching information system that
29 is accessible to employers, job seekers, and other users via
30 the Internet, and that includes, at a minimum:
31
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1 1. Skill match information, including skill gap
2 analysis; resume creation; job order creation; skill tests;
3 job search by area, employer type, and employer name; and
4 training provider linkage;
5 2. Job market information based on surveys, including
6 local, state, regional, national, and international
7 occupational and job availability information; and
8 3. Service provider information, including education
9 and training providers, child care facilities and related
10 information, health and social service agencies, and other
11 providers of services that would be useful to job seekers.
12 (2) In procuring workforce information systems,
13 Workforce Florida, Inc., shall employ competitive processes,
14 including requests for proposals, competitive negotiation, and
15 other competitive processes to ensure that the procurement
16 results in the most cost-effective investment of state funds.
17 (3) Workforce Florida, Inc., may procure independent
18 verification and validation services associated with
19 developing and implementing any workforce information system.
20 (4) Workforce Florida, Inc., shall coordinate
21 development and implementation of workforce information
22 systems with the state's Chief Information Officer in the
23 State Technology Office to ensure compatibility with the
24 state's information system strategy and enterprise
25 architecture.
26 Section 14. (1) By December 15, 2000, the
27 Postsecondary Education Planning Commission, in close
28 consultation with Workforce Florida, Inc., and in consultation
29 with the Division of Community Colleges and the Division of
30 Workforce Development in the Department of Education, the
31 State Board of Independent Colleges and Universities, and the
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1 State Board of Nonpublic Career Education, shall submit a
2 report to the Governor, the President of the Senate, and the
3 Speaker of the House of Representatives, recommending
4 strategies to expand access to and production of certificates
5 and degrees in programs that provide the skilled workforce
6 needed for Florida's economy.
7 (2) The report shall address the following issues and
8 options:
9 (a) New and innovative targeted financial aid
10 programs.
11 (b) Initiatives to encourage the restructuring of
12 curriculum to provide a better response to the needs of
13 Florida's businesses and industries.
14 (c) Performance-based incentive funding to state
15 universities for increased production of graduates from
16 targeted programs.
17 (d) Performance-based incentive funding to state
18 universities and other initiatives for providing accelerated
19 articulation options to students awarded an Associate of
20 Science degree.
21 (e) Innovative uses of federal Workforce Investment
22 Act and Welfare to Work funds to provide the broadest
23 eligibility for and promote access to targeted high priority
24 educational programs.
25 Section 15. Section 445.013, Florida Statutes, is
26 created to read:
27 445.013 Challenge grants in support of welfare-to-work
28 initiatives.--
29 (1) Workforce Florida, Inc., shall establish a
30 "Step-Up Challenge Grant Program" designed to maximize the use
31 of federal welfare-to-work funds that are available to the
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1 state. The purpose of this challenge grant program is to
2 ensure that needy Floridians obtain training and education to
3 support retention of employment and achievement of
4 self-sufficiency through career advancement.
5 (2) Workforce Florida, Inc., shall solicit the
6 participation of not-for-profit organizations, for-profit
7 organizations, educational institutions, and units of
8 government in this program. Eligible organizations include,
9 but are not limited to:
10 (a) Public and private educational institutions, as
11 well as their associations and scholarship funds;
12 (b) Faith-based organizations;
13 (c) Community development or community improvement
14 organizations;
15 (d) College or university alumni organizations or
16 fraternities or sororities;
17 (e) Community-based organizations dedicated to
18 addressing the challenges of inner city, rural, or minority
19 youth;
20 (f) Chambers of commerce or similar business or civic
21 organizations;
22 (g) Neighborhood groups or associations, including
23 communities receiving a "Front Porch Florida" designation;
24 (h) Municipalities, counties, or other units of
25 government;
26 (i) Private businesses; and
27 (j) Other organizations deemed appropriate by
28 Workforce Florida, Inc.
29 (3) If an eligible organization pledges to sponsor an
30 individual in postemployment education or training approved by
31 Workforce Florida, Inc., by providing the match of nonfederal
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1 funds required under the federal welfare-to-work grant
2 program, Workforce Florida, Inc., shall earmark
3 welfare-to-work funds in support of the sponsored individual
4 and the designated training or education project. Workforce
5 Florida, Inc., and the eligible organization shall enter into
6 an agreement governing the disbursement of funds which
7 specifies the services to be provided for the benefit of the
8 eligible participant. Individuals receiving training or
9 education under this program must meet the eligibility
10 criteria of the federal welfare-to-work grant program, and
11 Workforce Florida, Inc., must disperse funds in compliance
12 with regulations or other requirements of the federal
13 welfare-to-work grant program.
14 (4) Workforce Florida, Inc., shall establish
15 guidelines governing the administration of the program
16 provided under this section and shall establish criteria to be
17 used in evaluating funding proposals. One of the evaluation
18 criteria must be a determination that the education or
19 training provided under the grant will enhance the ability of
20 the individual to retain employment and achieve
21 self-sufficiency through career advancement.
22 (5) Federal welfare-to-work funds appropriated by the
23 Legislature which are not fully expended in support of this
24 program may be used by Workforce Florida, Inc., in support of
25 other activities authorized under the welfare-to-work grant.
26 Section 16. Section 288.9955, Florida Statutes, is
27 transferred, renumbered as section 445.016, Florida Statutes,
28 and amended to read:
29 445.016 288.9955 Untried Worker Placement and
30 Employment Incentive Act.--
31
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1 (1) This section may be cited as the "Untried Worker
2 Placement and Employment Incentive Act."
3 (2) For purposes of this section, the term "untried
4 worker" means a person who is a hard-to-place participant in
5 the welfare transition program Work and Gain Economic
6 Self-sufficiency Program (WAGES) because he or she has
7 limitations associated with the long-term receipt of welfare
8 and difficulty in sustaining employment, particularly because
9 of physical or mental disabilities.
10 (3) Incentive payments may be made to for-profit or
11 not-for-profit agents selected by regional workforce boards
12 local WAGES coalitions who successfully place untried workers
13 in full-time employment for 6 months with an employer after
14 the employee successfully completes a probationary placement
15 of no more than 6 months with that employer. Full-time
16 employment that includes health care benefits will receive an
17 additional incentive payment.
18 (4) The for-profit and not-for-profit agents shall
19 contract to provide services for no more than 1 year.
20 Contracts may be renewed upon successful review by the
21 contracting agent.
22 (5) Incentives must be paid according to the incentive
23 schedule developed by Workforce Florida, Inc., the Agency for
24 Workforce Development, the Department of Labor and Employment
25 Security and the Department of Children and Family Services
26 which costs the state less per placement than the state's
27 12-month expenditure on a welfare recipient.
28 (6) During an untried worker's probationary placement,
29 the for-profit or not-for-profit agent shall be the employer
30 of record of that untried worker, and shall provide workers'
31 compensation and unemployment compensation coverage as
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1 provided by law. The business employing the untried worker
2 through the agent may be eligible to apply for any tax
3 credits, wage supplementation, wage subsidy, or employer
4 payment for that employee that are authorized in law or by
5 agreement with the employer. After satisfactory completion of
6 such a probationary period, an untried worker shall not be
7 considered an untried worker.
8 (7) This section shall not be used for the purpose of
9 displacing or replacing an employer's regular employees, and
10 shall not interfere with executed collective bargaining
11 agreements. Untried workers shall be paid by the employer at
12 the same rate as similarly situated and assessed workers in
13 the same place of employment.
14 (8) An employer that demonstrates a pattern of
15 unsuccessful placements shall be disqualified from
16 participation in these pilots because of poor return on the
17 public's investment.
18 (9) Any employer that chooses to employ untried
19 workers is eligible to receive such incentives and benefits
20 that are available and provided in law, as long as the
21 long-term, cost savings can be quantified with each such
22 additional inducement.
23 Section 17. Section 414.15, Florida Statutes, is
24 transferred, renumbered as section 445.017, Florida Statutes,
25 and amended to read:
26 445.017 414.15 Diversion.--
27 (1) Many customers of the one-stop delivery system A
28 segment of applicants do not need ongoing temporary cash
29 assistance, but, due to an unexpected circumstance or
30 emergency situation, require some immediate assistance to
31 secure or retain in meeting a financial obligation while they
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1 are securing employment or child support. These immediate
2 obligations may include a shelter or utility payment, a car
3 repair to continue employment, or other services that
4 assistance which will alleviate the applicant's emergency
5 financial need and allow the person to focus on obtaining or
6 continuing employment.
7 (2) Up-front diversion shall involve four steps:
8 (a) Linking applicants with job opportunities as the
9 first option to meet the assistance group's need.
10 (b) Where possible, Offering services, such as child
11 care or transportation, one-time help as an alternative to
12 welfare.
13 (c) Screening applicants to respond to emergency
14 needs.
15 (d) Offering a one-time payment of up to $1,000 per
16 family. Performing up-front fraud prevention investigations,
17 if appropriate.
18 (3) Before finding an applicant family eligible for
19 up-front diversion services funds, the regional workforce
20 board department must determine that all requirements of
21 eligibility for diversion services would likely be met.
22 (4) The regional workforce board department shall
23 screen each applicant family on a case-by-case basis for
24 barriers to obtaining or retaining employment. The screening
25 shall identify barriers that, if corrected, may prevent the
26 family from receiving temporary cash assistance on a regular
27 basis. Assistance to overcome a barrier to employment is not
28 limited to cash, but may include vouchers or other in-kind
29 benefits.
30
31
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1 (5) The diversion payment shall be limited to an
2 amount not to exceed 2 months' temporary cash assistance,
3 based on family size.
4 (5)(6) The family receiving up-front diversion must
5 sign an agreement restricting the family from applying for
6 temporary cash assistance for 3 months, unless an emergency is
7 demonstrated to the regional workforce board department. If a
8 demonstrated emergency forces the family to reapply for
9 temporary cash assistance within 3 months after receiving a
10 diversion payment, the diversion payment shall be prorated
11 over an 8-month the 2-month period and deducted subtracted
12 from any regular payment of temporary cash assistance for
13 which the family is applicant may be eligible.
14 Section 18. Section 445.018, Florida Statutes, is
15 created to read:
16 445.018 Diversion program to strengthen Florida's
17 families.--
18 (1) The diversion program to strengthen families in
19 this state is intended to provide services that assist
20 families in avoiding welfare dependency by gaining and
21 retaining employment.
22 (2) Before finding a family eligible for the diversion
23 program created under this section, a determination must be
24 made that:
25 (a) The family includes a pregnant woman or a parent
26 with one or more minor children or a caretaker relative with
27 one or more minor children.
28 (b) The family is at risk of welfare dependency
29 because the family's income does not exceed 200 percent of the
30 federal poverty level.
31
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1 (c) The provision of services related to employment,
2 including assessment, service planning and coordination, job
3 placement, employment-related education or training, child
4 care services, transportation services, relocation services,
5 workplace employment support services, individual or family
6 counseling, or a Retention Incentive Training Account (RITA),
7 are likely to prevent the family from becoming dependent on
8 welfare by enabling employable adults in the family to become
9 employed, remain employed, or pursue career advancement.
10 (3) The services provided under this section are not
11 considered assistance under federal law or guidelines.
12 (4) Each family that receives services under this
13 section must sign an agreement not to apply for temporary cash
14 assistance for 6 months following the receipt of services,
15 unless an unanticipated emergency situation arises. If a
16 family applies for temporary cash assistance without a
17 documented emergency, the family must repay the value of the
18 diversion services provided. Repayment may be prorated over 8
19 months and shall be paid through a reduction in the amount of
20 any monthly temporary cash assistance payment received by the
21 family.
22 (5) Notwithstanding any provision to the contrary, a
23 family that meets the requirements of subsection (2) is
24 considered a needy family and is eligible for services under
25 this section.
26 Section 19. Section 414.159, Florida Statutes, is
27 transferred, renumbered as section 445.019, Florida Statutes,
28 and amended to read:
29 445.019 414.159 Teen parent and pregnancy prevention
30 diversion program; eligibility for services.--The Legislature
31 recognizes that teen pregnancy is a major cause of dependency
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1 on government assistance that often extends through more than
2 one generation. The purpose of the teen parent and pregnancy
3 prevention diversion program is to provide services to reduce
4 and avoid welfare dependency by reducing teen pregnancy,
5 reducing the incidence of multiple pregnancies to teens, and
6 by assisting teens in completing educational programs.
7 (1) Notwithstanding any provision to the contrary in
8 ss. 414.075, 414.085, and 414.095, a teen who is determined to
9 be at risk of teen pregnancy or who already has a child shall
10 be deemed eligible to receive services under this program.
11 (2) Services provided under this program shall be
12 limited to services that are not considered assistance under
13 federal law or guidelines.
14 (3) Receipt of services under this section does shall
15 not preclude eligibility for, or receipt of, other assistance
16 or services under this chapter 414.
17 Section 20. Section 445.020, Florida Statutes, is
18 created to read:
19 445.020 Diversion programs; determination of need.--If
20 federal regulations require a determination of needy families
21 or needy parents to be based on financial criteria, such as
22 income or resources, for individuals or families who are
23 receiving services, one-time payments, or nonrecurring
24 short-term benefits, the Department of Children and Family
25 Services shall adopt rules to define such criteria. In such
26 rules, the department shall use the income level established
27 for Temporary Assistance for Needy Families funds which are
28 transferred for use under Title XX of the Social Security Act.
29 If federal regulations do not require a financial
30 determination for receipt of such benefits, payments, or
31
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1 services, the criteria otherwise established in this chapter
2 shall be used.
3 Section 21. Section 414.155, Florida Statutes, is
4 transferred, renumbered as section 445.021, Florida Statutes,
5 and amended to read:
6 445.021 414.155 Relocation assistance program.--
7 (1) The Legislature recognizes that the need for
8 public assistance may arise because a family is located in an
9 area with limited employment opportunities, because of
10 geographic isolation, because of formidable transportation
11 barriers, because of isolation from their extended family, or
12 because domestic violence interferes with the ability of a
13 parent to maintain self-sufficiency. Accordingly, there is
14 established a program to assist families in relocating to
15 communities with greater opportunities for self-sufficiency.
16 (2) The relocation assistance program shall involve
17 five steps by the regional workforce board, in cooperation
18 with the Department of Children and Family Services or a local
19 WAGES coalition:
20 (a) A determination that the family is receiving
21 temporary cash assistance a WAGES Program participant or that
22 all requirements of eligibility for diversion services the
23 WAGES Program would likely be met.
24 (b) A determination that there is a basis for
25 believing that relocation will contribute to the ability of
26 the applicant to achieve self-sufficiency. For example, the
27 applicant:
28 1. Is unlikely to achieve economic self-sufficiency
29 independence at the current community of residence;
30
31
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1 2. Has secured a job that provides an increased salary
2 or improved benefits and that requires relocation to another
3 community;
4 3. Has a family support network that will contribute
5 to job retention in another community; or
6 4. Is determined, pursuant to criteria or procedures
7 established by the WAGES Program State board of directors of
8 Workforce Florida, Inc., to be a victim of domestic violence
9 who would experience reduced probability of further incidents
10 through relocation; or.
11 5. Must relocate in order to receive education or
12 training that is directly related to the applicant's
13 employment or career advancement.
14 (c) Establishment of a relocation plan that which
15 includes such requirements as are necessary to prevent abuse
16 of the benefit and provisions to protect the safety of victims
17 of domestic violence and avoid provisions that place them in
18 anticipated danger. The payment to defray relocation expenses
19 shall be determined based on criteria a rule approved by the
20 WAGES Program State board of directors of Workforce Florida,
21 Inc. and adopted by the department. Participants in the
22 relocation program shall be eligible for diversion or
23 transitional benefits.
24 (d) A determination, pursuant to criteria adopted by
25 the WAGES Program State board of directors of Workforce
26 Florida, Inc., that a Florida community receiving a relocated
27 family has the capacity to provide needed services and
28 employment opportunities.
29 (e) Monitoring the relocation.
30 (3) A family receiving relocation assistance for
31 reasons other than domestic violence must sign an agreement
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1 restricting the family from applying for temporary cash
2 assistance for a period of 6 months specified in a rule
3 approved by the WAGES Program State Board of Directors and
4 adopted by the department, unless an emergency is demonstrated
5 to the regional workforce board department. If a demonstrated
6 emergency forces the family to reapply for temporary cash
7 assistance within such period, after receiving a relocation
8 assistance payment, repayment must be made on a prorated basis
9 and subtracted from any regular payment of temporary cash
10 assistance for which the applicant may be eligible, as
11 specified in a rule approved by the WAGES Program State Board
12 of Directors and adopted by the department.
13 (4) The department shall have authority to adopt rules
14 pursuant to the Administrative Procedure Act to determine that
15 a community has the capacity to provide services and
16 employment opportunities for a relocated family.
17 (4)(5) The board of directors of Workforce Florida,
18 Inc., may establish criteria for developing and implementing
19 department shall have authority to adopt rules pursuant to the
20 Administrative Procedure Act to develop and implement
21 relocation plans and for drafting agreements to restrict to
22 draft an agreement restricting a family from applying for
23 temporary cash assistance for a specified period after
24 receiving a relocation assistance payment.
25 Section 22. Section 414.223, Florida Statutes, is
26 transferred, renumbered as section 445.022, Florida Statutes,
27 and amended to read:
28 445.022 414.223 Retention Incentive Training
29 Accounts.--To promote job retention and to enable upward job
30 advancement into higher skilled, higher paying employment, the
31 WAGES Program State board of directors of Workforce Florida,
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1 Inc., and, the Workforce Development Board, regional workforce
2 development boards, and local WAGES coalitions may jointly
3 assemble, from postsecondary education institutions, a list of
4 programs and courses for WAGES participants who have become
5 employed which promote job retention and advancement.
6 (1) The WAGES Program State board of directors of
7 Workforce Florida, Inc., and the Workforce Development Board
8 may jointly establish Retention Incentive Training Accounts
9 (RITAs). RITAs shall utilize Temporary Assistance to Needy
10 Families (TANF) block grant funds specifically appropriated
11 for this purpose. RITAs must complement the Individual
12 Training Account required by the federal Workforce Investment
13 Act of 1998, Pub. L. No. 105-220.
14 (2) RITAs may pay for tuition, fees, educational
15 materials, coaching and mentoring, performance incentives,
16 transportation to and from courses, child care costs during
17 education courses, and other such costs as the regional
18 workforce development boards determine are necessary to effect
19 successful job retention and advancement.
20 (3) Regional workforce development boards shall retain
21 only those courses that continue to meet their performance
22 standards as established in their local plan.
23 (4) Regional workforce development boards shall report
24 annually to the Legislature on the measurable retention and
25 advancement success of each program provider and the
26 effectiveness of RITAs, making recommendations for any needed
27 changes or modifications.
28 Section 23. Section 414.18, Florida Statutes, is
29 transferred, renumbered as section 445.023, Florida Statutes,
30 and amended to read:
31
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1 445.023 414.18 Program for dependent care for families
2 with children with special needs.--
3 (1) There is created the program for dependent care
4 for families with children with special needs. This program
5 is intended to provide assistance to families with children
6 who meet the following requirements:
7 (a) The child or children are between the ages of 13
8 and 17 years, inclusive.
9 (b) The child or children are considered to be
10 children with special needs as defined by the subsidized child
11 care program authorized under s. 402.3015.
12 (c) The family meets the income guidelines established
13 under s. 402.3015. Financial eligibility for this program
14 shall be based solely on the guidelines used for subsidized
15 child care, notwithstanding any financial eligibility criteria
16 to the contrary in s. 414.075, s. 414.085, or s. 414.095.
17 (2) Implementation of this program shall be subject to
18 appropriation of funds for this purpose.
19 (3) If federal funds under the Temporary Assistance
20 for Needy Families block grant provided under Title IV-A of
21 the Social Security Act, as amended, are used for this
22 program, the family must be informed about the federal
23 requirements on receipt of such assistance and must sign a
24 written statement acknowledging, and agreeing to comply with,
25 all federal requirements.
26 (4) In addition to child care services provided under
27 s. 402.3015, dependent care may be provided for children age
28 13 years and older who are in need of care due to disability
29 and where such care is needed for the parent to accept or
30 continue employment or otherwise participate in work
31 activities. The amount of subsidy shall be consistent with the
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1 rates for special needs child care established by the
2 department. Dependent care needed for employment may be
3 provided as transitional services for up to 2 years after
4 eligibility for temporary cash WAGES assistance ends.
5 (5) Notwithstanding any provision of s. 414.105 to the
6 contrary, the time limitation on receipt of assistance under
7 this section shall be the limit established pursuant to s.
8 408(a)(7) of the Social Security Act, as amended, 42 U.S.C. s.
9 608(a)(7).
10 Section 24. Section 445.024, Florida Statutes, is
11 created to read:
12 445.024 Work requirements.--
13 (1) WORK ACTIVITIES.--The following activities may be
14 used individually or in combination to satisfy the work
15 requirements for a participant in the temporary cash
16 assistance program:
17 (a) Unsubsidized employment.--Unsubsidized employment
18 is full-time employment or part-time employment that is not
19 directly supplemented by federal or state funds. Paid
20 apprenticeship and cooperative education activities are
21 included in this activity.
22 (b) Subsidized private sector employment.--Subsidized
23 private sector employment is employment in a private
24 for-profit enterprise or a private not-for-profit enterprise
25 which is directly supplemented by federal or state funds. A
26 subsidy may be provided in one or more of the forms listed in
27 this paragraph.
28 1. Work supplementation.--A work supplementation
29 subsidy diverts a participant's temporary cash assistance
30 under the program to the employer. The employer must pay the
31 participant wages that equal or exceed the applicable federal
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1 minimum wage. Work supplementation may not exceed 6 months. At
2 the end of the supplementation period, the employer is
3 expected to retain the participant as a regular employee
4 without receiving a subsidy. A work supplementation agreement
5 may not be continued with any employer who exhibits a pattern
6 of failing to provide participants with continued employment
7 after the period of work supplementation ends.
8 2. On-the-job training.--On-the-job training is
9 full-time, paid employment in which the employer or an
10 educational institution, in cooperation with the employer,
11 provides training needed for the participant to perform the
12 skills required for the position. The employer or the
13 educational institution on behalf of the employer receives a
14 subsidy to offset the cost of the training provided to the
15 participant. Upon satisfactory completion of the training, the
16 employer is expected to retain the participant as a regular
17 employee without receiving a subsidy. An on-the-job training
18 agreement may not be continued with any employer who exhibits
19 a pattern of failing to provide participants with continued
20 employment after the on-the-job training subsidy ends.
21 3. Incentive payments.--Regional workforce boards may
22 provide additional incentive payments to encourage employers
23 to employ program participants. Incentive payments may include
24 payments to encourage the employment of hard-to-place
25 participants, in which case the amount of the payment shall be
26 weighted proportionally to the extent to which the participant
27 has limitations associated with the long-term receipt of
28 welfare and difficulty in sustaining employment. Incentive
29 payments may also include payments to encourage employers to
30 provide health care insurance benefits to current or former
31 program participants. In establishing incentive payments,
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1 regional workforce boards shall consider the extent of prior
2 receipt of welfare, lack of employment experience, lack of
3 education, lack of job skills, and other appropriate factors.
4 A participant who has complied with program requirements and
5 who is approaching the time limit for receiving temporary cash
6 assistance may be defined as "hard to place." Incentive
7 payments may include payments in which an initial payment is
8 made to the employer upon the employment of a participant, and
9 the majority of the incentive payment is made after the
10 employer retains the participant as a full-time employee for
11 at least 12 months. An incentive agreement may not be
12 continued with any employer who exhibits a pattern of failing
13 to provide participants with continued employment after the
14 incentive payments cease.
15 4. Tax credits.--An employer who employs a program
16 participant may qualify for enterprise zone property tax
17 credits under s. 220.182, the tax refund program for qualified
18 target industry businesses under s. 288.106, or other federal
19 or state tax benefits. The regional workforce board shall
20 provide information and assistance, as appropriate, to use
21 such credits to accomplish program goals.
22 5. Training bonus.--An employer who hires a
23 participant in the welfare transition program and pays the
24 participant a wage that precludes the participant's
25 eligibility for temporary cash assistance may receive $250 for
26 each full month of employment for a period that may not exceed
27 3 months. An employer who receives a training bonus for an
28 employee may not receive a work supplementation subsidy for
29 the same employee. "Employment" is defined as 35 hours per
30 week at a wage of no less than minimum wage.
31
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1 (c) Subsidized public sector employment.--Subsidized
2 public sector employment is employment by an agency of the
3 federal, state, or local government which is directly
4 supplemented by federal or state funds. The applicable
5 subsidies provided under paragraph (b) may be used to
6 subsidize employment in the public sector, except that
7 priority for subsidized employment shall be employment in the
8 private sector. Public sector employment is distinguished from
9 work experience in that the participant is paid wages and
10 receives the same benefits as a nonsubsidized employee who
11 performs similar work. Work-study activities administered by
12 educational institutions are included in this activity.
13 (d) Community service work experience.--Community
14 service work experience is job training experience at a
15 supervised public or private not-for-profit agency. A
16 participant shall receive temporary cash assistance in the
17 form of wages, which, when combined with the value of food
18 stamps awarded to the participant, is proportional to the
19 amount of time worked. A participant in the welfare transition
20 program or the Food Stamp Employment and Training program
21 assigned to community service work experience shall be deemed
22 an employee of the state for purposes of workers' compensation
23 coverage and is subject to the requirements of the drug-free
24 workplace program. Community service work experience may be
25 selected as an activity for a participant who needs to
26 increase employability by improving his or her interpersonal
27 skills, job-retention skills, stress management, and job
28 problem solving, and by learning to attain a balance between
29 job and personal responsibilities. Community service is
30 intended to:
31
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1 1. Assess compliance with requirements of the welfare
2 transition program before referral of the participant to
3 costly services such as career education;
4 2. Maintain work activity status while the participant
5 awaits placement into paid employment or training;
6 3. Fulfill a clinical practicum or internship
7 requirement related to employment; or
8 4. Provide work-based mentoring.
9
10 As used in this paragraph, the terms "community service
11 experience," "community work," and "workfare" are synonymous.
12 (e) Work experience.--Work experience is an
13 appropriate work activity for participants who lack
14 preparation for or experience in the workforce. It must
15 combine a job training activity in a public or private
16 not-for-profit agency with education and training related to
17 an employment goal. To qualify as a work activity, work
18 experience must include education and training in addition to
19 the time required by the work activity, and the work activity
20 must be intensively supervised and structured. Regional
21 workforce boards shall contract for any services provided for
22 clients who are assigned to this activity and shall require
23 performance benchmarks, goals, outcomes, and time limits
24 designed to assure that the participant moves toward full-time
25 paid employment. A participant shall receive temporary cash
26 assistance proportional to the time worked. A participant
27 assigned to work experience is an employee of the state for
28 purposes of workers' compensation coverage and is subject to
29 the requirements of the drug-free workplace program.
30 (f) Job search and job readiness assistance.--Job
31 search assistance may include supervised or unsupervised
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1 job-seeking activities. Job readiness assistance provides
2 support for job-seeking activities, which may include:
3 1. Orientation to the world of work and basic
4 job-seeking and job retention skills.
5 2. Instruction in completing an application for
6 employment and writing a resume.
7 3. Instruction in conducting oneself during a job
8 interview, including appropriate dress.
9 4. Instruction in how to retain a job, plan a career,
10 and perform successfully in the workplace.
11
12 Job readiness assistance may also include providing a
13 participant with access to an employment resource center that
14 contains job listings, telephones, facsimile machines,
15 typewriters, and word processors. Job search and job readiness
16 activities may be used in conjunction with other program
17 activities, such as work experience, but may not be the
18 primary work activity for longer than the length of time
19 permitted under federal law.
20 (g) Vocational education or training.--Vocational
21 education or training is education or training designed to
22 provide participants with the skills and certification
23 necessary for employment in an occupational area. Vocational
24 education or training may be used as a primary program
25 activity for participants when it has been determined that the
26 individual has demonstrated compliance with other phases of
27 program participation and successful completion of the
28 vocational education or training is likely to result in
29 employment entry at a higher wage than the participant would
30 have been likely to attain without completion of the
31 vocational education or training. Vocational education or
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1 training may be combined with other program activities and
2 also may be used to upgrade skills or prepare for a higher
3 paying occupational area for a participant who is employed.
4 1. Unless otherwise provided in this section,
5 vocational education shall not be used as the primary program
6 activity for a period which exceeds 12 months. The 12-month
7 restriction applies to instruction in a career education
8 program and does not include remediation of basic skills,
9 including English language proficiency, if remediation is
10 necessary to enable a participant to benefit from a career
11 education program. Any necessary remediation must be completed
12 before a participant is referred to vocational education as
13 the primary work activity. In addition, use of vocational
14 education or training shall be restricted to the limitation
15 established in federal law. Vocational education included in a
16 program leading to a high school diploma shall not be
17 considered vocational education for purposes of this section.
18 2. When possible, a provider of vocational education
19 or training shall use funds provided by funding sources other
20 than the regional workforce board. The regional workforce
21 board may provide additional funds to a vocational education
22 or training provider only if payment is made pursuant to a
23 performance-based contract. Under a performance-based
24 contract, the provider may be partially paid when a
25 participant completes education or training, but the majority
26 of payment shall be made following the participant's
27 employment at a specific wage or job retention for a specific
28 duration. Performance-based payments made under this
29 subparagraph are limited to education or training for targeted
30 occupations identified by the Workforce Estimating Conference
31 under s. 216.136, or other programs identified by Workforce
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1 Florida, Inc., as beneficial to meet the needs of designated
2 groups who are hard to place. If the contract pays the full
3 cost of training, the community college or school district may
4 not report the participants for other state funding.
5 (h) Job skills training.--Job skills training includes
6 customized training designed to meet the needs of a specific
7 employer or a specific industry. Job skills training shall
8 include literacy instruction, and may include English
9 proficiency instruction or Spanish language or other language
10 instruction if necessary to enable a participant to perform in
11 a specific job or job training program or if the training
12 enhances employment opportunities in the local community. A
13 participant may be required to complete an entrance assessment
14 or test before entering into job skills training.
15 (i) Education services related to employment for
16 participants 19 years of age or younger.--Education services
17 provided under this paragraph are designed to prepare a
18 participant for employment in an occupation. The agency shall
19 coordinate education services with the school-to-work
20 activities provided under s. 229.595. Activities provided
21 under this paragraph are restricted to participants 19 years
22 of age or younger who have not completed high school or
23 obtained a high school equivalency diploma.
24 (j) School attendance.--Attendance at a high school or
25 attendance at a program designed to prepare the participant to
26 receive a high school equivalency diploma is a required
27 program activity for each participant 19 years of age or
28 younger who:
29 1. Has not completed high school or obtained a high
30 school equivalency diploma;
31 2. Is a dependent child or a head of household; and
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1 3. For whom it has not been determined that another
2 program activity is more appropriate.
3 (k) Teen parent services.--Participation in medical,
4 educational, counseling, and other services that are part of a
5 comprehensive program is a required activity for each teen
6 parent who participates in the welfare transition program.
7 (l) Extended education and training.--Notwithstanding
8 any other provisions of this section to the contrary, the
9 board of directors of Workforce Florida, Inc., may approve a
10 plan by a regional workforce board for assigning, as work
11 requirements, educational activities that exceed or are not
12 included in those provided elsewhere in this section and that
13 do not comply with federal work participation requirement
14 limitations. In order to be eligible to implement this
15 provision, a regional workforce board must continue to exceed
16 the overall federal work participation rate requirements. For
17 purposes of this paragraph, the board of directors of
18 Workforce Florida, Inc., may adjust the regional participation
19 requirement based on regional caseload decline. However, this
20 adjustment is limited to no more than the adjustment produced
21 by the calculation used to generate federal adjustments to the
22 participation requirement due to caseload decline.
23 (m) GED preparation and literacy
24 education.--Satisfactory attendance at secondary school or in
25 a course of study leading to a graduate equivalency diploma,
26 if a participant has not completed secondary school or
27 received such a diploma. English language proficiency
28 training may be included as a part of the education if it is
29 deemed the individual requires such training to complete
30 secondary school or to attain a graduate equivalency diploma.
31 To calculate countable hours attributable to education, a
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1 participant may earn study credits equal to the number of
2 actual hours spent in formal training per week, but the total
3 number of hours earned for actual hours spent in formal
4 training and studying may not exceed a one to one and one-half
5 ratio for the week. Countable hours are subject to the
6 restrictions contained in 45 C.F.R. s. 261.31.
7 (n) Providing child care services.--Providing child
8 care services to an individual who is participating in a
9 community service program pursuant to this section.
10 (2) WORK ACTIVITY REQUIREMENTS.--Each individual who
11 is not otherwise exempt must participate in a work activity,
12 except for community service work experience, for the maximum
13 number of hours allowable under federal law, provided that no
14 participant be required to work more than 40 hours per week or
15 less than the minimum number of hours required by federal law.
16 The maximum number of hours each month that a participant may
17 be required to participate in community service activities is
18 the greater of: the number of hours that would result from
19 dividing the family's monthly amount for temporary cash
20 assistance and food stamps by the federal minimum wage and
21 then dividing that result by the number of participants in the
22 family who participate in community service activities, or the
23 minimum required to meet federal participation requirements.
24 However, in no case shall the maximum hours required per week
25 for community work experience exceed 40 hours. An applicant
26 shall be referred for employment at the time of application if
27 the applicant is eligible to participate in the welfare
28 transition program.
29 (a) A participant in a work activity may also be
30 required to enroll in and attend a course of instruction
31 designed to increase literacy skills to a level necessary for
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1 obtaining or retaining employment, provided that the
2 instruction plus the work activity does not require more than
3 40 hours per week.
4 (b) Program funds may be used, as available, to
5 support the efforts of a participant who meets the work
6 activity requirements and who wishes to enroll in or continue
7 enrollment in an adult general education program or a career
8 education program.
9 (3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
10 following individuals are exempt from work activity
11 requirements:
12 (a) A minor child under 16 years of age.
13 (b) An individual who receives benefits under the
14 Supplemental Security Income program or the Social Security
15 Disability Insurance program.
16 (c) Adults who are not included in the calculation of
17 temporary cash assistance in child-only cases.
18 (d) One custodial parent with a child under 3 months
19 of age, except that the parent may be required to attend
20 parenting classes or other activities to better prepare for
21 the responsibilities of raising a child. If the custodial
22 parent is 19 years of age or younger and has not completed
23 high school or the equivalent, he or she may be required to
24 attend school or other appropriate educational activities.
25 (e) An individual who is exempt from the time period
26 pursuant to s. 415.015.
27 (4) PRIORITIZATION OF WORK REQUIREMENTS.--Regional
28 workforce boards shall require participation in work
29 activities to the maximum extent possible, subject to federal
30 and state funding. If funds are projected to be insufficient
31 to allow full-time work activities by all program participants
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1 who are required to participate in work activities, regional
2 workforce boards shall screen participants and assign priority
3 based on the following:
4 (a) In accordance with federal requirements, at least
5 one adult in each two-parent family shall be assigned priority
6 for full-time work activities.
7 (b) Among single-parent families, a family that has
8 older preschool children or school-age children shall be
9 assigned priority for work activities.
10 (c) A participant who has access to nonsubsidized
11 child care may be assigned priority for work activities.
12 (d) Priority may be assigned based on the amount of
13 time remaining until the participant reaches the applicable
14 time limit for program participation or may be based on
15 requirements of a case plan.
16
17 Regional workforce boards may limit a participant's weekly
18 work requirement to the minimum required to meet federal work
19 activity requirements in lieu of the level defined in
20 subsection (2). Regional workforce boards may develop
21 screening and prioritization procedures based on the
22 allocation of resources, the availability of community
23 resources, or the work activity needs of the service district.
24 (5) USE OF CONTRACTS.--Regional workforce boards shall
25 provide work activities, training, and other services, as
26 appropriate, through contracts. In contracting for work
27 activities, training, or services, the following applies:
28 (a) A contract must be performance-based. Payment
29 shall be tied to performance outcomes that include factors
30 such as, but not limited to, diversion from cash assistance,
31 job entry, job entry at a target wage, job retention, and
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1 connection to transition services rather than tied to
2 completion of training or education or any other phase of the
3 program participation process.
4 (b) A contract may include performance-based incentive
5 payments that may vary according to the extent to which the
6 participant is more difficult to place. Contract payments may
7 be weighted proportionally to reflect the extent to which the
8 participant has limitations associated with the long-term
9 receipt of welfare and difficulty in sustaining employment.
10 The factors may include the extent of prior receipt of
11 welfare, lack of employment experience, lack of education,
12 lack of job skills, and other factors determined appropriate
13 by the regional workforce board.
14 (c) Notwithstanding the exemption from the competitive
15 sealed bid requirements provided in s. 287.057(3)(f) for
16 certain contractual services, each contract awarded under this
17 chapter must be awarded on the basis of a competitive sealed
18 bid, except for a contract with a governmental entity as
19 determined by the regional workforce board.
20 (d) Regional workforce boards may contract with
21 commercial, charitable, or religious organizations. A contract
22 must comply with federal requirements with respect to
23 nondiscrimination and other requirements that safeguard the
24 rights of participants. Services may be provided under
25 contract, certificate, voucher, or other form of disbursement.
26 (e) The administrative costs associated with a
27 contract for services provided under this section may not
28 exceed the applicable administrative cost ceiling established
29 in federal law. An agency or entity that is awarded a contract
30 under this section may not charge more than 7 percent of the
31 value of the contract for administration, unless an exception
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1 is approved by the regional workforce board. A list of any
2 exceptions approved must be submitted to the board of
3 directors of Workforce Florida, Inc., for review, and the
4 board may rescind approval of the exception.
5 (f) Regional workforce boards may enter into contracts
6 to provide short-term work experience for the chronically
7 unemployed as provided in this section.
8 (g) A tax-exempt organization under s. 501(c) of the
9 Internal Revenue Code of 1986 which receives funds under this
10 chapter must disclose receipt of federal funds on any
11 advertising, promotional, or other material in accordance with
12 federal requirements.
13 (6) PROTECTIONS FOR PARTICIPANTS.--Each participant is
14 subject to the same health, safety, and nondiscrimination
15 standards established under federal, state, or local laws that
16 otherwise apply to other individuals engaged in similar
17 activities who are not participants in the welfare transition
18 program.
19 (7) PROTECTION FOR CURRENT EMPLOYEES.--In establishing
20 and contracting for work experience and community service
21 activities, other work experience activities, on-the-job
22 training, subsidized employment, and work supplementation
23 under the welfare transition program, an employed worker may
24 not be displaced, either completely or partially. A
25 participant may not be assigned to an activity or employed in
26 a position if the employer has created the vacancy or
27 terminated an existing employee without good cause in order to
28 fill that position with a program participant.
29 (8) CONTRACTS FOR VOCATIONAL ASSESSMENTS AND WORK
30 EVALUATIONS.--Vocational assessments or work evaluations by
31 the Occupational Access and Opportunity Commission pursuant to
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1 this section shall be performed under contract with the
2 regional workforce boards.
3 Section 25. Section 414.20, Florida Statutes, is
4 transferred, renumbered as section 445.025, Florida Statutes,
5 and amended to read:
6 445.025 414.20 Other support services.--Support
7 services shall be provided, if resources permit, to assist
8 participants in complying with work activity requirements
9 outlined in s. 445.024 s. 414.065. If resources do not permit
10 the provision of needed support services, the regional
11 workforce board department and the local WAGES coalition may
12 prioritize or otherwise limit provision of support services.
13 This section does not constitute an entitlement to support
14 services. Lack of provision of support services may be
15 considered as a factor in determining whether good cause
16 exists for failing to comply with work activity requirements
17 but does not automatically constitute good cause for failing
18 to comply with work activity requirements, and does not affect
19 any applicable time limit on the receipt of temporary cash
20 assistance or the provision of services under this chapter
21 414. Support services shall include, but need not be limited
22 to:
23 (1) TRANSPORTATION.--Transportation expenses may be
24 provided to any participant when the assistance is needed to
25 comply with work activity requirements or employment
26 requirements, including transportation to and from a child
27 care provider. Payment may be made in cash or tokens in
28 advance or through reimbursement paid against receipts or
29 invoices. Transportation services may include, but are not
30 limited to, cooperative arrangements with the following:
31 public transit providers; community transportation
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1 coordinators designated under chapter 427; school districts;
2 churches and community centers; donated motor vehicle
3 programs, van pools, and ridesharing programs; small
4 enterprise developments and entrepreneurial programs that
5 encourage WAGES participants to become transportation
6 providers; public and private transportation partnerships; and
7 other innovative strategies to expand transportation options
8 available to program participants.
9 (a) Regional workforce boards may Local WAGES
10 coalitions are authorized to provide payment for vehicle
11 operational and repair expenses, including repair expenditures
12 necessary to make a vehicle functional; vehicle registration
13 fees; driver's license fees; and liability insurance for the
14 vehicle for a period of up to 6 months. Request for vehicle
15 repairs must be accompanied by an estimate of the cost
16 prepared by a repair facility registered under s. 559.904.
17 (b) Transportation disadvantaged funds as defined in
18 chapter 427 do not include WAGES support services funds or
19 funds appropriated to assist persons eligible under the Job
20 Training Partnership Act. It is the intent of the Legislature
21 that local WAGES coalitions and regional workforce development
22 boards consult with local community transportation
23 coordinators designated under chapter 427 regarding the
24 availability and cost of transportation services through the
25 coordinated transportation system prior to contracting for
26 comparable transportation services outside the coordinated
27 system.
28 (2) ANCILLARY EXPENSES.--Ancillary expenses such as
29 books, tools, clothing, fees, and costs necessary to comply
30 with work activity requirements or employment requirements may
31 be provided.
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1 (3) MEDICAL SERVICES.--A family that meets the
2 eligibility requirements for Medicaid shall receive medical
3 services under the Medicaid program.
4 (4) PERSONAL AND FAMILY COUNSELING AND
5 THERAPY.--Counseling may be provided to participants who have
6 a personal or family problem or problems caused by substance
7 abuse that is a barrier to compliance with work activity
8 requirements or employment requirements. In providing these
9 services, regional workforce boards the department and local
10 WAGES coalitions shall use services that are available in the
11 community at no additional cost. If these services are not
12 available, regional workforce boards the department and local
13 WAGES coalitions may use support services funds. Personal or
14 family counseling not available through Medicaid may not be
15 considered a medical service for purposes of the required
16 statewide implementation plan or use of federal funds.
17 Section 26. Section 414.1525, Florida Statutes, is
18 transferred, renumbered as section 445.026, Florida Statutes,
19 and amended to read:
20 445.026 414.1525 Cash assistance severance benefit
21 WAGES early exit diversion program.--An individual who meets
22 the criteria listed in this section may choose to receive a
23 lump-sum payment in lieu of ongoing cash assistance payments,
24 provided the individual:
25 (1) Is employed and is receiving earnings, and would
26 be eligible to receive cash assistance in an amount less than
27 $100 per month given the WAGES earnings disregard.
28 (2) Has received cash assistance for at least 6 3
29 consecutive months.
30 (3) Expects to remain employed for at least 6 months.
31
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1 (4) Chooses to receive a one-time, lump-sum payment in
2 lieu of ongoing monthly payments.
3 (5) Provides employment and earnings information to
4 the regional workforce board department, so that the regional
5 workforce board department can ensure that the family's
6 eligibility for severance transitional benefits can be
7 evaluated.
8 (6) Signs an agreement not to apply for or accept cash
9 assistance for 6 months after receipt of the one-time payment.
10 In the event of an emergency, such agreement shall provide for
11 an exception to this restriction, provided that the one-time
12 payment shall be deducted from any cash assistance for which
13 the family subsequently is approved. This deduction may be
14 prorated over an 8-month period. The board of directors of
15 Workforce Florida, Inc., department shall adopt criteria rules
16 defining the conditions under which a family may receive cash
17 assistance due to such emergency.
18
19 Such individual may choose to accept a one-time, lump-sum
20 payment of $1,000 in lieu of receiving ongoing cash
21 assistance. Such payment shall only count toward the time
22 limitation for the month in which the payment is made in lieu
23 of cash assistance. A participant choosing to accept such
24 payment shall be terminated from cash assistance. However,
25 eligibility for Medicaid, food stamps, or child care shall
26 continue, subject to the eligibility requirements of those
27 programs.
28 Section 27. Section 445.028, Florida Statutes, is
29 created to read:
30 445.028 Transitional benefits and services.--In
31 cooperation with Workforce Florida, Inc., the Department of
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1 Children and Family Services shall develop procedures to
2 ensure that families leaving the temporary cash assistance
3 program receive transitional benefits and services that will
4 assist the family in moving toward self-sufficiency. At a
5 minimum, such procedures must include, but are not limited to,
6 the following:
7 (1) Each recipient of cash assistance who is
8 determined ineligible for cash assistance for a reason other
9 than a work activity sanction shall be contacted by the
10 workforce system case manager and provided information about
11 the availability of transitional benefits and services. Such
12 contact shall be attempted prior to closure of the case
13 management file.
14 (2) Each recipient of temporary cash assistance who is
15 determined ineligible for cash assistance due to noncompliance
16 with the work activity requirements shall be contacted and
17 provided information in accordance with s. 414.065(1).
18 (3) The department, in consultation with the board of
19 directors of Workforce Florida, Inc., shall develop
20 informational material, including posters and brochures, to
21 better inform families about the availability of transitional
22 benefits and services.
23 (4) Workforce Florida, Inc., in cooperation with the
24 Department of Children and Family Services shall, to the
25 extent permitted by federal law, develop procedures to
26 maximize the utilization of transitional Medicaid by families
27 who leave the temporary cash assistance program.
28 Section 28. Section 414.21, Florida Statutes, is
29 transferred, renumbered as section 445.029, Florida Statutes,
30 and amended to read:
31 445.029 414.21 Transitional medical benefits.--
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1 (1) A family that loses its temporary cash assistance
2 due to earnings shall remain eligible for Medicaid without
3 reapplication during the immediately succeeding 12-month
4 period if private medical insurance is unavailable from the
5 employer or is unaffordable.
6 (a) The family shall be denied Medicaid during the
7 12-month period for any month in which the family does not
8 include a dependent child.
9 (b) The family shall be denied Medicaid if, during the
10 second 6 months of the 12-month period, the family's average
11 gross monthly earnings during the preceding month exceed 185
12 percent of the federal poverty level.
13 (2) The family shall be informed of transitional
14 Medicaid when the family is notified by the Department of
15 Children and Family Services of the termination of temporary
16 cash assistance. The notice must include a description of the
17 circumstances in which the transitional Medicaid may be
18 terminated.
19 Section 29. Section 414.22, Florida Statutes, is
20 transferred, renumbered as section 445.030, Florida Statutes,
21 and amended to read:
22 445.030 414.22 Transitional education and
23 training.--In order to assist current and former recipients of
24 temporary cash assistance participants who are working or
25 actively seeking employment in continuing their training and
26 upgrading their skills, education, or training, support
27 services may be provided to a participant for up to 2 years
28 after the family participant is no longer receiving temporary
29 cash assistance in the program. This section does not
30 constitute an entitlement to transitional education and
31 training. If funds are not sufficient to provide services
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1 under this section, the WAGES Program State board of directors
2 of Workforce Florida, Inc., may limit or otherwise prioritize
3 transitional education and training.
4 (1) Education or training resources available in the
5 community at no additional cost to the WAGES Program shall be
6 used whenever possible.
7 (2) Regional workforce boards The local WAGES
8 coalitions may authorize child care or other support services
9 in addition to services provided in conjunction with
10 employment. For example, a participant who is employed full
11 time may receive subsidized child care related to that
12 employment and may also receive additional subsidized child
13 care in conjunction with training to upgrade the participant's
14 skills.
15 (3) Transitional education or training must be
16 job-related, but may include training to improve job skills in
17 a participant's existing area of employment or may include
18 training to prepare a participant for employment in another
19 occupation.
20 (4) A regional workforce board local WAGES coalition
21 may enter into an agreement with an employer to share the
22 costs relating to upgrading the skills of participants hired
23 by the employer. For example, a regional workforce board local
24 WAGES coalitions may agree to provide support services such as
25 transportation or a wage subsidy in conjunction with training
26 opportunities provided by the employer.
27 Section 30. Section 414.225, Florida Statutes, is
28 transferred, renumbered as section 445.031, Florida Statutes,
29 and amended to read:
30 445.031 414.225 Transitional transportation.--In order
31 to assist former recipients of temporary cash assistance WAGES
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1 participants in maintaining and sustaining employment or
2 educational opportunities, transportation may be provided, if
3 funds are available, for up to 2 years 1 year after the
4 participant is no longer in the program. This does not
5 constitute an entitlement to transitional transportation. If
6 funds are not sufficient to provide services under this
7 section, regional workforce boards the department may limit or
8 otherwise prioritize transportation services.
9 (1) Transitional transportation must be job or
10 education related.
11 (2) Transitional transportation may include expenses
12 identified in s. 445.025 s. 414.20, paid directly or by
13 voucher, as well as a vehicle valued at not more than $8,500
14 if the vehicle is needed for training, employment, or
15 educational purposes.
16 Section 31. Section 445.032, Florida Statutes, is
17 created to read:
18 445.032 Transitional child care.--In order to assist
19 former welfare transition program participants and individuals
20 who have been redirected through up-front diversion,
21 transitional child care is available for up to 2 years:
22 (a) After a participant has left the program due to
23 employment and whose income does not exceed 200 percent of the
24 federal poverty level at any time during that 2-year period.
25 (b) To an individual who has been redirected through
26 up-front diversion and whose income does not exceed 200
27 percent of the federal poverty level at any time during that
28 2-year period.
29 Section 32. Section 414.23, Florida Statutes, is
30 transferred, renumbered as section 445.033, Florida Statutes,
31 and amended to read:
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1 445.033 414.23 Evaluation.--The department and the
2 WAGES Program State board of directors of Workforce Florida,
3 Inc., and the Department of Children and Family Services shall
4 arrange for evaluation of TANF-funded programs operated under
5 this chapter, as follows:
6 (1) If required by federal waivers or other federal
7 requirements, the department and the WAGES Program State board
8 of directors of Workforce Florida, Inc., and the department
9 may provide for evaluation according to these requirements.
10 (2) The department and the WAGES Program State board
11 of directors of Workforce Florida, Inc., and the department
12 shall participate in the evaluation of this program in
13 conjunction with evaluation of the state's workforce
14 development programs or similar activities aimed at evaluating
15 program outcomes, cost-effectiveness, or return on investment,
16 and the impact of time limits, sanctions, and other welfare
17 reform measures set out in this chapter. Evaluation shall also
18 contain information on the number of participants in work
19 experience assignments who obtain unsubsidized employment,
20 including, but not limited to, the length of time the
21 unsubsidized job is retained, wages, and the public benefits,
22 if any, received by such families while in unsubsidized
23 employment. The evaluation shall solicit the input of
24 consumers, community-based organizations, service providers,
25 employers, and the general public, and shall publicize,
26 especially in low-income communities, the process for
27 submitting comments.
28 (3) The department and the WAGES Program State board
29 of directors of Workforce Florida, Inc., and the department
30 may share information with and develop protocols for
31
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1 information exchange with the Florida Education and Training
2 Placement Information Program.
3 (4) The department and the WAGES Program State board
4 of directors of Workforce Florida, Inc., and the department
5 may initiate or participate in additional evaluation or
6 assessment activities that will further the systematic study
7 of issues related to program goals and outcomes.
8 (5) In providing for evaluation activities, the
9 department and the WAGES Program State board of directors of
10 Workforce Florida, Inc., and the department shall safeguard
11 the use or disclosure of information obtained from program
12 participants consistent with federal or state requirements.
13 The department and the WAGES Program State Board of Directors
14 may use Evaluation methodologies may be used which that are
15 appropriate for evaluation of program activities, including
16 random assignment of recipients or participants into program
17 groups or control groups. To the extent necessary or
18 appropriate, evaluation data shall provide information with
19 respect to the state, district, or county, or other substate
20 area.
21 (6) The department and the WAGES Program State board
22 of directors of Workforce Florida, Inc., and the department
23 may contract with a qualified organization for evaluations
24 conducted under this section.
25 (7) Evaluations described in this section are exempt
26 from the provisions of s. 381.85.
27 Section 33. Section 445.034, Florida Statutes, is
28 created to read:
29 445.034 Authorized expenditures.--Any expenditures
30 from the Temporary Assistance for Needy Families block grant
31 shall be made in accordance with the requirements and
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1 limitations of part A of Title IV of the Social Security Act,
2 as amended, or any other applicable federal requirement or
3 limitation. Prior to any expenditure of such funds, the
4 Secretary of Children and Family Services, or his or her
5 designee, shall certify that controls are in place to ensure
6 such funds are expended in accordance with the requirements
7 and limitations of federal law and that any reporting
8 requirements of federal law are met. It shall be the
9 responsibility of any entity to which such funds are
10 appropriated to obtain the required certification prior to any
11 expenditure of funds.
12 Section 34. Section 414.44, Florida Statutes, is
13 transferred, renumbered as section 445.035, Florida Statutes,
14 and amended to read:
15 445.035 414.44 Data collection and reporting.--The
16 Department of Children and Family Services department and the
17 WAGES Program State board of directors of Workforce Florida,
18 Inc., shall collect data necessary to administer this chapter
19 and make the reports required under federal law to the United
20 States Department of Health and Human Services and the United
21 States Department of Agriculture.
22 Section 35. Section 414.025, Florida Statutes, is
23 amended to read:
24 414.025 Legislative intent.--
25 (1) It is the intent of the Legislature that families
26 in this state be strong and economically self-sufficient so as
27 to require minimal involvement by an efficient government.
28 (2) The purpose of this act is to develop
29 opportunities for families which provide for their needs,
30 enhance their well-being, and preserve the integrity of the
31 family free of impediments to self-reliance.
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1 (3) The WAGES Program shall emphasize work,
2 self-sufficiency, and personal responsibility while meeting
3 the transitional needs of program participants who need
4 short-term assistance toward achieving independent, productive
5 lives and gaining the responsibility that comes with
6 self-sufficiency.
7 (4) The WAGES Program shall take full advantage of the
8 flexibility provided under federal law, which allows for
9 efficiency through a simplified program and encourages a
10 program designed to focus on results rather than process.
11 (2)(5) This chapter does not entitle any individual or
12 family to assistance under the WAGES Program or Title IV-A of
13 the Social Security Act, as amended.
14 Section 36. Section 414.0252, Florida Statutes, is
15 amended to read:
16 414.0252 Definitions.--As used in ss. 414.025-414.55
17 ss. 414.015-414.45, the term:
18 (1) "Alternative payee" means an individual who
19 receives temporary assistance payments on behalf of a minor.
20 (2) "Applicant" means an individual who applies to
21 participate in the temporary family assistance program and
22 submits a signed and dated application.
23 (3) "Department" means the Department of Children and
24 Family Services.
25 (4) "Domestic violence" means any assault, aggravated
26 assault, battery, aggravated battery, sexual assault, sexual
27 battery, stalking, aggravated stalking, kidnapping, false
28 imprisonment, or any criminal offense that results in the
29 physical injury or death of one family or household member by
30 another.
31
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1 (5) "Family" means the assistance group or the
2 individuals whose needs, resources, and income are considered
3 when determining eligibility for temporary assistance. The
4 family for purposes of temporary assistance includes the minor
5 child, custodial parent, or caretaker relative who resides in
6 the same house or living unit. The family may also include
7 individuals whose income and resources are considered in whole
8 or in part in determining eligibility for temporary assistance
9 but whose needs, due to federal or state restrictions, are not
10 considered. These individuals include, but are not limited to,
11 ineligible noncitizens or sanctioned individuals.
12 (6) "Family or household member" means spouses, former
13 spouses, noncohabitating partners, persons related by blood or
14 marriage, persons who are presently residing together as if a
15 family or who have resided together in the past as if a
16 family, and persons who have a child in common regardless of
17 whether they have been married or have resided together at any
18 time.
19 (7) "Homeless" means an individual who lacks a fixed,
20 regular, and adequate nighttime residence or an individual who
21 has a primary nighttime residence that is:
22 (a) A supervised publicly or privately operated
23 shelter designed to provide temporary living accommodations,
24 including welfare hotels, congregate shelters, and
25 transitional housing for the mentally ill;
26 (b) An institution that provides a temporary residence
27 for individuals intended to be institutionalized; or
28 (c) A public or private place not designed for, or
29 ordinarily used as, a regular sleeping accommodation for human
30 beings.
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1 (8) "Minor child" means a child under 18 years of age,
2 or under 19 years of age if the child is a full-time student
3 in a secondary school or at the equivalent level of vocational
4 or technical training, and does not include anyone who is
5 married or divorced.
6 (9) "Participant" means an individual who has applied
7 for or receives temporary cash assistance or services under
8 the WAGES Program.
9 (10) "Public assistance" means benefits paid on the
10 basis of the temporary cash assistance, food stamp, Medicaid,
11 or optional state supplementation program.
12 (11) "Relative caretaker" or "caretaker relative"
13 means an adult who has assumed the primary responsibility of
14 caring for a child and who is related to the child by blood or
15 marriage.
16 (12) "Services and one-time payments" or "services,"
17 when used in reference to individuals who are not receiving
18 temporary cash assistance, means nonrecurrent, short-term
19 benefits designed to deal with a specific crisis situation or
20 episode of need and other services; work subsidies; supportive
21 services such as child care and transportation; services such
22 as counseling, case management, peer support, and child care
23 information and referral; transitional services, job
24 retention, job advancement, and other employment-related
25 services; nonmedical treatment for substance abuse or mental
26 health problems; and any other services that are reasonably
27 calculated to further the purposes of the WAGES Program and
28 the federal Temporary Assistance for Needy Families program.
29 Such terms do not include assistance as defined in federal
30 regulations at 45 C.F.R. s. 260.31(a).
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1 (12)(13) "Temporary cash assistance" means cash
2 assistance provided under the state program certified under
3 Title IV-A of the Social Security Act, as amended.
4 Section 37. Section 414.045, Florida Statutes, is
5 amended to read:
6 414.045 Cash assistance program.--Cash assistance
7 families include any families receiving cash assistance
8 payments from the state program for temporary assistance for
9 needy families as defined in federal law, whether such funds
10 are from federal funds, state funds, or commingled federal and
11 state funds. Cash assistance families may also include
12 families receiving cash assistance through a program defined
13 as a separate state program.
14 (1) For reporting purposes, families receiving cash
15 assistance shall be grouped in the following categories. The
16 department may develop additional groupings in order to comply
17 with federal reporting requirements, to comply with the
18 data-reporting needs of the WAGES Program State board of
19 directors of Workforce Florida, Inc., or to better inform the
20 public of program progress. Program reporting data shall
21 include, but not necessarily be limited to, the following
22 groupings:
23 (a) Work-eligible WAGES cases.--Work-eligible WAGES
24 cases shall include:
25 1. Families containing an adult or a teen head of
26 household, as defined by federal law. These cases are
27 generally subject to the work activity requirements provided
28 in s. 445.024 s. 414.065 and the time limitations on benefits
29 provided in s. 414.105.
30 2. Families with a parent where the parent's needs
31 have been removed from the case due to sanction or
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1 disqualification shall be considered work-eligible WAGES cases
2 to the extent that such cases are considered in the
3 calculation of federal participation rates or would be counted
4 in such calculation in future months.
5 3. Families participating in transition assistance
6 programs.
7 4. Families otherwise eligible for temporary cash
8 assistance the WAGES Program that receive a diversion
9 services, a severance or early exit payment, or participate in
10 the relocation program.
11 (b) Child-only cases.--Child-only cases include cases
12 that do not have an adult or teen head of household as defined
13 in federal law. Such cases include:
14 1. Child-only families with children in the care of
15 caretaker relatives where the caretaker relatives choose to
16 have their needs excluded in the calculation of the amount of
17 cash assistance.
18 2. Families in the Relative Caregiver Program as
19 provided in s. 39.5085.
20 3. Families in which the only parent in a
21 single-parent family or both parents in a two-parent family
22 receive supplemental security income (SSI) benefits under
23 Title XVI of the Social Security Act, as amended. To the
24 extent permitted by federal law, individuals receiving SSI
25 shall be excluded as household members in determining the
26 amount of cash assistance, and such cases shall not be
27 considered families containing an adult. Parents or caretaker
28 relatives who are excluded from the cash assistance group due
29 to receipt of SSI may choose to participate in WAGES work
30 activities. An individual who volunteers to participate in
31 WAGES work activity but whose ability to participate in work
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1 activities is limited shall be assigned to work activities
2 consistent with such limitations. An individual who volunteers
3 to participate in a WAGES work activity may receive
4 WAGES-related child care or support services consistent with
5 such participation.
6 4. Families where the only parent in a single-parent
7 family or both parents in a two-parent family are not eligible
8 for cash assistance due to immigration status or other
9 requirements of federal law. To the extent required by federal
10 law, such cases shall not be considered families containing an
11 adult.
12
13 Families described in subparagraph 1., subparagraph 2., or
14 subparagraph 3. may receive child care assistance or other
15 supports or services so that the children may continue to be
16 cared for in their own homes or the homes of relatives. Such
17 assistance or services may be funded from the temporary
18 assistance for needy families block grant to the extent
19 permitted under federal law and to the extent permitted by
20 appropriation of funds.
21 (2) The Oversight by of the WAGES Program State board
22 of directors of Workforce Florida, Inc., and the service
23 delivery and financial planning responsibilities of the
24 regional workforce boards local WAGES coalitions shall apply
25 to the families defined as work-eligible WAGES cases in
26 paragraph (1)(a). The department shall be responsible for
27 program administration related to families in groups defined
28 in paragraph (1)(b), and the department shall coordinate such
29 administration with the WAGES Program State board of directors
30 of Workforce Florida, Inc., to the extent needed for operation
31 of the program.
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1 Section 38. Section 414.065, Florida Statutes, is
2 amended to read:
3 414.065 Noncompliance with work requirements.--
4 (1) WORK ACTIVITIES.--The following activities may be
5 used individually or in combination to satisfy the work
6 requirements for a participant in the WAGES Program:
7 (a) Unsubsidized employment.--Unsubsidized employment
8 is full-time employment or part-time employment that is not
9 directly supplemented by federal or state funds. Paid
10 apprenticeship and cooperative education activities are
11 included in this activity.
12 (b) Subsidized private sector employment.--Subsidized
13 private sector employment is employment in a private
14 for-profit enterprise or a private not-for-profit enterprise
15 which is directly supplemented by federal or state funds. A
16 subsidy may be provided in one or more of the forms listed in
17 this paragraph.
18 1. Work supplementation.--A work supplementation
19 subsidy diverts a participant's temporary cash assistance
20 under the program to the employer. The employer must pay the
21 participant wages that equal or exceed the applicable federal
22 minimum wage. Work supplementation may not exceed 6 months. At
23 the end of the supplementation period, the employer is
24 expected to retain the participant as a regular employee
25 without receiving a subsidy. A work supplementation agreement
26 may not be continued with any employer who exhibits a pattern
27 of failing to provide participants with continued employment
28 after the period of work supplementation ends.
29 2. On-the-job training.--On-the-job training is
30 full-time, paid employment in which the employer or an
31 educational institution in cooperation with the employer
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1 provides training needed for the participant to perform the
2 skills required for the position. The employer or the
3 educational institution on behalf of the employer receives a
4 subsidy to offset the cost of the training provided to the
5 participant. Upon satisfactory completion of the training, the
6 employer is expected to retain the participant as a regular
7 employee without receiving a subsidy. An on-the-job training
8 agreement may not be continued with any employer who exhibits
9 a pattern of failing to provide participants with continued
10 employment after the on-the-job training subsidy ends.
11 3. Incentive payments.--The department and local WAGES
12 coalitions may provide additional incentive payments to
13 encourage employers to employ program participants. Incentive
14 payments may include payments to encourage the employment of
15 hard-to-place participants, in which case the amount of the
16 payment shall be weighted proportionally to the extent to
17 which the participant has limitations associated with the
18 long-term receipt of welfare and difficulty in sustaining
19 employment. In establishing incentive payments, the department
20 and local WAGES coalitions shall consider the extent of prior
21 receipt of welfare, lack of employment experience, lack of
22 education, lack of job skills, and other appropriate factors.
23 A participant who has complied with program requirements and
24 who is approaching the time limit for receiving temporary cash
25 assistance may be defined as "hard-to-place." Incentive
26 payments may include payments in which an initial payment is
27 made to the employer upon the employment of a participant, and
28 the majority of the incentive payment is made after the
29 employer retains the participant as a full-time employee for
30 at least 12 months. An incentive agreement may not be
31 continued with any employer who exhibits a pattern of failing
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1 to provide participants with continued employment after the
2 incentive payments cease.
3 4. Tax credits.--An employer who employs a program
4 participant may qualify for enterprise zone property tax
5 credits under s. 220.182, the tax refund program for qualified
6 target industry businesses under s. 288.106, or other federal
7 or state tax benefits. The department and the Department of
8 Labor and Employment Security shall provide information and
9 assistance, as appropriate, to use such credits to accomplish
10 program goals.
11 5. WAGES training bonus.--An employer who hires a
12 WAGES participant who has less than 6 months of eligibility
13 for temporary cash assistance remaining and who pays the
14 participant a wage that precludes the participant's
15 eligibility for temporary cash assistance may receive $240 for
16 each full month of employment for a period that may not exceed
17 3 months. An employer who receives a WAGES training bonus for
18 an employee may not receive a work supplementation subsidy for
19 the same employee. Employment is defined as 35 hours per week
20 at a wage of no less than minimum wage.
21 (c) Subsidized public sector employment.--Subsidized
22 public sector employment is employment by an agency of the
23 federal, state, or local government which is directly
24 supplemented by federal or state funds. The applicable
25 subsidies provided under paragraph (b) may be used to
26 subsidize employment in the public sector, except that
27 priority for subsidized employment shall be employment in the
28 private sector. Public sector employment is distinguished from
29 work experience in that the participant is paid wages and
30 receives the same benefits as a nonsubsidized employee who
31
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1 performs similar work. Work-study activities administered by
2 educational institutions are included in this activity.
3 (d) Community service work experience.--Community
4 service work experience is job training experience at a
5 supervised public or private not-for-profit agency. A
6 participant shall receive temporary cash assistance in the
7 form of wages, which, when combined with the value of food
8 stamps awarded to the participant, is proportional to the
9 amount of time worked. A participant in the WAGES Program or
10 the Food Stamp Employment and Training program assigned to
11 community service work experience shall be deemed an employee
12 of the state for purposes of workers' compensation coverage
13 and is subject to the requirements of the drug-free workplace
14 program. Community service work experience may be selected as
15 an activity for a participant who needs to increase
16 employability by improving his or her interpersonal skills,
17 job-retention skills, stress management, and job problem
18 solving, and by learning to attain a balance between job and
19 personal responsibilities. Community service is intended to:
20 1. Assess WAGES Program compliance before referral of
21 the participant to costly services such as career education;
22 2. Maintain work activity status while the participant
23 awaits placement into paid employment or training;
24 3. Fulfill a clinical practicum or internship
25 requirement related to employment; or
26 4. Provide work-based mentoring.
27
28 As used in this paragraph, the terms "community service
29 experience," "community work," and "workfare" are synonymous.
30 (e) Work experience.--Work experience is an
31 appropriate work activity for participants who lack
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1 preparation for or experience in the workforce. It must
2 combine a job training activity in a public or private
3 not-for-profit agency with education and training related to
4 an employment goal. To qualify as a work activity, work
5 experience must include education and training in addition to
6 the time required by the work activity, and the work activity
7 must be intensively supervised and structured. The WAGES
8 Program shall contract for any services provided for clients
9 who are assigned to this activity and shall require
10 performance benchmarks, goals, outcomes, and time limits
11 designed to assure that the participant moves toward full-time
12 paid employment. A participant shall receive temporary cash
13 assistance proportional to the time worked. A participant
14 assigned to work experience is an employee of the state for
15 purposes of workers' compensation coverage and is subject to
16 the requirements of the drug-free workplace program.
17 (f) Job search and job readiness assistance.--Job
18 search assistance may include supervised or unsupervised
19 job-seeking activities. Job readiness assistance provides
20 support for job-seeking activities, which may include:
21 1. Orientation to the world of work and basic
22 job-seeking and job retention skills.
23 2. Instruction in completing an application for
24 employment and writing a resume.
25 3. Instruction in conducting oneself during a job
26 interview, including appropriate dress.
27 4. Instruction in how to retain a job, plan a career,
28 and perform successfully in the workplace.
29
30 Job readiness assistance may also include providing a
31 participant with access to an employment resource center that
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1 contains job listings, telephones, facsimile machines,
2 typewriters, and word processors. Job search and job readiness
3 activities may be used in conjunction with other program
4 activities, such as work experience, but may not be the
5 primary work activity for longer than the length of time
6 permitted under federal law.
7 (g) Vocational education or training.--Vocational
8 education or training is education or training designed to
9 provide participants with the skills and certification
10 necessary for employment in an occupational area. Vocational
11 education or training may be used as a primary program
12 activity for participants when it has been determined that the
13 individual has demonstrated compliance with other phases of
14 program participation and successful completion of the
15 vocational education or training is likely to result in
16 employment entry at a higher wage than the participant would
17 have been likely to attain without completion of the
18 vocational education or training. Vocational education or
19 training may be combined with other program activities and
20 also may be used to upgrade skills or prepare for a higher
21 paying occupational area for a participant who is employed.
22 1. Unless otherwise provided in this section,
23 vocational education shall not be used as the primary program
24 activity for a period which exceeds 12 months. The 12-month
25 restriction applies to instruction in a career education
26 program and does not include remediation of basic skills,
27 including English language proficiency, if remediation is
28 necessary to enable a WAGES participant to benefit from a
29 career education program. Any necessary remediation must be
30 completed before a participant is referred to vocational
31 education as the primary work activity. In addition, use of
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1 vocational education or training shall be restricted to the
2 limitation established in federal law. Vocational education
3 included in a program leading to a high school diploma shall
4 not be considered vocational education for purposes of this
5 section.
6 2. When possible, a provider of vocational education
7 or training shall use funds provided by funding sources other
8 than the department or the local WAGES coalition. Either
9 department may provide additional funds to a vocational
10 education or training provider only if payment is made
11 pursuant to a performance-based contract. Under a
12 performance-based contract, the provider may be partially paid
13 when a participant completes education or training, but the
14 majority of payment shall be made following the participant's
15 employment at a specific wage or job retention for a specific
16 duration. Performance-based payments made under this
17 subparagraph are limited to education or training for targeted
18 occupations identified by the Occupational Forecasting
19 Conference under s. 216.136, or other programs identified by
20 the Workforce Development Board as beneficial to meet the
21 needs of designated groups, such as WAGES participants, who
22 are hard to place. If the contract pays the full cost of
23 training, the community college or school district may not
24 report the participants for other state funding, except that
25 the college or school district may report WAGES clients for
26 performance incentives or bonuses authorized for student
27 enrollment, completion, and placement.
28 (h) Job skills training.--Job skills training includes
29 customized training designed to meet the needs of a specific
30 employer or a specific industry. Job skills training shall
31 include literacy instruction, and may include English
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1 proficiency instruction or Spanish language or other language
2 instruction if necessary to enable a participant to perform in
3 a specific job or job training program or if the training
4 enhances employment opportunities in the local community. A
5 participant may be required to complete an entrance assessment
6 or test before entering into job skills training.
7 (i) Education services related to employment for
8 participants 19 years of age or younger.--Education services
9 provided under this paragraph are designed to prepare a
10 participant for employment in an occupation. The department
11 shall coordinate education services with the school-to-work
12 activities provided under s. 229.595. Activities provided
13 under this paragraph are restricted to participants 19 years
14 of age or younger who have not completed high school or
15 obtained a high school equivalency diploma.
16 (j) School attendance.--Attendance at a high school or
17 attendance at a program designed to prepare the participant to
18 receive a high school equivalency diploma is a required
19 program activity for each participant 19 years of age or
20 younger who:
21 1. Has not completed high school or obtained a high
22 school equivalency diploma;
23 2. Is a dependent child or a head of household; and
24 3. For whom it has not been determined that another
25 program activity is more appropriate.
26 (k) Teen parent services.--Participation in medical,
27 educational, counseling, and other services that are part of a
28 comprehensive program is a required activity for each teen
29 parent who participates in the WAGES Program.
30 (l) Extended education and training.--Notwithstanding
31 any other provisions of this section to the contrary, the
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1 WAGES Program State Board of Directors may approve a plan by a
2 local WAGES coalition for assigning, as work requirements,
3 educational activities that exceed or are not included in
4 those provided elsewhere in this section and that do not
5 comply with federal work participation requirement
6 limitations. In order to be eligible to implement this
7 provision, a coalition must continue to exceed the overall
8 federal work participation rate requirements. For purposes of
9 this paragraph, the WAGES Program State Board of Directors may
10 adjust the regional participation requirement based on
11 regional caseload decline. However, this adjustment is
12 limited to no more than the adjustment produced by the
13 calculation used to generate federal adjustments to the
14 participation requirement due to caseload decline.
15 (2) WORK ACTIVITY REQUIREMENTS.--Each individual who
16 is not otherwise exempt must participate in a work activity,
17 except for community service work experience, for the maximum
18 number of hours allowable under federal law, provided that no
19 participant be required to work more than 40 hours per week or
20 less than the minimum number of hours required by federal law.
21 The maximum number of hours each month that a participant may
22 be required to participate in community service activities is
23 the greater of: the number of hours that would result from
24 dividing the family's monthly amount for temporary cash
25 assistance and food stamps by the federal minimum wage and
26 then dividing that result by the number of participants in the
27 family who participate in community service activities; or the
28 minimum required to meet federal participation requirements.
29 However, in no case shall the maximum hours required per week
30 for community work experience exceed 40 hours. An applicant
31
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1 shall be referred for employment at the time of application if
2 the applicant is eligible to participate in the WAGES Program.
3 (a) A participant in a work activity may also be
4 required to enroll in and attend a course of instruction
5 designed to increase literacy skills to a level necessary for
6 obtaining or retaining employment, provided that the
7 instruction plus the work activity does not require more than
8 40 hours per week.
9 (b) WAGES Program funds may be used, as available, to
10 support the efforts of a participant who meets the work
11 activity requirements and who wishes to enroll in or continue
12 enrollment in an adult general education program or a career
13 education program.
14 (3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
15 following individuals are exempt from work activity
16 requirements:
17 (a) A minor child under age 16, except that a child
18 exempted from this provision shall be subject to the
19 requirements of paragraph (1)(i) and s. 414.125.
20 (b) An individual who receives benefits under the
21 Supplemental Security Income program or the Social Security
22 Disability Insurance program.
23 (c) Adults who are not included in the calculation of
24 temporary cash assistance in child-only cases.
25 (d) One custodial parent with a child under 3 months
26 of age, except that the parent may be required to attend
27 parenting classes or other activities to better prepare for
28 the responsibilities of raising a child. If the custodial
29 parent is age 19 or younger and has not completed high school
30 or the equivalent, he or she may be required to attend school
31 or other appropriate educational activities.
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1 (1)(4) PENALTIES FOR NONPARTICIPATION IN WORK
2 REQUIREMENTS AND FAILURE TO COMPLY WITH ALTERNATIVE
3 REQUIREMENT PLANS.--The department shall establish procedures
4 for administering penalties for nonparticipation in work
5 requirements and failure to comply with the alternative
6 requirement plan. If an individual in a family receiving
7 temporary cash assistance fails to engage in work activities
8 required in accordance with s. 445.024 this section, the
9 following penalties shall apply. Prior to the imposition of a
10 sanction, the participant shall be notified orally or in
11 writing that the participant is subject to sanction and that
12 action will be taken to impose the sanction unless the
13 participant complies with the work activity requirements. The
14 participant shall be counseled as to the consequences of
15 noncompliance and, if appropriate, shall be referred for
16 services that could assist the participant to fully comply
17 with program requirements. If the participant has good cause
18 for noncompliance or demonstrates satisfactory compliance, the
19 sanction shall not be imposed. If the participant has
20 subsequently obtained employment, the participant shall be
21 counseled regarding the transitional benefits that may be
22 available and provided information about how to access such
23 benefits. Notwithstanding provisions of this section to the
24 contrary, if the Federal Government does not allow food stamps
25 to be treated under sanction as provided in this section, The
26 department shall attempt to secure a waiver that provides for
27 procedures as similar as possible to those provided in this
28 section and shall administer sanctions related to food stamps
29 consistent with federal regulations.
30 (a)1. First noncompliance: temporary cash assistance
31 shall be terminated for the family for a minimum of 10 days or
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1 until the individual who failed to comply does so, and food
2 stamp benefits shall not be increased as a result of the loss
3 of temporary cash assistance.
4 2. Second noncompliance: temporary cash assistance
5 and food stamps shall be terminated for the family for 1 month
6 or until the individual who failed to comply does so,
7 whichever is later demonstrates compliance in the required
8 work activity for a period of 30 days. Upon meeting this
9 requirement compliance, temporary cash assistance and food
10 stamps shall be reinstated to the date of compliance or the
11 first day of the month following the penalty period, whichever
12 is later.
13 3. Third noncompliance: temporary cash assistance and
14 food stamps shall be terminated for the family for 3 months or
15 until the individual who failed to comply does so, whichever
16 is later. The individual shall be required to comply with the
17 required demonstrate compliance in the work activity upon
18 completion of the 3-month penalty period, before reinstatement
19 of temporary cash assistance and food stamps. Upon meeting
20 this requirement, temporary cash assistance shall be
21 reinstated to the date of compliance or the first day of the
22 month following the penalty period, whichever is later.
23 (b) If a participant receiving temporary cash
24 assistance who is otherwise exempted from noncompliance
25 penalties fails to comply with the alternative requirement
26 plan required in accordance with this section, the penalties
27 provided in paragraph (a) shall apply.
28
29 If a participant fully complies with work activity
30 requirements for at least 6 months, the participant shall be
31 reinstated as being in full compliance with program
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1 requirements for purpose of sanctions imposed under this
2 section.
3 (2)(5) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR
4 CHILDREN; PROTECTIVE PAYEES.--
5 (a) Upon the second or third occurrence of
6 noncompliance, temporary cash assistance and food stamps for
7 the child or children in a family who are under age 16 may be
8 continued. Any such payments must be made through a protective
9 payee or, in the case of food stamps, through an authorized
10 representative. Under no circumstances shall temporary cash
11 assistance or food stamps be paid to an individual who has
12 failed to comply with program requirements.
13 (b) Protective payees shall be designated by the
14 department and may include:
15 1. A relative or other individual who is interested in
16 or concerned with the welfare of the child or children and
17 agrees in writing to utilize the assistance in the best
18 interest of the child or children.
19 2. A member of the community affiliated with a
20 religious, community, neighborhood, or charitable organization
21 who agrees in writing to utilize the assistance in the best
22 interest of the child or children.
23 3. A volunteer or member of an organization who agrees
24 in writing to fulfill the role of protective payee and to
25 utilize the assistance in the best interest of the child or
26 children.
27 (c) The protective payee designated by the department
28 shall be the authorized representative for purposes of
29 receiving food stamps on behalf of a child or children under
30 age 16. The authorized representative must agree in writing to
31
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1 use the food stamps in the best interest of the child or
2 children.
3 (d) If it is in the best interest of the child or
4 children, as determined by the department, for the staff
5 member of a private agency, a public agency, the department,
6 or any other appropriate organization to serve as a protective
7 payee or authorized representative, such designation may be
8 made, except that a protective payee or authorized
9 representative must not be any individual involved in
10 determining eligibility for temporary cash assistance or food
11 stamps for the family, staff handling any fiscal processes
12 related to issuance of temporary cash assistance or food
13 stamps, or landlords, grocers, or vendors of goods, services,
14 or items dealing directly with the participant.
15 (e) The department may pay incidental expenses or
16 travel expenses for costs directly related to performance of
17 the duties of a protective payee as necessary to implement the
18 provisions of this subsection.
19 (f) If the department is unable to designate a
20 qualified protective payee or authorized representative, a
21 referral shall be made under the provisions of chapter 39 for
22 protective intervention.
23 (3)(6) PROPORTIONAL REDUCTION OF TEMPORARY CASH
24 ASSISTANCE RELATED TO PAY AFTER PERFORMANCE.--Notwithstanding
25 the provisions of subsection (1) (4), if an individual is
26 receiving temporary cash assistance under a
27 pay-after-performance arrangement and the individual
28 participates, but fails to meet the full participation
29 requirement, then the temporary cash assistance received shall
30 be reduced and shall be proportional to the actual
31 participation. Food stamps may be included in a
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1 pay-after-performance arrangement if permitted under federal
2 law.
3 (4)(7) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless
4 otherwise provided, the situations listed in this subsection
5 shall constitute exceptions to the penalties for noncompliance
6 with participation requirements, except that these situations
7 do not constitute exceptions to the applicable time limit for
8 receipt of temporary cash assistance:
9 (a) Noncompliance related to child care.--Temporary
10 cash assistance may not be terminated for refusal to
11 participate in work activities if the individual is a single
12 custodial parent caring for a child who has not attained 6
13 years of age, and the adult proves to the regional workforce
14 board department an inability to obtain needed child care for
15 one or more of the following reasons, as defined in the Child
16 Care and Development Fund State Plan required by part 98 of 45
17 C.F.R.:
18 1. Unavailability of appropriate child care within a
19 reasonable distance from the individual's home or worksite.
20 2. Unavailability or unsuitability of informal child
21 care by a relative or under other arrangements.
22 3. Unavailability of appropriate and affordable formal
23 child care arrangements.
24 (b) Noncompliance related to domestic violence.--An
25 individual who is determined to be unable to comply with the
26 work requirements because such compliance would make it
27 probable that the individual would be unable to escape
28 domestic violence shall be exempt from work requirements
29 pursuant to s. 414.028(4)(g). However, the individual shall
30 comply with a plan that specifies alternative requirements
31 that prepare the individual for self-sufficiency while
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1 providing for the safety of the individual and the
2 individual's dependents. A participant who is determined to
3 be out of compliance with the alternative requirement plan
4 shall be subject to the penalties under subsection (1) (4).
5 An exception granted under this paragraph does not
6 automatically constitute an extension of exception to the time
7 limitations on benefits specified under s. 414.105.
8 (c) Noncompliance related to treatment or remediation
9 of past effects of domestic violence.--An individual who is
10 determined to be unable to comply with the work requirements
11 under this section due to mental or physical impairment
12 related to past incidents of domestic violence may be exempt
13 from work requirements for a specified period pursuant to s.
14 414.028(4)(g), except that such individual shall comply with a
15 plan that specifies alternative requirements that prepare the
16 individual for self-sufficiency while providing for the safety
17 of the individual and the individual's dependents. A
18 participant who is determined to be out of compliance with the
19 alternative requirement plan shall be subject to the penalties
20 under subsection (1) (4). The plan must include counseling or
21 a course of treatment necessary for the individual to resume
22 participation. The need for treatment and the expected
23 duration of such treatment must be verified by a physician
24 licensed under chapter 458 or chapter 459; a psychologist
25 licensed under s. 490.005(1), s. 490.006, or the provision
26 identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of
27 Florida; a therapist as defined in s. 491.003(2) or (6); or a
28 treatment professional who is registered under s. 39.905(1)(g)
29 s. 415.605(1)(g), is authorized to maintain confidentiality
30 under s. 90.5036(1)(d), and has a minimum of 2 years
31 experience at a certified domestic violence center. An
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1 exception granted under this paragraph does not automatically
2 constitute an extension of exception from the time limitations
3 on benefits specified under s. 414.105.
4 (d) Noncompliance related to medical incapacity.--If
5 an individual cannot participate in assigned work activities
6 due to a medical incapacity, the individual may be excepted
7 from the activity for a specific period, except that the
8 individual shall be required to comply with the course of
9 treatment necessary for the individual to resume
10 participation. A participant may not be excused from work
11 activity requirements unless the participant's medical
12 incapacity is verified by a physician licensed under chapter
13 458 or chapter 459, in accordance with procedures established
14 by rule of the department. An individual for whom there is
15 medical verification of limitation to participate in work
16 activities shall be assigned to work activities consistent
17 with such limitations. Evaluation of an individual's ability
18 to participate in work activities or development of a plan for
19 work activity assignment may include vocational assessment or
20 work evaluation. The department or a regional workforce board
21 local WAGES coalition may require an individual to cooperate
22 in medical or vocational assessment necessary to evaluate the
23 individual's ability to participate in a work activity.
24 (e) Noncompliance related to outpatient mental health
25 or substance abuse treatment.--If an individual cannot
26 participate in the required hours of work activity due to a
27 need to become or remain involved in outpatient mental health
28 or substance abuse counseling or treatment, the individual may
29 be exempted from the work activity for up to 5 hours per week,
30 not to exceed 100 hours per year. An individual may not be
31 excused from a work activity unless a mental health or
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1 substance abuse professional recognized by the department or
2 regional workforce board certifies the treatment protocol and
3 provides verification of attendance at the counseling or
4 treatment sessions each week.
5 (f)(e) Noncompliance due to medical incapacity by
6 applicants for Supplemental Security Income (SSI) or Social
7 Security Disability Income (SSDI).--An individual subject to
8 work activity requirements may be exempted from those
9 requirements if the individual provides information verifying
10 that he or she has filed an application for SSI disability
11 benefits or SSDI disability benefits and the decision is
12 pending development and evaluation under social security
13 disability law, rules, and regulations at the initial
14 reconsideration, administrative law judge, or Social Security
15 Administration Appeals Council levels.
16 (g)(f) Other good cause exceptions for
17 noncompliance.--Individuals who are temporarily unable to
18 participate due to circumstances beyond their control may be
19 excepted from the noncompliance penalties. The department may
20 define by rule situations that would constitute good cause.
21 These situations must include caring for a disabled family
22 member when the need for the care has been verified and
23 alternate care is not available.
24 (5)(8) WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL
25 PARENTS.--
26 (a) The court may order a noncustodial parent who is
27 delinquent in child support payments to participate in work
28 activities under this chapter so that the parent may obtain
29 employment and fulfill the obligation to provide support
30 payments. A noncustodial parent who fails to satisfactorily
31
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1 engage in court-ordered work activities may be held in
2 contempt.
3 (b) The court may order a noncustodial parent to
4 participate in work activities under this chapter if the child
5 of the noncustodial parent has been placed with a relative, in
6 an emergency shelter, in foster care, or in other substitute
7 care, and:
8 1. The case plan requires the noncustodial parent to
9 participate in work activities; or
10 2. The noncustodial parent would be eligible to
11 participate in work activities the WAGES Program and subject
12 to work activity requirements if the child were living with
13 the parent.
14
15 If a noncustodial parent fails to comply with the case plan,
16 the noncustodial parent may be removed from program
17 participation.
18 (9) PRIORITIZATION OF WORK REQUIREMENTS.--The
19 department and local WAGES coalitions shall require
20 participation in work activities to the maximum extent
21 possible, subject to federal and state funding. If funds are
22 projected to be insufficient to allow full-time work
23 activities by all program participants who are required to
24 participate in work activities, local WAGES coalitions shall
25 screen participants and assign priority based on the
26 following:
27 (a) In accordance with federal requirements, at least
28 one adult in each two-parent family shall be assigned priority
29 for full-time work activities.
30
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1 (b) Among single-parent families, a family that has
2 older preschool children or school-age children shall be
3 assigned priority for work activities.
4 (c) A participant who has access to nonsubsidized
5 child care may be assigned priority for work activities.
6 (d) Priority may be assigned based on the amount of
7 time remaining until the participant reaches the applicable
8 time limit for program participation or may be based on
9 requirements of a case plan.
10
11 Local WAGES coalitions may limit a participant's weekly work
12 requirement to the minimum required to meet federal work
13 activity requirements in lieu of the level defined in
14 subsection (2). The department and local WAGES coalitions may
15 develop screening and prioritization procedures within service
16 districts or within counties based on the allocation of
17 resources, the availability of community resources, or the
18 work activity needs of the service district.
19 (10) USE OF CONTRACTS.--The department and local WAGES
20 coalitions shall provide work activities, training, and other
21 services, as appropriate, through contracts. In contracting
22 for work activities, training, or services, the following
23 applies:
24 (a) All education and training provided under the
25 WAGES Program shall be provided through agreements with
26 regional workforce development boards.
27 (b) A contract must be performance-based. Wherever
28 possible, payment shall be tied to performance outcomes that
29 include factors such as, but not limited to, job entry, job
30 entry at a target wage, and job retention, rather than tied to
31
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1 completion of training or education or any other phase of the
2 program participation process.
3 (c) A contract may include performance-based incentive
4 payments that may vary according to the extent to which the
5 participant is more difficult to place. Contract payments may
6 be weighted proportionally to reflect the extent to which the
7 participant has limitations associated with the long-term
8 receipt of welfare and difficulty in sustaining employment.
9 The factors may include the extent of prior receipt of
10 welfare, lack of employment experience, lack of education,
11 lack of job skills, and other factors determined appropriate
12 by the department.
13 (d) Notwithstanding the exemption from the competitive
14 sealed bid requirements provided in s. 287.057(3)(f) for
15 certain contractual services, each contract awarded under this
16 chapter must be awarded on the basis of a competitive sealed
17 bid, except for a contract with a governmental entity as
18 determined by the department.
19 (e) The department and the local WAGES coalitions may
20 contract with commercial, charitable, or religious
21 organizations. A contract must comply with federal
22 requirements with respect to nondiscrimination and other
23 requirements that safeguard the rights of participants.
24 Services may be provided under contract, certificate, voucher,
25 or other form of disbursement.
26 (f) The administrative costs associated with a
27 contract for services provided under this section may not
28 exceed the applicable administrative cost ceiling established
29 in federal law. An agency or entity that is awarded a contract
30 under this section may not charge more than 7 percent of the
31 value of the contract for administration, unless an exception
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1 is approved by the local WAGES coalition. A list of any
2 exceptions approved must be submitted to the WAGES Program
3 State Board of Directors for review, and the board may rescind
4 approval of the exception. The WAGES Program State Board of
5 Directors may also approve exceptions for any statewide
6 contract for services provided under this section.
7 (g) Local WAGES coalitions may enter into contracts to
8 provide short-term work experience for the chronically
9 unemployed as provided in this section.
10 (h) A tax-exempt organization under s. 501(c) of the
11 Internal Revenue Code of 1986 which receives funds under this
12 chapter must disclose receipt of federal funds on any
13 advertising, promotional, or other material in accordance with
14 federal requirements.
15 (11) PROTECTIONS FOR PARTICIPANTS.--Each participant
16 is subject to the same health, safety, and nondiscrimination
17 standards established under federal, state, or local laws that
18 otherwise apply to other individuals engaged in similar
19 activities who are not participants in the WAGES Program.
20 (12) PROTECTION FOR CURRENT EMPLOYEES.--In
21 establishing and contracting for work experience and community
22 service activities, other work experience activities,
23 on-the-job training, subsidized employment, and work
24 supplementation under the WAGES Program, an employed worker
25 may not be displaced, either completely or partially. A WAGES
26 participant may not be assigned to an activity or employed in
27 a position if the employer has created the vacancy or
28 terminated an existing employee without good cause in order to
29 fill that position with a WAGES Program participant.
30 (13) CONTRACTS FOR VOCATIONAL ASSESSMENTS AND WORK
31 EVALUATIONS.--Vocational assessments or work evaluations by
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1 the Division of Vocational Rehabilitation pursuant to this
2 section shall be performed under contract with the local WAGES
3 coalitions.
4 Section 39. Section 414.085, Florida Statutes, is
5 amended to read:
6 414.085 Income eligibility standards.--For purposes of
7 program simplification and effective program management,
8 certain income definitions, as outlined in the food stamp
9 regulations at 7 C.F.R. s. 273.9, shall be applied to the
10 temporary cash assistance WAGES program as determined by the
11 department to be consistent with federal law regarding
12 temporary cash assistance and Medicaid for needy families,
13 except as to the following:
14 (1) Participation in the temporary cash assistance
15 WAGES program shall be limited to those families whose gross
16 family income is equal to or less than 185 130 percent of the
17 federal poverty level established in s. 673(2) of the
18 Community Services Block Grant Act, 42 U.S.C. s. 9901(2).
19 (2) Income security payments, including payments
20 funded under part B of Title IV of the Social Security Act, as
21 amended; supplemental security income under Title XVI of the
22 Social Security Act, as amended; or other income security
23 payments as defined by federal law shall be excluded as income
24 unless required to be included by federal law.
25 (3) The first $50 of child support paid to a custodial
26 parent receiving temporary cash assistance may not be
27 disregarded in calculating the amount of temporary cash
28 assistance for the family, unless such exclusion is required
29 by federal law.
30
31
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1 (4) An incentive payment to a participant authorized
2 by a regional workforce board local WAGES coalition shall not
3 be considered income.
4 Section 40. Section 414.095, Florida Statutes, is
5 amended to read:
6 414.095 Determining eligibility for temporary cash
7 assistance the WAGES Program.--
8 (1) ELIGIBILITY.--An applicant must meet eligibility
9 requirements of this section before receiving services or
10 temporary cash assistance under this chapter, except that an
11 applicant shall be required to register for work and engage in
12 work activities in accordance with s. 445.024, as designated
13 by the regional workforce board, s. 414.065 and may receive
14 support services or child care assistance in conjunction with
15 such requirement. The department shall make a determination of
16 eligibility based on the criteria listed in this chapter. The
17 department shall monitor continued eligibility for temporary
18 cash assistance through periodic reviews consistent with the
19 food stamp eligibility process. Benefits shall not be denied
20 to an individual solely based on a felony drug conviction,
21 unless the conviction is for trafficking pursuant to s.
22 893.135. To be eligible under this section, an individual
23 convicted of a drug felony must be satisfactorily meeting the
24 requirements of the temporary cash assistance WAGES program,
25 including all substance abuse treatment requirements. Within
26 the limits specified in this chapter, the state opts out of
27 the provision of Pub. L. No. 104-193, s. 115, that eliminates
28 eligibility for temporary cash assistance and food stamps for
29 any individual convicted of a controlled substance felony.
30 (2) ADDITIONAL ELIGIBILITY REQUIREMENTS.--
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1 (a) To be eligible for services or temporary cash
2 assistance and Medicaid under the WAGES Program:
3 1. An applicant must be a United States citizen, or a
4 qualified noncitizen, as defined in this section.
5 2. An applicant must be a legal resident of the state.
6 3. Each member of a family must provide to the
7 department the member's social security number or shall
8 provide proof of application for a social security number. An
9 individual who fails to provide to the department a social
10 security number, or proof of application for a social security
11 number, is not eligible to participate in the program.
12 4. A minor child must reside with a custodial parent
13 or parents or with a relative caretaker who is within the
14 specified degree of blood relationship as defined under this
15 chapter the WAGES Program, or in a setting approved by the
16 department.
17 5. Each family must have a minor child and meet the
18 income and resource requirements of the program. All minor
19 children who live in the family, as well as the parents of the
20 minor children, shall be included in the eligibility
21 determination unless specifically excluded.
22 (b) The following members of a family are eligible to
23 participate in the program if all eligibility requirements are
24 met:
25 1. A minor child who resides with a custodial parent
26 or other adult caretaker relative.
27 2. The parent of a minor child with whom the child
28 resides.
29 3. The caretaker relative with whom the minor child
30 resides who chooses to have her or his needs and income
31 included in the family.
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1 4. Unwed minor children and their children if the
2 unwed minor child lives at home or in an adult-supervised
3 setting and if temporary cash assistance is paid to an
4 alternative payee.
5 5. A pregnant woman.
6 (3) ELIGIBILITY FOR NONCITIZENS.--A "qualified
7 noncitizen" is an individual who is admitted to lawfully
8 present in the United States as a refugee under s. 207 of the
9 Immigration and Nationality Act or who is granted asylum under
10 s. ss. 207 and 208 of the Immigration and Nationality Act; a
11 noncitizen, an alien whose deportation is withheld under s.
12 243(h) or s. 241(b)(3) of the Immigration and Nationality Act;
13 a noncitizen, or an alien who is paroled into the United
14 States under s. 212(d)(5) of the Immigration and Nationality
15 Act, for at least 1 year, a noncitizen who is granted
16 conditional entry pursuant to s. 203(a)(7) of the Immigration
17 and Nationality Act as in effect prior to April 1, 1980; a
18 Cuban or Haitian entrant; or a noncitizen who has been
19 admitted as a permanent resident and meets specific criteria
20 under federal law. In addition, a "qualified noncitizen"
21 includes an individual who, or an individual whose child or
22 parent, has been battered or subject to extreme cruelty in the
23 United States by a spouse, or a parent, or other household
24 member under certain circumstances, and has applied for or
25 received protection under the federal Violence Against Women
26 Act of 1994, Pub. L. No. 103-322, if the need for benefits is
27 related to the abuse and the batterer no longer lives in the
28 household. A "nonqualified noncitizen" is a nonimmigrant
29 noncitizen alien, including a tourist, business visitor,
30 foreign student, exchange visitor, temporary worker, or
31 diplomat. In addition, a "nonqualified noncitizen" includes an
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1 individual paroled into the United States for less than 1
2 year. A qualified noncitizen who is otherwise eligible may
3 receive temporary cash assistance to the extent permitted by
4 federal law. The income or resources of a sponsor and the
5 sponsor's spouse shall be included in determining eligibility
6 to the maximum extent permitted by federal law.
7 (a) A child who is a qualified noncitizen or who was
8 born in the United States to an illegal or ineligible
9 noncitizen alien is eligible for temporary cash assistance
10 under this chapter if the family meets all eligibility
11 requirements.
12 (b) If the parent may legally work in this country,
13 the parent must participate in the work activity requirements
14 provided in s. 445.024 s. 414.065, to the extent permitted
15 under federal law.
16 (c) The department shall participate in the Systematic
17 Alien Verification for Entitlements Program (SAVE) established
18 by the United States Immigration and Naturalization Service in
19 order to verify the validity of documents provided by
20 noncitizens aliens and to verify a noncitizen's an alien's
21 eligibility.
22 (d) The income of an illegal noncitizen alien or
23 ineligible noncitizen who is a mandatory member of a family
24 alien, less a pro rata share for the illegal noncitizen alien
25 or ineligible noncitizen alien, counts in determining a
26 family's eligibility to participate in the program.
27 (e) The entire assets of an ineligible noncitizen
28 alien or a disqualified individual who is a mandatory member
29 of a family shall be included in determining the family's
30 eligibility.
31
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1 (4) STEPPARENTS.--A family that contains a stepparent
2 has the following special eligibility options if the family
3 meets all other eligibility requirements:
4 (a) A family that does not contain a mutual minor
5 child has the option to include or exclude a stepparent in
6 determining eligibility if the stepparent's monthly gross
7 income is less than 185 percent of the federal poverty level
8 for a two-person family.
9 1. If the stepparent chooses to be excluded from the
10 family, temporary cash assistance, without shelter expense,
11 shall be provided for the child. The parent of the child must
12 comply with work activity requirements as provided in s.
13 445.024 s. 414.065. Income and resources from the stepparent
14 may not be included in determining eligibility; however, any
15 income and resources from the parent of the child shall be
16 included in determining eligibility.
17 2. If a stepparent chooses to be included in the
18 family, the department shall determine eligibility using the
19 requirements for a nonstepparent family. A stepparent whose
20 income is equal to or greater than 185 percent of the federal
21 poverty level for a two-person family does not have the option
22 to be excluded from the family, and all income and resources
23 of the stepparent shall be included in determining the
24 family's eligibility.
25 (b) A family that contains a mutual minor child does
26 not have the option to exclude a stepparent from the family,
27 and the income and resources from the stepparent shall be
28 included in determining eligibility.
29 (c) A family that contains two stepparents, with or
30 without a mutual minor child, does not have the option to
31 exclude a stepparent from the family, and the income and
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1 resources from each stepparent must be included in determining
2 eligibility.
3 (5) CARETAKER RELATIVES.--A family that contains a
4 caretaker relative of a minor child has the option to include
5 or exclude the caretaker relative in determining eligibility.
6 If the caretaker relative chooses to be included in the
7 family, the caretaker relative must meet all eligibility
8 requirements, including resource and income requirements, and
9 must comply with work activity requirements as provided in s.
10 445.024 s. 414.065. If the caretaker relative chooses to be
11 excluded from the family, eligibility shall be determined for
12 the minor child based on the child's income and resources. The
13 level of temporary cash assistance for the minor child shall
14 be based on the shelter obligation paid to the caretaker
15 relative.
16 (6) PREGNANT WOMAN WITH NO OTHER CHILD.--Temporary
17 cash assistance for a pregnant woman is not available until
18 the last month of pregnancy. However, if the department
19 determines that a woman is restricted from work activities by
20 orders of a physician, temporary cash assistance shall be
21 available during the last trimester of pregnancy and the woman
22 may be required to attend parenting classes or other
23 activities to better prepare for the responsibilities of
24 raising a child.
25 (7) CHILD SUPPORT ENFORCEMENT.--As a condition of
26 eligibility for public assistance, the family must cooperate
27 with the state agency responsible for administering the child
28 support enforcement program in establishing the paternity of
29 the child, if the child is born out of wedlock, and in
30 obtaining support for the child or for the parent or caretaker
31 relative and the child. Cooperation is defined as:
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1 (a) Assisting in identifying and locating a
2 noncustodial parent and providing complete and accurate
3 information on that parent;
4 (b) Assisting in establishing paternity; and
5 (c) Assisting in establishing, modifying, or enforcing
6 a support order with respect to a child of a family member.
7
8 This subsection does not apply if the state agency that
9 administers the child support enforcement program determines
10 that the parent or caretaker relative has good cause for
11 failing to cooperate.
12 (8) ASSIGNMENT OF RIGHTS TO SUPPORT.--As a condition
13 of receiving temporary cash assistance, the family must assign
14 to the department any rights a member of a family may have to
15 support from any other person. This applies to any family
16 member; however, the assigned amounts must not exceed the
17 total amount of temporary cash assistance provided to the
18 family. The assignment of child support does not apply if the
19 family leaves the program.
20 (9) APPLICATIONS.--The date of application is the date
21 the department or authorized entity receives a signed and
22 dated request to participate in the temporary cash assistance
23 WAGES program. The request shall be denied 30 days after the
24 initial application if the applicant fails to respond to
25 scheduled appointments, including appointments with the state
26 agency responsible for administering the child support
27 enforcement program, and does not contact the department or
28 authorized entity regarding the application.
29 (a) The beginning date of eligibility for temporary
30 cash assistance is the date on which the application is
31
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1 approved or 30 days after the date of application, whichever
2 is earlier.
3 (b) The add date for a newborn child is the date of
4 the child's birth.
5 (c) The add date for all other individuals is the date
6 on which the client files a signed and dated request with
7 contacts the department to add request that the individual to
8 be included in the grant for temporary cash assistance.
9 (d) Medicaid coverage for a recipient of temporary
10 cash assistance begins on the first day of the first month of
11 eligibility for temporary cash assistance, and such coverage
12 shall include any eligibility required by federal law which is
13 prior to the month of application.
14 (10) PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An
15 applicant for temporary cash assistance or participant in the
16 WAGES Program has the following opportunities and obligations:
17 (a) To participate in establishing eligibility by
18 providing facts with respect to circumstances that affect
19 eligibility and by obtaining, or authorizing the department
20 and the Department of Labor and Employment Security to obtain,
21 documents or information from others in order to establish
22 eligibility.
23 (b) To have eligibility determined without
24 discrimination based on race, color, sex, age, marital status,
25 handicap, religion, national origin, or political beliefs.
26 (c) To be advised of any reduction or termination of
27 temporary cash assistance or food stamps.
28 (d) To provide correct and complete information about
29 the family's circumstances that relate to eligibility, at the
30 time of application and at subsequent intervals.
31
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1 (e) To keep the department and the Department of Labor
2 and Employment Security informed of any changes that could
3 affect eligibility.
4 (f) To use temporary cash assistance and food stamps
5 for the purpose for which the assistance is intended.
6 (g) To receive information regarding services
7 available from certified domestic violence centers or
8 organizations that provide counseling and supportive services
9 to individuals who are past or present victims of domestic
10 violence or who are at risk of domestic violence and, upon
11 request, to be referred to such organizations in a manner
12 which protects the individual's confidentiality.
13 (11) DETERMINATION OF LEVEL OF TEMPORARY CASH
14 ASSISTANCE.--Temporary cash assistance shall be based on a
15 standard determined by the Legislature, subject to
16 availability of funds. There shall be three assistance levels
17 for a family that contains a specified number of eligible
18 members, based on the following criteria:
19 (a) A family that does not have a shelter obligation.
20 (b) A family that has a shelter obligation greater
21 than zero but less than or equal to $50.
22 (c) A family that has a shelter obligation greater
23 than $50 or that is homeless.
24
25 The following chart depicts the levels of temporary cash
26 assistance for implementation purposes:
27
28 THREE-TIER SHELTER PAYMENT STANDARD
29
30
31
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1 Family Zero Shelter Greater than Zero Greater than $50
2 Size Obligation Less than or Shelter
3 Equal to $50 Obligation
4
5 1 $95 $153 $180
6 2 $158 $205 $241
7 3 $198 $258 $303
8 4 $254 $309 $364
9 5 $289 $362 $426
10 6 $346 $414 $487
11 7 $392 $467 $549
12 8 $438 $519 $610
13 9 $485 $570 $671
14 10 $534 $623 $733
15 11 $582 $676 $795
16 12 $630 $728 $857
17 13 $678 $781 $919
18
19 (12) DISREGARDS.--
20 (a) As an incentive to employment, the first $200 plus
21 one-half of the remainder of earned income shall be
22 disregarded. In order to be eligible for earned income to be
23 disregarded, the individual must be:
24 1. A current participant in the program; or
25 2. Eligible for participation in the program without
26 the earnings disregard.
27 (b) A child's earned income shall be disregarded if
28 the child is a family member, attends high school or the
29 equivalent, and is 19 years of age or younger.
30 (13) CALCULATION OF LEVELS OF TEMPORARY CASH
31 ASSISTANCE.--
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1 (a) Temporary cash assistance shall be calculated
2 based on average monthly gross family income, earned and
3 unearned, less any applicable disregards. The resulting
4 monthly net income amount shall be subtracted from the
5 applicable payment standard to determine the monthly amount of
6 temporary cash assistance.
7 (b) A deduction may not be allowed for child care
8 payments.
9 (14) METHODS OF PAYMENT OF TEMPORARY CASH
10 ASSISTANCE.--Temporary cash assistance may be paid as follows:
11 (a) Direct payment through state warrant, electronic
12 transfer of temporary cash assistance, or voucher.
13 (b) Payment to an alternative payee.
14 (c) Payment for subsidized employment.
15 (d) Pay-after-performance arrangements with public or
16 private not-for-profit agencies.
17 (15) PROHIBITIONS AND RESTRICTIONS.--
18 (a) A family without a minor child living in the home
19 is not eligible to receive temporary cash assistance or
20 services under this chapter. However, a pregnant woman is
21 eligible for temporary cash assistance in the ninth month of
22 pregnancy if all eligibility requirements are otherwise
23 satisfied.
24 (b) Temporary cash assistance, without shelter
25 expense, may be available for a teen parent who is a minor
26 child and for the child. Temporary cash assistance may not be
27 paid directly to the teen parent but must be paid, on behalf
28 of the teen parent and child, to an alternative payee who is
29 designated by the department. The alternative payee may not
30 use the temporary cash assistance for any purpose other than
31 paying for food, clothing, shelter, and medical care for the
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1 teen parent and child and for other necessities required to
2 enable the teen parent to attend school or a training program.
3 In order for the child of the teen parent and the teen parent
4 to be eligible for temporary cash assistance, the teen parent
5 must:
6 1. Attend school or an approved alternative training
7 program, unless the child is less than 12 weeks of age or the
8 teen parent has completed high school; and
9 2. Reside with a parent, legal guardian, or other
10 adult caretaker relative. The income and resources of the
11 parent shall be included in calculating the temporary cash
12 assistance available to the teen parent since the parent is
13 responsible for providing support and care for the child
14 living in the home.
15 3. Attend parenting and family classes that provide a
16 curriculum specified by the department or the Department of
17 Health, as available.
18 (c) The teen parent is not required to live with a
19 parent, legal guardian, or other adult caretaker relative if
20 the department determines that:
21 1. The teen parent has suffered or might suffer harm
22 in the home of the parent, legal guardian, or adult caretaker
23 relative.
24 2. The requirement is not in the best interest of the
25 teen parent or the child. If the department determines that it
26 is not in the best interest of the teen parent or child to
27 reside with a parent, legal guardian, or other adult caretaker
28 relative, the department shall provide or assist the teen
29 parent in finding a suitable home, a second-chance home, a
30 maternity home, or other appropriate adult-supervised
31 supportive living arrangement. Such living arrangement may
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1 include a shelter obligation in accordance with subsection
2 (11).
3
4 The department may not delay providing temporary cash
5 assistance to the teen parent through the alternative payee
6 designated by the department pending a determination as to
7 where the teen parent should live and sufficient time for the
8 move itself. A teen parent determined to need placement that
9 is unavailable shall continue to be eligible for temporary
10 cash assistance so long as the teen parent cooperates with the
11 department, the local WAGES coalition, and the Department of
12 Health. The teen parent shall be provided with counseling to
13 make the transition from independence to supervised living and
14 with a choice of living arrangements.
15 (d) Notwithstanding any law to the contrary, if a
16 parent or caretaker relative without good cause does not
17 cooperate with the state agency responsible for administering
18 the child support enforcement program in establishing,
19 modifying, or enforcing a support order with respect to a
20 child of a teen parent or other family member, or a child of a
21 family member who is in the care of an adult relative,
22 temporary cash assistance to the entire family shall be denied
23 until the state agency indicates that cooperation by the
24 parent or caretaker relative has been satisfactory. To the
25 extent permissible under federal law, a parent or caretaker
26 relative shall not be penalized for failure to cooperate with
27 paternity establishment or with the establishment,
28 modification, or enforcement of a support order when such
29 cooperation could subject an individual to a risk of domestic
30 violence. Such risk shall constitute good cause to the extent
31
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1 permitted by Title IV-D of the Social Security Act, as
2 amended, or other federal law.
3 (e) If a parent or caretaker relative does not assign
4 any rights a family member may have to support from any other
5 person as required by subsection (8), temporary cash
6 assistance to the entire family shall be denied until the
7 parent or caretaker relative assigns the rights to the
8 department.
9 (f) An individual who is convicted in federal or state
10 court of receiving benefits under this chapter, Title XIX, the
11 Food Stamp Act of 1977, or Title XVI (Supplemental Security
12 Income), in two or more states simultaneously may not receive
13 temporary cash assistance or services under this chapter for
14 10 years following the date of conviction.
15 (g) An individual is ineligible to receive temporary
16 cash assistance or services under this chapter during any
17 period when the individual is fleeing to avoid prosecution,
18 custody, or confinement after committing a crime, attempting
19 to commit a crime that is a felony under the laws of the place
20 from which the individual flees or a high misdemeanor in the
21 State of New Jersey, or violating a condition of probation or
22 parole imposed under federal or state law.
23 (h) The parent or other caretaker relative must report
24 to the department by the end of the 5-day period that begins
25 on the date it becomes clear to the parent or caretaker
26 relative that a minor child will be absent from the home for
27 30 or more consecutive days. A parent or caretaker relative
28 who fails to report this information to the department shall
29 be disqualified from receiving temporary cash assistance for
30 30 days for the first occurrence, 60 days for the second
31
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1 occurrence, and 90 days for the third or subsequent
2 occurrence.
3 (i) If the parents of a minor child live apart and
4 equally share custody and control of the child, a parent is
5 ineligible for temporary cash assistance unless the parent
6 clearly demonstrates to the department that the parent
7 provides primary day-to-day custody.
8 (j) The payee of the temporary cash assistance payment
9 is the caretaker relative with whom a minor child resides and
10 who assumes primary responsibility for the child's daily
11 supervision, care, and control, except in cases where a
12 protective payee is established.
13 (16) TRANSITIONAL BENEFITS AND SERVICES.--The
14 department shall develop procedures to ensure that families
15 leaving the temporary cash assistance program receive
16 transitional benefits and services that will assist the family
17 in moving toward self-sufficiency. At a minimum, such
18 procedures must include, but are not limited to, the
19 following:
20 (a) Each WAGES participant who is determined
21 ineligible for cash assistance for a reason other than a work
22 activity sanction shall be contacted by the case manager and
23 provided information about the availability of transitional
24 benefits and services. Such contact shall be attempted prior
25 to closure of the case management file.
26 (b) Each WAGES participant who is determined
27 ineligible for cash assistance due to noncompliance with the
28 work activity requirements shall be contacted and provided
29 information in accordance with s. 414.065(4).
30 (c) The department, in consultation with the WAGES
31 Program State Board of Directors, shall develop informational
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1 material, including posters and brochures, to better inform
2 families about the availability of transitional benefits and
3 services.
4 (d) The department shall review federal requirements
5 related to transitional Medicaid and shall, to the extent
6 permitted by federal law, develop procedures to maximize the
7 utilization of transitional Medicaid by families who leave the
8 temporary cash assistance program.
9 (16)(17) PREELIGIBILITY FRAUD SCREENING.--An applicant
10 who meets an error-prone profile, as determined by the
11 department, is subject to preeligibility fraud screening as a
12 means of reducing misspent funds and preventing fraud. The
13 department shall create an error-prone or fraud-prone case
14 profile within its public assistance information system and
15 shall screen each application for temporary cash assistance
16 the WAGES Program against the profile to identify cases that
17 have a potential for error or fraud. Each case so identified
18 shall be subjected to preeligibility fraud screening.
19 (17)(18) PROPORTIONAL REDUCTION.--If the Social
20 Services Estimating Conference forecasts an increase in the
21 temporary cash assistance caseload and there is insufficient
22 funding, a proportional reduction as determined by the
23 department shall be applied to the levels of temporary cash
24 assistance in subsection (11).
25 (18)(19) ADDITIONAL FUNDING.--When warranted by
26 economic circumstances, the department, in consultation with
27 the Social Services Estimating Conference, shall apply for
28 additional federal funding available from the Contingency Fund
29 for State Welfare Programs.
30 Section 41. Section 414.105, Florida Statutes, is
31 amended to read:
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1 414.105 Time limitations of temporary cash
2 assistance.--Unless otherwise expressly provided in this
3 chapter, an applicant or current participant shall receive
4 temporary cash assistance for episodes of not more than 24
5 cumulative months in any consecutive 60-month period that
6 begins with the first month of participation and for not more
7 than a lifetime cumulative total of 48 months as an adult,
8 unless otherwise provided by law.
9 (1) The time limitation for episodes of temporary cash
10 assistance may not exceed 36 cumulative months in any
11 consecutive 72-month period that begins with the first month
12 of participation and may not exceed a lifetime cumulative
13 total of 48 months of temporary cash assistance as an adult,
14 for cases in which the participant:
15 (a) Has received aid to families with dependent
16 children or temporary cash assistance for any 36 months of the
17 preceding 60 months; or
18 (b) Is a custodial parent under the age of 24 who:
19 1. Has not completed a high school education or its
20 equivalent; or
21 2. Had little or no work experience in the preceding
22 year.
23 (2) A participant who is not exempt from work activity
24 requirements may earn 1 month of eligibility for extended
25 temporary cash assistance, up to maximum of 12 additional
26 months, for each month in which the participant is fully
27 complying with the work activities of the WAGES Program
28 through subsidized or unsubsidized public or private sector
29 employment. The period for which extended temporary cash
30 assistance is granted shall be based upon compliance with
31 WAGES Program requirements beginning October 1, 1996.
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1 (3) A WAGES participant who is not exempt from work
2 activity requirements and who participates in a recommended
3 mental health or substance abuse treatment program may earn 1
4 month of eligibility for extended temporary cash assistance,
5 up to a maximum of 12 additional months, for each month in
6 which the individual fully complies with the requirements of
7 the treatment program. This treatment credit may be awarded
8 only upon the successful completion of the treatment program
9 and only once during the 48-month time limit.
10 (4) Notwithstanding the time limits previously
11 referenced in this section, a participant may be eligible for
12 a hardship extension. A participant may not receive temporary
13 cash assistance under this subsection, in combination with
14 other periods of temporary cash assistance for longer than a
15 lifetime limit of 48 months. Hardship extensions exemptions to
16 the time limitations of this chapter shall be limited to 20
17 percent of participants in all subsequent years, as determined
18 by the department and approved by the WAGES Program State
19 Board of Directors.
20 (a) For participants who have received 24 cumulative
21 months or 36 cumulative months of temporary cash assistance,
22 criteria for hardship extensions exemptions include:
23 1.(a) Diligent participation in activities, combined
24 with inability to obtain employment.
25 2.(b) Diligent participation in activities, combined
26 with extraordinary barriers to employment, including the
27 conditions which may result in an exemption to work
28 requirements.
29 3.(c) Significant barriers to employment, combined
30 with a need for additional time.
31
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1 4. Delay or interruption in an individual's
2 participation in the program as a result of the effects of
3 domestic violence. Hardship extensions granted under this
4 subsection shall not be subject to the percentage limitation
5 in this subsection.
6 5.(d) Diligent participation in activities and a need
7 by teen parents for an extension exemption in order to have 24
8 months of eligibility beyond receipt of the high school
9 diploma or equivalent.
10 (e) A recommendation of extension for a minor child of
11 a participating family that has reached the end of the
12 eligibility period for temporary cash assistance. The
13 recommendation must be the result of a review which determines
14 that the termination of the child's temporary cash assistance
15 would be likely to result in the child being placed into
16 emergency shelter or foster care. Temporary cash assistance
17 shall be provided through a protective payee. Staff of the
18 Children and Families Program Office of the department shall
19 conduct all assessments in each case in which it appears a
20 child may require continuation of temporary cash assistance
21 through a protective payee.
22
23 At the recommendation of the regional workforce board local
24 WAGES coalition, temporary cash assistance under a hardship
25 extension exemption for a participant who is eligible for work
26 activities and who is not working shall be reduced by 10
27 percent. Upon the employment of the participant, full benefits
28 shall be restored.
29 (b) The cumulative total of all hardship extensions
30 may not exceed 12 months, may include reduced benefits at the
31 option of the review panel, and shall, in combination with
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1 other periods of temporary cash assistance as an adult, total
2 no more than 48 months of temporary cash assistance, unless
3 otherwise provided by law. If an individual fails to comply
4 with program requirements during a hardship extension period,
5 the hardship extension shall be removed upon the participant
6 being given 10 days' notice to show good cause for failure to
7 comply.
8 (c) For participants who have received 48 cumulative
9 months of cash assistance, criteria for hardship extensions
10 include:
11 1. Supplemental Security Income or Social Security
12 Disability Insurance applicants who have pending claims at the
13 end of the 48-month period whose claims have been verified by
14 a physician licensed under chapter 458 or chapter 459. An
15 independent medical examination may be requested by the
16 regional workforce board to establish that the applicant is
17 unable to gain employment.
18 2. Victims of domestic violence who have been engaged
19 in an alternate work plan and despite best efforts are still
20 not work ready.
21 3. Those individuals who have pervasive and persistent
22 barriers to employment due to extensive educational and skills
23 training deficits which require remediation and educational
24 goals that require additional time for habilitation at the
25 time the individual reached the 48-month time limit.
26 Verification that the educational and skills training will
27 likely lead to self-sufficient employment must be provided by
28 a licensed occupational therapist or vocational rehabilitation
29 specialist.
30 4. The regional workforce board must review and
31 evaluate each hardship extension no later than 12 months after
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1 the extension has been granted to determine whether an
2 additional extension should be given. If an individual fails
3 to comply with program requirements during a hardship
4 extension, the hardship extension shall be removed upon the
5 participant being given 10 days' notice to show good cause for
6 failure to comply.
7 (3) In addition to the exemptions listed in subsection
8 (2), a victim of domestic violence may be granted a hardship
9 exemption if the effects of such domestic violence delay or
10 otherwise interrupt or adversely affect the individual's
11 participation in the program. Hardship exemptions granted
12 under this subsection shall not be subject to the percentage
13 limitations in subsection (2).
14 (5)(4) The department, in cooperation with Workforce
15 Florida, Inc., shall establish a procedure for reviewing and
16 approving hardship extensions exemptions, and the regional
17 workforce board local WAGES coalitions may assist in making
18 these determinations. The composition of any review panel must
19 generally reflect the racial, gender, and ethnic diversity of
20 the community as a whole. Members of a review panel shall
21 serve without compensation but are entitled to receive
22 reimbursement for per diem and travel expenses as provided in
23 s. 112.016.
24 (6) A minor child of a participating family that has
25 reached the end of the eligibility period for temporary cash
26 assistance may receive an extension if the department
27 determines that the termination of the child's temporary cash
28 assistance would be likely to result in the child being placed
29 into emergency shelter or foster care. Temporary cash
30 assistance shall be provided through a protective payee. Staff
31 of the Children and Families Program Office of the department
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1 shall conduct all assessments in each case in which it appears
2 a child may require continuation of temporary cash assistance
3 through a protective payee.
4 (5) The cumulative total of all hardship exemptions
5 may not exceed 12 months, may include reduced benefits at the
6 option of the community review panel, and shall, in
7 combination with other periods of temporary cash assistance as
8 an adult, total no more than 48 months of temporary cash
9 assistance. If an individual fails to comply with program
10 requirements during a hardship exemption period, the hardship
11 exemption shall be removed.
12 (7)(6) For individuals who have moved from another
13 state, and have legally resided in this state for less than 12
14 months, the time limitation for temporary cash assistance
15 shall be the shorter of the respective time limitations used
16 in the two states, and months in which temporary cash
17 assistance was received under a block grant program that
18 provided temporary assistance for needy families in any state
19 shall count towards the cumulative 48-month benefit limit for
20 temporary cash assistance.
21 (8)(7) For individuals subject to a time limitation
22 under the Family Transition Act of 1993, that time limitation
23 shall continue to apply. Months in which temporary cash
24 assistance was received through the family transition program
25 shall count towards the time limitations under this chapter.
26 (9)(8) Except when temporary cash assistance was
27 received through the family transition program, the
28 calculation of the time limitation for temporary cash
29 assistance shall begin with the first month of receipt of
30 temporary cash assistance after the effective date of this
31 act.
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1 (10)(9) Child-only cases are not subject to time
2 limitations, and temporary cash assistance received while an
3 individual is a minor child shall not count towards time
4 limitations.
5 (11)(10) An individual who receives benefits under the
6 Supplemental Security Income program or the Social Security
7 Disability Insurance program is not subject to time
8 limitations. An individual with an assigned 24-month or
9 36-month time limit who has applied for supplemental security
10 income (SSI) for disability, but has not yet received a
11 determination must be granted an extension of time limits
12 until the individual receives a final determination on the SSI
13 application. However, such individual shall continue to meet
14 all program requirements assigned to the participant based on
15 medical ability to comply. Such extension shall be within the
16 48-month lifetime limit unless otherwise provided by law.
17 Determination shall be considered final once all appeals have
18 been exhausted, benefits have been received, or denial has
19 been accepted without any appeal. Such individual must
20 continue to meet all program requirements assigned to the
21 participant based on medical ability to comply. Extensions of
22 48-month time limits shall be in accordance with paragraph
23 (4)(c) within the recipient's 48-month lifetime limit.
24 Hardship exemptions granted under this subsection shall not be
25 subject to the percentage limitations in subsection (2).
26 (12)(11) A person who is totally responsible for the
27 personal care of a disabled family member is not subject to
28 time limitations if the need for the care is verified and
29 alternative care is not available for the family member. The
30 department shall annually evaluate an individual's
31 qualifications for this exemption.
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1 (13)(12) A member of the WAGES Program staff of the
2 regional workforce board shall interview and assess the
3 employment prospects and barriers of each participant who is
4 within 6 months of reaching the 24-month time limit. The
5 staff member shall assist the participant in identifying
6 actions necessary to become employed prior to reaching the
7 benefit time limit for temporary cash assistance and, if
8 appropriate, shall refer the participant for services that
9 could facilitate employment.
10 Section 42. Section 414.157, Florida Statutes, is
11 amended to read:
12 414.157 Diversion program for victims of domestic
13 violence.--
14 (1) The diversion program for victims of domestic
15 violence is intended to provide services and one-time payments
16 to assist victims of domestic violence and their children in
17 making the transition to independence.
18 (2) Before finding an applicant family eligible for
19 the diversion program created under this section, a
20 determination must be made that:
21 (a) The applicant family includes a pregnant woman or
22 a parent with one or more minor children or a caretaker
23 relative with one or more minor children.
24 (b) The services or one-time payment provided are not
25 considered assistance under federal law or guidelines.
26 (3) Notwithstanding any provision to the contrary in
27 ss. 414.075, 414.085, and 414.095, a family meeting the
28 criteria of subsection (2) who is determined by the domestic
29 violence program to be in need of services or one-time payment
30 due to domestic violence shall be considered a needy family
31
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1 and is shall be deemed eligible under this section for
2 services through a certified domestic violence shelter.
3 (4) One-time payments provided under this section
4 shall not exceed $1,000 an amount recommended by the WAGES
5 Program State Board of Directors and adopted by the department
6 in rule.
7 (5) Receipt of services or a one-time payment under
8 this section does shall not preclude eligibility for, or
9 receipt of, other assistance or services under this chapter.
10 Section 43. Section 414.158, Florida Statutes, is
11 amended to read:
12 414.158 Diversion program to prevent or reduce child
13 abuse and neglect strengthen Florida's families.--
14 (1) The diversion program to prevent or reduce child
15 abuse and neglect strengthen Florida's families is intended to
16 provide services and one-time payments to assist families in
17 avoiding welfare dependency and to strengthen families so that
18 children can be cared for in their own homes or in the homes
19 of relatives and so that families can be self-sufficient.
20 (2) Before finding a family eligible for the diversion
21 program created under this section, a determination must be
22 made that:
23 (a) The family includes a pregnant woman or a parent
24 with one or more minor children or a caretaker relative with
25 one or more minor children.
26 (b) The family meets the criteria of a voluntary
27 assessment performed by Healthy Families Florida; the family
28 meets the criteria established by the department for
29 determining that one or more children in the family are at
30 risk of abuse, neglect, or threatened harm; or the family is
31
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1 homeless or living in a facility that provides shelter to
2 homeless families.
3 (c) The services or one-time payment provided are not
4 considered assistance under federal law or guidelines.
5 (3) Notwithstanding any provision to the contrary in
6 s. 414.075, s. 414.085, or s. 414.095, a family meeting the
7 requirements of subsection (2) shall be considered a needy
8 family and shall be deemed eligible under this section.
9 (4) The department, in consultation with Healthy
10 Families Florida, may establish additional requirements
11 related to services or one-time payments, and the department
12 is authorized to adopt rules relating to maximum amounts of
13 such one-time payments.
14 (5) Receipt of services or a one-time payment under
15 this section shall not preclude eligibility for, or receipt
16 of, other assistance or services under this chapter.
17 Section 44. Subsection (1) of section 414.35, Florida
18 Statutes, is amended to read:
19 414.35 Emergency relief.--
20 (1) The department shall, by October 1, 1978, adopt
21 rules for the administration of emergency assistance programs
22 delegated to the department either by executive order in
23 accordance with the Disaster Relief Act of 1974 or pursuant to
24 the Food Stamp Act of 1977.
25 Section 45. Subsection (1) of section 414.36, Florida
26 Statutes, is amended to read:
27 414.36 Public assistance overpayment recovery program;
28 contracts.--
29 (1) The department shall develop and implement a plan
30 for the statewide privatization of activities relating to the
31 recovery of public assistance overpayment claims. These
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1 activities shall include, at a minimum, voluntary cash
2 collections functions for recovery of fraudulent and
3 nonfraudulent benefits paid to recipients of temporary cash
4 assistance under the WAGES Program, food stamps, and aid to
5 families with dependent children.
6 Section 46. Subsection (10) of section 414.39, Florida
7 Statutes, is amended to read:
8 414.39 Fraud.--
9 (10) The department shall create an error-prone or
10 fraud-prone case profile within its public assistance
11 information system and shall screen each application for
12 public assistance, including food stamps, Medicaid, and
13 temporary cash assistance under the WAGES Program, against the
14 profile to identify cases that have a potential for error or
15 fraud. Each case so identified shall be subjected to
16 preeligibility fraud screening.
17 Section 47. Subsection (3) of section 414.41, Florida
18 Statutes, is amended to read:
19 414.41 Recovery of payments made due to mistake or
20 fraud.--
21 (3) The department, or its designee, shall enforce an
22 order of income deduction by the court against the liable
23 adult recipient or participant, including the head of a
24 family, for overpayment received as an adult under the
25 temporary cash assistance WAGES program, the AFDC program, the
26 food stamp program, or the Medicaid program.
27 Section 48. Section 414.55, Florida Statutes, is
28 amended to read:
29 414.55 Implementation of ss.
30 414.015-414.55.--Following the effective date of ss.
31 414.015-414.55:
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1 (1)(a) The Governor may delay implementation of ss.
2 414.015-414.55 in order to provide the department, the
3 Department of Labor and Employment Security, the Department of
4 Revenue, and the Department of Health with the time necessary
5 to prepare to implement new programs.
6 (b) The Governor may also delay implementation of
7 portions of ss. 414.015-414.55 in order to allow savings
8 resulting from the enactment of ss. 414.015-414.55 to pay for
9 provisions implemented later. If the Governor determines that
10 portions of ss. 414.015-414.55 should be delayed, the priority
11 in implementing ss. 414.015-414.55 shall be, in order of
12 priority:
13 1. Provisions that provide savings in the first year
14 of implementation.
15 2. Provisions necessary to the implementation of work
16 activity requirements, time limits, and sanctions.
17 3. Provisions related to removing marriage penalties
18 and expanding temporary cash assistance to stepparent and
19 two-parent families.
20 4. Provisions related to the reduction of teen
21 pregnancy and out-of-wedlock births.
22 5. Other provisions.
23 (2) The programs affected by ss. 414.015-414.55 shall
24 continue to operate under the provisions of law that would be
25 in effect in the absence of ss. 414.015-414.55, until such
26 time as the Governor informs the Speaker of the House of
27 Representatives and the President of the Senate of his or her
28 intention to implement provisions of ss. 414.015-414.55.
29 Notice of intent to implement ss. 414.015-414.55 shall be
30 given to the Speaker of the House of Representatives and the
31
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1 President of the Senate in writing and shall be delivered at
2 least 14 consecutive days prior to such action.
3 (3) Any changes to a program, activity, or function
4 taken pursuant to this section shall be considered a type two
5 transfer pursuant to the provisions of s. 20.06(2).
6 (4) In implementing ss. 414.015-414.55, The Governor
7 shall minimize the liability of the state by opting out of the
8 special provision related to community work, as described in
9 s. 402(a)(1)(B)(iv) of the Social Security Act, as amended by
10 Pub. L. No. 104-193. The department and Workforce Florida,
11 Inc., the Department of Labor and Employment Security shall
12 implement the community work program in accordance with s.
13 445.024 ss. 414.015-414.55.
14 Section 49. Section 414.70, Florida Statutes, is
15 amended to read:
16 414.70 Drug-testing and drug-screening program;
17 procedures.--
18 (1) DEMONSTRATION PROJECT.--The Department of Children
19 and Family Services, in consultation with the regional
20 workforce boards in service areas local WAGES coalitions 3 and
21 8, shall develop and, as soon as possible after January 1,
22 1999, implement a demonstration project in service areas WAGES
23 regions 3 and 8 to screen each applicant and test applicants
24 for temporary cash assistance provided under this chapter, who
25 the department has reasonable cause to believe, based on the
26 screening, engage in illegal use of controlled substances.
27 Unless reauthorized by the Legislature, this demonstration
28 project expires June 30, 2001. As used in this section act,
29 the term "applicant" means an individual who first applies for
30 temporary cash assistance or services under this chapter the
31 WAGES Program. Screening and testing for the illegal use of
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1 controlled substances is not required if the individual
2 reapplies during any continuous period in which the individual
3 receives assistance or services. However, an individual may
4 volunteer for drug testing and treatment if funding is
5 available.
6 (a) Applicants subject to the requirements of this
7 section include any parent or caretaker relative who is
8 included in the cash assistance group, including individuals
9 who may be exempt from work activity requirements due to the
10 age of the youngest child or who may be excepted from work
11 activity requirements under s. 414.065(4) s. 414.065(7).
12 (b) Applicants not subject to the requirements of this
13 section include applicants for food stamps or Medicaid who are
14 not applying for cash assistance, applicants who, if eligible,
15 would be exempt from the time limitation and work activity
16 requirements due to receipt of social security disability
17 income, and applicants who, if eligible, would be excluded
18 from the assistance group due to receipt of supplemental
19 security income.
20 (2) PROCEDURES.--Under the demonstration project, the
21 Department of Children and Family Services shall:
22 (a) Provide notice of drug screening and the potential
23 for possible drug testing to each applicant at the time of
24 application. The notice must advise the applicant that drug
25 screening and possibly drug testing will be conducted as a
26 condition for receiving temporary assistance or services under
27 this chapter, and shall specify the assistance or services
28 that are subject to this requirement. The notice must also
29 advise the applicant that a prospective employer may require
30 the applicant to submit to a preemployment drug test. The
31 applicant shall be advised that the required drug screening
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1 and possible drug testing may be avoided if the applicant does
2 not apply for or receive assistance or services. The
3 drug-screening and drug-testing program is not applicable in
4 child-only cases.
5 (b) Develop a procedure for drug screening and
6 conducting drug testing of applicants for temporary cash
7 assistance or services under the WAGES Program. For two-parent
8 families, both parents must comply with the drug screening and
9 testing requirements of this section.
10 (c) Provide a procedure to advise each person to be
11 tested, before the test is conducted, that he or she may, but
12 is not required to, advise the agent administering the test of
13 any prescription or over-the-counter medication he or she is
14 taking.
15 (d) Require each person to be tested to sign a written
16 acknowledgment that he or she has received and understood the
17 notice and advice provided under paragraphs (a) and (c).
18 (e) Provide a procedure to assure each person being
19 tested a reasonable degree of dignity while producing and
20 submitting a sample for drug testing, consistent with the
21 state's need to ensure the reliability of the sample.
22 (f) Specify circumstances under which a person who
23 fails a drug test has the right to take one or more additional
24 tests.
25 (g) Provide a procedure for appealing the results of a
26 drug test by a person who fails a test and for advising the
27 appellant that he or she may, but is not required to, advise
28 appropriate staff of any prescription or over-the-counter
29 medication he or she has been taking.
30
31
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1 (h) Notify each person who fails a drug test of the
2 local substance abuse treatment programs that may be available
3 to such person.
4 (3) CHILDREN.--
5 (a) If a parent is deemed ineligible for cash
6 assistance due to refusal to comply with the provisions of
7 this section, his or her dependent child's eligibility for
8 cash assistance is not affected. A parent who is ineligible
9 for cash assistance due to refusal or failure to comply with
10 the provisions of this section shall be subject to the work
11 activity requirements of s. 445.024 s. 414.065, and shall be
12 subject to the penalties under s. 414.065(1) s. 414.065(4)
13 upon failure to comply with such requirements.
14 (b) If a parent is deemed ineligible for cash
15 assistance due to the failure of a drug test, an appropriate
16 protective payee will be established for the benefit of the
17 child.
18 (c) If the parent refuses to cooperate in establishing
19 an appropriate protective payee for the child, the Department
20 of Children and Family Services will appoint one.
21 (4) TREATMENT.--
22 (a) Subject to the availability of funding, the
23 Department of Children and Family Services shall provide a
24 substance abuse treatment program for a person who fails a
25 drug test conducted under this section act and is eligible to
26 receive temporary cash assistance or services under this
27 chapter the WAGES Program. The department shall provide for a
28 retest at the end of the treatment period. Failure to pass the
29 retest will result in the termination of temporary cash
30 assistance or services provided under this chapter and of any
31 right to appeal the termination.
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1 (b) The Department of Children and Family Services
2 shall develop rules regarding the disclosure of information
3 concerning applicants who enter treatment, including the
4 requirement that applicants sign a consent to release
5 information to the Department of Children and Family Services
6 or the Department of Labor and Employment Security, as
7 necessary, as a condition of entering the treatment program.
8 (c) The Department of Children and Family Services may
9 develop rules for assessing the status of persons formerly
10 treated under this section act who reapply for assistance or
11 services under the WAGES act as well as the need for drug
12 testing as a part of the reapplication process.
13 (5) EVALUATIONS AND RECOMMENDATIONS.--
14 (a) The Department of Children and Family Services, in
15 conjunction with the regional workforce boards local WAGES
16 coalitions in service areas 3 and 8, shall conduct a
17 comprehensive evaluation of the demonstration projects
18 operated under this section act. By January 1, 2000, the
19 department, in conjunction with the local WAGES coalitions
20 involved, shall report to the WAGES Program State Board of
21 Directors and to the Legislature on the status of the initial
22 implementation of the demonstration projects and shall
23 specifically describe the problems encountered and the funds
24 expended during the first year of operation.
25 (b) By January 1, 2001, the department, in conjunction
26 with the regional workforce boards local WAGES coalitions
27 involved, shall provide a comprehensive evaluation to the
28 WAGES Program State Board of Directors and to the Legislature,
29 which must include:
30
31
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1 1. The impact of the drug-screening and drug-testing
2 program on employability, job placement, job retention, and
3 salary levels of program participants.
4 2. Recommendations, based in part on a cost and
5 benefit analysis, as to the feasibility of expanding the
6 program to other local WAGES service areas, including specific
7 recommendations for implementing such expansion of the
8 program.
9 (6) CONFLICTS.--In the event of a conflict between the
10 implementation procedures described in this program and
11 federal requirements and regulations, federal requirements and
12 regulations shall control.
13 Section 50. Sections 239.249, 288.9950, 288.9954,
14 288.9957, 288.9958, 288.9959, 414.015, 414.026, 414.0267,
15 414.027, 414.028, 414.029, 414.030, 414.055, 414.125, 414.25,
16 and 414.38, Florida Statutes, are repealed.
17 Section 51. Subsection (2) of section 14.2015, Florida
18 Statutes, is amended to read:
19 14.2015 Office of Tourism, Trade, and Economic
20 Development; creation; powers and duties.--
21 (2) The purpose of the Office of Tourism, Trade, and
22 Economic Development is to assist the Governor in working with
23 the Legislature, state agencies, business leaders, and
24 economic development professionals to formulate and implement
25 coherent and consistent policies and strategies designed to
26 provide economic opportunities for all Floridians. To
27 accomplish such purposes, the Office of Tourism, Trade, and
28 Economic Development shall:
29 (a) Contract, notwithstanding the provisions of part I
30 of chapter 287, with the direct-support organization created
31 under s. 288.1229 to guide, stimulate, and promote the sports
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1 industry in the state, to promote the participation of
2 Florida's citizens in amateur athletic competition, and to
3 promote Florida as a host for national and international
4 amateur athletic competitions.
5 (b) Monitor the activities of public-private
6 partnerships and state agencies in order to avoid duplication
7 and promote coordinated and consistent implementation of
8 programs in areas including, but not limited to, tourism;
9 international trade and investment; business recruitment,
10 creation, retention, and expansion; workforce development;
11 minority and small business development; and rural community
12 development. As part of its responsibilities under this
13 paragraph, the office shall work with Enterprise Florida,
14 Inc., and Workforce Florida, Inc., to ensure that, to the
15 maximum extent possible, there are direct linkages between the
16 economic development and workforce development goals and
17 strategies of the state.
18 (c) Facilitate the direct involvement of the Governor
19 and the Lieutenant Governor in economic development and
20 workforce development projects designed to create, expand, and
21 retain Florida businesses and to recruit worldwide business,
22 as well as in other job-creating efforts.
23 (d) Assist the Governor, in cooperation with
24 Enterprise Florida, Inc., Workforce Florida, Inc., and the
25 Florida Commission on Tourism, in preparing an annual report
26 to the Legislature on the state of the business climate in
27 Florida and on the state of economic development in Florida
28 which will include the identification of problems and the
29 recommendation of solutions. This report shall be submitted
30 to the President of the Senate, the Speaker of the House of
31 Representatives, the Senate Minority Leader, and the House
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1 Minority Leader by January 1 of each year, and it shall be in
2 addition to the Governor's message to the Legislature under
3 the State Constitution and any other economic reports required
4 by law.
5 (e) Plan and conduct at least one meeting per calendar
6 year of leaders in business, government, education, workforce
7 development, organized labor, and economic development called
8 by the Governor to address the business climate in the state,
9 develop a common vision for the economic future of the state,
10 and identify economic development efforts to fulfill that
11 vision.
12 (f)1. Administer the Florida Enterprise Zone Act under
13 ss. 290.001-290.016, the community contribution tax credit
14 program under ss. 220.183 and 624.5105, the tax refund program
15 for qualified target industry businesses under s. 288.106, the
16 tax-refund program for qualified defense contractors under s.
17 288.1045, contracts for transportation projects under s.
18 288.063, the sports franchise facility program under s.
19 288.1162, the professional golf hall of fame facility program
20 under s. 288.1168, the expedited permitting process under s.
21 403.973, the Rural Community Development Revolving Loan Fund
22 under s. 288.065, the Regional Rural Development Grants
23 Program under s. 288.018, the Certified Capital Company Act
24 under s. 288.99, the Florida State Rural Development Council,
25 the Rural Economic Development Initiative, and other programs
26 that are specifically assigned to the office by law, by the
27 appropriations process, or by the Governor. Notwithstanding
28 any other provisions of law, the office may expend interest
29 earned from the investment of program funds deposited in the
30 Economic Development Trust Fund, the Grants and Donations
31 Trust Fund, the Brownfield Property Ownership Clearance
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1 Assistance Revolving Loan Trust Fund, and the Economic
2 Development Transportation Trust Fund to contract for the
3 administration of the programs, or portions of the programs,
4 enumerated in this paragraph or assigned to the office by law,
5 by the appropriations process, or by the Governor. Such
6 expenditures shall be subject to review under chapter 216.
7 2. The office may enter into contracts in connection
8 with the fulfillment of its duties concerning the Florida
9 First Business Bond Pool under chapter 159, tax incentives
10 under chapters 212 and 220, tax incentives under the Certified
11 Capital Company Act in chapter 288, foreign offices under
12 chapter 288, the Enterprise Zone program under chapter 290,
13 the Seaport Employment Training program under chapter 311, the
14 Florida Professional Sports Team License Plates under chapter
15 320, Spaceport Florida under chapter 331, Expedited Permitting
16 under chapter 403, and in carrying out other functions that
17 are specifically assigned to the office by law, by the
18 appropriations process, or by the Governor.
19 (g) Serve as contract administrator for the state with
20 respect to contracts with Enterprise Florida, Inc., the
21 Florida Commission on Tourism, and all direct-support
22 organizations under this act, excluding those relating to
23 tourism. To accomplish the provisions of this act and
24 applicable provisions of chapter 288, and notwithstanding the
25 provisions of part I of chapter 287, the office shall enter
26 into specific contracts with Enterprise Florida, Inc., the
27 Florida Commission on Tourism, and other appropriate
28 direct-support organizations. Such contracts may be multiyear
29 and shall include specific performance measures for each year.
30 (h) Provide administrative oversight for the Office of
31 the Film Commissioner, created under s. 288.1251, to develop,
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1 promote, and provide services to the state's entertainment
2 industry and to administratively house the Florida Film
3 Advisory Council created under s. 288.1252.
4 (i) Prepare and submit as a separate budget entity a
5 unified budget request for tourism, trade, and economic
6 development in accordance with chapter 216 for, and in
7 conjunction with, Enterprise Florida, Inc., and its boards,
8 the Florida Commission on Tourism and its direct-support
9 organization, the Florida Black Business Investment Board, the
10 Office of the Film Commissioner, and the direct-support
11 organization created to promote the sports industry.
12 (j) Adopt rules, as necessary, to carry out its
13 functions in connection with the administration of the
14 Qualified Target Industry program, the Qualified Defense
15 Contractor program, the Certified Capital Company Act, the
16 Enterprise Zone program, and the Florida First Business Bond
17 pool.
18 Section 52. Effective October 1, 2000, subsections (4)
19 and (5) of section 20.171, Florida Statutes, are amended to
20 read:
21 20.171 Department of Labor and Employment
22 Security.--There is created a Department of Labor and
23 Employment Security. The department shall operate its programs
24 in a decentralized fashion.
25 (4)(a) The Assistant Secretary for Programs and
26 Operations must possess a broad knowledge of the
27 administrative, financial, and technical aspects of the
28 divisions within the department.
29 (b) The assistant secretary is responsible for
30 developing, monitoring, and enforcing policy and managing
31 major technical programs and supervising the Bureau of Appeals
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1 of the Division of Unemployment Compensation. The
2 responsibilities and duties of the position include, but are
3 not limited to, the following functional areas:
4 1. Workers' compensation management and policy
5 implementation.
6 2. Jobs and benefits management and policy
7 information.
8 2.3. Unemployment compensation management and policy
9 implementation.
10 3.4. Blind services management and policy
11 implementation.
12 4.5. Oversight of the five field offices and any local
13 offices.
14 (5) The following divisions are established and shall
15 be headed by division directors who shall be supervised by and
16 shall be responsible to the Assistant Secretary for Programs
17 and Operations:
18 (a) Division of Workforce and Employment
19 Opportunities.
20 (a)(b) Division of Unemployment Compensation.
21 (b)(c) Division of Workers' Compensation.
22 (c)(d) Division of Blind Services.
23 (d)(e) Division of Safety, which is repealed July 1,
24 2000.
25 (e)(f) Division of Vocational Rehabilitation.
26 Section 53. Section 20.50, Florida Statutes, is
27 created to read:
28 20.50 Agency for Workforce Innovation.--There is
29 created the Agency for Workforce Innovation within the
30 Department of Management Services. The agency shall be a
31 separate budget entity, and the director of the agency shall
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1 be the agency head for all purposes. The agency shall not be
2 subject to control, supervision, or direction by the
3 Department of Management Services in any manner, including,
4 but not limited to, personnel, purchasing, transactions
5 involving real or personal property, and budgetary matters.
6 (1) The Agency for Workforce Innovation shall ensure
7 that the state appropriately administers federal and state
8 workforce funding by administering plans and policies of
9 Workforce Florida, Inc., under contract with Workforce
10 Florida, Inc. The operating budget and mid-year amendments
11 thereto must be part of such contract.
12 (a) All program and fiscal instructions to regional
13 workforce boards shall emanate from the agency pursuant to
14 plans and policies of Workforce Florida, Inc. Workforce
15 Florida, Inc., shall be responsible for all policy directions
16 to the regional boards.
17 (b) Unless otherwise provided by agreement with
18 Workforce Florida, Inc., administrative and personnel policies
19 of the Agency for Workforce Innovation shall apply.
20 (2) The Agency for Workforce Innovation shall be the
21 designated administrative agency for receipt of federal
22 workforce development grants and other federal funds, and
23 shall carry out the duties and responsibilities assigned by
24 the Governor under each federal grant assigned to the agency.
25 The agency shall be a separate budget entity and shall expend
26 each revenue source as provided by federal and state law and
27 as provided in plans developed by and agreements with
28 Workforce Florida, Inc. The agency shall prepare and submit as
29 a separate budget entity a unified budget request for
30 workforce development, in accordance with chapter 216 for, and
31 in conjunction with, Workforce Florida, Inc., and its board.
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1 The head of the agency is the Director of Workforce
2 Innovation, who shall be appointed by the Governor. The agency
3 shall be organized as follows:
4 (a) The Office of One-Stop Workforce Services shall
5 administer the state merit system staff who provide services
6 in the one-stop delivery system, pursuant to policies of
7 Workforce Florida, Inc. The office shall be directed by the
8 Deputy Director for One-Stop Workforce Services, who shall be
9 appointed by and serve at the pleasure of the director.
10 (b) The Office of Workforce Support Services shall be
11 responsible for ensuring provisions for Temporary Assistance
12 for Needy Families and welfare transition programs in federal
13 laws and regulations and chapters 414 and 445 are implemented.
14 The office shall ensure participants in these programs receive
15 case management services, and support services, such as
16 subsidized child care, health care coverage, diversion, and
17 relocation assistance, to enable them to succeed in the
18 workforce, as delineated in their case plans. The office
19 shall be directed by the Deputy Director for Workforce Support
20 Services, who shall be appointed by and serve at the pleasure
21 of the director.
22 (c) The Office of Workforce Investment and
23 Accountability shall be responsible for procurement,
24 contracting, financial management, accounting, audits, and
25 verification. The office shall be directed by the Deputy
26 Director for Workforce Investment and Accountability, who
27 shall be appointed by and serve at the pleasure of the
28 director. The office shall be responsible for:
29 1. Establishing standards and controls for reporting
30 budgeting, expenditure, and performance information for
31 assessing outcomes, service delivery, and financial
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1 administration of workforce programs pursuant to ss.
2 445.004(5) and 445.004(9).
3 2. Establishing monitoring, quality assurance, and
4 quality improvement systems that routinely assess the quality
5 and effectiveness of contracted programs and services.
6 3. Annual review of each regional workforce board and
7 administrative entity to ensure adequate systems of reporting
8 and control are in place, and monitoring, quality assurance,
9 and quality improvement activities are conducted routinely,
10 and corrective action is taken to eliminate deficiencies.
11 (d) The Office of Workforce Information Services shall
12 deliver information on labor markets, employment, occupations,
13 and performance, and shall implement and maintain information
14 systems that are required for the effective operation of the
15 one-stop delivery system, including, but not limited to, those
16 systems described in s. 445.009. The office will be under the
17 direction of the Deputy Director for Workforce Information
18 Services, who shall be appointed by and serve at the pleasure
19 of the director. The office shall be responsible for
20 establishing:
21 1. Information systems and controls that report
22 reliable, timely and accurate fiscal and performance data for
23 assessing outcomes, service delivery, and financial
24 administration of workforce programs pursuant to ss.
25 445.004(5) and 445.004(9).
26 2. Information systems that support service
27 integration and case management by providing for case tracking
28 for participants in welfare transition programs.
29 (3) The Agency for Workforce Innovation shall serve as
30 the designated agency for purposes of each federal workforce
31 development grant assigned to it for administration. The
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1 agency shall carry out the duties assigned to it by the
2 Governor, under the terms and conditions of each grant. The
3 agency shall have the level of authority and autonomy
4 necessary to be the designated recipient of each federal grant
5 assigned to it, and shall disperse such grants pursuant to the
6 plans and policies of Workforce Florida, Inc. The director
7 may, upon delegation from the Governor and pursuant to
8 agreement with Workforce Florida, Inc., sign contracts,
9 grants, and other instruments as necessary to execute
10 functions assigned to the agency. The assignment of powers and
11 duties to the agency does not limit the authority and
12 responsibilities of the Secretary of Management Services as
13 provided in paragraph (1)(a). Notwithstanding other provisions
14 of law, the following federal grants and other funds are
15 assigned for administration to the Agency for Workforce
16 Innovation:
17 (a) Programs authorized under Title I of the Workforce
18 Investment Act of 1998, Pub. L. No. 105-220, except for
19 programs funded directly by the United States Department of
20 Labor under Title I, s. 167.
21 (b) Programs authorized under the Wagner-Peyser Act of
22 1933, as amended, 29 U.S.C. ss. 49 et seq.
23 (c) Welfare-to-work grants administered by the United
24 States Department of Labor under Title IV, s. 403, of the
25 Social Security Act, as amended.
26 (d) Activities authorized under Title II of the Trade
27 Act of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the
28 Trade Adjustment Assistance Program.
29 (e) Activities authorized under chapter 41 of Title 38
30 U.S.C., including job counseling, training, and placement for
31 veterans.
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1 (f) Employment and training activities carried out
2 under the Community Services Block Grant Act, 42 U.S.C. ss.
3 9901 et seq.
4 (g) Employment and training activities carried out
5 under funds awarded to this state by the United States
6 Department of Housing and Urban Development.
7 (h) Designated state and local program expenditures
8 under part A of Title IV of the Social Security Act for
9 welfare transition workforce services associated with the
10 Temporary Assistance for Needy Families Program.
11 (i) Programs authorized under the National and
12 Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,
13 and the Service-America programs, the National Service Trust
14 programs, the Civilian Community Corps, the Corporation for
15 National and Community Service, the American Conservation and
16 Youth Service Corps, and the Points of Light Foundation
17 programs, if such programs are awarded to the state.
18 (j) Other programs funded by federal or state
19 appropriations, as determined by the Legislature in the
20 General Appropriations Act or by law.
21 (4) The Agency for Workforce Innovation shall provide
22 or contract for training for employees of administrative
23 entities and case managers of any contracted providers to
24 ensure they have the necessary competencies and skills to
25 provide adequate administrative oversight and delivery of the
26 full array of client services pursuant to s. 445.006(5)(f).
27 Training requirements include, but are not limited to:
28 (a) Minimum skills, knowledge, and abilities required
29 for each classification of program personnel utilized in the
30 regional workforce boards' service delivery plans.
31
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1 (b) Minimum requirements for development of a regional
2 workforce board supported personnel training plan to include
3 preservice and inservice components.
4 (c) Specifications or criteria under which any
5 regional workforce board may award bonus points or otherwise
6 give preference to competitive service provider applications
7 that provide minimum criteria for assuring competent case
8 management, including, but not limited to, maximum caseload
9 per case manager, current staff turnover rate, minimum
10 educational or work experience requirements, and a
11 differentiated compensation plan based on the competency
12 levels of personnel.
13 (d) Minimum skills, knowledge, and abilities required
14 for contract management, including budgeting, expenditure, and
15 performance information related to service delivery and
16 financial administration, monitoring, quality assurance and
17 improvement, and standards of conduct for employees of
18 regional workforce boards and administrative entities
19 specifically related to carrying out contracting
20 responsibilities.
21 Section 54. Paragraph (b) of subsection (5) of section
22 212.08, Florida Statutes, is amended to read:
23 212.08 Sales, rental, use, consumption, distribution,
24 and storage tax; specified exemptions.--The sale at retail,
25 the rental, the use, the consumption, the distribution, and
26 the storage to be used or consumed in this state of the
27 following are hereby specifically exempt from the tax imposed
28 by this chapter.
29 (5) EXEMPTIONS; ACCOUNT OF USE.--
30 (b) Machinery and equipment used to increase
31 productive output.--
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1 1. Industrial machinery and equipment purchased for
2 exclusive use by a new business in spaceport activities as
3 defined by s. 212.02 or for use in new businesses which
4 manufacture, process, compound, or produce for sale items of
5 tangible personal property at fixed locations are exempt from
6 the tax imposed by this chapter upon an affirmative showing by
7 the taxpayer to the satisfaction of the department that such
8 items are used in a new business in this state. Such purchases
9 must be made prior to the date the business first begins its
10 productive operations, and delivery of the purchased item must
11 be made within 12 months of that date.
12 2.a. Industrial machinery and equipment purchased for
13 exclusive use by an expanding facility which is engaged in
14 spaceport activities as defined by s. 212.02 or for use in
15 expanding manufacturing facilities or plant units which
16 manufacture, process, compound, or produce for sale items of
17 tangible personal property at fixed locations in this state
18 are exempt from any amount of tax imposed by this chapter in
19 excess of $50,000 per calendar year upon an affirmative
20 showing by the taxpayer to the satisfaction of the department
21 that such items are used to increase the productive output of
22 such expanded facility or business by not less than 10
23 percent.
24 b. Notwithstanding any other provision of this
25 section, industrial machinery and equipment purchased for use
26 in expanding printing manufacturing facilities or plant units
27 that manufacture, process, compound, or produce for sale items
28 of tangible personal property at fixed locations in this state
29 are exempt from any amount of tax imposed by this chapter upon
30 an affirmative showing by the taxpayer to the satisfaction of
31 the department that such items are used to increase the
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1 productive output of such an expanded business by not less
2 than 10 percent.
3 3.a. To receive an exemption provided by subparagraph
4 1. or subparagraph 2., a qualifying business entity shall
5 apply to the department for a temporary tax exemption permit.
6 The application shall state that a new business exemption or
7 expanded business exemption is being sought. Upon a tentative
8 affirmative determination by the department pursuant to
9 subparagraph 1. or subparagraph 2., the department shall issue
10 such permit.
11 b. The applicant shall be required to maintain all
12 necessary books and records to support the exemption. Upon
13 completion of purchases of qualified machinery and equipment
14 pursuant to subparagraph 1. or subparagraph 2., the temporary
15 tax permit shall be delivered to the department or returned to
16 the department by certified or registered mail.
17 c. If, in a subsequent audit conducted by the
18 department, it is determined that the machinery and equipment
19 purchased as exempt under subparagraph 1. or subparagraph 2.
20 did not meet the criteria mandated by this paragraph or if
21 commencement of production did not occur, the amount of taxes
22 exempted at the time of purchase shall immediately be due and
23 payable to the department by the business entity, together
24 with the appropriate interest and penalty, computed from the
25 date of purchase, in the manner prescribed by this chapter.
26 d. In the event a qualifying business entity fails to
27 apply for a temporary exemption permit or if the tentative
28 determination by the department required to obtain a temporary
29 exemption permit is negative, a qualifying business entity
30 shall receive the exemption provided in subparagraph 1. or
31 subparagraph 2. through a refund of previously paid taxes. No
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1 refund may be made for such taxes unless the criteria mandated
2 by subparagraph 1. or subparagraph 2. have been met and
3 commencement of production has occurred.
4 4. The department shall promulgate rules governing
5 applications for, issuance of, and the form of temporary tax
6 exemption permits; provisions for recapture of taxes; and the
7 manner and form of refund applications and may establish
8 guidelines as to the requisites for an affirmative showing of
9 increased productive output, commencement of production, and
10 qualification for exemption.
11 5. The exemptions provided in subparagraphs 1. and 2.
12 do not apply to machinery or equipment purchased or used by
13 electric utility companies, communications companies, oil or
14 gas exploration or production operations, publishing firms
15 that do not export at least 50 percent of their finished
16 product out of the state, any firm subject to regulation by
17 the Division of Hotels and Restaurants of the Department of
18 Business and Professional Regulation, or any firm which does
19 not manufacture, process, compound, or produce for sale items
20 of tangible personal property or which does not use such
21 machinery and equipment in spaceport activities as required by
22 this paragraph. The exemptions provided in subparagraphs 1.
23 and 2. shall apply to machinery and equipment purchased for
24 use in phosphate or other solid minerals severance, mining, or
25 processing operations only by way of a prospective credit
26 against taxes due under chapter 211 for taxes paid under this
27 chapter on such machinery and equipment.
28 6. For the purposes of the exemptions provided in
29 subparagraphs 1. and 2., these terms have the following
30 meanings:
31
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1 a. "Industrial machinery and equipment" means "section
2 38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the
3 Internal Revenue Code, provided "industrial machinery and
4 equipment" shall be construed by regulations adopted by the
5 Department of Revenue to mean tangible property used as an
6 integral part of spaceport activities or of the manufacturing,
7 processing, compounding, or producing for sale of items of
8 tangible personal property. Such term includes parts and
9 accessories only to the extent that the exemption thereof is
10 consistent with the provisions of this paragraph.
11 b. "Productive output" means the number of units
12 actually produced by a single plant or operation in a single
13 continuous 12-month period, irrespective of sales. Increases
14 in productive output shall be measured by the output for 12
15 continuous months immediately following the completion of
16 installation of such machinery or equipment over the output
17 for the 12 continuous months immediately preceding such
18 installation. However, if a different 12-month continuous
19 period of time would more accurately reflect the increase in
20 productive output of machinery and equipment purchased to
21 facilitate an expansion, the increase in productive output may
22 be measured during that 12-month continuous period of time if
23 such time period is mutually agreed upon by the Department of
24 Revenue and the expanding business prior to the commencement
25 of production; provided, however, in no case may such time
26 period begin later than 2 years following the completion of
27 installation of the new machinery and equipment. The units
28 used to measure productive output shall be physically
29 comparable between the two periods, irrespective of sales.
30 7. Notwithstanding any other provision in this
31 paragraph to the contrary, in order to receive the exemption
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1 provided in this paragraph a taxpayer must register with the
2 WAGES Program Business Registry established by the local WAGES
3 coalition for the area in which the taxpayer is located. Such
4 registration establishes a commitment on the part of the
5 taxpayer to hire WAGES program participants to the maximum
6 extent possible consistent with the nature of their business.
7 Section 55. Subsections (1) and (3) of section
8 212.096, Florida Statutes, are amended to read:
9 212.096 Sales, rental, storage, use tax; enterprise
10 zone jobs credit against sales tax.--
11 (1) For the purposes of the credit provided in this
12 section:
13 (a) "Eligible business" means any sole proprietorship,
14 firm, partnership, corporation, bank, savings association,
15 estate, trust, business trust, receiver, syndicate, or other
16 group or combination, or successor business, located in an
17 enterprise zone. An eligible business does not include any
18 business which has claimed the credit permitted under s.
19 220.181 for any new business employee first beginning
20 employment with the business after July 1, 1995.
21 (b) "Month" means either a calendar month or the time
22 period from any day of any month to the corresponding day of
23 the next succeeding month or, if there is no corresponding day
24 in the next succeeding month, the last day of the succeeding
25 month.
26 (c) "New employee" means a person residing in an
27 enterprise zone, a qualified Job Training Partnership Act
28 classroom training participant, or a welfare transition WAGES
29 program participant who begins employment with an eligible
30 business after July 1, 1995, and who has not been previously
31 employed within the preceding 12 months by the eligible
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1 business, or a successor eligible business, claiming the
2 credit allowed by this section.
3
4 A person shall be deemed to be employed if the person performs
5 duties in connection with the operations of the business on a
6 regular, full-time basis, provided the person is performing
7 such duties for an average of at least 36 hours per week each
8 month, or a part-time basis, provided the person is performing
9 such duties for an average of at least 20 hours per week each
10 month throughout the year. The person must be performing such
11 duties at a business site located in the enterprise zone.
12 (3) In order to claim this credit, an eligible
13 business must file under oath with the governing body or
14 enterprise zone development agency having jurisdiction over
15 the enterprise zone where the business is located, as
16 applicable, a statement which includes:
17 (a) For each new employee for whom this credit is
18 claimed, the employee's name and place of residence, including
19 the identifying number assigned pursuant to s. 290.0065 to the
20 enterprise zone in which the employee resides if the new
21 employee is a person residing in an enterprise zone, and, if
22 applicable, documentation that the employee is a qualified Job
23 Training Partnership Act classroom training participant or a
24 welfare transition WAGES program participant.
25 (b) If applicable, the name and address of each
26 permanent employee of the business, including, for each
27 employee who is a resident of an enterprise zone, the
28 identifying number assigned pursuant to s. 290.0065 to the
29 enterprise zone in which the employee resides.
30 (c) The name and address of the eligible business.
31
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1 (d) The starting salary or hourly wages paid to the
2 new employee.
3 (e) The identifying number assigned pursuant to s.
4 290.0065 to the enterprise zone in which the business is
5 located.
6 (f) Whether the business is a small business as
7 defined by s. 288.703(1).
8 (g) Within 10 working days after receipt of an
9 application, the governing body or enterprise zone development
10 agency shall review the application to determine if it
11 contains all the information required pursuant to this
12 subsection and meets the criteria set out in this section. The
13 governing body or agency shall certify all applications that
14 contain the information required pursuant to this subsection
15 and meet the criteria set out in this section as eligible to
16 receive a credit. If applicable, the governing body or agency
17 shall also certify if 20 percent of the employees of the
18 business are residents of an enterprise zone, excluding
19 temporary and part-time employees. The certification shall be
20 in writing, and a copy of the certification shall be
21 transmitted to the executive director of the Department of
22 Revenue. The business shall be responsible for forwarding a
23 certified application to the department within the time
24 specified in paragraph (h).
25 (h) All applications for a credit pursuant to this
26 section must be submitted to the department within 4 months
27 after the new employee is hired.
28 Section 56. Subsection (5) of section 212.097, Florida
29 Statutes, is amended to read:
30 212.097 Urban High-Crime Area Job Tax Credit
31 Program.--
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1 (5) For any new eligible business receiving a credit
2 pursuant to subsection (3), an additional $500 credit shall be
3 provided for any qualified employee who is a welfare
4 transition WAGES program participant pursuant to chapter 414.
5 For any existing eligible business receiving a credit pursuant
6 to subsection (4), an additional $500 credit shall be provided
7 for any qualified employee who is a welfare transition WAGES
8 program participant pursuant to chapter 414. Such employee
9 must be employed on the application date and have been
10 employed less than 1 year. This credit shall be in addition to
11 other credits pursuant to this section regardless of the
12 tier-level of the high-crime area. Appropriate documentation
13 concerning the eligibility of an employee for this credit must
14 be submitted as determined by the department.
15 Section 57. Subsection (5) of section 212.098, Florida
16 Statutes, is amended to read:
17 212.098 Rural Job Tax Credit Program.--
18 (5) For any new eligible business receiving a credit
19 pursuant to subsection (3), an additional $500 credit shall be
20 provided for any qualified employee who is a welfare
21 transition WAGES program participant pursuant to chapter 414.
22 For any existing eligible business receiving a credit pursuant
23 to subsection (4), an additional $500 credit shall be provided
24 for any qualified employee who is a welfare transition WAGES
25 program participant pursuant to chapter 414. Such employee
26 must be employed on the application date and have been
27 employed less than 1 year. This credit shall be in addition to
28 other credits pursuant to this section regardless of the
29 tier-level of the county. Appropriate documentation concerning
30 the eligibility of an employee for this credit must be
31 submitted as determined by the department.
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1 Section 58. Subsection (10) of section 216.136,
2 Florida Statutes, is amended to read:
3 216.136 Consensus estimating conferences; duties and
4 principals.--
5 (10) WORKFORCE ESTIMATING OCCUPATIONAL FORECASTING
6 CONFERENCE.--
7 (a) Duties.--
8 1. The Workforce Estimating Occupational Forecasting
9 Conference shall develop such official information on the
10 workforce development system planning process as it relates to
11 the personnel needs of current, new, and emerging industries
12 as the conference determines is needed by the state planning
13 and budgeting system. Such information, using quantitative
14 and qualitative research methods, must include at least:
15 short-term and long-term forecasts of employment demand for
16 high-skills/high-wage jobs by occupation and industry; entry
17 and average relative wage forecasts among those occupations;
18 and estimates of the supply of trained and qualified
19 individuals available or potentially available for employment
20 in those occupations, with special focus upon those
21 occupations and industries which require high skills and have
22 high entry wages and experienced wage levels. In the
23 development of workforce estimates, the conference shall use,
24 to the fullest extent possible, local occupational and
25 workforce forecasts and estimates.
26 2. The Workforce Estimating Conference shall review
27 data concerning the local and regional demands for short-term
28 and long-term employment in High-Skills/High-Wage Program
29 jobs, as well as other jobs, which data is generated through
30 surveys conducted as part of the state's Internet-based job
31 matching and labor market information system authorized under
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1 s. 445.011. The conference shall consider such data in
2 developing its forecasts for statewide employment demand,
3 including reviewing the local and regional data for common
4 trends and conditions among localities or regions which may
5 warrant inclusion of a particular occupation on the statewide
6 occupational forecasting list developed by the conference.
7 Based upon its review of such survey data, the conference
8 shall also make recommendations semiannually to Workforce
9 Florida, Inc., on additions or deletions to lists of locally
10 targeted occupations approved by Workforce Florida, Inc.
11 3. During each legislative session, and at other times
12 if necessary, the Workforce Estimating Conference shall meet
13 as the Workforce Impact Conference for the purpose of
14 determining the effects of legislation related to the state's
15 workforce and economic development efforts introduced prior to
16 and during such legislative session. In addition to the
17 designated principals of the impact conference, nonprincipal
18 participants of the impact conference shall include a
19 representative of the Florida Chamber of Commerce, a
20 representative of the American Federation of Labor and
21 Congress of Industrial Organizations, and other interested
22 parties. The impact conference shall use both quantitative and
23 qualitative research methods to determine the impact of
24 introduced legislation related to workforce and economic
25 development issues.
26 4. Notwithstanding subparagraph 3., the Workforce
27 Estimating Conference, for the purposes described in
28 subparagraph 1., shall meet no less than 2 times in a calendar
29 year. The first meeting shall be held in February and the
30 second meeting shall be held in August. Other meetings may be
31 scheduled as needed.
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1 (b) Principals.--The Commissioner of Education, the
2 Executive Office of the Governor, the director of the Office
3 of Tourism, Trade, and Economic Development, the director of
4 the Agency for Workforce Innovation Secretary of Labor, the
5 Chancellor of the State University System, the Executive
6 Director of the State Board of Community Colleges, the Chair
7 of the State Board of Nonpublic Career Education, the Chair of
8 the Workforce Florida, Inc., and the coordinator of the Office
9 of Economic and Demographic Research, or their designees, and
10 professional staff from the Senate and the House of
11 Representatives who have forecasting and substantive
12 expertise, are the principals of the Workforce Estimating
13 Occupational Forecasting Conference. In addition to the
14 designated principals of the conference, nonprincipal
15 participants of the conference shall include a representative
16 of the Florida Chamber of Commerce and other interested
17 parties. The principal representing the Executive Office of
18 the Governor Commissioner of Education, or the commissioner's
19 designee, shall preside over the sessions of the conference.
20 Section 59. Subsections (1) and (2) of section
21 220.181, Florida Statutes, are amended to read:
22 220.181 Enterprise zone jobs credit.--
23 (1)(a) Beginning July 1, 1995, there shall be allowed
24 a credit against the tax imposed by this chapter to any
25 business located in an enterprise zone which employs one or
26 more new employees. The credit shall be computed as follows:
27 1. Ten percent of the actual monthly wages paid in
28 this state to each new employee whose wages do not exceed
29 $1,500 a month. If no less than 20 percent of the employees of
30 the business are residents of an enterprise zone, excluding
31 temporary and part-time employees, the credit shall be
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1 computed as 15 percent of the actual monthly wages paid in
2 this state to each new employee, for a period of up to 12
3 consecutive months;
4 2. Five percent of the first $1,500 of actual monthly
5 wages paid in this state for each new employee whose wages
6 exceed $1,500 a month; or
7 3. Fifteen percent of the first $1,500 of actual
8 monthly wages paid in this state for each new employee who is
9 a welfare transition WAGES program participant pursuant to
10 chapter 414.
11 (b) This credit applies only with respect to wages
12 subject to unemployment tax and does not apply for any new
13 employee who is employed for any period less than 3 full
14 months.
15 (c) If this credit is not fully used in any one year,
16 the unused amount may be carried forward for a period not to
17 exceed 5 years. The carryover credit may be used in a
18 subsequent year when the tax imposed by this chapter for such
19 year exceeds the credit for such year after applying the other
20 credits and unused credit carryovers in the order provided in
21 s. 220.02(10).
22 (2) When filing for an enterprise zone jobs credit, a
23 business must file under oath with the governing body or
24 enterprise zone development agency having jurisdiction over
25 the enterprise zone where the business is located, as
26 applicable, a statement which includes:
27 (a) For each new employee for whom this credit is
28 claimed, the employee's name and place of residence during the
29 taxable year, including the identifying number assigned
30 pursuant to s. 290.0065 to the enterprise zone in which the
31 new employee resides if the new employee is a person residing
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1 in an enterprise zone, and, if applicable, documentation that
2 the employee is a qualified Job Training Partnership Act
3 classroom training participant or a welfare transition WAGES
4 program participant.
5 (b) If applicable, the name and address of each
6 permanent employee of the business, including, for each
7 employee who is a resident of an enterprise zone, the
8 identifying number assigned pursuant to s. 290.0065 to the
9 enterprise zone in which the employee resides.
10 (c) The name and address of the business.
11 (d) The identifying number assigned pursuant to s.
12 290.0065 to the enterprise zone in which the eligible business
13 is located.
14 (e) The salary or hourly wages paid to each new
15 employee claimed.
16 (f) Whether the business is a small business as
17 defined by s. 288.703(1).
18 Section 60. Subsection (2) and paragraph (k) of
19 subsection (3) of section 230.2305, Florida Statutes, are
20 amended to read:
21 230.2305 Prekindergarten early intervention program.--
22 (2) ELIGIBILITY.--There is hereby created the
23 prekindergarten early intervention program for children who
24 are 3 and 4 years of age. A prekindergarten early
25 intervention program shall be administered by a district
26 school board and shall receive state funds pursuant to
27 subsection (6). Each public school district shall make
28 reasonable efforts to accommodate the needs of children for
29 extended day and extended year services without compromising
30 the quality of the 6-hour, 180-day program. The school
31 district shall report on such efforts. School district
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1 participation in the prekindergarten early intervention
2 program shall be at the discretion of each school district.
3 (a) At least 75 percent of the children projected to
4 be served by the district program shall be economically
5 disadvantaged 4-year-old children of working parents,
6 including migrant children or children whose parents
7 participate in the welfare transition WAGES program. Other
8 children projected to be served by the district program may
9 include any of the following up to a maximum of 25 percent of
10 the total number of children served:
11 1. Three-year-old and four-year-old children who are
12 referred to the school system who may not be economically
13 disadvantaged but who are abused, prenatally exposed to
14 alcohol or harmful drugs, or from foster homes, or who are
15 marginal in terms of Exceptional Student Education placement.
16 2. Three-year-old children and four-year-old children
17 who may not be economically disadvantaged but who are eligible
18 students with disabilities and served in an exceptional
19 student education program with required special services,
20 aids, or equipment and who are reported for partial funding in
21 the K-12 Florida Education Finance Program. These students
22 may be funded from prekindergarten early intervention program
23 funds the portion of the time not funded by the K-12 Florida
24 Education Finance Program for the actual instructional time or
25 one full-time equivalent student membership, whichever is the
26 lesser. These students with disabilities shall be counted
27 toward the 25-percent student limit based on full-time
28 equivalent student membership funded part-time by
29 prekindergarten early intervention program funds. Also,
30 3-year-old or 4-year-old eligible students with disabilities
31 who are reported for funding in the K-12 Florida Education
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1 Finance Program in an exceptional student education program as
2 provided in s. 236.081(1)(c) may be mainstreamed in the
3 prekindergarten early intervention program if such programming
4 is reflected in the student's individual educational plan; if
5 required special services, aids, or equipment are provided;
6 and if there is no operational cost to prekindergarten early
7 intervention program funds. Exceptional education students
8 who are reported for maximum K-12 Florida Education Finance
9 Program funding and who are not reported for early
10 intervention funding shall not count against the 75-percent or
11 25-percent student limit as stated in this paragraph.
12 3. Economically disadvantaged 3-year-old children.
13 4. Economically disadvantaged children, children with
14 disabilities, and children at risk of future school failure,
15 from birth to age four, who are served at home through home
16 visitor programs and intensive parent education programs such
17 as the Florida First Start Program.
18 5. Children who meet federal and state requirements
19 for eligibility for the migrant preschool program but who do
20 not meet the criteria of "economically disadvantaged" as
21 defined in paragraph (b), who shall not pay a fee.
22 6. After the groups listed in subparagraphs 1., 2.,
23 3., and 4. have been served, 3-year-old and 4-year-old
24 children who are not economically disadvantaged and for whom a
25 fee is paid for the children's participation.
26 (b) An "economically disadvantaged" child shall be
27 defined as a child eligible to participate in the free lunch
28 program. Notwithstanding any change in a family's economic
29 status or in the federal eligibility requirements for free
30 lunch, a child who meets the eligibility requirements upon
31 initial registration for the program shall be considered
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1 eligible until the child reaches kindergarten age. In order
2 to assist the school district in establishing the priority in
3 which children shall be served, and to increase the efficiency
4 in the provision of child care services in each district, the
5 district shall enter into a written collaborative agreement
6 with other publicly funded early education and child care
7 programs within the district. Such agreement shall be
8 facilitated by the interagency coordinating council and shall
9 set forth, among other provisions, the measures to be
10 undertaken to ensure the programs' achievement and compliance
11 with the performance standards established in subsection (3)
12 and for maximizing the public resources available to each
13 program. In addition, the central agency for state-subsidized
14 child care or the local service district of the Department of
15 Children and Family Services shall provide the school district
16 with an updated list of 3-year-old and 4-year-old children
17 residing in the school district who are on the waiting list
18 for state-subsidized child care.
19 (3) STANDARDS.--
20 (k) The school district must coordinate with the
21 central agency for state-subsidized child care or the local
22 service district of the Department of Children and Family
23 Services to verify family participation in the welfare
24 transition WAGES program, thus ensuring accurate reporting and
25 full utilization of federal funds available through the Family
26 Support Act, and for the agency's or service district's
27 sharing of the waiting list for state-subsidized child care
28 under paragraph (a).
29 Section 61. Subsections (4) and (5) of section 232.17,
30 Florida Statutes, are amended to read:
31
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1 232.17 Enforcement of school attendance.--The
2 Legislature finds that poor academic performance is associated
3 with nonattendance and that schools must take an active role
4 in enforcing attendance as a means of improving the
5 performance of many students. It is the policy of the state
6 that the superintendent of each school district be responsible
7 for enforcing school attendance of all children and youth
8 subject to the compulsory school age in the school district.
9 The responsibility includes recommending to the school board
10 policies and procedures to ensure that schools respond in a
11 timely manner to every unexcused absence, or absence for which
12 the reason is unknown, of students enrolled in the schools.
13 School board policies must require each parent or guardian of
14 a student to justify each absence of the student, and that
15 justification will be evaluated based on adopted school board
16 policies that define excused and unexcused absences. The
17 policies must provide that schools track excused and unexcused
18 absences and contact the home in the case of an unexcused
19 absence from school, or an absence from school for which the
20 reason is unknown, to prevent the development of patterns of
21 nonattendance. The Legislature finds that early intervention
22 in school attendance matters is the most effective way of
23 producing good attendance habits that will lead to improved
24 student learning and achievement. Each public school shall
25 implement the following steps to enforce regular school
26 attendance:
27 (4) REPORT TO THE DEPARTMENT OF LABOR AND EMPLOYMENT
28 SECURITY DIVISION OF JOBS AND BENEFITS.--A designated school
29 representative shall report to the Division of Jobs and
30 Benefits of the Department of Labor and Employment Security or
31 to any person acting in similar capacity who may be designated
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1 by law to receive such notices, all violations of the Child
2 Labor Law that may come to his or her knowledge.
3 (5) RIGHT TO INSPECT.--A designated school
4 representative shall have the same right of access to, and
5 inspection of, establishments where minors may be employed or
6 detained as is given by law to the Department of Labor and
7 Employment Security Division of Jobs and Benefits only for the
8 purpose of ascertaining whether children of compulsory school
9 age are actually employed there and are actually working there
10 regularly. The designated school representative shall, if he
11 or she finds unsatisfactory working conditions or violations
12 of the Child Labor Law, report his or her findings to the
13 Department of Labor and Employment Security Division of Jobs
14 and Benefits or its agents.
15 Section 62. Paragraph (g) of subsection (1) of section
16 234.01, Florida Statutes, is amended to read:
17 234.01 Purpose; transportation; when provided.--
18 (1) School boards, after considering recommendations
19 of the superintendent:
20 (g) May provide transportation for welfare transition
21 WAGES program participants as defined in s. 414.0252.
22 Section 63. Paragraph (b) of subsection (1) of section
23 234.211, Florida Statutes, is amended to read:
24 234.211 Use of school buses for public purposes.--
25 (1)
26 (b) Each school district may enter into agreements
27 with regional workforce boards local WAGES coalitions for the
28 provision of transportation services to WAGES program
29 participants in the welfare transition program as defined in
30 s. 414.0252. Agreements must provide for reimbursement in full
31 or in part for the proportionate share of fixed and operating
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1 costs incurred by the school district attributable to the use
2 of buses in accordance with the agreement.
3 Section 64. Subsection (15) of section 239.105,
4 Florida Statutes, is amended to read:
5 239.105 Definitions.--As used in this chapter, the
6 term:
7 (15) "Degree vocational education program" means a
8 course of study that leads to an associate in applied science
9 degree or an associate in science degree. A degree vocational
10 education program may contain within it one or more
11 occupational completion points and may lead to certificates or
12 diplomas within the course of study. The term is
13 interchangeable with the term "degree career education
14 program." For licensure purposes, the term "associate in
15 science degree" is interchangeable with "associate in applied
16 science degree."
17 Section 65. Paragraph (c) of subsection (4) and
18 subsections (7) and (9) of section 239.115, Florida Statutes,
19 are amended to read:
20 239.115 Funds for operation of adult general education
21 and vocational education programs.--
22 (4) The Florida Workforce Development Education Fund
23 is created to provide performance-based funding for all
24 workforce development programs, whether the programs are
25 offered by a school district or a community college. Funding
26 for all workforce development education programs must be from
27 the Workforce Development Education Fund and must be based on
28 cost categories, performance output measures, and performance
29 outcome measures. This subsection takes effect July 1, 1999.
30 (c) The performance outcome measures for programs
31 funded through the Workforce Development Education Fund are
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1 associated with placement and retention of students after
2 reaching a completion point or completing a program of study.
3 These measures include placement or retention in employment
4 that is related to the program of study; placement into or
5 retention in employment in an occupation on the Workforce
6 Estimating Occupational Forecasting Conference list of
7 high-wage, high-skill occupations with sufficient openings, or
8 other High Wage/High Skill Program occupations as determined
9 by Workforce Florida, Inc.; and placement and retention of
10 participants WAGES clients or former participants in the
11 welfare transition program WAGES clients in employment.
12 Continuing postsecondary education at a level that will
13 further enhance employment is a performance outcome for adult
14 general education programs. Placement and retention must be
15 reported pursuant to ss. 229.8075 and 239.233.
16 (7)(a) Beginning in fiscal year 1999-2000, a school
17 district or a community college that provides workforce
18 development education funded through the Workforce Development
19 Education Fund shall receive funds in accordance with
20 distributions for base and performance funding established by
21 the Legislature in the General Appropriations Act, pursuant to
22 the following conditions:
23 1.(a) Base funding shall not exceed 85 percent of the
24 current fiscal year total Workforce Development Education Fund
25 allocation, which shall be distributed by the Legislature in
26 the General Appropriations Act based on a maximum of 85
27 percent of the institution's prior year total allocation from
28 base and performance funds.
29 2.(b) Performance funding shall be at least 15 percent
30 of the current fiscal year total Workforce Development
31 Education Fund allocation, which shall be distributed by the
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1 Legislature in the General Appropriations Act based on the
2 previous fiscal year's achievement of output and outcomes in
3 accordance with formulas adopted pursuant to subsection (9).
4 Performance funding must incorporate payments for at least
5 three levels of placements that reflect wages and workforce
6 demand. Payments for completions must not exceed 60 percent of
7 the payments for placement. For fiscal year 1999-2000, school
8 districts and community colleges shall be awarded funds
9 pursuant to this paragraph based on performance output data
10 generated for fiscal year 1998-1999 and performance outcome
11 data available in that year.
12 3.(c) If a local educational agency achieves a level
13 of performance sufficient to generate a full allocation as
14 authorized by the workforce development funding formula, the
15 agency may earn performance incentive funds as appropriated
16 for that purpose in a General Appropriations Act. If
17 performance incentive funds are funded and awarded, these
18 funds must be added to the local educational agency's prior
19 year total allocation from the Workforce Development Education
20 Fund and shall be used to calculate the following year's base
21 funding.
22 (b) A program is established to assist school
23 districts and community colleges in responding to the needs of
24 new and expanding businesses and thereby strengthening the
25 state's workforce and economy. The program may be funded in
26 the General Appropriations Act. A school district or community
27 college may expend funds under the program without regard to
28 performance criteria set forth in subparagraph (a)2. The
29 district or community college shall use the program to provide
30 customized training for businesses which satisfies the
31 requirements of s. 288.047. Business firms whose employees
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1 receive the customized training must provide 50 percent of the
2 cost of the training. Balances remaining in the program at the
3 end of the fiscal year shall not revert to the general fund,
4 but shall be carried over for 1 additional year and used for
5 the purpose of serving incumbent worker training needs of area
6 businesses with fewer than 100 employees. Priority shall be
7 given to businesses that must increase or upgrade their use of
8 technology to remain competitive.
9 (9) The Department of Education, the State Board of
10 Community Colleges, and Workforce Florida, Inc., the Jobs and
11 Education Partnership shall provide the Legislature with
12 recommended formulas, criteria, timeframes, and mechanisms for
13 distributing performance funds. The commissioner shall
14 consolidate the recommendations and develop a consensus
15 proposal for funding. The Legislature shall adopt a formula
16 and distribute the performance funds to the Division of
17 Community Colleges and the Division of Workforce Development
18 through the General Appropriations Act. These recommendations
19 shall be based on formulas that would discourage
20 low-performing or low-demand programs and encourage through
21 performance-funding awards:
22 (a) Programs that prepare people to enter high-wage
23 occupations identified by the Workforce Estimating
24 Occupational Forecasting Conference created by s. 216.136 and
25 other programs as approved by Workforce Florida, Inc the Jobs
26 and Education Partnership. At a minimum, performance
27 incentives shall be calculated for adults who reach completion
28 points or complete programs that lead to specified high-wage
29 employment and to their placement in that employment.
30 (b) Programs that successfully prepare adults who are
31 eligible for public assistance, economically disadvantaged,
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1 disabled, not proficient in English, or dislocated workers for
2 high-wage occupations. At a minimum, performance incentives
3 shall be calculated at an enhanced value for the completion of
4 adults identified in this paragraph and job placement of such
5 adults upon completion. In addition, adjustments may be made
6 in payments for job placements for areas of high unemployment.
7 (c) Programs that are specifically designed to be
8 consistent with the workforce needs of private enterprise and
9 regional economic development strategies, as defined in
10 guidelines set by Workforce Florida, Inc. Workforce Florida,
11 Inc., shall develop guidelines to identify such needs and
12 strategies based on localized research of private employers
13 and economic development practitioners.
14 (d)(c) Programs identified by Workforce Florida, Inc.,
15 the Jobs and Education Partnership as increasing the
16 effectiveness and cost efficiency of education.
17 Section 66. Paragraph (d) of subsection (4) of section
18 239.117, Florida Statutes, is amended to read:
19 239.117 Workforce development postsecondary student
20 fees.--
21 (4) The following students are exempt from the payment
22 of registration, matriculation, and laboratory fees:
23 (d) A student enrolled in an employment and training
24 program under the welfare transition WAGES program. The
25 regional workforce board local WAGES coalition shall pay the
26 community college or school district for costs incurred for
27 welfare transition program participants WAGES clients.
28 Section 67. Paragraph (c) of subsection (2) of section
29 239.229, Florida Statutes, is amended to read:
30 239.229 Vocational standards.--
31 (2)
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1 (c) Department of Education accountability for career
2 education includes, but is not limited to:
3 1. The provision of timely, accurate technical
4 assistance to school districts and community colleges.
5 2. The provision of timely, accurate information to
6 the State Board for Career Education, the Legislature, and the
7 public.
8 3. The development of policies, rules, and procedures
9 that facilitate institutional attainment of the accountability
10 standards and coordinate the efforts of all divisions within
11 the department.
12 4. The development of program standards and
13 industry-driven benchmarks for vocational, adult, and
14 community education programs, which must be updated every 3
15 years. The standards must include technical, academic, and
16 workplace skills; viability of distance learning for
17 instruction; and work/learn cycles that are responsive to
18 business and industry.
19 5. Overseeing school district and community college
20 compliance with the provisions of this chapter.
21 6. Ensuring that the educational outcomes for the
22 technical component of workforce development programs and
23 secondary vocational job-preparatory programs are uniform and
24 designed to provide a graduate of high quality who is capable
25 of entering the workforce on an equally competitive basis
26 regardless of the institution of choice.
27 Section 68. Paragraph (a) of subsection (3) and
28 paragraph (e) of subsection (4) of section 239.301, Florida
29 Statutes, are amended to read:
30 239.301 Adult general education.--
31
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1 (3)(a) Each school board or community college board of
2 trustees shall negotiate with the regional workforce board
3 local personnel of the Department of Children and Family
4 Services for basic and functional literacy skills assessments
5 for participants in the welfare transition employment and
6 training programs under the WAGES Program. Such assessments
7 shall be conducted at a site mutually acceptable to the school
8 board or community college board of trustees and the regional
9 workforce board Department of Children and Family Services.
10 (4)
11 (e) A district school board or a community college
12 board of trustees may negotiate a contract with the regional
13 workforce board local WAGES coalition for specialized services
14 for participants in the welfare transition program WAGES
15 clients, beyond what is routinely provided for the general
16 public, to be funded by the regional workforce board WAGES
17 coalition pursuant to s. 414.065.
18 Section 69. Subsection (3) of section 239.514, Florida
19 Statutes, is amended to read:
20 239.514 Workforce Development Capitalization Incentive
21 Grant Program.--The Legislature recognizes that the need for
22 school districts and community colleges to be able to respond
23 to emerging local or statewide economic development needs is
24 critical to the workforce development system. The Workforce
25 Development Capitalization Incentive Grant Program is created
26 to provide grants to school districts and community colleges
27 on a competitive basis to fund some or all of the costs
28 associated with the creation or expansion of workforce
29 development programs that serve specific employment workforce
30 needs.
31
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1 (3) The commission shall give highest priority to
2 programs that train people to enter high-skill, high-wage
3 occupations identified by the Workforce Estimating
4 occupational forecasting Conference and other programs
5 approved by Workforce Florida, Inc. the Jobs and Education
6 Partnership; programs that train people to enter occupations
7 under the welfare transition program on the WAGES list; or
8 programs that train for the workforce adults who are eligible
9 for public assistance, economically disadvantaged, disabled,
10 not proficient in English, or dislocated workers. The
11 commission shall consider the statewide geographic dispersion
12 of grant funds in ranking the applications and shall give
13 priority to applications from education agencies that are
14 making maximum use of their workforce development funding by
15 offering high-performing, high-demand programs.
16 Section 70. Paragraph (b) of subsection (5) of section
17 240.209, Florida Statutes, is amended to read:
18 240.209 Board of Regents; powers and duties.--
19 (5) The Board of Regents is responsible for:
20 (b) Coordinating with the Postsecondary Education
21 Planning Commission the programs, including doctoral programs,
22 to be reviewed every 5 years or whenever the board determines
23 that the effectiveness or efficiency of a program is
24 jeopardized. The board shall define the indicators of quality
25 and the criteria for program review for every program. Such
26 indicators shall include need, student demand, industry-driven
27 competencies for advanced technology and related programs, and
28 resources available to support continuation. The results of
29 the program reviews shall be tied to the university budget
30 requests.
31
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1 Section 71. Section 240.312, Florida Statutes, is
2 amended to read:
3 240.312 Community colleges; program review.--Program
4 reviews for the community college system shall be coordinated
5 with the Postsecondary Education Planning Commission every
6 year. Every major program shall be reviewed every 5 years or
7 whenever the effectiveness or efficiency of a program is
8 jeopardized, except that certificate career education programs
9 and programs leading to an associate in science degree shall
10 be reviewed every 3 years. Indicators of quality and criteria
11 for the program reviews shall be defined. The results of
12 these program reviews shall be tied to the budget request for
13 the community college system.
14 Section 72. Subsection (3) of section 240.35, Florida
15 Statutes, is amended to read:
16 240.35 Student fees.--Unless otherwise provided, the
17 provisions of this section apply only to fees charged for
18 college credit instruction leading to an associate in arts
19 degree, an associate in applied science degree, or an
20 associate in science degree and noncollege credit
21 college-preparatory courses defined in s. 239.105.
22 (3) Students enrolled in dual enrollment and early
23 admission programs under s. 240.116 and students enrolled in
24 employment and training programs under the welfare transition
25 WAGES program are exempt from the payment of registration,
26 matriculation, and laboratory fees; however, such students may
27 not be included within calculations of fee-waived enrollments.
28 The regional workforce board local WAGES coalition shall pay
29 the community college for costs incurred by that WAGES
30 participant related to that person's classes or program. Other
31 fee-exempt instruction provided under this subsection
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1 generates an additional one-fourth full-time equivalent
2 enrollment.
3 Section 73. Paragraph (a) of subsection (1) of section
4 240.40207, Florida Statutes, is amended to read:
5 240.40207 Florida Gold Seal Vocational Scholars
6 award.--The Florida Gold Seal Vocational Scholars award is
7 created within the Florida Bright Futures Scholarship Program
8 to recognize and reward academic achievement and vocational
9 preparation by high school students who wish to continue their
10 education.
11 (1) A student is eligible for a Florida Gold Seal
12 Vocational Scholars award if the student meets the general
13 eligibility requirements for the Florida Bright Futures
14 Scholarship Program and the student:
15 (a) Completes the secondary school portion of a
16 sequential program of studies that requires at least three
17 secondary school vocational credits taken over at least 2
18 academic years, and is continued in a planned, related
19 postsecondary education program. If the student's school does
20 not offer such a two-plus-two or tech-prep program, the
21 student must complete a job-preparatory career education
22 program selected by the Workforce Estimating Occupational
23 Forecasting Conference or the Workforce Florida, Inc.,
24 Development Board of Enterprise Florida for its ability to
25 provide high-wage employment in an occupation with high
26 potential for employment opportunities. On-the-job training
27 may not be substituted for any of the three required
28 vocational credits.
29 Section 74. Section 240.40685, Florida Statutes, is
30 amended to read:
31
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1 240.40685 Certified Education Paraprofessional Welfare
2 Transition Program.--
3 (1) There is created the Certified Education
4 Paraprofessional Welfare Transition Program to provide
5 education and employment for recipients of public assistance
6 who are certified to work in schools that, because of the high
7 proportion of economically disadvantaged children enrolled,
8 are at risk of poor performance on traditional measures of
9 achievement. The program is designed to enable such schools
10 to increase the number of adults working with the school
11 children. However, the increase in personnel working at
12 certain schools is intended to supplement and not to supplant
13 the school staff and should not affect current school board
14 employment and staffing policies, including those contained in
15 collective bargaining agreements. The program is intended to
16 be supported by local, state, and federal program funds for
17 which the participants may be eligible. Further, the program
18 is designed to provide its participants not only with
19 entry-level employment but also with a marketable credential,
20 a career option, and encouragement to advance.
21 (2) The Commissioner of Education, the Executive
22 Director of the State Board of Community Colleges, the
23 secretary of the Department of Children and Family Services,
24 and the director of the Agency for Workforce Innovation
25 Secretary of Labor and Employment Security have joint
26 responsibility for planning and conducting the program.
27 (3) The agencies responsible may make recommendations
28 to the State Board of Education and the Legislature if they
29 find that implementation or operation of the program would
30 benefit from the adoption or waiver of state or federal
31
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1 policy, rule, or law, including recommendations regarding
2 program budgeting.
3 (4) The agencies shall complete an implementation plan
4 that addresses at least the following recommended components
5 of the program:
6 (a) A method of selecting participants. The method
7 must not duplicate services provided by those assigned to
8 screen participants of the welfare transition WAGES program,
9 but must assure that screening personnel are trained to
10 identify recipients of public assistance whose personal
11 aptitudes and motivation make them most likely to succeed in
12 the program and advance in a career related to the school
13 community.
14 (b) A budget for use of incentive funding to provide
15 motivation to participants to succeed and excel. The budget
16 for incentive funding includes:
17 1. Funds allocated by the Legislature directly for the
18 program.
19 2. Funds that may be made available from the federal
20 Workforce Investment Job Training Partnership Act based on
21 client eligibility or requested waivers to make the clients
22 eligible.
23 3. Funds made available by implementation strategies
24 that would make maximum use of work supplementation funds
25 authorized by federal law.
26 4. Funds authorized by strategies to lengthen
27 participants' eligibility for federal programs such as
28 Medicaid, subsidized child care, and transportation.
29
30 Incentives may include a stipend during periods of college
31 classroom training, a bonus and recognition for a high
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1 grade-point average, child care and prekindergarten services
2 for children of participants, and services to increase a
3 participant's ability to advance to higher levels of
4 employment. Nonfinancial incentives should include providing a
5 mentor or tutor, and service incentives should continue and
6 increase for any participant who plans to complete the
7 baccalaureate degree and become a certified teacher. Services
8 may be provided in accordance with family choice by community
9 colleges and school district technical centers, through family
10 service centers and full-service schools, or under contract
11 with providers through central agencies.
12 (5) The agencies shall select Department of Children
13 and Family Services districts to participate in the program. A
14 district that wishes to participate must demonstrate that a
15 district school board, a community college board of trustees,
16 an economic services program administrator, and a regional
17 workforce board private industry council are willing to
18 coordinate to provide the educational program, support
19 services, employment opportunities, and incentives required to
20 fulfill the intent of this section.
21 (6)(a) A community college or school district
22 technical center is eligible to participate if it provides a
23 technical certificate program in Child Development Early
24 Intervention as approved by Workforce Florida, Inc., the Jobs
25 and Education Partnership and it is participating in the
26 Performance Based Incentive Funding program authorized in s.
27 239.249. Priority programs provide an option and incentives
28 to articulate with an associate in science degree program or a
29 baccalaureate degree program.
30 (b) A participating educational agency may earn funds
31 appropriated for performance-based incentive funding for
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1 successful outcomes of enrollment and placement of recipients
2 of public assistance who are in the program. In addition, an
3 educational agency is eligible for an incentive award
4 determined by Workforce Florida, Inc., the Jobs and Education
5 Partnership for each recipient of public assistance who
6 successfully completes a program leading to the award of a
7 General Education Development credential.
8 (c) Historically black colleges or universities that
9 have established programs that serve participants in the
10 welfare transition of the WAGES program are eligible to
11 participate in the Performance Based Incentive Funding Program
12 and may earn an incentive award determined by Workforce
13 Florida, Inc., the Jobs and Education Partnership for
14 successful placement of program completers in jobs as
15 education paraprofessionals in at-risk schools.
16 (7)(a) A participating school district shall identify
17 at-risk schools in which the program participants will work
18 during the practicum part of their education. For purposes of
19 this act, an at-risk school is a school with grades K-3 in
20 which 50 percent or more of the students enrolled at the
21 school are eligible for free lunches or reduced-price lunches.
22 Priority schools are schools whose service zones include the
23 participants' own communities.
24 (b) A participating school district may use funds
25 appropriated by the Legislature from Job Training Partnership
26 Act service delivery area allotments to provide at least 6
27 months of on-the-job training to participants in the Certified
28 Education Paraprofessional Welfare Transition Program.
29 Participating school districts may also use funds provided by
30 grant diversion of funds from the welfare transition WAGES
31 program for the participants during the practicum portion of
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1 their training to earn the certificate required for their
2 employment.
3 (8) The agencies shall give priority for funding to
4 those programs that provide maximum security for the
5 long-range employment and career opportunities of the program
6 participants. Security is enhanced if employment is provided
7 through a governmental or nongovernmental agency other than
8 the school board, or if the plans assure in another way that
9 the participants will supplement, rather than supplant, the
10 workforce available to the school board. It is the intent of
11 the Legislature that, when a program participant succeeds in
12 becoming a certified education paraprofessional after working
13 successfully in a school during the practicum or on-the-job
14 training supported by the program, the participant shall have
15 the opportunity to continue in full-time employment at the
16 school that provided the training or at another school in the
17 district.
18 Section 75. Subsection (2) of section 240.61, Florida
19 Statutes, is amended to read:
20 240.61 College reach-out program.--
21 (2) In developing the definition for "low-income
22 educationally disadvantaged student," the State Board of
23 Education shall include such factors as: the family's taxable
24 income; family receipt of temporary cash assistance under the
25 WAGES Program in the preceding year; family receipt of public
26 assistance in the preceding year; the student's cumulative
27 grade point average; the student's promotion and attendance
28 patterns; the student's performance on state standardized
29 tests; the student's enrollment in mathematics and science
30 courses; and the student's participation in a dropout
31 prevention program.
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1 Section 76. Section 246.50, Florida Statutes, is
2 amended to read:
3 246.50 Certified Teacher-Aide Welfare Transition
4 Program; participation by independent postsecondary
5 schools.--An independent postsecondary school may participate
6 in the Certified Teacher-Aide Welfare Transition Program and
7 may receive incentives for successful performance from the
8 Performance Based Incentive Funding Program if:
9 (1) The school is accredited by the Southern
10 Association of Colleges and Schools and licensed by the State
11 Board of Nonpublic Career Education;
12 (2) The school serves recipients of temporary cash
13 assistance under the WAGES Program in a certified teacher-aide
14 program;
15 (3) A participating school district recommends the
16 school to Workforce Florida, Inc. the Jobs and Education
17 Partnership; and
18 (4) Workforce Florida, Inc., The Jobs and Education
19 Partnership approves.
20 Section 77. Section 288.046, Florida Statutes, is
21 amended to read:
22 288.046 Quick-response training; legislative
23 intent.--The Legislature recognizes the importance of
24 providing a skilled workforce for attracting new industries
25 and retaining and expanding existing businesses and industries
26 in this state. It is the intent of the Legislature that a
27 program exist to meet the short-term, immediate,
28 workforce-skill needs of such businesses and industries. It
29 is further the intent of the Legislature that funds provided
30 for the purposes of s. 288.047 be expended on businesses and
31 industries that support the state's economic development
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1 goals, particularly high value-added businesses in Florida's
2 Targeted Industrial Clusters or businesses that locate in and
3 provide jobs in the state's distressed urban and rural areas,
4 and that instruction funded pursuant to s. 288.047 lead to
5 permanent, quality employment opportunities.
6 Section 78. Section 288.047, Florida Statutes, is
7 amended to read:
8 288.047 Quick-response training for economic
9 development.--
10 (1) The Quick-Response Training Program is created to
11 meet the workforce-skill needs of existing, new, and expanding
12 industries. The program shall be administered by Workforce
13 Enterprise Florida, Inc., in conjunction with Enterprise
14 Florida, Inc., and the Department of Education. Workforce
15 Enterprise Florida, Inc., shall adopt guidelines for the
16 administration of this program. Workforce Enterprise Florida,
17 Inc., shall provide technical services and shall identify
18 businesses that seek services through the program. The
19 Department of Education shall provide services related to the
20 development and implementation of instructional programs.
21 (2)(a) A Quick-Response Advisory Committee, composed
22 of the director of the Division of Workforce Development of
23 the Department of Education; the director of the Division of
24 Community Colleges of the Department of Education; and the
25 director of the Division of Jobs and Benefits of the
26 Department of Labor and Employment Security, or their
27 respective designees, and four private sector members, shall
28 review training funded through this program and shall provide
29 policy advice to Enterprise Florida, Inc., in the
30 implementation of this program. The committee shall elect a
31 chair from among its members. Members of the committee may
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1 receive reimbursement for per diem and travel expenses as
2 provided in s. 112.061.
3 (b) The four private sector members appointed to the
4 Quick-Response Advisory Committee must be selected from a
5 slate of nominees submitted by the board of directors of
6 Enterprise Florida, Inc. The president of Enterprise Florida,
7 Inc., shall appoint private sector members from this slate for
8 terms of 4 years, except that in making the initial
9 appointments, the president shall appoint members for
10 staggered terms, one for 1 year, 2 years, 3 years, and 4
11 years, respectively. To the maximum extent possible, the
12 president shall select private sector members who are
13 representative of diverse industries and regions of the state.
14 The importance of minority representation must be considered
15 when making appointments for each private sector position.
16 Private sector members may be removed for cause. Absence from
17 three consecutive meetings results in the automatic removal of
18 a private sector member.
19 (c) The Quick-Response Advisory Committee shall meet
20 at the call of its chair, at the request of a majority of the
21 membership, at the request of Enterprise Florida, Inc., or at
22 times prescribed by its rules. The committee shall serve to
23 advise Enterprise Florida, Inc., regarding the administration
24 of the Quick-Response Training Program.
25 (2)(3) Workforce Enterprise Florida, Inc., shall
26 ensure that instruction funded pursuant to this section is not
27 available through the local community college or, school
28 district, or private industry council and that the instruction
29 promotes economic development by providing specialized
30 training entry-level skills to new workers or retraining for
31 supplemental skills to current employees to meet changing
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1 skill requirements caused by new technology or new product
2 lines and to prevent potential layoffs whose job descriptions
3 are changing. Such funds may not be expended to subsidize the
4 ongoing staff development program of any business or industry
5 or to provide training for instruction related to retail
6 businesses or to reimburse businesses for trainee wages. Funds
7 made available pursuant to this section may not be expended in
8 connection with the relocation of a business from one
9 community to another community in this state unless Workforce
10 Enterprise Florida, Inc., determines that without such
11 relocation the business will move outside this state or
12 determines that the business has a compelling economic
13 rationale for the relocation which creates additional jobs.
14 (3)(4) Requests for funding through the Quick-Response
15 Training Program may be produced through inquiries from a
16 specific business or industry, inquiries from a school
17 district director of career education or community college
18 occupational dean on behalf of a business or industry, or
19 through official state or local economic development efforts.
20 In allocating funds for the purposes of the program, Workforce
21 Enterprise Florida, Inc., shall establish criteria for
22 approval of requests for funding and shall select the entity
23 that provides the most efficient, cost-effective instruction
24 meeting such criteria. Program funds may be allocated to any
25 area technical center, community college, or state university.
26 Program funds may be allocated to private postsecondary
27 institutions only upon a review that includes, but is not
28 limited to, accreditation and licensure documentation and
29 prior approval by Workforce Florida, Inc. a majority of the
30 advisory committee. Instruction funded through the program
31 must terminate when participants demonstrate competence at the
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1 level specified in the request; however, the grant term
2 instruction may not exceed 24 18 months. Costs and
3 expenditures for the Quick-Response Training Program must be
4 documented and separated from those incurred by the training
5 provider.
6 (4)(5) For the first 6 months of each fiscal year,
7 Workforce Enterprise Florida, Inc., shall set aside 30 percent
8 of the amount appropriated for the Quick-Response Training
9 Program by the Legislature to fund instructional programs for
10 businesses located in an enterprise zone or brownfield area to
11 instruct residents of an enterprise zone. Any unencumbered
12 funds remaining undisbursed from this set-aside at the end of
13 the 6-month period may be used to provide funding for any
14 program qualifying for funding pursuant to this section.
15 (5)(6) Prior to the allocation of funds for any
16 request pursuant to this section, Workforce Enterprise
17 Florida, Inc., shall prepare a grant agreement between the
18 business or industry requesting funds, the educational
19 institution receiving funding through the program, and
20 Workforce Enterprise Florida, Inc. Such agreement must
21 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, Workforce
27 Enterprise Florida, Inc., may accept grants of money,
28 materials, 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 in the welfare transition program. Workforce
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1 Enterprise Florida, Inc., may, at the discretion of the State
2 WAGES Emergency Response Team, award quick-response training
3 grants and develop applicable guidelines for the training of
4 participants in the welfare transition WAGES program. In
5 addition to a local economic development organization, grants
6 must be endorsed by the applicable local WAGES coalition and
7 regional workforce development board.
8 (a) Training funded pursuant to this subsection may
9 not exceed 12 months, and may be provided by the local
10 community college, school district, regional workforce
11 development board, or the business employing the participant,
12 including on-the-job training. Training will provide
13 entry-level skills to new workers, including those employed in
14 retail, who are participants in the welfare transition WAGES
15 program.
16 (b) WAGES Participants trained pursuant to this
17 subsection must be employed at a wage not less than $6 $6.00
18 per hour.
19 (c) Funds made available pursuant to this subsection
20 may be expended in connection with the relocation of a
21 business from one community to another community if approved
22 by Workforce Florida, Inc. the State WAGES Emergency Response
23 Team.
24 (9) Notwithstanding any other provision of law,
25 eligible matching contributions received under the
26 Quick-Response Training Program under this section may be
27 counted toward the private-sector support of Enterprise
28 Florida, Inc., under s. 288.90151(5)(d).
29 (10) Workforce Florida, Inc., and Enterprise Florida,
30 Inc., shall ensure maximum coordination and cooperation in
31 administering this section, in such a manner that any division
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1 of responsibility between the two organizations which relates
2 to marketing or administering the Quick-Response Training
3 Program is not apparent to a business that inquires about or
4 applies for funding under this section. The organizations
5 shall provide such a business with a single point of contact
6 for information and assistance.
7 Section 79. Subsection (7) of section 288.0656,
8 Florida Statutes, is amended to read:
9 288.0656 Rural Economic Development Initiative.--
10 (7) REDI may recommend to the Governor up to three
11 rural areas of critical economic concern. A rural area of
12 critical economic concern must be a rural community, or a
13 region composed of such, that has been adversely affected by
14 an extraordinary economic event or a natural disaster or that
15 presents a unique economic development opportunity of regional
16 impact that will create more than 1,000 jobs over a 5-year
17 period. The Governor may by executive order designate up to
18 three rural areas of critical economic concern which will
19 establish these areas as priority assignments for REDI as well
20 as to allow the Governor, acting through REDI, to waive
21 criteria, requirements, or similar provisions of any economic
22 development incentive. Such incentives shall include, but not
23 be limited to: the Qualified Target Industry Tax Refund
24 Program under s. 288.106, the Quick Response Training Program
25 under s. 288.047, the WAGES Quick Response Training Program
26 for participants in the welfare transition program under s.
27 288.047(8) s. 288.047(10), transportation projects under s.
28 288.063, the brownfield redevelopment bonus refund under s.
29 288.107, and the rural job tax credit program under ss.
30 212.098 and 220.1895. Designation as a rural area of critical
31 economic concern under this subsection shall be contingent
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1 upon the execution of a memorandum of agreement among the
2 Office of Tourism, Trade, and Economic Development; the
3 governing body of the county; and the governing bodies of any
4 municipalities to be included within a rural area of critical
5 economic concern. Such agreement shall specify the terms and
6 conditions of the designation, including, but not limited to,
7 the duties and responsibilities of the county and any
8 participating municipalities to take actions designed to
9 facilitate the retention and expansion of existing businesses
10 in the area, as well as the recruitment of new businesses to
11 the area.
12 Section 80. Paragraph (f) of subsection (3) of section
13 288.901, Florida Statutes, is amended to read:
14 288.901 Enterprise Florida, Inc.; creation;
15 membership; organization; meetings; disclosure.--
16 (3) Enterprise Florida, Inc., shall be governed by a
17 board of directors. The board of directors shall consist of
18 the following members:
19 (f) The chairperson of the board of directors of the
20 Workforce Florida, Inc. Development Board.
21 Section 81. Paragraph (i) of subsection (1) of section
22 288.904, Florida Statutes, is amended to read:
23 288.904 Powers of the board of directors of Enterprise
24 Florida, Inc.--
25 (1) The board of directors of Enterprise Florida,
26 Inc., shall have the power to:
27 (i) Use the state seal, notwithstanding the provisions
28 of s. 15.03, when appropriate, to establish that Enterprise
29 Florida, Inc., is the principal economic, workforce, and trade
30 development organization for the state, and for other standard
31 corporate identity applications. Use of the state seal is not
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1 to replace use of a corporate seal as provided in this
2 section.
3 Section 82. Subsections (1) and (3) of section
4 288.905, Florida Statutes, are amended to read:
5 288.905 Duties of the board of directors of Enterprise
6 Florida, Inc.--
7 (1) In the performance of its functions and duties,
8 the board of directors may establish, implement, and manage
9 policies, strategies, and programs for Enterprise Florida,
10 Inc., and its boards. These policies, strategies, and programs
11 shall promote business formation, expansion, recruitment, and
12 retention through aggressive marketing and; international
13 development and export assistance; and workforce development,
14 which together lead to more and better jobs with higher wages
15 for all geographic regions and communities of the state,
16 including rural areas and urban core areas, and for all
17 residents, including minorities. In developing such policies,
18 strategies, and programs, the board of directors shall solicit
19 advice from and consider the recommendations of its boards,
20 any advisory committees or similar groups created by
21 Enterprise Florida, Inc., and local and regional partners.
22 (3)(a) The strategic plan required under this section
23 shall include, but is not limited to, strategies for the
24 promotion of business formation, expansion, recruitment, and
25 retention through aggressive marketing, international
26 development, and export assistance, and workforce development
27 programs which lead to more and better jobs and higher wages
28 for all geographic regions and disadvantaged communities and
29 populations of the state, including rural areas, minority
30 businesses, and urban core areas. Further, the strategic plan
31 shall give consideration to the economic diversity of the
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1 state and its regions and their associated industrial clusters
2 and develop realistic policies and programs to further their
3 development.
4 (b)1. The strategic plan required under this section
5 shall include specific provisions for the stimulation of
6 economic development and job creation in rural areas and
7 midsize cities and counties of the state.
8 2. Enterprise Florida, Inc., shall involve local
9 governments, local and regional economic development
10 organizations, and other local, state, and federal economic,
11 international, and workforce development entities, both public
12 and private, in developing and carrying out policies,
13 strategies, and programs, seeking to partner and collaborate
14 to produce enhanced public benefit at a lesser cost.
15 3. Enterprise Florida, Inc., shall involve rural,
16 urban, small-business, and minority-business development
17 agencies and organizations, both public and private, in
18 developing and carrying out policies, strategies, and
19 programs.
20 (c) The strategic plan required under this section
21 shall include the creation of workforce training programs that
22 lead to better employment opportunities and higher wages.
23 (c)(d) The strategic plan required under this section
24 shall include the promotion of the successful long-term
25 economic development of the state with increased emphasis in
26 market research and information to local economic development
27 entities and generation of foreign investment in the state
28 that creates jobs with above-average wages,
29 internationalization of this state, with strong emphasis in
30 reverse investment that creates high wage jobs for the state
31 and its many regions, including programs that establish viable
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1 overseas markets, generate foreign investment, assist in
2 meeting the financing requirements of export-ready firms,
3 broaden opportunities for international joint venture
4 relationships, use the resources of academic and other
5 institutions, coordinate trade assistance and facilitation
6 services, and facilitate availability of and access to
7 education and training programs which will assure requisite
8 skills and competencies necessary to compete successfully in
9 the global marketplace.
10 (d)(e) The strategic plan required under this section
11 shall include the identification of business sectors that are
12 of current or future importance to the state's economy and to
13 the state's worldwide business image, and development of
14 specific strategies to promote the development of such
15 sectors.
16 Section 83. Paragraph (f) of subsection (1) of section
17 288.906, Florida Statutes, is amended to read:
18 288.906 Annual report of Enterprise Florida, Inc.;
19 audits; confidentiality.--
20 (1) Prior to December 1 of each year, Enterprise
21 Florida, Inc., shall submit to the Governor, the President of
22 the Senate, the Speaker of the House of Representatives, the
23 Senate Minority Leader, and the House Minority Leader a
24 complete and detailed report including, but not limited to:
25 (f) An assessment of employee training and job
26 creation that directly benefits participants in the welfare
27 transition WAGES program.
28
29 The detailed report required by this subsection shall also
30 include the information identified in paragraphs (a)-(g), if
31
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1 applicable, for any board established within the corporate
2 structure of Enterprise Florida, Inc.
3 Section 84. Subsection (4) of section 320.20, Florida
4 Statutes, is amended to read:
5 320.20 Disposition of license tax moneys.--The revenue
6 derived from the registration of motor vehicles, including any
7 delinquent fees and excluding those revenues collected and
8 distributed under the provisions of s. 320.081, must be
9 distributed monthly, as collected, as follows:
10 (4) Notwithstanding any other provision of law except
11 subsections (1), (2), and (3), on July 1, 1999, and annually
12 thereafter, $10 million shall be deposited in the State
13 Transportation Trust Fund solely for the purposes of funding
14 the Florida Seaport Transportation and Economic Development
15 Program as provided in chapter 311 and for funding seaport
16 intermodal access projects of statewide significance as
17 provided in s. 341.053. Such revenues shall be distributed to
18 any port listed in s. 311.09(1), to be used for funding
19 projects as follows:
20 (a) For any seaport intermodal access projects that
21 are identified in the 1997-1998 Tentative Work Program of the
22 Department of Transportation, up to the amounts needed to
23 offset the funding requirements of this section; and
24 (b) For seaport intermodal access projects as
25 described in s. 341.053(5) that are identified in the 5-year
26 Florida Seaport Mission Plan as provided in s. 311.09(3).
27 Funding for such projects shall be on a matching basis as
28 mutually determined by the Florida Seaport Transportation and
29 Economic Development Council and the Department of
30 Transportation, provided a minimum of 25 percent of total
31
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1 project funds shall come from any port funds, local funds,
2 private funds, or specifically earmarked federal funds; or
3 (c) On a 50-50 matching basis for projects as
4 described in s. 311.07(3)(b); or.
5 (d) For seaport intermodal access projects that
6 involve the dredging or deepening of channels, turning basins,
7 or harbors; or the rehabilitation of wharves, docks, or
8 similar structures. Funding for such projects shall require a
9 25 percent match of the funds received pursuant to this
10 subsection. Matching funds shall come from any port funds,
11 federal funds, local funds, or private funds.
12
13 Such revenues may be assigned, pledged, or set aside as a
14 trust for the payment of principal or interest on bonds, tax
15 anticipation certificates, or any other form of indebtedness
16 issued by an individual port or appropriate local government
17 having jurisdiction thereof, or collectively by interlocal
18 agreement among any of the ports, or used to purchase credit
19 support to permit such borrowings. However, such debt shall
20 not constitute a general obligation of the state. This state
21 does hereby covenant with holders of such revenue bonds or
22 other instruments of indebtedness issued hereunder that it
23 will not repeal or impair or amend this subsection in any
24 manner which will materially and adversely affect the rights
25 of holders so long as bonds authorized by this subsection are
26 outstanding. Any revenues that are not pledged to the
27 repayment of bonds as authorized by this section may be
28 utilized for purposes authorized under the Florida Seaport
29 Transportation and Economic Development Program. This revenue
30 source is in addition to any amounts provided for and
31 appropriated in accordance with s. 311.07 and subsection (3).
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1 The Florida Seaport Transportation and Economic Development
2 Council shall approve distribution of funds to ports for
3 projects that have been approved pursuant to s. 311.09(5)-(9),
4 or for seaport intermodal access projects identified in the
5 5-year Florida Seaport Mission Plan as provided in s.
6 311.09(3) and mutually agreed upon by the FSTED Council and
7 the Department of Transportation. All contracts for actual
8 construction of projects authorized by this subsection must
9 include a provision encouraging employment of WAGES
10 participants in the welfare transition program. The goal for
11 employment of WAGES participants in the welfare transition
12 program is 25 percent of all new employees employed
13 specifically for the project, unless the Department of
14 Transportation and the Florida Seaport Transportation and
15 Economic Development Council demonstrates can demonstrate to
16 the satisfaction of the Secretary of Labor and Employment
17 Security that such a requirement would severely hamper the
18 successful completion of the project. In such an instance,
19 Workforce Florida, Inc., the Secretary of Labor and Employment
20 Security shall establish an appropriate percentage of
21 employees that must be WAGES participants in the welfare
22 transition program. The council and the Department of
23 Transportation are authorized to perform such acts as are
24 required to facilitate and implement the provisions of this
25 subsection. To better enable the ports to cooperate to their
26 mutual advantage, the governing body of each port may exercise
27 powers provided to municipalities or counties in s.
28 163.01(7)(d) subject to the provisions of chapter 311 and
29 special acts, if any, pertaining to a port. The use of funds
30 provided pursuant to this subsection is limited to eligible
31 projects listed in this subsection. The provisions of s.
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1 311.07(4) do not apply to any funds received pursuant to this
2 subsection.
3 Section 85. Paragraph (c) of subsection (9) of section
4 322.34, Florida Statutes, is amended to read:
5 322.34 Driving while license suspended, revoked,
6 canceled, or disqualified.--
7 (9)
8 (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055,
9 when the seizing agency obtains a final judgment granting
10 forfeiture of the motor vehicle under this section, 30 percent
11 of the net proceeds from the sale of the motor vehicle shall
12 be retained by the seizing law enforcement agency and 70
13 percent shall be deposited in the General Revenue Fund for use
14 by regional workforce boards local WAGES coalitions in
15 providing transportation services for participants of the
16 welfare transition WAGES program. In a forfeiture proceeding
17 under this section, the court may consider the extent that the
18 family of the owner has other public or private means of
19 transportation.
20 Section 86. Subsection (1) of section 341.052, Florida
21 Statutes, is amended to read:
22 341.052 Public transit block grant program;
23 administration; eligible projects; limitation.--
24 (1) There is created a public transit block grant
25 program which shall be administered by the department. Block
26 grant funds shall only be provided to "Section 9" providers
27 and "Section 18" providers designated by the United States
28 Department of Transportation and community transportation
29 coordinators as defined in chapter 427. Eligible providers
30 must establish public transportation development plans
31 consistent, to the maximum extent feasible, with approved
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1 local government comprehensive plans of the units of local
2 government in which the provider is located. In developing
3 public transportation development plans, eligible providers
4 must solicit comments from regional workforce boards local
5 WAGES coalitions established under chapter 445 414. The
6 development plans must address how the public transit provider
7 will work with the appropriate regional workforce board local
8 WAGES coalition to provide services to WAGES participants in
9 the welfare transition program. Eligible providers must review
10 program and financial plans established under s. 414.028 and
11 provide information to the regional workforce board local
12 WAGES coalition serving the county in which the provider is
13 located regarding the availability of transportation services
14 to assist WAGES program participants.
15 Section 87. Subsections (1) and (8) of section
16 402.3015, Florida Statutes, are amended, and subsection (10)
17 is added to said section, to read:
18 402.3015 Subsidized child care program; purpose; fees;
19 contracts.--
20 (1) The purpose of the subsidized child care program
21 is to provide quality child care to enhance the development,
22 including language, cognitive, motor, social, and self-help
23 skills of children who are at risk of abuse or neglect and
24 children of low-income families, and to promote financial
25 self-sufficiency and life skills for the families of these
26 children, unless prohibited by federal law. Priority for
27 participation in the subsidized child care program shall be
28 accorded to children under 13 years of age who are:
29 (a) Determined to be at risk of abuse, neglect, or
30 exploitation and who are currently clients of the department's
31 Children and Families Program Office;
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1 (b) Children at risk of welfare dependency, including
2 children of participants in the welfare transition WAGES
3 program, children of migrant farmworkers, children of teen
4 parents, and children from other families at risk of welfare
5 dependency due to a family income of less than 100 percent of
6 the federal poverty level;
7 (c) Children of working families whose family income
8 is equal to or greater than 100 percent, but does not exceed
9 150 percent, of the federal poverty level; and
10 (d) Children of working families enrolled in the Child
11 Care Executive Partnership Program whose family income does
12 not exceed 200 percent of the federal poverty level; and.
13 (e) Children of working families who participate in
14 the diversion program to strengthen Florida's families under
15 s. 445.018.
16 (8) The community child care coordinating agencies
17 shall assist participants in the welfare transition WAGES
18 program and former participants of the program who are
19 eligible for subsidized child care in developing cooperative
20 child care arrangements whereby participants support and
21 assist one another in meeting child care needs at minimal cost
22 to the individual participant.
23 (10) A family that is eligible to participate in the
24 subsidized child care program shall be considered a needy
25 family for purposes of the program funded through the federal
26 Temporary Assistance for Needy Families (TANF) block grant, to
27 the extent permitted by the appropriation of funds.
28 Section 88. Paragraph (g) of subsection (1) of section
29 402.33, Florida Statutes, is amended to read:
30 402.33 Department authority to charge fees for
31 services provided.--
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1 (1) As used in this section, the term:
2 (g) "State and federal aid" means cash assistance or
3 cash equivalent benefits based on an individual's proof of
4 financial need, including, but not limited to, temporary cash
5 assistance under the WAGES Program and food stamps.
6 Section 89. Paragraph (a) of subsection (3) of section
7 402.40, Florida Statutes, is amended to read:
8 402.40 Child welfare training academies established;
9 Child Welfare Standards and Training Council created;
10 responsibilities of council; Child Welfare Training Trust Fund
11 created.--
12 (3) CHILD WELFARE STANDARDS AND TRAINING COUNCIL.--
13 (a) There is created within the Department of Children
14 and Family Services the Child Welfare Training Council,
15 hereinafter referred to as the council. The 21-member council
16 shall consist of the Commissioner of Education or his or her
17 designee; a member of the judiciary who has experience in the
18 area of dependency and has served at least 3 years in the
19 Juvenile Division of the circuit court, to be appointed by the
20 Chief Justice of the Supreme Court; and 19 members to be
21 appointed by the Secretary of Children and Family Services as
22 follows:
23 1. Nine members shall be dependency program staff:
24 a. An intake supervisor or counselor, a protective
25 services supervisor or counselor, a foster care supervisor or
26 counselor, and an adoption and related services supervisor or
27 counselor. Each such member shall have at least 5 years'
28 experience working with children and families, at least two
29 members shall each have a master's degree in social work, and
30 any member not having a master's degree in social work shall
31 have at least a bachelor's degree in social work, child
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1 development, behavioral psychology, or any other discipline
2 directly related to providing care or counseling for families.
3 b. A representative from a licensed, residential
4 child-caring agency contracted with by the state; a
5 representative from a runaway shelter or similar program
6 primarily serving adolescents, which shelter or program must
7 be contracted with by the state; and a representative from a
8 licensed child-placing agency contracted with by the state.
9 At least two of these members shall each have a master's
10 degree in social work, and any member not having a master's
11 degree in social work shall have a degree as cited in
12 sub-subparagraph a. All three members shall have at least 5
13 years' experience working with children and families.
14 c. A family foster home parent and an emergency
15 shelter home parent, both of whom shall have been providing
16 such care for at least 5 years and shall have participated in
17 training for foster parents or shelter parents on an ongoing
18 basis.
19 2. One member shall be a supervisor or counselor from
20 the temporary cash assistance WAGES program.
21 3. Two members shall be educators from the state's
22 university and community college programs of social work,
23 child development, psychology, sociology, or other field of
24 study pertinent to the training of dependency program staff.
25 4. One member shall be a pediatrician with expertise
26 in the area of child abuse and neglect.
27 5. One member shall be a psychiatrist or licensed
28 clinical psychologist with extensive experience in counseling
29 children and families.
30 6. One member shall be an attorney with extensive
31 experience in the practice of family law.
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1 7. One member shall be a guardian ad litem or a child
2 welfare attorney, either of whom shall have extensive
3 experience in the representation of children.
4 8. One member shall be a state attorney with
5 experience and expertise in the area of dependency and family
6 law.
7 9. One member shall be a representative from a local
8 law enforcement unit specializing in child abuse and neglect.
9 10. One member shall be a lay citizen who is a member
10 of a child advocacy organization.
11
12 The initial members of the council shall be appointed within
13 30 days of the effective date of this section. Of the initial
14 appointments, the member appointed by the Chief Justice of the
15 Supreme Court, three members appointed pursuant to
16 subparagraph 1., one member appointed pursuant to subparagraph
17 3., and the members specified in subparagraphs 4. and 5. shall
18 be appointed to terms of 3 years each; three members appointed
19 pursuant to subparagraph 1., one of the members appointed
20 pursuant to subparagraph 3., and the members specified in
21 subparagraphs 2., 6., and 7. shall be appointed for terms of 2
22 years each; and three members appointed pursuant to
23 subparagraph 1., and the members specified in subparagraphs
24 8., 9., and 10. shall be appointed to terms of 1 year each.
25 Thereafter, all appointed members shall serve terms of 3 years
26 each. No person shall serve more than two consecutive terms.
27 Section 90. Subsection (4) of section 402.45, Florida
28 Statutes, is amended to read:
29 402.45 Community resource mother or father program.--
30 (4) A community resource mother or father shall be an
31 individual who by residence and resources is able to identify
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1 with the target population, and meets the following minimum
2 criteria:
3 (a) Is at least 25 years of age.
4 (b) Is a mother or father.
5 (c) Is a recipient of temporary cash assistance under
6 the WAGES Program or a person with an income below the federal
7 poverty level, or has an income equivalent to community
8 clients.
9 Section 91. Subsection (3) of section 403.973, Florida
10 Statutes, is amended to read:
11 403.973 Expedited permitting; comprehensive plan
12 amendments.--
13 (3)(a) The Governor, through the office, shall direct
14 the creation of regional permit action teams, for the purpose
15 of expediting review of permit applications and local
16 comprehensive plan amendments submitted by:
17 1. Businesses creating at least 100 jobs, or
18 2. Businesses creating at least 50 jobs if the project
19 is located in an enterprise zone, or in a county having a
20 population of less than 75,000 or in a county having a
21 population of less than 100,000 which is contiguous to a
22 county having a population of less than 75,000, as determined
23 by the most recent decennial census, residing in incorporated
24 and unincorporated areas of the county, or
25 (b) On a case-by-case basis and at the request of a
26 county or municipal government, the office may certify as
27 eligible for expedited review a project not meeting the
28 minimum job creation thresholds but creating a minimum of 10
29 jobs. The recommendation from the governing body of the county
30 or municipality in which the project may be located is
31 required in order for the office to certify that any project
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1 is eligible for expedited review under this paragraph. When
2 considering projects that do not meet the minimum job creation
3 thresholds but that are recommended by the governing body in
4 which the project may be located, the office shall consider
5 economic impact factors that include, but are not limited to:
6 1. The proposed wage and skill levels relative to
7 those existing in the area in which the project may be
8 located;
9 2. The project's potential to diversify and strengthen
10 the area's economy;
11 3. The amount of capital investment; and
12 4. The number of jobs that will be made available for
13 persons served by the welfare transition WAGES program.
14 (c) At the request of a county or municipal
15 government, the office or a Quick Permitting County may
16 certify projects located in counties where the ratio of new
17 jobs per participant in the welfare transition program WAGES
18 client, as determined by the Workforce Florida, Inc.
19 Development Board of Enterprise Florida, is less than one or
20 otherwise critical, as eligible for the expedited permitting
21 process. Such projects must meet the numerical job creation
22 criteria of this subsection, but the jobs created by the
23 project do not have to be high-wage jobs that diversify the
24 state's economy.
25 Section 92. Subsection (7) of section 409.2554,
26 Florida Statutes, is amended to read:
27 409.2554 Definitions.--As used in ss.
28 409.2551-409.2598, the term:
29 (7) "Public assistance" means food stamps, money
30 assistance paid on the basis of Title IV-E and Title XIX of
31
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1 the Social Security Act, or temporary cash assistance paid
2 under the WAGES Program.
3 Section 93. Subsection (7) of section 409.2564,
4 Florida Statutes, is amended to read:
5 409.2564 Actions for support.--
6 (7) In a judicial circuit with a work experience and
7 job training pilot project, if the obligor is a noncustodial
8 parent of a child receiving public assistance as defined in
9 this chapter, is unemployed or underemployed or has no income,
10 then the court shall order the obligor to seek employment, if
11 the obligor is able to engage in employment, and to
12 immediately notify the court upon obtaining employment, upon
13 obtaining any income, or upon obtaining any ownership of any
14 asset with a value of $500 or more. If the obligor is still
15 unemployed 30 days after any order for support, the court
16 shall order the obligor to enroll in a work experience, job
17 placement, and job training program for noncustodial parents
18 as established in s. 414.38.
19 Section 94. Subsection (1) of section 409.259, Florida
20 Statutes, is amended to read:
21 409.259 Partial payment of filing fees.--
22 (1) Notwithstanding s. 28.241, each clerk of the
23 circuit court shall only be reimbursed at the prevailing rate
24 of federal financial participation on the amount of $40 for
25 each civil action, suit, or proceeding for support instituted
26 in the circuit court in which the parent is not receiving
27 temporary cash assistance under the WAGES Program. The
28 prevailing rate of the state match shall be paid by the local
29 government in the form of a certified public expenditure. The
30 clerk of the circuit court shall bill the department monthly.
31 The clerk of the circuit court and the department shall
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1 maintain a monthly log of the number of civil actions, suits,
2 or proceedings filed in which the parent does not receive
3 temporary assistance. These monthly logs will be used to
4 determine the number of $40 filings the clerk of court may
5 submit for reimbursement at the prevailing rate of federal
6 financial participation.
7 Section 95. Paragraph (c) of subsection (1) of section
8 409.903, Florida Statutes, is amended to read:
9 409.903 Mandatory payments for eligible persons.--The
10 agency shall make payments for medical assistance and related
11 services on behalf of the following persons who the agency
12 determines to be eligible, subject to the income, assets, and
13 categorical eligibility tests set forth in federal and state
14 law. Payment on behalf of these Medicaid eligible persons is
15 subject to the availability of moneys and any limitations
16 established by the General Appropriations Act or chapter 216.
17 (1) Low-income families with children are eligible for
18 Medicaid provided they meet the following requirements:
19 (c) The family's countable income and resources do not
20 exceed the applicable Aid to Families with Dependent Children
21 (AFDC) income and resource standards under the AFDC state plan
22 in effect in July 1996, except as amended in the Medicaid
23 state plan to conform as closely as possible to the
24 requirements of the welfare transition WAGES program as
25 created in s. 414.015, to the extent permitted by federal law.
26 Section 96. Section 409.942, Florida Statutes, is
27 amended to read:
28 409.942 Electronic benefit transfer program.--
29 (1) The Department of Children and Family Services
30 shall establish an electronic benefit transfer program for the
31 dissemination of food stamp benefits and temporary assistance
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1 payments, including refugee cash assistance payments, asylum
2 applicant payments, and child support disregard payments. If
3 the Federal Government does not enact legislation or
4 regulations providing for dissemination of supplemental
5 security income by electronic benefit transfer, the state may
6 include supplemental security income in the electronic benefit
7 transfer program.
8 (2) The department shall, in accordance with
9 applicable federal laws and regulations, develop minimum
10 program requirements and other policy initiatives for the
11 electronic benefit transfer program and shall have at least
12 one operational pilot program in place by July 1, 1996.
13 (3) The department shall enter into public-private
14 contracts for all provisions of electronic transfer of public
15 assistance benefits, including, but not limited to, the
16 necessary electronic equipment and technical support for the
17 electronic benefit transfer pilot program.
18 (4) Workforce Florida, Inc., through the Agency for
19 Workforce Innovation, shall establish an electronic benefit
20 transfer program for the use and management of education,
21 training, childcare, transportation, and other program
22 benefits under its direction. The workforce electronic benefit
23 transfer program shall fulfill all federal and state
24 requirements for Individual Training Accounts, Retention
25 Incentive Training Accounts, Individual Development Accounts,
26 and Individual Services Accounts. The workforce electronic
27 benefit transfer program shall be designed to enable an
28 individual who receives an electronic benefit transfer card
29 under subsection (1) to use that card for purposes of benefits
30 provided under the workforce development system as well. The
31 Department of Children and Family Services shall assist
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1 Workforce Florida, Inc., in developing an electronic benefit
2 transfer program for the workforce development system that is
3 fully compatible with the department's electronic benefit
4 transfer program. The agency shall reimburse the department
5 for all costs incurred in providing such assistance and shall
6 pay all costs for the development of the workforce electronic
7 benefit transfer program.
8 Section 97. Paragraph (b) of subsection (4) and
9 paragraph (a) of subsection (6) of section 411.01, Florida
10 Statutes, are amended to read:
11 411.01 Florida Partnership for School Readiness;
12 school readiness coalitions.--
13 (4) FLORIDA PARTNERSHIP FOR SCHOOL READINESS.--
14 (b)1. The Florida Partnership for School Readiness
15 shall include the Lieutenant Governor or his or her designee,
16 the Commissioner of Education, the Secretary of Children and
17 Family Services, the Secretary of Health, the chair of the
18 Child Care Executive Partnership Board, and the chairperson of
19 the WAGES Program State board of directors of Workforce
20 Florida, Inc.
21 2. The partnership shall also include 10 members of
22 the public who shall be business, community, and civic leaders
23 in the state who are not elected to public office. These
24 members and their families must not be providers in the early
25 education and child care industry. The members must be
26 geographically and demographically representative of the
27 state. Each member shall be appointed by the Governor. Eight
28 of the members shall be appointed from a list of 10 nominees,
29 of which five must be submitted by the President of the Senate
30 and five must be submitted by the Speaker of the House of
31 Representatives. Members shall be appointed to 4-year terms of
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1 office. However, of the initial appointees, two shall be
2 appointed to 1-year terms, two shall be appointed to 2-year
3 terms, three shall be appointed to 3-year terms, and three
4 shall be appointed to 4-year terms. The members of the
5 partnership shall elect a chairperson annually from the
6 nongovernmental members of the partnership. Any vacancy on the
7 partnership shall be filled in the same manner as the original
8 appointment.
9
10 To ensure that the system for measuring school readiness is
11 comprehensive and appropriate statewide, as the system is
12 developed and implemented, the partnership must consult with
13 representatives of district school systems, providers of
14 public and private child care, health care providers, large
15 and small employers, experts in education for children with
16 disabilities, and experts in child development.
17 (6) PROGRAM ELIGIBILITY.--The school readiness program
18 shall be established for children under the age of
19 kindergarten eligibility. Priority for participation in the
20 school readiness program shall be given to children who meet
21 one or more of the following criteria:
22 (a) Children under the age of kindergarten eligibility
23 who are:
24 1. Children determined to be at risk of abuse,
25 neglect, or exploitation and who are currently clients of the
26 Children and Family Services Program Office of the Department
27 of Children and Family Services.
28 2. Children at risk of welfare dependency, including
29 economically disadvantaged children, children of participants
30 in the welfare transition WAGES program, children of migrant
31 farmworkers, and children of teen parents.
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1 3. Children of working families whose family income
2 does not exceed 150 percent of the federal poverty level.
3
4 An "economically disadvantaged" child means a child whose
5 family income is below 150 percent of the federal poverty
6 level. Notwithstanding any change in a family's economic
7 status, but subject to additional family contributions in
8 accordance with the sliding fee scale, a child who meets the
9 eligibility requirements upon initial registration for the
10 program shall be considered eligible until the child reaches
11 kindergarten age.
12 Section 98. Paragraph (a) of subsection (3) of section
13 411.232, Florida Statutes, is amended to read:
14 411.232 Children's Early Investment Program.--
15 (3) ESSENTIAL ELEMENTS.--
16 (a) Initially, the program shall be directed to
17 geographic areas where at-risk young children and their
18 families are in greatest need because of an unfavorable
19 combination of economic, social, environmental, and health
20 factors, including, without limitation, extensive poverty,
21 high crime rate, great incidence of low birthweight babies,
22 high incidence of alcohol and drug abuse, and high rates of
23 teenage pregnancy. The selection of a geographic site shall
24 also consider the incidence of young children within these
25 at-risk geographic areas who are cocaine babies, children of
26 single mothers who receive temporary cash assistance
27 participate in the WAGES Program, children of teenage parents,
28 low birthweight babies, and very young foster children. To
29 receive funding under this section, an agency, board, council,
30 or provider must demonstrate:
31
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1 1. Its capacity to administer and coordinate the
2 programs and services in a comprehensive manner and provide a
3 flexible range of services;
4 2. Its capacity to identify and serve those children
5 least able to access existing programs and case management
6 services;
7 3. Its capacity to administer and coordinate the
8 programs and services in an intensive and continuous manner;
9 4. The proximity of its facilities to young children,
10 parents, and other family members to be served by the program,
11 or its ability to provide offsite services;
12 5. Its ability to use existing federal, state, and
13 local governmental programs and services in implementing the
14 investment program;
15 6. Its ability to coordinate activities and services
16 with existing public and private, state and local agencies and
17 programs such as those responsible for health, education,
18 social support, mental health, child care, respite care,
19 housing, transportation, alcohol and drug abuse treatment and
20 prevention, income assistance, employment training and
21 placement, nutrition, and other relevant services, all the
22 foregoing intended to assist children and families at risk;
23 7. How its plan will involve project participants and
24 community representatives in the planning and operation of the
25 investment program;
26 8. Its ability to participate in the evaluation
27 component required in this section; and
28 9. Its consistency with the strategic plan pursuant to
29 s. 411.221.
30 Section 99. Paragraph (a) of subsection (3) of section
31 411.242, Florida Statutes, is amended to read:
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1 411.242 Florida Education Now and Babies Later (ENABL)
2 program.--
3 (3) ESSENTIAL ELEMENTS.--
4 (a) The ENABL program should be directed to geographic
5 areas in the state where the childhood birth rate is higher
6 than the state average and where the children and their
7 families are in greatest need because of an unfavorable
8 combination of economic, social, environmental, and health
9 factors, including, without limitation, extensive poverty,
10 high crime rate, great incidence of low birthweight babies,
11 high incidence of alcohol and drug abuse, and high rates of
12 childhood pregnancy. The selection of a geographic site shall
13 also consider the incidence of young children within these
14 at-risk geographic areas who are cocaine babies, children of
15 single mothers who receive temporary cash assistance
16 participate in the WAGES Program, children of teenage parents,
17 low birthweight babies, and very young foster children. To
18 receive funding under this section, a community-based local
19 contractor must demonstrate:
20 1. Its capacity to administer and coordinate the ENABL
21 pregnancy prevention public education program and services for
22 children and their families in a comprehensive manner and to
23 provide a flexible range of age-appropriate educational
24 services.
25 2. Its capacity to identify and serve those children
26 least able to access existing pregnancy prevention public
27 education programs.
28 3. Its capacity to administer and coordinate the ENABL
29 programs and services in an intensive and continuous manner.
30 4. The proximity of its program to young children,
31 parents, and other family members to be served by the ENABL
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1 program, or its ability to provide offsite educational
2 services.
3 5. Its ability to incorporate existing federal, state,
4 and local governmental educational programs and services in
5 implementing the ENABL program.
6 6. Its ability to coordinate its activities and
7 educational services with existing public and private state
8 and local agencies and programs, such as those responsible for
9 health, education, social support, mental health, child care,
10 respite care, housing, transportation, alcohol and drug abuse
11 treatment and prevention, income assistance, employment
12 training and placement, nutrition, and other relevant
13 services, all of the foregoing intended to assist children and
14 families at risk.
15 7. How its plan will involve project participants and
16 community representatives in the planning and operation of the
17 ENABL program.
18 8. Its ability to participate in the evaluation
19 component required in this section.
20 9. Its consistency with the strategic plan pursuant to
21 s. 411.221.
22 10. Its capacity to match state funding for the ENABL
23 program at the rate of $1 in cash or in matching services for
24 each dollar funded by the state.
25 Section 100. Subsection (6) of section 413.82, Florida
26 Statutes, is amended to read:
27 413.82 Definitions.--As used in ss. 413.81-413.93, the
28 term:
29 (6) "Region" means a service area for a regional
30 workforce development board established by the Workforce
31 Florida Inc. Development Board.
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