House Bill 1889

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                HB 1889

        By the Committee on Community Colleges & Career Prep and
    Representative Harrington





  1                      A bill to be entitled

  2         An act relating to the consensus estimating

  3         conferences; amending s. 216.136, F.S.;

  4         renaming the Occupational Forecasting

  5         Conference as the Workforce and Economic

  6         Development Estimating Conference; revising the

  7         duties of the conference; revising the

  8         principals of the conference; changing the

  9         presiding principal of the conference; amending

10         ss. 239.115, 239.249, 239.514, 240.40207,

11         288.7091, 288.9950, 288.9951, 288.9952,

12         288.9958, and 414.065, F.S., to conform to the

13         conference name change; providing an effective

14         date.

15

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

17

18         Section 1.  Subsection (10) of section 216.136, Florida

19  Statutes, is amended to read:

20         216.136  Consensus estimating conferences; duties and

21  principals.--

22         (10)  WORKFORCE AND ECONOMIC DEVELOPMENT ESTIMATING

23  OCCUPATIONAL FORECASTING CONFERENCE.--

24         (a)  Duties.--

25         1.  The Workforce and Economic Development Estimating

26  Occupational Forecasting Conference shall develop such

27  official information on the workforce development system

28  planning process and the economic development efforts of this

29  state as it relates to the personnel needs of current, new,

30  and emerging industries as the conference determines is needed

31  by the state planning and budgeting system.  Such information,

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1889

    613-128-00






  1  using quantitative and qualitative research methods, must

  2  include at least:  short-term and long-term forecasts of

  3  employment demand for high-skills/high-wage jobs by occupation

  4  and industry; entry and average relative wage forecasts among

  5  those occupations; and estimates of the supply of trained and

  6  qualified individuals available or potentially available for

  7  employment in those occupations, with special focus upon those

  8  occupations and industries which require high skills and have

  9  high entry wages and experienced wage levels.  In the

10  development of workforce estimates, the conference shall use,

11  to the fullest extent possible, local occupational and

12  workforce forecasts and estimates.

13         2.  During each legislative session, and at other times

14  if necessary, the Workforce and Economic Development

15  Estimating Conference shall meet as the Workforce and Economic

16  Development Impact Conference for the purpose of determining

17  the effects of legislation related to the state's workforce

18  and economic development efforts introduced prior to and

19  during such legislative session.  In addition to the

20  designated principals of the impact conference, nonprincipal

21  participants of the impact conference shall include a

22  representative of the Florida Chamber of Commerce and other

23  interested parties.  The impact conference shall use both

24  quantitative and qualitative research methods to determine the

25  impact of introduced legislation related to workforce and

26  economic development issues.

27         3.  Notwithstanding subparagraph 2., the Workforce and

28  Economic Development Estimating Conference, for the purposes

29  described in subparagraph 1., shall meet no less than two

30  times in a calendar year.  The first meeting shall be held in

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1889

    613-128-00






  1  February and the second meeting shall be held in August. Other

  2  meetings may be scheduled as needed.

  3         (b)  Principals.--The Commissioner of Education, the

  4  Executive Office of the Governor, the director of the Office

  5  of Tourism, Trade, and Economic Development, the Secretary of

  6  Labor and Employment Security, the Chancellor of the State

  7  University System, the Executive Director of the State Board

  8  of Community Colleges, the Chair of the State Board of

  9  Nonpublic Career Education, the Chair of the Workforce

10  Development Board, and the coordinator of the Office of

11  Economic and Demographic Research, and professional staff from

12  the Senate and the House of Representatives who have

13  forecasting and substantive expertise, or their designees, are

14  the principals of the Workforce and Economic Development

15  Estimating Occupational Forecasting Conference.  In addition

16  to the designated principals of the conference, nonprincipal

17  participants of the conference shall include a representative

18  of the Florida Chamber of Commerce and other interested

19  parties.  The principal representing the Executive Office of

20  the Governor Commissioner of Education, or the commissioner's

21  designee, shall preside over the sessions of the conference.

22         Section 2.  Paragraph (c) of subsection (4) and

23  paragraph (a) of subsection (9) of section 239.115, Florida

24  Statutes, are amended to read:

25         239.115  Funds for operation of adult general education

26  and vocational education programs.--

27         (4)  The Florida Workforce Development Education Fund

28  is created to provide performance-based funding for all

29  workforce development programs, whether the programs are

30  offered by a school district or a community college. Funding

31  for all workforce development education programs must be from

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1889

    613-128-00






  1  the Workforce Development Education Fund and must be based on

  2  cost categories, performance output measures, and performance

  3  outcome measures. This subsection takes effect July 1, 1999.

  4         (c)  The performance outcome measures for programs

  5  funded through the Workforce Development Education Fund are

  6  associated with placement and retention of students after

  7  reaching a completion point or completing a program of study.

  8  These measures include placement or retention in employment

  9  that is related to the program of study; placement into or

10  retention in employment in an occupation on the Workforce and

11  Economic Development Estimating Occupational Forecasting

12  Conference list of high-wage, high-skill occupations with

13  sufficient openings; and placement and retention of WAGES

14  clients or former WAGES clients in employment. Continuing

15  postsecondary education at a level that will further enhance

16  employment is a performance outcome for adult general

17  education programs. Placement and retention must be reported

18  pursuant to ss. 229.8075 and 239.233.

19         (9)  The Department of Education, the State Board of

20  Community Colleges, and the Jobs and Education Partnership

21  shall provide the Legislature with recommended formulas,

22  criteria, timeframes, and mechanisms for distributing

23  performance funds. The commissioner shall consolidate the

24  recommendations and develop a consensus proposal for funding.

25  The Legislature shall adopt a formula and distribute the

26  performance funds to the Division of Community Colleges and

27  the Division of Workforce Development through the General

28  Appropriations Act. These recommendations shall be based on

29  formulas that would discourage low-performing or low-demand

30  programs and encourage through performance-funding awards:

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1889

    613-128-00






  1         (a)  Programs that prepare people to enter high-wage

  2  occupations identified by the Workforce and Economic

  3  Development Estimating Occupational Forecasting Conference

  4  created by s. 216.136 and other programs as approved by the

  5  Jobs and Education Partnership. At a minimum, performance

  6  incentives shall be calculated for adults who reach completion

  7  points or complete programs that lead to specified high-wage

  8  employment and to their placement in that employment.

  9         Section 3.  Paragraph (a) of subsection (3) and

10  subsection (11) of section 239.249, Florida Statutes, are

11  amended to read:

12         239.249  Market-driven, performance-based incentive

13  funding for vocational and technical education programs.--

14         (3)  In any year in which the Legislature designates

15  funds for performance-based incentive funding for vocational

16  and technical education programs provided by school districts

17  or community colleges, the Division of Workforce Development

18  shall provide the Jobs and Education Partnership with

19  recommended formulae, criteria, timeframes, and mechanisms for

20  distributing funds. The partnership shall adopt a formula and

21  advise the Division of Community Colleges and the Division of

22  Workforce Development of the expected incentive award earnings

23  of school districts or colleges. The partnership shall base

24  these calculations on formulae that would provide incentive

25  awards or grants for:

26         (a)  Programs that prepare people to enter high-wage

27  occupations identified by the Workforce and Economic

28  Development Estimating Occupational Forecasting Conference

29  created by s. 216.136 and other programs as approved by the

30  Jobs and Education Partnership. Local school district

31  superintendents, community college presidents, and private

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1889

    613-128-00






  1  industry councils shall receive the Workforce and Economic

  2  Development Estimating Occupational Forecasting Conference

  3  results for their respective geographic areas to assess local

  4  applicability. At a minimum, performance incentives shall be

  5  calculated for people who complete programs that lead to

  6  specified high-wage employment and their placement in that

  7  employment. Leavers with marketable skills may also be

  8  calculated for the purposes of this paragraph. Baseline

  9  information for these calculations shall be based upon

10  institutional information compiled by the Florida Education

11  and Training Placement Information Program for the 1992-1993

12  school year. The baseline information calculated for the

13  purposes of this paragraph shall be adjusted for a 3-percent

14  annual increase in productivity beginning in 1995-1996.

15         (11)  The Jobs and Education Partnership may add

16  occupations to the list of recommendations produced by the

17  Workforce and Economic Development Estimating Occupational

18  Forecasting Conference if the Quick-Response Advisory

19  Committee recommends them as emerging occupations according to

20  s. 288.047.

21         Section 4.  Subsection (3) of section 239.514, Florida

22  Statutes, is amended to read:

23         239.514  Workforce Development Capitalization Incentive

24  Grant Program.--The Legislature recognizes that the need for

25  school districts and community colleges to be able to respond

26  to emerging local or statewide economic development needs is

27  critical to the workforce development system. The Workforce

28  Development Capitalization Incentive Grant Program is created

29  to provide grants to school districts and community colleges

30  on a competitive basis to fund some or all of the costs

31  associated with the creation or expansion of workforce

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1889

    613-128-00






  1  development programs that serve specific employment workforce

  2  needs.

  3         (3)  The commission shall give highest priority to

  4  programs that train people to enter high-skill, high-wage

  5  occupations identified by the Workforce and Economic

  6  Development Estimating occupational forecasting Conference and

  7  other programs approved by the Jobs and Education Partnership;

  8  programs that train people to enter occupations on the WAGES

  9  list; or programs that train for the workforce adults who are

10  eligible for public assistance, economically disadvantaged,

11  disabled, not proficient in English, or dislocated workers.

12  The commission shall consider the statewide geographic

13  dispersion of grant funds in ranking the applications and

14  shall give priority to applications from education agencies

15  that are making maximum use of their workforce development

16  funding by offering high-performing, high-demand programs.

17         Section 5.  Paragraph (a) of subsection (1) of section

18  240.40207, Florida Statutes, is amended to read:

19         240.40207  Florida Gold Seal Vocational Scholars

20  award.--The Florida Gold Seal Vocational Scholars award is

21  created within the Florida Bright Futures Scholarship Program

22  to recognize and reward academic achievement and vocational

23  preparation by high school students who wish to continue their

24  education.

25         (1)  A student is eligible for a Florida Gold Seal

26  Vocational Scholars award if the student meets the general

27  eligibility requirements for the Florida Bright Futures

28  Scholarship Program and the student:

29         (a)  Completes the secondary school portion of a

30  sequential program of studies that requires at least three

31  secondary school vocational credits taken over at least 2

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1889

    613-128-00






  1  academic years, and is continued in a planned, related

  2  postsecondary education program. If the student's school does

  3  not offer such a two-plus-two or tech-prep program, the

  4  student must complete a job-preparatory career education

  5  program selected by the Workforce and Economic Development

  6  Estimating Occupational Forecasting Conference or the

  7  Workforce Development Board of Enterprise Florida for its

  8  ability to provide high-wage employment in an occupation with

  9  high potential for employment opportunities. On-the-job

10  training may not be substituted for any of the three required

11  vocational credits.

12         Section 6.  Subsection (3) of section 288.7091, Florida

13  Statutes, is amended to read:

14         288.7091  Duties of the Florida Black Business

15  Investment Board.--The Florida Black Business Investment Board

16  shall:

17         (3)  Include in the criteria for loan decisions,

18  Workforce and Economic Development Estimating Conference

19  occupational forecasting results set forth in s. 216.136(10)

20  which target high growth jobs;

21         Section 7.  Paragraph (g) of subsection (3) of section

22  288.9950, Florida Statutes, is amended to read:

23         288.9950  Workforce Florida Act of 1996.--

24         (3)  These principles should guide the state's efforts:

25         (g)  Job training curricula must be developed in

26  concert with the input and needs of existing employers and

27  businesses, and must consider the anticipated demand for

28  targeted job opportunities, as specified by the Workforce and

29  Economic Development Estimating Occupational Forecasting

30  Conference under s. 216.136.

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1889

    613-128-00






  1         Section 8.  Paragraph (a) of subsection (8) of section

  2  288.9951, Florida Statutes, is amended to read:

  3         288.9951  One-Stop Career Centers.--

  4         (8)(a)  Individual Training Accounts must be expended

  5  on programs that prepare people to enter high-wage occupations

  6  identified by the Workforce and Economic Development

  7  Estimating Occupational Forecasting Conference created by s.

  8  216.136, and on other programs as approved by the Workforce

  9  Development Board.

10         Section 9.  Paragraph (e) of subsection (6) and

11  paragraph (b) of subsection (9) of section 288.9952, Florida

12  Statutes, are amended to read:

13         288.9952  Workforce Development Board.--

14         (6)  The Workforce Development Board may take action

15  that it deems necessary to achieve the purposes of this

16  section and consistent with the policies of the board of

17  directors of Enterprise Florida, Inc., in partnership with

18  private enterprises, public agencies, and other organizations.

19  The Workforce Development Board shall advise and make

20  recommendations to the board of directors of Enterprise

21  Florida, Inc., and through that board of directors to the

22  State Board of Education and the Legislature concerning action

23  needed to bring about the following benefits to the state's

24  social and economic resources:

25         (e)  A system to project and evaluate labor market

26  supply and demand using the results of the Workforce and

27  Economic Development Estimating Occupational Forecasting

28  Conference created in s. 216.136 and the career education

29  performance standards identified under s. 239.233.

30         (9)  The Workforce Development Board, in collaboration

31  with the regional workforce development boards and appropriate

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1889

    613-128-00






  1  state agencies and local public and private service providers,

  2  and in consultation with the Office of Program Policy Analysis

  3  and Government Accountability, shall establish uniform

  4  measures and standards to gauge the performance of the

  5  workforce development strategy. These measures and standards

  6  must be organized into three outcome tiers.

  7         (b)  The second tier of measures must be organized to

  8  provide a set of benchmark outcomes for One-Stop Career

  9  Centers and each of the strategic components of the workforce

10  development strategy. A set of standards and measures must be

11  developed for One-Stop Career Centers, youth employment

12  activities, WAGES, and High Skills/High Wages, targeting the

13  specific goals of each particular strategic component. Cost

14  per entered employment, earnings at placement, retention in

15  employment, job placement, and entered employment rate must be

16  included among the performance outcome measures.

17         1.  Appropriate measures for One-Stop Career Centers

18  may include direct job placements at minimum wage, at a wage

19  level established by the Workforce and Economic Development

20  Estimating Occupational Forecasting Conference, and at a wage

21  level above the level established by the Workforce and

22  Economic Development Estimating Occupational Forecasting

23  Conference.

24         2.  Appropriate measures for youth employment

25  activities may include the number of students enrolling in and

26  completing work-based programs, including apprenticeship

27  programs; job placement rate; job retention rate; wage at

28  placement; and wage growth.

29         3.  WAGES measures may include job placement rate, job

30  retention rate, wage at placement, wage growth, reduction and

31

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1889

    613-128-00






  1  elimination of reliance on public assistance, and savings

  2  resulting from reduced reliance on public assistance.

  3         4.  High Skills/High Wages measures may include job

  4  placement rate, job retention rate, wage at placement, and

  5  wage growth.

  6         Section 10.  Subsection (1) of section 288.9958,

  7  Florida Statutes, is amended to read:

  8         288.9958  Employment, Occupation, and Performance

  9  Information Coordinating Committee.--

10         (1)  By July 15, 1999, the chairman of the Workforce

11  Development Board shall appoint an Employment, Occupation, and

12  Performance Information Coordinating Committee, which shall

13  assemble all employment, occupational, and performance

14  information from workforce development partners into a single

15  integrated informational system. The committee shall include

16  representatives from the Bureau of Labor Market and

17  Performance Information, Florida Education and Training

18  Placement Information Program, and the State Workforce and

19  Economic Development Estimating Occupational Forecasting

20  Conference, as well as other public or private members with

21  information expertise.

22         Section 11.  Paragraph (g) of subsection (1) of section

23  414.065, Florida Statutes, is amended to read:

24         414.065  Work requirements.--

25         (1)  WORK ACTIVITIES.--The following activities may be

26  used individually or in combination to satisfy the work

27  requirements for a participant in the WAGES Program:

28         (g)  Vocational education or training.--Vocational

29  education or training is education or training designed to

30  provide participants with the skills and certification

31  necessary for employment in an occupational area. Vocational

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1889

    613-128-00






  1  education or training may be used as a primary program

  2  activity for participants when it has been determined that the

  3  individual has demonstrated compliance with other phases of

  4  program participation and successful completion of the

  5  vocational education or training is likely to result in

  6  employment entry at a higher wage than the participant would

  7  have been likely to attain without completion of the

  8  vocational education or training. Vocational education or

  9  training may be combined with other program activities and

10  also may be used to upgrade skills or prepare for a higher

11  paying occupational area for a participant who is employed.

12         1.  Unless otherwise provided in this section,

13  vocational education shall not be used as the primary program

14  activity for a period which exceeds 12 months. The 12-month

15  restriction applies to instruction in a career education

16  program and does not include remediation of basic skills,

17  including English language proficiency, if remediation is

18  necessary to enable a WAGES participant to benefit from a

19  career education program. Any necessary remediation must be

20  completed before a participant is referred to vocational

21  education as the primary work activity. In addition, use of

22  vocational education or training shall be restricted to the

23  limitation established in federal law. Vocational education

24  included in a program leading to a high school diploma shall

25  not be considered vocational education for purposes of this

26  section.

27         2.  When possible, a provider of vocational education

28  or training shall use funds provided by funding sources other

29  than the department or the local WAGES coalition. Either

30  department may provide additional funds to a vocational

31  education or training provider only if payment is made

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1889

    613-128-00






  1  pursuant to a performance-based contract. Under a

  2  performance-based contract, the provider may be partially paid

  3  when a participant completes education or training, but the

  4  majority of payment shall be made following the participant's

  5  employment at a specific wage or job retention for a specific

  6  duration. Performance-based payments made under this

  7  subparagraph are limited to education or training for targeted

  8  occupations identified by the Workforce and Economic

  9  Development Estimating Occupational Forecasting Conference

10  under s. 216.136, or other programs identified by the

11  Workforce Development Board as beneficial to meet the needs of

12  designated groups, such as WAGES participants, who are hard to

13  place. If the contract pays the full cost of training, the

14  community college or school district may not report the

15  participants for other state funding, except that the college

16  or school district may report WAGES clients for performance

17  incentives or bonuses authorized for student enrollment,

18  completion, and placement.

19         Section 12.  This act shall take effect upon becoming a

20  law.

21

22            *****************************************

23                          HOUSE SUMMARY

24
      Renames the Occupational Forecasting Conference as the
25    Workforce and Economic Development Estimating Conference,
      revises the duties of the conference, revises the
26    principals of the conference, and changes the presiding
      principal of the conference from the Commissioner of
27    Education to the principal representing the Executive
      Office of the Governor.
28

29

30

31

                                  13