CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Hart offered the following:
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13 Amendment (with title amendment)
14 remove from the bill: everything after the enacting clause,
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16 and insert in lieu thereof:
17 Section 1. Section 445.001, Florida Statutes, is
18 created to read:
19 445.001 Short title.--This chapter may be cited as the
20 "Workforce Innovation Act of 2000."
21 Section 2. Section 445.002, Florida Statutes, is
22 created to read:
23 445.002 Definitions.--As used in this chapter, the
24 term:
25 (1) "Agency" means the Agency for Workforce
26 Innovation.
27 (2) "Services and one-time payments" or "services,"
28 when used in reference to individuals who are not receiving
29 temporary cash assistance, means nonrecurrent, short-term
30 benefits designed to deal with a specific crisis situation or
31 episode of need and other services; work subsidies; supportive
1
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 services such as child care and transportation; services such
2 as counseling, case management, peer support, and child care
3 information and referral; transitional services, job
4 retention, job advancement, and other employment-related
5 services; nonmedical treatment for substance abuse or mental
6 health problems; teen pregnancy prevention; two-parent family
7 support, including noncustodial parent employment;
8 court-ordered supervised visitation, and responsible
9 fatherhood services; and any other services that are
10 reasonably calculated to further the purposes of the welfare
11 transition program. Such terms do not include assistance as
12 defined in federal regulations at 45 C.F.R. s. 260.31(a).
13 (3) "Welfare transition services" means those
14 workforce services provided to current or former recipients of
15 temporary cash assistance under chapter 414.
16 Section 3. Section 288.9956, Florida Statutes, is
17 transferred, renumbered as section 445.003, Florida Statutes,
18 and amended to read:
19 445.003 288.9956 Implementation of the federal
20 Workforce Investment Act of 1998.--
21 (1) WORKFORCE INVESTMENT ACT PRINCIPLES.--The state's
22 approach to implementing the federal Workforce Investment Act
23 of 1998, Pub. L. No. 105-220, should have six elements:
24 (a) Streamlining Services.--Florida's employment and
25 training programs must be coordinated and consolidated at
26 locally managed one-stop delivery system Career centers.
27 (b) Empowering Individuals.--Eligible participants
28 will make informed decisions, choosing the qualified training
29 program that best meets their needs.
30 (c) Universal Access.--Through a one-stop delivery
31 system Career Centers, every Floridian will have access to
2
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 employment services.
2 (d) Increased Accountability.--The state, localities,
3 and training providers will be held accountable for their
4 performance.
5 (e) Local Board and Private Sector Leadership.--Local
6 boards will focus on strategic planning, policy development,
7 and oversight of the local system, choosing local managers to
8 direct the operational details of their one-stop delivery
9 system centers Career Centers.
10 (f) Local Flexibility and Integration.--Localities
11 will have exceptional flexibility to build on existing
12 reforms. Unified planning will free local groups from
13 conflicting micromanagement, while waivers and WorkFlex will
14 allow local innovations.
15 (2) FIVE-YEAR PLAN.--The Workforce Florida, Inc.,
16 Development Board shall prepare and submit a 5-year plan,
17 which includes secondary vocational education, to fulfill the
18 early implementation requirements of Pub. L. No. 105-220 and
19 applicable state statutes. Mandatory federal partners and
20 optional federal partners, including the WAGES Program State
21 Board of Directors, shall be fully involved in designing the
22 plan's one-stop delivery Career Center system strategy. The
23 plan shall detail a process to clearly define each program's
24 statewide duties and role relating to the system. Any optional
25 federal partner may immediately choose to fully integrate its
26 program's plan with this plan, which shall, notwithstanding
27 any other state provisions, fulfill all their state planning
28 and reporting requirements as they relate to the one-stop
29 delivery system Career Centers. The plan shall detail a
30 process that would fully integrate all federally mandated and
31 optional partners by the second year of the plan. All optional
3
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 federal program partners in the planning process shall be
2 mandatory participants in the second year of the plan.
3 (3) FUNDING.--
4 (a) Title I, Workforce Investment Act of 1998 funds;
5 Wagner-Peyser funds; and NAFTA/Trade Act funds will be
6 expended based on the Workforce Development Board's 5-year
7 plan of Workforce Florida, Inc. The plan shall outline and
8 direct the method used to administer and coordinate various
9 funds and programs that are operated by various agencies. The
10 following provisions shall also apply to these funds:
11 1. At least 50 percent of the Title I funds for Adults
12 and Dislocated Workers that are passed through to regional
13 workforce development boards shall be allocated to Individual
14 Training Accounts unless a regional workforce development
15 board obtains a waiver from the Workforce Florida, Inc.
16 Development Board. Tuition, fees, and performance-based
17 incentive awards paid in compliance with Florida's
18 Performance-Based Incentive Fund Program qualify as an
19 Individual Training Account expenditure, as do other programs
20 developed by regional workforce development boards in
21 compliance with the Workforce Development Board's policies of
22 Workforce Florida, Inc.
23 2. Fifteen percent of Title I funding shall be
24 retained at the state level and shall be dedicated to state
25 administration and used to design, develop, induce, and fund
26 innovative Individual Training Account pilots, demonstrations,
27 and programs. Of such funds retained at the state level, $2
28 million shall be reserved for the Incumbent Worker Training
29 Program, created under subparagraph 3. Eligible state
30 administration costs include the costs of: funding for of the
31 Workforce Development board and Workforce Development Board's
4
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 staff of Workforce Florida, Inc.; operating fiscal,
2 compliance, and management accountability systems through the
3 Workforce Florida, Inc. Development Board; conducting
4 evaluation and research on workforce development activities;
5 and providing technical and capacity building assistance to
6 regions at the direction of the Workforce Florida, Inc.
7 Development Board. Notwithstanding s. 445.004 288.9952, such
8 administrative costs shall not exceed 25 percent of these
9 funds. An amount not to exceed 75 Seventy percent of these
10 funds shall be allocated to Individual Training Accounts and
11 other workforce development strategies for: the Minority
12 Teacher Education Scholars program, the Certified Teacher-Aide
13 program, the Self-Employment Institute, and other training
14 Individual Training Accounts designed and tailored by the
15 Workforce Florida, Inc. Development Board, including, but not
16 limited to, programs for incumbent workers, displaced
17 homemakers, nontraditional employment, empowerment zones, and
18 enterprise zones. The Workforce Florida, Inc., Development
19 Board shall design, adopt, and fund Individual Training
20 Accounts for distressed urban and rural communities. The
21 remaining 5 percent shall be reserved for the Incumbent Worker
22 Training Program.
23 3. The Incumbent Worker Training Program is created
24 for the purpose of providing grant funding for continuing
25 education and training of incumbent employees at existing
26 Florida businesses. The program will provide reimbursement
27 grants to businesses that pay for preapproved, direct,
28 training-related costs.
29 a. The Incumbent Worker Training Program will be
30 administered by a private business organization, known as the
31 grant administrator, under contract with the Workforce
5
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Florida, Inc. Development Board. Workforce Florida, Inc., at
2 its discretion, may contract with a private business
3 organization to serve as grant administrator.
4 b. To be eligible for the program's grant funding, a
5 business must have been in operation in Florida for a minimum
6 of 1 year prior to the application for grant funding; have at
7 least one full-time employee; demonstrate financial viability;
8 and be current on all state tax obligations. Priority for
9 funding shall be given to businesses with 25 employees or
10 fewer, businesses in rural areas, businesses in distressed
11 inner-city areas, businesses in a qualified targeted industry,
12 or businesses whose grant proposals represent a significant
13 upgrade in employee skills, or businesses whose grant
14 proposals represent a significant layoff avoidance strategy.
15 c. All costs reimbursed by the program must be
16 preapproved by Workforce Florida, Inc., or the grant
17 administrator. The program will not reimburse businesses for
18 trainee wages, the purchase of capital equipment, or the
19 purchase of any item or service that may possibly be used
20 outside the training project. A business approved for a grant
21 may be reimbursed for preapproved, direct, training-related
22 costs including tuition and fees; books and classroom
23 materials; and overhead or indirect administrative costs not
24 to exceed 5 percent of the grant amount.
25 d. A business that is selected to receive grant
26 funding must provide a matching contribution to the training
27 project, including, but not limited to, wages paid to trainees
28 or the purchase of capital equipment used in the training
29 project; must sign an agreement with Workforce Florida, Inc.,
30 or the grant administrator to complete the training project as
31 proposed in the application; must keep accurate records of the
6
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 project's implementation process; and must submit monthly or
2 quarterly reimbursement requests with required documentation.
3 e. All Incumbent Worker Training Program grant
4 projects shall be performance-based with specific measurable
5 performance outcomes, including completion of the training
6 project and job retention. Workforce Florida, Inc., or the
7 grant administrator shall withhold the final payment to the
8 grantee until a final grant report is submitted and all
9 performance criteria specified in the grant contract have been
10 achieved.
11 f. The Workforce Florida, Inc., may Development Board
12 is authorized to establish guidelines necessary to implement
13 the Incumbent Worker Training Program.
14 g. No more than 10 percent of the Incumbent Worker
15 Training Program's total appropriation may be used for
16 overhead or indirect administrative purposes.
17 h. Workforce Florida, Inc., shall The grant
18 administrator is required to submit a report to the Workforce
19 Development Board and the Legislature on the financial and
20 general operations of the Incumbent Worker Training Program.
21 Such report will be due before October December 1 of any
22 fiscal year for which the program is funded by the
23 Legislature.
24 4. At least 50 percent of Rapid Response funding shall
25 be dedicated to Intensive Services Accounts and Individual
26 Training Accounts for dislocated workers and incumbent workers
27 who are at risk of dislocation. The Workforce Florida, Inc.,
28 Development Board shall also maintain an Emergency
29 Preparedness Fund from Rapid Response funds which will
30 immediately issue Intensive Service Accounts and Individual
31 Training Accounts as well as other federally authorized
7
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 assistance to eligible victims of natural or other disasters.
2 At the direction of the Governor, for events that qualify
3 under federal law, these Rapid Response funds shall be
4 released to regional workforce development boards for
5 immediate use. Funding shall also be dedicated to maintain a
6 unit at the state level to respond to Rapid Response
7 emergencies around the state, to work with state emergency
8 management officials, and to work with regional workforce
9 development boards. All Rapid Response funds must be expended
10 based on a plan developed by the Workforce Florida, Inc.,
11 Development Board and approved by the Governor.
12 (b) The administrative entity for Title I, Workforce
13 Investment Act of 1998 funds, and Rapid Response activities,
14 shall will be the Agency for Workforce Innovation, which shall
15 provide determined by the Workforce Development Board, except
16 that the administrative entity for Rapid Response for fiscal
17 year 1999-2000 must be the Department of Labor and Employment
18 Security. The administrative entity will provide services
19 through a contractual agreement with the Workforce Development
20 Board. The terms and conditions of the agreement may include,
21 but are not limited to, the following:
22 1. All policy direction to regional workforce
23 development boards regarding Title I programs and Rapid
24 Response activities pursuant to the direction of shall emanate
25 from the Workforce Florida, Inc Development Board.
26 2. Any policies by a state agency acting as an
27 administrative entity which may materially impact local
28 workforce boards, local governments, or educational
29 institutions must be promulgated under chapter 120.
30 3. The administrative entity will operate under a
31 procedures manual, approved by the Workforce Development
8
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Board, addressing: financial services including cash
2 management, accounting, and auditing; procurement; management
3 information system services; and federal and state compliance
4 monitoring, including quality control.
5 4. State Career Service employees in the Department of
6 Labor and Employment Security may be leased or assigned to the
7 administrative entity to provide administrative and
8 professional functions.
9 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
10 MODIFICATIONS.--
11 (a) The Workforce Florida, Inc., Development Board may
12 provide indemnification from audit liabilities to regional
13 workforce development boards that act in full compliance with
14 state law and the board's policies.
15 (b) The Workforce Florida, Inc., Development Board may
16 negotiate and settle all outstanding issues with the United
17 States Department of Labor relating to decisions made by the
18 Workforce Florida, Inc., any predecessor workforce
19 organization, Development Board and the Legislature with
20 regard to the Job Training Partnership Act, making settlements
21 and closing out all JTPA program year grants before the repeal
22 of the act June 30, 2000.
23 (c) The Workforce Florida, Inc., Development Board may
24 make modifications to the state's plan, policies, and
25 procedures to comply with federally mandated requirements that
26 in its judgment must be complied with to maintain funding
27 provided pursuant to Pub. L. No. 105-220. The board shall
28 notify in writing the Governor, the President of the Senate,
29 and the Speaker of the House of Representatives within 30 days
30 after of any such changes or modifications.
31 (5) The Department of Labor and Employment Security
9
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 shall phase-down JTPA duties before the federal program is
2 abolished July 1, 2000. Outstanding accounts and issues shall
3 be completed prior to transfer to the Agency for Workforce
4 Innovation promptly closed out after this date.
5 (6) LONG-TERM CONSOLIDATION OF WORKFORCE
6 DEVELOPMENT.--
7 (a) The Workforce Florida, Inc., Development Board may
8 recommend workforce-related divisions, bureaus, units,
9 programs, duties, commissions, boards, and councils that can
10 be eliminated, consolidated, or privatized.
11 (b) By December 31, 1999, The Office of Program Policy
12 Analysis and Government Accountability shall review the
13 workforce development system, as established by this act
14 identifying divisions, bureaus, units, programs, duties,
15 commissions, boards, and councils that could be eliminated,
16 consolidated, or privatized. The office shall submit
17 preliminary findings by December 31, 1999, and its final
18 report and recommendations by December January 31, 2002 2000,
19 to the President of the Senate and the Speaker of the House of
20 Representatives. As part of the report, the Office of Program
21 Policy Analysis and Government Accountability shall
22 specifically identify, by funding stream, indirect,
23 administrative, management information system, and overhead
24 costs of the Department of Labor and Employment Security.
25 (7) TERMINATION OF SET-ASIDE.--For those state and
26 federal set-asides terminated by the federal Workforce
27 Investment Act of 1998, the Department of Education, the
28 Office of Tourism, Trade, and Economic Development within the
29 Executive Office of the Governor, and the Department of Elder
30 Affairs shall keep all unexpended JTPA 123 (Education
31 Coordination), JTPA III (Dislocated Workers), or JTPA IIA
10
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (Services for Older Adults) funds to closeout their education
2 and coordination activities. The Workforce Development Board
3 shall develop guidelines under which the departments may
4 negotiate with the regional workforce development boards to
5 provide continuation of activities and services currently
6 conducted with the JTPA Section 123 or JTPA IIA funds.
7 Section 4. Section 288.9952, Florida Statutes, is
8 transferred, renumbered as section 445.004, Florida Statutes,
9 and amended to read:
10 445.004 288.9952 Workforce Florida, Inc.; creation;
11 purpose; membership; duties and powers Development Board.--
12 (1) There is created within the not-for-profit
13 corporate structure of Enterprise Florida, Inc., a
14 not-for-profit corporation, to be known as "Workforce Florida,
15 Inc.," which shall be registered, incorporated, organized, and
16 operated in compliance with chapter 617, and which shall not
17 be a unit or entity of state government. Workforce Florida,
18 Inc., shall be administratively housed within the Agency for
19 Workforce Innovation; however, Workforce Florida, Inc., shall
20 not be subject to control, supervision, or direction by the
21 Agency for Workforce Innovation in any manner. The Legislature
22 determines, however, that public policy dictates that
23 Workforce Florida, Inc., operate in the most open and
24 accessible manner consistent with its public purpose. To this
25 end, the Legislature specifically declares that Workforce
26 Florida, Inc., its board, councils, and any advisory
27 committees or similar groups created by Workforce Florida,
28 Inc., are subject to the provisions of chapter 119 relating to
29 public records, and those provisions of chapter 286 relating
30 to public meetings public-private Workforce Development Board.
31 (2) Workforce Florida, Inc., is the principal
11
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 workforce policy organization for the state. The purpose of
2 the Workforce Florida, Inc., Development Board is to design
3 and implement strategies that help Floridians enter, remain
4 in, and advance in the workplace, becoming more highly skilled
5 and successful, benefiting these Floridians, Florida
6 businesses, and the entire state, and to assist in developing
7 the state's business climate.
8 (3)(2)(a) The Workforce Florida, Inc., Development
9 Board shall be governed by a 25-voting-member board of
10 directors, the number of directors to be determined by the
11 Governor, whose membership and appointment must be consistent
12 with Pub. L. No. 105-220, Title I, s. 111(b), and contain one
13 member representing the licensed nonpublic postsecondary
14 educational institutions authorized as individual training
15 account providers, one member from the staffing service
16 industry, and two three representatives of organized labor who
17 shall be appointed by the Governor. Notwithstanding s.
18 114.05(1)(f) s. 114.05(f), the Governor may appoint remaining
19 members to Workforce Florida, Inc., from of the current
20 Workforce Development Board and the WAGES Program State Board
21 of Directors, established pursuant to chapter 96-175, Laws of
22 Florida, to serve on the reconstituted board as required by
23 this section. By July 1, 2000 June 1, 1999, the Workforce
24 Development Board will provide to the Governor a transition
25 plan to incorporate the changes required by this act and Pub.
26 L. No. 105-220, specifying the timeframe and manner of changes
27 to the board. This plan shall govern the transition, unless
28 otherwise notified by the Governor. The importance of
29 minority, and gender, and geographic representation shall be
30 considered when making appointments to the board. Additional
31 members may be appointed when necessary to conform to the
12
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 requirements of Pub. L. No. 105-220.
2 (b) The board of directors of the Workforce Florida,
3 Inc., Development Board shall be chaired by a board member
4 designated by the Governor pursuant to Pub. L. No. 105-220.
5 (c) Private-sector Members appointed by the Governor
6 must be appointed for 2-year 4-year, staggered terms.
7 Public-sector members appointed by the Governor must be
8 appointed to 4-year terms. Private sector representatives of
9 businesses, appointed by the Governor pursuant to Pub. L. No.
10 105-220, shall constitute a majority of the membership of the
11 board. Private sector representatives shall be appointed from
12 nominations received by the Governor from any member of the
13 Legislature. A member of the Legislature may submit more than
14 one board nomination to the Governor. Private sector
15 appointments to the board shall be representative of the
16 business community of this state and no less than one-half of
17 the appointments to the board must be representative of small
18 businesses. Members appointed by the Governor serve at the
19 pleasure of the Governor and are eligible for reappointment.
20 (d) The Governor shall appoint members to the board of
21 directors of the Workforce Florida, Inc., Development Board
22 within 30 days after the receipt of a sufficient number of
23 nominations.
24 (e) A member of the board of directors of the
25 Workforce Florida, Inc., Development Board may be removed by
26 the Governor for cause. Absence from three consecutive
27 meetings results in automatic removal. The chair of the
28 Workforce Florida, Inc., Development Board shall notify the
29 Governor of such absences.
30 (f) Representatives of businesses appointed to the
31 board of directors may not include providers of workforce
13
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 services.
2 (4)(3)(a) The president of the Workforce Florida,
3 Inc., Development Board shall be hired by the board of
4 directors of Workforce president of Enterprise Florida, Inc.,
5 and shall serve at the pleasure of the Governor in the
6 capacity of an executive director and secretary of the
7 Workforce Florida, Inc. Development Board.
8 (b) The board of directors of the Workforce Florida,
9 Inc., Development Board shall meet at least quarterly and at
10 other times upon call of its chair.
11 (c) A majority of the total current membership of the
12 board of directors of the Workforce Florida, Inc., Development
13 Board comprises a quorum of the board.
14 (d) A majority of those voting is required to organize
15 and conduct the business of the Workforce Development board,
16 except that a majority of the entire board of directors of the
17 Workforce Development Board is required to adopt or amend the
18 operational plan.
19 (e) Except as delegated or authorized by the board of
20 directors of the Workforce Florida, Inc. Development Board,
21 individual members have no authority to control or direct the
22 operations of the Workforce Florida, Inc., Development Board
23 or the actions of its officers and employees, including the
24 president.
25 (f) The board of directors of the Workforce
26 Development Board may delegate to its president those powers
27 and responsibilities it deems appropriate.
28 (f)(g) Members of the board of directors of the
29 Workforce Florida, Inc., Development Board and its committees
30 shall serve without compensation, but these members, the
31 president, and all employees of the Workforce Florida, Inc.,
14
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Development Board may be reimbursed for all reasonable,
2 necessary, and actual expenses pursuant to s. 112.061, as
3 determined by the board of directors of Enterprise Florida,
4 Inc.
5 (g)(h) The board of directors of the Workforce
6 Florida, Inc., Development Board may establish an executive
7 committee consisting of the chair and at least six two
8 additional board members selected by the board of directors,
9 one of whom must be a representative of organized labor. The
10 executive committee and the president shall have such
11 authority as the board of directors of the Workforce
12 Development Board delegates to it, except that the board of
13 directors may not delegate to the executive committee
14 authority to take action that requires approval by a majority
15 of the entire board of directors.
16 (h)(i) The chair board of directors of the Workforce
17 Development Board may appoint committees to fulfill its
18 responsibilities, to comply with federal requirements, or to
19 obtain technical assistance, and must incorporate members of
20 regional workforce development boards into its structure. At a
21 minimum, the chair shall establish the following standing
22 councils: the First Jobs/First Wages Council, the Better
23 Jobs/Better Wages Council, and the High Skills/High Wages
24 Council. For purposes of Pub. L. No. 105-220, the First
25 Jobs/First Wages Council shall serve as the state's youth
26 council.
27 (i)(j) Each member of the board of directors of the
28 Workforce Development Board who is not otherwise required to
29 file a financial disclosure pursuant to s. 8, Art. II of the
30 State Constitution or s. 112.3144 must file disclosure of
31 financial interests pursuant to s. 112.3145.
15
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (5)(4) The Workforce Florida, Inc., Development Board
2 shall have all the powers and authority, not explicitly
3 prohibited by statute, necessary or convenient to carry out
4 and effectuate the purposes as determined by statute, Pub. L.
5 No. 105-220, and the Governor, as well as its functions,
6 duties, and responsibilities, including, but not limited to,
7 the following:
8 (a) Serving as the state's Workforce Investment Board
9 pursuant to Pub. L. No. 105-220. Unless otherwise required by
10 federal law, at least 90 percent of the workforce development
11 funding must go into direct customer service costs. Of the
12 allowable administrative overhead, appropriate amounts shall
13 be expended to procure independent job-placement evaluations.
14 (b) Providing oversight and policy direction to ensure
15 that the following programs are administered by the Agency for
16 Workforce Innovation in compliance with approved plans and
17 under contract with Workforce Florida, Inc.:
18 1. Programs authorized under Title I of the Workforce
19 Investment Act of 1998, Pub. L. No. 105-220, with the
20 exception of programs funded directly by the United States
21 Department of Labor under Title I, s. 167.
22 2. Programs authorized under the Wagner-Peyser Act of
23 1933, as amended, 29 U.S.C. ss. 49 et seq.
24 3. Welfare-to-work grants administered by the United
25 States Department of Labor under Title IV, s. 403, of the
26 Social Security Act, as amended.
27 4. Activities authorized under Title II of the Trade
28 Act of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the
29 Trade Adjustment Assistance Program.
30 5. Activities authorized under 38 U.S.C., chapter 41,
31 including job counseling, training, and placement for
16
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 veterans.
2 6. Employment and training activities carried out
3 under the Community Services Block Grant Act, 42 U.S.C. ss.
4 9901 et seq.
5 7. Employment and training activities carried out
6 under funds awarded to this state by the United States
7 Department of Housing and Urban Development.
8 8. Welfare transition services funded by the Temporary
9 Assistance for Needy Families Program, created under the
10 Personal Responsibility and Work Opportunity Reconciliation
11 Act of 1996, as amended, Pub. L. No. 104-193, and Title IV, s.
12 403, of the Social Security Act, as amended.
13 9. Displaced homemaker programs, provided under s.
14 446.50.
15 10. The Florida Bonding Program, provided under Pub.
16 L. No. 97-300, s. 164(a)(1).
17 11. The Food Stamp Employment and Training Program,
18 provided under the Food Stamp Act of 1977, U.S.C. ss.
19 2011-2032, the Food Security Act of 1988, Pub. L. No. 99-198,
20 and the Hunger Prevention Act, Pub. L. No. 100-435.
21 12. The Quick-Response Training Program, provided
22 under ss. 288.046-288.047. Matching funds and in-kind
23 contributions that are provided by clients of the
24 Quick-Response Training Program shall count toward the
25 requirements of s. 299.90151(5)(d), pertaining to the return
26 on investment from activities of Enterprise Florida, Inc.
27 13. The Work Opportunity Tax Credit, provided under
28 the Tax and Trade Relief Extension Act of 1998, Pub. L. No.
29 105-277, and the Taxpayer Relief Act of 1997, Pub. L. 105-34.
30 14. Offender placement services, provided under ss.
31 944.707-944.708.
17
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 15. Programs authorized under the National and
2 Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,
3 and the Service-America programs, the National Service Trust
4 programs, the Civilian Community Corps, the Corporation for
5 National and Community Service, the American Conservation and
6 Youth Service Corps, and the Points of Light Foundation
7 programs, if such programs are awarded to the state.
8 (c)(b) Contracting with public and private entities as
9 necessary to further the directives of this section. All
10 contracts executed by Workforce Florida, Inc., must include
11 specific performance expectations and deliverables., except
12 that any contract made with an organization represented on the
13 board of directors of Enterprise Florida, Inc., or on the
14 board of directors of the Workforce Development Board must be
15 approved by a two-thirds vote of the entire board of directors
16 of the Workforce Development Board, and, if applicable, the
17 board member representing such organization shall abstain from
18 voting. No more than 65 percent of the dollar value of all
19 contracts or other agreements entered into in any fiscal year,
20 exclusive of grant programs, shall be made with an
21 organization represented on the board of directors of
22 Enterprise Florida, Inc., or the board of directors of the
23 Workforce Development Board. An organization represented on
24 the board of directors of the Workforce Development Board or
25 on the board of directors of Enterprise Florida, Inc., may not
26 enter into a contract to receive a state-funded economic
27 development incentive or similar grant unless such incentive
28 award is specifically endorsed by a two-thirds vote of the
29 entire board of directors of the Workforce Development Board.
30 The member of the board of directors of the Workforce
31 Development Board representing such organization, if
18
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 applicable, shall abstain from voting and refrain from
2 discussing the issue with other members of the board. No more
3 than 50 percent of the dollar value of grants issued by the
4 board in any fiscal year may go to businesses associated with
5 members of the board of directors of the Workforce Development
6 Board.
7 (c) Providing an annual report to the board of
8 directors of Enterprise Florida, Inc., by November 1 that
9 includes a copy of an annual financial and compliance audit of
10 its accounts and records conducted by an independent certified
11 public accountant and performed in accordance with rules
12 adopted by the Auditor General.
13 (d) Notifying the Governor, the President of the
14 Senate, and the Speaker of the House of Representatives of
15 noncompliance by the Agency for Workforce Innovation or other
16 agencies or obstruction of the board's efforts by such
17 agencies. Upon such notification, the Executive Office of the
18 Governor shall assist agencies to bring them into compliance
19 with board objectives.
20 (e) Ensuring that the state does not waste valuable
21 training resources. Thus, the board shall direct that all
22 resources, including equipment purchased for training
23 Workforce Investment Act clients, be available for use at all
24 times by eligible populations as first priority users. At
25 times when eligible populations are not available, such
26 resources shall be used for any other state authorized
27 education and training purpose.
28 (f) Archiving records with the Bureau of Archives and
29 Records Management of the Division of Library and Information
30 Services of the Department of State.
31 (5) Notwithstanding s. 216.351, to allow time for
19
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 documenting program performance, funds allocated for the
2 incentives in s. 239.249 must be carried forward to the next
3 fiscal year and must be awarded for the current year's
4 performance, unless federal law requires the funds to revert
5 at the year's end.
6 (6) The Workforce Florida, Inc., Development Board may
7 take action that it deems necessary to achieve the purposes of
8 this section, including, but not limited to: and consistent
9 with the policies of the board of directors of Enterprise
10 Florida, Inc., in partnership with private enterprises, public
11 agencies, and other organizations. The Workforce Development
12 Board shall advise and make recommendations to the board of
13 directors of Enterprise Florida, Inc., and through that board
14 of directors to the State Board of Education and the
15 Legislature concerning action needed to bring about the
16 following benefits to the state's social and economic
17 resources:
18 (a) Creating a state employment, education, and
19 training policy that ensures that programs to prepare workers
20 are responsive to present and future business and industry
21 needs and complement the initiatives of Enterprise Florida,
22 Inc.
23 (b) Establishing policy direction for a funding system
24 that provides incentives to improve the outcomes of vocational
25 education programs, and of registered apprenticeship and
26 work-based learning programs, and that focuses resources on
27 occupations related to new or emerging industries that add
28 greatly to the value of the state's economy.
29 (c) Establishing a comprehensive policy related
30 approach to the education and training of target populations
31 such as those who have disabilities, are economically
20
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 disadvantaged, receive public assistance, are not proficient
2 in English, or are dislocated workers. This approach should
3 ensure the effective use of federal, state, local, and private
4 resources in reducing the need for public assistance.
5 (d) Designating The designation of Institutes of
6 Applied Technology composed of public and private
7 postsecondary institutions working together with business and
8 industry to ensure that technical and vocational education
9 programs use the most advanced technology and instructional
10 methods available and respond to the changing needs of
11 business and industry. Of the funds reserved for activities of
12 the Workforce Investment Act at the state level, $500,000
13 shall be reserved for an institute of applied technology in
14 construction excellence, which shall be a demonstration
15 project on the development of such institutes. The institute,
16 once established, shall contract with the Workforce
17 Development Board to provide a coordinated approach to
18 workforce development in this industry.
19 (e) Providing policy direction for a system to project
20 and evaluate labor market supply and demand using the results
21 of the Workforce Estimating Occupational Forecasting
22 Conference created in s. 216.136 and the career education
23 performance standards identified under s. 239.233.
24 (f) Reviewing A review of the performance of public
25 programs that are responsible for economic development,
26 education, employment, and training. The review must include
27 an analysis of the return on investment of these programs.
28 (g) Expanding the occupations identified by the
29 Workforce Estimating Conference to meet needs created by local
30 emergencies or plant closings or to capture occupations within
31 emerging industries.
21
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (7) By December 1 of each year, Workforce Enterprise
2 Florida, Inc., shall submit to the Governor, the President of
3 the Senate, the Speaker of the House of Representatives, the
4 Senate Minority Leader, and the House Minority Leader a
5 complete and detailed annual report by the Workforce
6 Development Board setting forth:
7 (a) All audits, including the audit in subsection (8),
8 if conducted.
9 (b) The operations and accomplishments of the
10 partnership including the programs or entities listed in
11 subsection (6).
12 (8) The Auditor General may, pursuant to his or her
13 own authority or at the direction of the Legislative Auditing
14 Committee, conduct an audit of the Workforce Florida, Inc.,
15 Development Board or the programs or entities created by the
16 Workforce Florida, Inc. Development Board. The Office of
17 Program Policy Analysis and Government Accountability,
18 pursuant to its authority or at the direction of the
19 Legislative Auditing Committee, may review the systems and
20 controls related to performance outcomes and quality of
21 services of Workforce Florida, Inc.
22 (9) The Workforce Florida, Inc. Development Board, in
23 collaboration with the regional workforce development boards
24 and appropriate state agencies and local public and private
25 service providers, and in consultation with the Office of
26 Program Policy Analysis and Government Accountability, shall
27 establish uniform measures and standards to gauge the
28 performance of the workforce development strategy. These
29 measures and standards must be organized into three outcome
30 tiers.
31 (a) The first tier of measures must be organized to
22
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 provide benchmarks for systemwide outcomes. The Workforce
2 Florida, Inc., Development Board must, in collaboration with
3 the Office of Program Policy Analysis and Government
4 Accountability, establish goals for the tier-one outcomes.
5 Systemwide outcomes may include employment in occupations
6 demonstrating continued growth in wages; continued employment
7 after 3, 6, 12, and 24 months; reduction in and elimination of
8 public assistance reliance; job placement; employer
9 satisfaction; and positive return on investment of public
10 resources.
11 (b) The second tier of measures must be organized to
12 provide a set of benchmark outcomes for the initiatives of the
13 First Jobs/First Wages Council, the Better Jobs/Better Wages
14 Council, and the High Skills/High Wages Council one-stop
15 Career Centers and for each of the strategic components of the
16 workforce development strategy. A set of standards and
17 measures must be developed for one-stop Career Centers, youth
18 employment activities, WAGES, and High Skills/High Wages,
19 targeting the specific goals of each particular strategic
20 component. Cost per entered employment, earnings at placement,
21 retention in employment, job placement, and entered employment
22 rate must be included among the performance outcome measures.
23 1. Appropriate measures for one-stop Career Centers
24 may include direct job placements at minimum wage, at a wage
25 level established by the Occupational Forecasting Conference,
26 and at a wage level above the level established by the
27 Occupational Forecasting Conference.
28 2. Appropriate measures for youth employment
29 activities may include the number of students enrolling in and
30 completing work-based programs, including apprenticeship
31 programs; job placement rate; job retention rate; wage at
23
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 placement; and wage growth.
2 3. WAGES measures may include job placement rate, job
3 retention rate, wage at placement, wage growth, reduction and
4 elimination of reliance on public assistance, and savings
5 resulting from reduced reliance on public assistance.
6 4. High Skills/High Wages measures may include job
7 placement rate, job retention rate, wage at placement, and
8 wage growth.
9 (c) The third tier of measures must be the operational
10 output measures to be used by the agency implementing
11 programs, and it may be specific to federal requirements. The
12 tier-three measures must be developed by the agencies
13 implementing programs, and the Workforce Florida, Inc.,
14 Development Board may be consulted in this effort. Such
15 measures must be reported to the Workforce Florida, Inc.,
16 Development Board by the appropriate implementing agency.
17 (d) Regional differences must be reflected in the
18 establishment of performance goals and may include job
19 availability, unemployment rates, average worker wage, and
20 available employable population. All performance goals must be
21 derived from the goals, principles, and strategies established
22 in the Workforce Florida Act of 1996.
23 (e) Job placement must be reported pursuant to s.
24 229.8075. Positive outcomes for providers of education and
25 training must be consistent with ss. 239.233 and 239.245.
26 (f) The uniform measures of success that are adopted
27 by the Workforce Florida, Inc., Development Board or the
28 regional workforce development boards must be developed in a
29 manner that provides for an equitable comparison of the
30 relative success or failure of any service provider in terms
31 of positive outcomes.
24
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (g) By December 1 October 15 of each year, the
2 Workforce Florida, Inc., Development Board shall provide the
3 Legislature with a report detailing the performance of
4 Florida's workforce development system, as reflected in the
5 three-tier measurement system. Additionally, this report must
6 benchmark Florida outcomes, at all tiers, against other states
7 that collect data similarly.
8 (10) The workforce development strategy for the state
9 shall be designed by Workforce Florida, Inc., and shall be
10 centered around the strategies of First Jobs/First Wages,
11 Better Jobs/Better Wages, and High Skills/High Wages.
12 (a) First Jobs/First Wages is the state's strategy to
13 promote successful entry into the workforce through education
14 and workplace experience that lead to self-sufficiency and
15 career advancement. The components of the strategy include
16 efforts that enlist business, education, and community support
17 for students to achieve long-term career goals, ensuring that
18 young people have the academic and occupational skills
19 required to succeed in the workplace.
20 (b) Better Jobs/Better Wages is the state's strategy
21 for assisting employers in upgrading or updating the skills of
22 their employees and for assisting incumbent workers in
23 improving their performance in their current jobs or acquiring
24 the education or training needed to secure a better job with
25 better wages.
26 (c) High Skills/High Wages is the state's strategy for
27 aligning education and training programs with high-paying,
28 high-demand occupations that advance individuals' careers,
29 build a more skilled workforce, and enhance Florida's efforts
30 to attract and expand job-creating businesses.
31 (11) The workforce development system shall use a
25
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 charter-process approach aimed at encouraging local design and
2 control of service delivery and targeted activities. Workforce
3 Florida, Inc., shall be responsible for granting charters to
4 regional workforce boards that have a membership consistent
5 with the requirements of federal and state law and that have
6 developed a plan consistent with the state's workforce
7 development strategy. The plan must specify methods for
8 allocating the resources and programs in a manner that
9 eliminates unwarranted duplication, minimizes administrative
10 costs, meets the existing job market demands and the job
11 market demands resulting from successful economic development
12 activities, ensures access to quality workforce development
13 services for all Floridians, allows for pro rata or partial
14 distribution of benefits and services, prohibits the creation
15 of a waiting list or other indication of an unserved
16 population, serves as many individuals as possible within
17 available resources, and maximizes successful outcomes. As
18 part of the charter process, Workforce Florida, Inc., shall
19 establish incentives for effective coordination of federal and
20 state programs, outline rewards for successful job placements,
21 and institute collaborative approaches among local service
22 providers. Local decisionmaking and control shall be important
23 components for inclusion in this charter application.
24 Section 5. Section 445.005, Florida Statutes, is
25 created to read:
26 445.005 First Jobs/First Wages, Better Jobs/Better
27 Wages, and High Skills/High Wages Councils of Workforce
28 Florida, Inc.--
29 (1) The chair of Workforce Florida, Inc., shall
30 establish by October 1, 2000, three standing councils, which
31 shall be known as the First Jobs/First Wages Council, the
26
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Better Jobs/Better Wages Council, and the High Skills/High
2 Wages Council.
3 (a) The chair of Workforce Florida, Inc., shall
4 determine the number of members to serve on each council.
5 (b) Each council shall be composed of individuals
6 appointed by the chair of Workforce Florida, Inc., from the
7 membership of the board of directors and individuals from
8 outside Workforce Florida, Inc., who possess relevant
9 experience or expertise in the subject area of the council. A
10 majority of the membership of each council must be members of
11 the board of directors of Workforce Florida, Inc.
12 (c) The chair of Workforce Florida, Inc., shall name a
13 chair for each council from among the members of the council
14 who are also members of the board of directors.
15 (d) Each council may meet at the call of its chair or
16 at the direction of the board of directors of Workforce
17 Florida, Inc., but shall meet at least quarterly.
18 (2) The First Jobs/First Wages Council shall develop
19 strategies for approval by the board of directors of Workforce
20 Florida, Inc., which promote the successful entry of
21 individuals, including young people and adults working for the
22 first time, into the workforce. The council shall advise the
23 board of directors and make recommendations on implementing
24 programs and expending funds in support of the First
25 Jobs/First Wages Program's strategies. The council shall serve
26 as the state's youth council for purposes of Pub. L. No.
27 105-220.
28 (3) The Better Jobs/Better Wages Council shall develop
29 strategies for approval by the board of directors of Workforce
30 Florida, Inc., which promote the ability of adult workers to
31 build careers by obtaining and retaining jobs with potential
27
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 for advancement. The mission of the council includes
2 developing strategies that promote the ability of participants
3 in the welfare transition program to succeed in the workforce
4 and avoid a return to dependence upon cash assistance from the
5 government. The council shall advise the board of directors
6 and make recommendations on implementing programs and
7 expending funds in support of the Better Jobs/Better Wages
8 Program's strategies.
9 (4) The High Skills/High Wages Council shall develop
10 strategies for approval by the board of directors of Workforce
11 Florida, Inc., which align the education and training programs
12 with high-paying, high-demand occupations that advance
13 individuals' careers, build a more skilled workforce, and
14 enhance the state's efforts to attract and expand job-creating
15 businesses. The council shall advise the board of directors
16 and make recommendations on implementing programs and
17 expending funds in support of the High-Skills/High-Wages
18 Program's strategies.
19 Section 6. Section 445.006, Florida Statutes, is
20 created to read:
21 445.006 Strategic plan for workforce development.--
22 (1) Workforce Florida, Inc., in conjunction with state
23 and local partners in the workforce system, shall develop a
24 strategic plan for workforce, with the goal of producing
25 skilled employees for employers in the state. The strategic
26 plan shall be submitted to the Governor, the President of the
27 Senate, and the Speaker of the House of Representatives by
28 February 1, 2001. The strategic plan shall be updated or
29 modified by January 1 of each year thereafter. The plan must
30 include, but need not be limited to, strategies for:
31 (a) Fulfilling the workforce system goals and
28
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 strategies prescribed in s. 445.004;
2 (b) Aggregating, integrating, and leveraging workforce
3 system resources;
4 (c) Coordinating the activities of federal, state, and
5 local workforce system partners;
6 (d) Addressing the workforce needs of small
7 businesses; and
8 (e) Fostering the participation of rural communities
9 and distressed urban cores in the workforce system.
10 (2) As a component of the strategic plan required
11 under this section, Workforce Florida, Inc., shall develop a
12 workforce marketing plan, with the goal of educating
13 individuals inside and outside the state about the employment
14 market and employment conditions in the state. The marketing
15 plan must include, but need not be limited to, strategies for:
16 (a) Distributing information to secondary and
17 postsecondary education institutions about the diversity of
18 businesses in the state, specific clusters of businesses or
19 business sectors in the state, and occupations by industry
20 which are in demand by employers in the state;
21 (b) Distributing information about and promoting use
22 of the Internet-based job matching and labor market
23 information system authorized under s. 445.011; and
24 (c) Coordinating with Enterprise Florida, Inc., to
25 ensure that workforce marketing efforts complement the
26 economic development marketing efforts of the state.
27 (3) The strategic plan must include performance
28 measures, standards, measurement criteria, and contract
29 guidelines in the following areas with respect to participants
30 in the welfare transition program:
31 (a) Work participation rates, by type of activity;
29
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (b) Caseload trends;
2 (c) Recidivism;
3 (d) Participation in diversion and relocation
4 assistance programs;
5 (e) Employment retention;
6 (f) Wage growth; and
7 (g) Other issues identified by the board of directors
8 of Workforce Florida, Inc.
9 (4) The strategic plan must include criteria for
10 allocating workforce resources to regional workforce boards.
11 With respect to allocating funds to serve customers of the
12 welfare transition program, such criteria may include
13 weighting factors that indicate the relative degree of
14 difficulty associated with securing and retaining employment
15 placements for specific subsets of the welfare transition
16 caseload.
17 (5)(a) The strategic plan must include a
18 performance-based payment structure to be used for all welfare
19 transition program customers which takes into account:
20 1. The degree of difficulty associated with placement
21 and retention;
22 2. The quality of the placement with respect to
23 salary, benefits, and opportunities for advancement; and
24 3. The employee's retention in the placement.
25 (b) The payment structure must provide for bonus
26 payments of up to 10 percent of the contract amount to
27 providers that achieve notable success in achieving contract
28 objectives, including, but not limited to, success in
29 diverting families in which there is an adult who is subject
30 to work requirements from receiving cash assistance and in
31 achieving long-term job retention and wage growth with respect
30
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 to welfare transition program customers. A service provider
2 shall be paid a maximum of one payment per service for each
3 participant during any given 6-month period.
4 (6)(a) The strategic plan must include strategies that
5 are designed to prevent or reduce the need for a person to
6 receive public assistance. These strategies must include:
7 1. A teen pregnancy prevention component that
8 includes, but is not limited to, a plan for implementing the
9 Florida Education Now and Babies Later (ENABL) program under
10 s. 411.242 and the Teen Pregnancy Prevention Community
11 Initiative within each county of the services area in which
12 the teen birth rate is higher than the state average;
13 2. A component that encourages creation of
14 community-based welfare prevention and reduction initiatives
15 that increase support provided by noncustodial parents to
16 their welfare-dependent children and are consistent with
17 program and financial guidelines developed by Workforce
18 Florida, Inc., and the Commission on Responsible Fatherhood.
19 These initiatives may include, but are not limited to,
20 improved paternity establishment, work activities for
21 noncustodial parents, programs aimed at decreasing
22 out-of-wedlock pregnancies, encouraging involvement of fathers
23 with their children including court-ordered supervised
24 visitation, and increasing child support payments;
25 3. A component that encourages formation and
26 maintenance of two-parent families through, among other
27 things, court-ordered supervised visitation;
28 4. A component that fosters responsible fatherhood in
29 families receiving assistance; and
30 5. A component that fosters provision of services that
31 reduce the incidence and effects of domestic violence on women
31
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 and children in families receiving assistance.
2 (b) Specifications for welfare transition program
3 services that are to be delivered include, but are not limited
4 to:
5 1. Initial assessment services prior to an individual
6 being placed in an employment service, to determine whether
7 the individual should be referred for relocation, up-front
8 diversion, education, or employment placement. Assessment
9 services shall be paid on a fixed unit rate and may not
10 provide educational or employment placement services.
11 2. Referral of participants to diversion and
12 relocation programs.
13 3. Preplacement services, including assessment,
14 staffing, career plan development, work orientation, and
15 employability skills enhancement.
16 4. Services necessary to secure employment for a
17 welfare transition program participant.
18 5. Services necessary to assist participants in
19 retaining employment, including, but not limited to, remedial
20 education, language skills, and personal and family
21 counseling.
22 6. Desired quality of job placements with regard to
23 salary, benefits, and opportunities for advancement.
24 7. Expectations regarding job retention.
25 8. Strategies to ensure that transition services are
26 provided to participants for the mandated period of
27 eligibility.
28 9. Services that must be provided to the participant
29 throughout an education or training program, such as
30 monitoring attendance and progress in the program.
31 10. Services that must be delivered to welfare
32
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 transition program participants who have a deferral from work
2 requirements but wish to participate in activities that meet
3 federal participation requirements.
4 11. Expectations regarding continued participant
5 awareness of available services and benefits.
6 Section 7. Section 288.9953, Florida Statutes, is
7 transferred, renumbered as section 445.007, Florida Statutes,
8 and amended to read:
9 445.007 288.9953 Regional Workforce Development
10 Boards.--
11 (1) One regional workforce development board shall be
12 appointed in each designated service delivery area and shall
13 serve as the local workforce investment board pursuant to Pub.
14 L. No. 105-220. The membership of the board shall be
15 consistent with Pub. L. No. 105-220, Title I, s. 117(b), and
16 contain one representative from a nonpublic postsecondary
17 educational institution that is an authorized individual
18 training account provider within the region and confers
19 certificates and diplomas, one representative from a nonpublic
20 postsecondary educational institution that is an authorized
21 individual training account provider within the region and
22 confers degrees, and three representatives of organized labor.
23 Individuals serving as members of regional workforce
24 development boards or local WAGES coalitions, as of June 30,
25 2000, are eligible for appointment to regional workforce
26 boards, pursuant to this section. The importance of minority
27 and gender representation shall be considered when making
28 appointments to the board. If the regional workforce board
29 enters into a contract with an organization or individual
30 represented on the board of directors, the contract must be
31 approved by a two-thirds vote of the entire board, and the
33
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 board member who could benefit financially from the
2 transaction must abstain from voting on the contract. A board
3 member must disclose any such conflict in a manner that is
4 consistent with the procedures outlined in s. 112.3143. A
5 member of a regional workforce development board may not vote
6 on a matter under consideration by the board regarding the
7 provision of services by such member, or by an entity that
8 such member represents; vote on a matter that would provide
9 direct financial benefit to such member or the immediate
10 family of such member; or engage in any other activity
11 determined by the Governor to constitute a conflict of
12 interest as specified in the state plan.
13 (2) The Workforce Florida, Inc., Development Board
14 will determine the timeframe and manner of changes to the
15 regional workforce development boards as required by this
16 chapter act and Pub. L. No. 105-220.
17 (3) The Workforce Florida, Inc., Development Board
18 shall assign staff to meet with each regional workforce
19 development board annually to review the board's performance
20 and to certify that the board is in compliance with applicable
21 state and federal law.
22 (4) In addition to the duties and functions specified
23 by the Workforce Florida, Inc., Development Board and by the
24 interlocal agreement approved by the local county or city
25 governing bodies, the regional workforce development board
26 shall have the following responsibilities:
27 (a) Develop, submit, ratify, or amend the local plan
28 pursuant to Pub. L. No. 105-220, Title I, s. 118 and the
29 provisions of this act.
30 (b) Conclude agreements necessary to designate the
31 fiscal agent and administrative entity. A public or private
34
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 entity, including an entity established pursuant to s. 163.01,
2 which makes a majority of the appointments to a regional
3 workforce board may serve as the board's administrative entity
4 if approved by Workforce Florida, Inc.
5 (c) Complete assurances required for the Workforce
6 Development Board charter process of Workforce Florida, Inc.,
7 and provide ongoing oversight related to administrative costs,
8 duplicated services, career counseling, economic development,
9 equal access, compliance and accountability, and performance
10 outcomes.
11 (d) Oversee the one-stop delivery system Career
12 Centers in its local area.
13 (5) The Workforce Florida, Inc., Development Board
14 shall implement a training program for the regional workforce
15 development boards to familiarize board members with the
16 state's workforce development goals and strategies. The
17 regional workforce development board shall designate all local
18 service providers and shall not transfer this authority to a
19 third party. In order to exercise independent oversight, the
20 regional workforce development board shall not be a direct
21 provider of intake, assessment, eligibility determinations, or
22 other direct provider services.
23 (6) Regional workforce development boards may appoint
24 local committees to obtain technical assistance on issues of
25 importance, including those issues affecting older workers.
26 (7) Each regional workforce development board shall
27 establish by October 1, 2000, a High Skills/High Wages
28 committee consisting of at least five private-sector business
29 representatives appointed in consultation with local chambers
30 of commerce by the primary county economic development
31 organization within the region, as identified by Enterprise
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Florida, Inc.; a representative of each primary county
2 economic development organization within the region;,
3 including the regional workforce development board chair; the
4 presidents of all community colleges within the board's
5 region; those district school superintendents with authority
6 for conducting postsecondary educational programs within the
7 region; and two representatives a representative from a
8 nonpublic postsecondary educational institutions institution
9 that are is an authorized individual training account
10 providers provider within the region, appointed by the chair
11 of the regional workforce board. If possible, one of the
12 nonpublic educational institutions represented must be
13 accredited by the Southern Association of Colleges and
14 Schools. The business representatives appointed by the primary
15 county economic development organizations other than the board
16 chair need not be members of the regional workforce
17 development board and shall represent those industries that
18 are of primary importance to the region's current and future
19 economy. In a multicounty region, each primary county economic
20 development organization within the region shall appoint at
21 least one business representative and shall consult with the
22 other primary county economic development organizations within
23 the region to make joint appointments when necessary.
24 (a) At least annually During fiscal year 1999-2000,
25 each High Skills/High Wages committee shall submit, quarterly,
26 recommendations to the Workforce Florida, Inc., Development
27 Board related to:
28 1. Policies to enhance the responsiveness of High
29 Skills/High Wages programs in its region to business and
30 economic development opportunities.
31 2. Integrated use of state education and federal
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 workforce development funds to enhance the training and
2 placement of designated population individuals with local
3 businesses and industries.
4 (b) The committees shall also make reports to
5 Workforce Florida, Inc., annually, on dates specified by
6 Workforce Florida, Inc., that identify occupations in the
7 region deemed critical to business retention, expansion, and
8 recruitment activities, based on guidelines set by Workforce
9 Florida, Inc. Such guidelines shall include research of the
10 workforce needs of private employers in the region, in
11 consultation with local chambers of commerce and economic
12 development organizations. Occupations identified pursuant to
13 this paragraph shall be considered by Workforce Florida, Inc.,
14 for inclusion in the region's targeted occupation list. After
15 fiscal year 1999-2000, the Workforce Development Board has the
16 discretion to decrease the frequency of reporting by the High
17 Skills/High Wages committees, but the committees shall meet
18 and submit any recommendations at least annually.
19 (c) Annually, the Workforce Development Board shall
20 compile all the recommendations of the High Skills/High Wages
21 committees, research their feasibility, and make
22 recommendations to the Governor, the President of the Senate,
23 and the Speaker of the House of Representatives.
24 (8) Each regional workforce board shall establish a
25 Better Jobs/Better Wages committee consisting of at least five
26 members. Initial appointments to this committee shall include
27 at least three members of the local WAGES coalition,
28 established pursuant to chapter 96-175, Laws of Florida.
29 (9) Each regional workforce board shall establish a
30 First Jobs/First Wages committee consisting of at least five
31 members. This committee shall serve as the youth council for
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 purposes of Pub. L. No. 105-220.
2 (10) The importance of minority and gender
3 representation shall be considered when appointments are made
4 to any committee established by the regional workforce board.
5 (11) For purposes of procurement, regional workforce
6 boards and their administrative entities are not state
7 agencies, but the boards and their administrative entities
8 must comply with state procurement laws and procedures until
9 Workforce Florida, Inc., adopts the provisions or alternative
10 procurement procedures that meet the requirements of federal
11 law. All contracts executed by regional workforce boards must
12 include specific performance expectations and deliverables.
13 Section 8. Section 445.008, Florida Statutes, is
14 created to read:
15 445.008 Workforce Training Institute.--
16 (1) Workforce Florida, Inc., may create the Workforce
17 Training Institute, which shall be a comprehensive program of
18 workforce training courses designed to meet the unique needs
19 of and shall include Internet-based training modules suitable
20 for, and made available to, professionals integral to the
21 workforce system, including advisors and counselors in
22 educational institutions.
23 (2) Workforce Florida, Inc., may enter into a contract
24 for the provision of administrative support services for the
25 institute. Workforce Florida, Inc., shall adopt policies for
26 the administration and operation of the institute and
27 establish admission fees in an amount which, in the aggregate,
28 does not exceed the cost of the program. Workforce Florida,
29 Inc., may accept donations or grants of any type for any
30 function or purpose of the institute.
31 (3) All moneys, fees, donations, or grants collected
38
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 by Workforce Florida, Inc., under this section shall be
2 applied to cover all costs incurred in establishing and
3 conducting the workforce training programs authorized under
4 this section, including, but not limited to, salaries for
5 instructors and costs of materials connected to such programs.
6 Section 9. Section 288.9951, Florida Statutes, is
7 transferred, renumbered as section 445.009, Florida Statutes,
8 and amended to read:
9 445.009 288.9951 One-stop delivery system Career
10 Centers.--
11 (1) The one-stop delivery system is Career Centers
12 comprise the state's primary initial customer-service strategy
13 delivery system for offering every Floridian access, through
14 service sites or telephone or computer networks, to the
15 following services:
16 (a) Job search, referral, and placement assistance.
17 (b) Career counseling and educational planning.
18 (c) Consumer reports on service providers.
19 (d) Recruitment and eligibility determination.
20 (e) Support services, including child care and
21 transportation assistance to gain employment.
22 (f) Employability skills training.
23 (g) Adult education and basic skills training.
24 (h) Technical training leading to a certification and
25 degree.
26 (i) Claim filing for unemployment compensation
27 services.
28 (j) Temporary income, health, nutritional, and housing
29 assistance.
30 (k) Other appropriate and available workforce
31 development services.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (2) In addition to the mandatory partners identified
2 in Pub. L. No. 105-220, Food Stamp Employment and Training,
3 Food Stamp work programs, and WAGES/TANF programs shall, upon
4 approval by the Governor of a transition plan prepared by the
5 Workforce Development Board in collaboration with the WAGES
6 Program State Board of Directors, participate as partners in
7 each one-stop Career Center. Based on this plan, each partner
8 is prohibited from operating independently from a One-Stop
9 Career Center unless approved by the regional workforce
10 development board. Services provided by partners who are not
11 physically located in a One-Stop Career Center must be
12 approved by the regional workforce development board.
13 (2)(a)(3) Subject to a process designed by the
14 Workforce Florida, Inc. Development Board, and in compliance
15 with Pub. L. No. 105-220, regional workforce development
16 boards shall designate one-stop delivery system Career Center
17 operators.
18 (b) A regional workforce board may designate as its
19 one-stop delivery system operator any public or private entity
20 that is eligible to provide services under any state or
21 federal workforce program that is a mandatory or discretionary
22 partner in the region's one-stop delivery system if approved
23 by Workforce Florida, Inc., upon a showing by the regional
24 workforce board that a fair and competitive process was used
25 in the selection. As a condition of authorizing a regional
26 workforce board to designate such an entity as its one-stop
27 delivery system operator, Workforce Florida, Inc., must
28 require the regional workforce board to demonstrate that
29 safeguards are in place to ensure that the one-stop delivery
30 system operator will not exercise an unfair competitive
31 advantage or unfairly refer or direct customers of the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 one-stop delivery system to services provided by that one-stop
2 delivery system operator. A regional workforce development
3 board may retain its current One-Stop Career Center operator
4 without further procurement action where the board has
5 established a One-Stop Career Center that has complied with
6 federal and state law.
7 (3)(4) Notwithstanding any other provision of law, any
8 memorandum of understanding in effect on June 30, 2000,
9 between a regional workforce board and the Department of Labor
10 and Employment Security governing the delivery of workforce
11 services shall remain in effect until September 30, 2000.
12 Beginning October 1, 2000, regional workforce boards shall
13 enter into a memorandum of understanding with the Agency for
14 Workforce Innovation for the delivery of employment services
15 authorized by the federal Wagner-Peyser Act. This memorandum
16 of understanding must be performance based. effective July 1,
17 1999, regional workforce development boards shall enter into a
18 memorandum of understanding with the Department of Labor and
19 Employment Security for the delivery of employment services
20 authorized by Wagner-Peyser. For fiscal year 1999-2000, the
21 memorandum of understanding with the Department of Labor and
22 Employment Security must be performance-based, dedicating 15
23 percent of the funds to performance payments. Performance
24 payments shall be based on performance measures developed by
25 the Workforce Development Board.
26 (a) Unless otherwise required by federal law, at least
27 90 percent of the Wagner-Peyser funding must go into direct
28 customer service costs.
29 (b) Employment services must be provided through the
30 one-stop delivery system Career Centers, under the guidance of
31 one-stop delivery system Career Center operators. One-stop
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 delivery system operators shall have overall authority for
2 directing the staff of the workforce system. Personnel matters
3 shall remain under the ultimate authority of the Agency for
4 Workforce Innovation. However, the one-stop delivery system
5 operator shall submit to the agency information concerning the
6 job performance of agency employees who deliver employment
7 services. The agency shall consider any such information
8 submitted by the one-stop delivery system operator in
9 conducting performance appraisals of the employees.
10 (c) The agency shall retain fiscal responsibility and
11 accountability for the administration of funds allocated to
12 the state under the Wagner-Peyser Act. An agency employee who
13 is providing services authorized under the Wagner-Peyser Act
14 shall be paid using Wagner-Peyser Act funds.
15 (d) The Office of Program Policy Analysis and
16 Government Accountability, in consultation with Workforce
17 Florida, Inc., shall review the delivery of employment
18 services under the Wagner-Peyser Act and the integration of
19 those services with other activities performed through the
20 one-stop delivery system and shall provide recommendations to
21 the Legislature for improving the effectiveness of the
22 delivery of employment services in this state. The Office of
23 Program Policy Analysis and Government Accountability shall
24 submit a report and recommendations to the Governor, the
25 President of the Senate, and the Speaker of the House of
26 Representatives by December 31, 2002.
27 (4)(5) One-stop delivery system Career Center partners
28 identified in subsection (2) shall enter into a memorandum of
29 understanding pursuant to Pub. L. No. 105-220, Title I, s.
30 121, with the regional workforce development board. Failure of
31 a local partner to participate cannot unilaterally block the
42
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 majority of partners from moving forward with their one-stop
2 delivery system Career Centers, and the Workforce Florida,
3 Inc. Development Board, pursuant to s. 445.004(5)(d) s.
4 288.9952(4)(d), may make notification of a local partner that
5 fails to participate.
6 (5)(a)(6) To the extent possible, core services, as
7 defined by Pub. L. No. 105-220, shall be provided
8 electronically, using utilizing existing systems and public
9 libraries. These electronic systems shall be linked and
10 integrated into a comprehensive service system to simplify
11 access to core services by:
12 1. Maintaining staff to serve as the first point of
13 contact with the public seeking access to employment services
14 who are knowledgeable about each program located in each
15 one-stop delivery system center as well as related services.
16 An initial determination of the programs for which a customer
17 is likely to be eligible and any referral for a more thorough
18 eligibility determination must be made at this first point of
19 contact; and
20 2. Establishing an automated, integrated intake
21 screening and eligibility process where customers will provide
22 information through a self-service intake process that may be
23 accessed by staff from any participating program.
24 (b) To expand electronic capabilities, the Workforce
25 Florida, Inc. Development Board, working with regional
26 workforce development boards, shall develop a centralized help
27 center to assist regional workforce development boards in
28 fulfilling core services, minimizing the need for fixed-site
29 one-stop delivery system Career centers.
30 (c) To the extent feasible, core services shall be
31 accessible through the Internet. Through this technology, core
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 services shall be made available at public libraries, public
2 and private educational institutions, community centers,
3 kiosks, neighborhood facilities, and satellite one-stop
4 delivery system sites. Each regional workforce board's web
5 page shall serve as a portal for contacting potential
6 employees by integrating the placement efforts of universities
7 and private companies, including staffing services firms, into
8 the existing one-stop delivery system.
9 (6)(7) Intensive services and training provided
10 pursuant to Pub. L. No. 105-220, shall be provided to
11 individuals through Intensive Service Accounts and Individual
12 Training Accounts. The Workforce Florida, Inc., Development
13 Board shall develop, by July 1, 1999, an implementation plan,
14 including identification of initially eligible training
15 providers, transition guidelines, and criteria for use of
16 these accounts. Individual Training Accounts must be
17 compatible with Individual Development Accounts for education
18 allowed in federal and state welfare reform statutes.
19 (7)(8)(a) Individual Training Accounts must be
20 expended on programs that prepare people to enter high-wage
21 occupations identified by the Workforce Estimating
22 Occupational Forecasting Conference created by s. 216.136, and
23 on other programs as approved by the Workforce Florida, Inc.
24 Development Board.
25 (b) For each approved training program, regional
26 workforce development boards, in consultation with training
27 providers, shall establish a fair-market purchase price to be
28 paid through an Individual Training Account. The purchase
29 price must be based on prevailing costs and reflect local
30 economic factors, program complexity, and program benefits,
31 including time to beginning of training and time to
44
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 completion. The price shall ensure the fair participation of
2 public and nonpublic postsecondary educational institutions as
3 authorized service providers and shall prohibit the use of
4 unlawful remuneration to the student in return for attending
5 an institution. Unlawful remuneration does not include student
6 financial assistance programs.
7 (c) The Workforce Florida, Inc., Development Board
8 shall periodically review Individual Training Account pricing
9 schedules developed by regional workforce development boards
10 and present findings and recommendations for process
11 improvement to the President of the Senate and the Speaker of
12 the House of Representatives by January 1, 2000.
13 (d) To the maximum extent possible, training providers
14 shall use funding sources other than the funding provided
15 under Pub. L. No. 105-220. A performance outcome related to
16 alternative financing obtained by the training provider shall
17 be established by the Workforce Florida, Inc., Development
18 Board and used for performance evaluation purposes. The
19 performance evaluation must take into consideration the number
20 of alternative funding sources.
21 (e) Training services provided through Individual
22 Training Accounts must be performance-based, with successful
23 job placement triggering full payment.
24 (f) The accountability measures to be used in
25 documenting competencies acquired by the participant during
26 training shall be literacy completion points and occupational
27 completion points. Literacy completion points refers to the
28 academic or workforce readiness competencies that qualify a
29 person for further basic education, vocational education, or
30 for employment. Occupational completion points refers to the
31 vocational competencies that qualify a person to enter an
45
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 occupation that is linked to a vocational program.
2 (8)(9)(a) Workforce Florida, Inc. The Department of
3 Management Services, working with the Agency for Workforce
4 Innovation Workforce Development Board, shall coordinate among
5 the agencies a plan for a One-Stop Career Center Electronic
6 Network made up of one-stop delivery system Career centers and
7 other partner agencies that are operated by authorized public
8 or private for-profit or not-for-profit agents. The plan shall
9 identify resources within existing revenues to establish and
10 support this electronic network for service delivery that
11 includes Government Services Direct. If necessary, the plan
12 shall identify additional funding needed to achieve the
13 provisions of this subsection.
14 (b) The network shall assure that a uniform method is
15 used to determine eligibility for and management of services
16 provided by agencies that conduct workforce development
17 activities. The Department of Management Services shall
18 develop strategies to allow access to the databases and
19 information management systems of the following systems in
20 order to link information in those databases with the one-stop
21 delivery system Career Centers:
22 1. The Unemployment Compensation System of the
23 Department of Labor and Employment Security.
24 2. The Job Service System of the Department of Labor
25 and Employment Security.
26 3. The FLORIDA System and the components related to
27 WAGES, food stamps, and Medicaid eligibility.
28 4. The Workers' Compensation System of the Department
29 of Labor and Employment Security.
30 5. The Student Financial Assistance System of the
31 Department of Education.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 6. Enrollment in the public postsecondary education
2 system.
3 7. Other information systems determined appropriate by
4 Workforce Florida, Inc.
5
6 The systems shall be fully coordinated at both the state and
7 local levels by July January 1, 2001 2000.
8 (9) To the maximum extent feasible, the one-stop
9 delivery system may use private sector staffing services firms
10 in the provision of workforce services to individuals and
11 employers in the state. Regional workforce boards may
12 collaborate with staffing services firms in order to
13 facilitate the provision of workforce services. Regional
14 workforce boards may contract with private sector staffing
15 services firms to design programs that meet the employment
16 needs of the region. All such contracts must be
17 performance-based and require a specific period of job tenure
18 prior to payment.
19 (10) To avoid any delay or disruption of services, a
20 participant or an individual redirected through up-front
21 diversion is presumed to be eligible for transitional services
22 except transitional Medicaid, which must be determined in
23 accordance with federal policy. Upon notification that a
24 participant or diverted individual has obtained employment,
25 the regional workforce board shall provide all transitional
26 benefits and services until the designated administering
27 department or entity confirms eligibility or advises the
28 regional workforce board that the individual does not meet the
29 eligibility requirements. Regardless, the regional workforce
30 board is responsible for payment of any child care
31 registration fees and sick child care for all eligible
47
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 participants or redirected individuals.
2 Section 10. (1) It is the intent of the Legislature
3 that the changes to the workforce system made by this act,
4 including, but not limited to, the transfer of any workforce
5 policy, program, or administrative responsibility to Workforce
6 Florida, Inc., or to the Agency for Workforce Innovation, be
7 accomplished with minimal disruption of services provided to
8 the public and with minimal disruption to employees of any
9 organization in the workforce system. To that end, the
10 Legislature directs all applicable units of state government
11 to contribute to the successful implementation of this act,
12 and the Legislature believes that a transition period between
13 the effective date of this act and October 1, 2000, is
14 appropriate and warranted.
15 (2) Workforce Florida, Inc., shall coordinate the
16 development and implementation of a transition plan that
17 supports the implementation of this act. The Department of
18 Management Services, the Department of Labor and Employment
19 Security, and all other state agencies identified by Workforce
20 Florida, Inc., shall cooperate fully in developing and
21 implementing the plan and shall dedicate the financial and
22 staff resources that are necessary to implement the plan.
23 (3) The Governor shall designate a staff member of the
24 Office of Planning and Budgeting to serve as the Governor's
25 primary representative on matters related to implementing this
26 act and the transition plan required under this section. The
27 representative shall report to the Governor, the President of
28 the Senate, and the Speaker of the House of Representatives on
29 the progress being made in implementing this act and the
30 transition plan, including, but not limited to, the adverse
31 impact on workforce services provided to the public, or any
48
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 other negative consequence, of meeting any deadline imposed by
2 this act, any difficulties experienced by Workforce Florida,
3 Inc., in securing the full participation and cooperation of
4 applicable state agencies. The representative shall also
5 coordinate the submission of any budget amendments, in
6 accordance with chapter 216, Florida Statutes, that may be
7 necessary to implement this act.
8 (4) Upon the recommendation and guidance from
9 Workforce Florida, Inc., in order to carry out the changes
10 made by this act to the workforce system, the Governor shall
11 submit in a timely manner to the applicable departments or
12 agencies of the Federal Government any necessary amendments or
13 supplemental information concerning plans that the state is
14 required to submit to the Federal Government in connection
15 with any federal or state workforce program. The Governor
16 shall seek any waivers from the requirements of federal law or
17 rules which may be necessary to administer the provisions of
18 this act.
19 (5) The transfer of any program, activity, or function
20 under this act includes the transfer of any records and
21 unexpended balances of appropriations, allocations, or other
22 funds related to such program, activity, or function. Unless
23 otherwise provided, the successor organization to any program,
24 activity, or function transferred under this act shall become
25 the custodian of any property of the organization that was
26 responsible for the program, activity, or function immediately
27 prior to the transfer.
28 (6) Workforce Florida, Inc., may contract with the
29 Office of Tourism, Trade, and Economic Development within the
30 Executive Office of the Governor to take any necessary initial
31 steps in preparing to become the state's principal workforce
49
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 policy organization on October 1, 2000, consistent with the
2 provisions of this act.
3 Section 11. (1) Effective July 1, 2000, the following
4 programs and functions are assigned and transferred to
5 Workforce Florida, Inc.:
6 (a) The WAGES Program State Board of Directors data,
7 records, property, and unexpended balances of appropriations,
8 allocations, and other funds from the Executive Office of the
9 Governor.
10 (b) The programs, activities, and functions of the
11 Workforce Development Board of Enterprise Florida, Inc.,
12 including records, personnel, property, and unexpended
13 balances of funds. To reduce administrative costs, Workforce
14 Florida, Inc., may contract with Enterprise Florida, Inc.,
15 for the provision of personnel, property management, and other
16 support services.
17 (2) Effective July 1, 2000, the Bureau of
18 Apprenticeship of the Division of Jobs and Benefits is
19 transferred by a type two transfer, as defined in s. 20.06(2),
20 Florida Statutes, from the Department of Labor and Employment
21 Security to the Division of Workforce Development in the
22 Department of Education.
23 (3) Effective October 1, 2000, employees of the
24 Workforce Development Board of Enterprise Florida, Inc., who
25 are leased from the Department of Management Services are
26 transferred by a type two transfer, as defined in s. 20.06(2),
27 Florida Statutes, to the Agency for Workforce Innovation.
28 State employees leased to the Workforce Development Board as
29 of June 30, 2000, may be leased to Workforce Florida, Inc., as
30 of the same date to perform administrative and professional
31 services. Additional state employees in the Agency for
50
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Workforce Innovation may be assigned to Workforce Florida,
2 Inc.
3 (4) Effective October 1, 2000, the following programs
4 and functions are transferred to the Agency for Workforce
5 Innovation:
6 (a) The Division of Workforce and Employment
7 Opportunities and the Office of Labor Market Statistics are
8 transferred by a type two transfer, as defined in s. 20.06(2),
9 Florida Statutes, from the Department of Labor and Employment
10 Security. Employees who are responsible for information
11 technology within the Division of Workforce and Employment
12 Opportunities, employees who are responsible for licensing and
13 permitting business agents and labor organizations under
14 chapter 447, Florida Statutes, and employees who are
15 responsible for regulations relating to minority labor groups
16 under chapter 450, Florida Statutes, are not included in this
17 transfer. The Agency for Workforce Innovation, in consultation
18 with the Department of Labor and Employment Security, shall
19 determine the number of positions needed for administrative
20 support of the programs within the Division of Workforce and
21 Employment Opportunities as transferred to the agency. The
22 number of administrative support positions the agency
23 determines are needed shall not exceed the number of
24 administrative support positions that prior to the transfer
25 were authorized to the Department of Labor and Employment
26 Security for this purpose. Upon transfer of the Division of
27 Workforce and Employment Opportunities, the number of required
28 administrative support positions as determined by the agency
29 shall be authorized within the agency.
30 (b) The resources, data, records, property, and
31 unexpended balances of appropriations, allocations, and other
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 funds within the Office of the Secretary or any other
2 division, office, bureau, or unit within the Department of
3 Labor and Employment Security that support the Division of
4 Workforce and Employment Opportunities are transferred by a
5 type two transfer, as defined in s. 20.06(2), Florida
6 Statutes, from the Department of Labor and Employment
7 Security.
8 (c) Staff of the displaced homemaker program are
9 transferred by a type two transfer, as defined in s. 20.06(2),
10 Florida Statutes, from the Department of Education.
11 (d) The Agency for Workforce Innovation, in
12 consultation with the Department of Management Services, shall
13 determine the number of positions needed to perform the WAGES
14 contracting function within the agency. The number of
15 positions the agency determines are needed shall not exceed
16 the number of positions that prior to the transfer were
17 authorized to the WAGES Contracting Division within the
18 Department of Management Services for this purpose. Upon
19 transfer of the WAGES Contracting Division, the number of
20 required positions as determined by the agency shall be
21 authorized within the agency.
22 (e) The resources, data, records, property, and
23 unexpended balances of appropriations, allocations, and other
24 funds within the WAGES Contracting Division are transferred by
25 a type two transfer, as defined in s. 20.06 (2), Florida
26 Statutes, from the Department of Management Services to the
27 Agency for Workforce Innovation.
28 (5) Unless already met or exceeded by reductions
29 required by the General Appropriations Act to division
30 positions authorized on June 30, 2000, prior to effecting the
31 transfer of staff required by paragraph (4)(a), the Department
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 of Labor and Employment Security shall reduce by 25 percent
2 within the Division of Workforce and Employment Opportunities
3 the number of positions not engaged in directly providing
4 workforce development services to customers or in supervising
5 the direct provision of workforce development services. Prior
6 to January 1, 2001, Workforce Florida, Inc., in cooperation
7 with the Agency for Workforce Innovation, shall submit to the
8 Governor, the President of the Senate, and the Speaker of the
9 House of Representatives a plan for reorganizing and further
10 reducing the number of staff members transferred pursuant to
11 paragraph (4)(a).
12 (6) The Department of Labor and Employment Security
13 shall develop a plan to reduce the department's existing
14 full-time positions to reflect the remaining mission of the
15 department. The department shall submit a budget amendment
16 for legislative notice and review under s. 216.177, Florida
17 Statutes, to implement the plan by October 1, 2000.
18 Section 12. Section 445.010, Florida Statutes, is
19 created to read:
20 445.010 Workforce system information technology;
21 principles and information sharing.--
22 (1) The following principles shall guide the
23 development and management of workforce system information
24 resources:
25 (a) Workforce system entities should be committed to
26 information sharing.
27 (b) Cooperative planning by workforce system entities
28 is a prerequisite for the effective development of systems to
29 enable the sharing of data.
30 (c) Workforce system entities should maximize public
31 access to data, while complying with legitimate security,
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 privacy, and confidentiality requirements.
2 (d) When the capture of data for the mutual benefit of
3 workforce system entities can be accomplished, the costs for
4 capturing, managing, and disseminating those data should be
5 shared.
6 (e) The redundant capture of data should, insofar as
7 possible, be eliminated.
8 (f) Only data that are auditable, or that otherwise
9 can be determined to be accurate, valid, and reliable, should
10 be maintained in workforce information systems.
11 (g) The design of workforce information systems should
12 support technological flexibility for users without
13 compromising system integration or data integrity, be based
14 upon open standards, and use platform-independent technologies
15 to the fullest extent possible.
16 (2) Information that is essential to the integrated
17 delivery of services through the one-stop delivery system must
18 be shared between partner agencies within the workforce system
19 to the full extent permitted under state and federal law. In
20 order to enable the full integration of services for a
21 specific workforce system customer, that customer must be
22 offered the opportunity to provide written consent prior to
23 sharing any information concerning that customer between the
24 workforce system partners which is subject to confidentiality
25 under state or federal law.
26 Section 13. Section 445.011, Florida Statutes, is
27 created to read:
28 445.011 Workforce information systems.--
29 (1) Workforce Florida, Inc., shall implement, subject
30 to legislative appropriation, automated information systems
31 that are necessary for the efficient and effective operation
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 and management of the workforce development system. These
2 information systems shall include, but need not be limited to,
3 the following:
4 (a) An integrated management system for the one-stop
5 service delivery system, which includes, at a minimum, common
6 registration and intake, screening for needs and benefits,
7 case planning and tracking, training benefits management,
8 service and training provider management, performance
9 reporting, executive information and reporting, and
10 customer-satisfaction tracking and reporting.
11 1. The system should report current budgeting,
12 expenditure, and performance information for assessing
13 performance related to outcomes, service delivery, and
14 financial administration for workforce programs pursuant to
15 ss. 445.004(5) and 445.004(9).
16 2. The information system should include auditable
17 systems and controls to ensure financial integrity and valid
18 and reliable performance information.
19 3. The system should support service integration and
20 case management by providing for case tracking for
21 participants in welfare transition programs.
22 (b) An automated job-matching information system that
23 is accessible to employers, job seekers, and other users via
24 the Internet, and that includes, at a minimum:
25 1. Skill match information, including skill gap
26 analysis; resume creation; job order creation; skill tests;
27 job search by area, employer type, and employer name; and
28 training provider linkage;
29 2. Job market information based on surveys, including
30 local, state, regional, national, and international
31 occupational and job availability information; and
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 3. Service provider information, including education
2 and training providers, child care facilities and related
3 information, health and social service agencies, and other
4 providers of services that would be useful to job seekers.
5 (2) In procuring workforce information systems,
6 Workforce Florida, Inc., shall employ competitive processes,
7 including requests for proposals, competitive negotiation, and
8 other competitive processes to ensure that the procurement
9 results in the most cost-effective investment of state funds.
10 (3) Workforce Florida, Inc., may procure independent
11 verification and validation services associated with
12 developing and implementing any workforce information system.
13 (4) Workforce Florida, Inc., shall coordinate
14 development and implementation of workforce information
15 systems with the state's Chief Information Officer in the
16 State Technology Office to ensure compatibility with the
17 state's information system strategy and enterprise
18 architecture.
19 Section 14. (1) By December 15, 2000, the
20 Postsecondary Education Planning Commission, in close
21 consultation with Workforce Florida, Inc., and in consultation
22 with the Division of Community Colleges and the Division of
23 Workforce Development in the Department of Education, the
24 State Board of Independent Colleges and Universities, and the
25 State Board of Nonpublic Career Education, shall submit a
26 report to the Governor, the President of the Senate, and the
27 Speaker of the House of Representatives, recommending
28 strategies to expand access to and production of certificates
29 and degrees in programs that provide the skilled workforce
30 needed for Florida's economy.
31 (2) The report shall address the following issues and
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 options:
2 (a) New and innovative targeted financial aid
3 programs.
4 (b) Initiatives to encourage the restructuring of
5 curriculum to provide a better response to the needs of
6 Florida's businesses and industries.
7 (c) Performance-based incentive funding to state
8 universities for increased production of graduates from
9 targeted programs.
10 (d) Performance-based incentive funding to state
11 universities and other initiatives for providing accelerated
12 articulation options to students awarded an Associate of
13 Science degree.
14 (e) Innovative uses of federal Workforce Investment
15 Act and Welfare to Work funds to provide the broadest
16 eligibility for and promote access to targeted high priority
17 educational programs.
18 Section 15. Section 445.013, Florida Statutes, is
19 created to read:
20 445.013 Challenge grants in support of welfare-to-work
21 initiatives.--
22 (1) Workforce Florida, Inc., shall establish a
23 "Step-Up Challenge Grant Program" designed to maximize the use
24 of federal welfare-to-work funds that are available to the
25 state. The purpose of this challenge grant program is to
26 ensure that needy Floridians obtain training and education to
27 support retention of employment and achievement of
28 self-sufficiency through career advancement.
29 (2) Workforce Florida, Inc., shall solicit the
30 participation of not-for-profit organizations, for-profit
31 organizations, educational institutions, and units of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 government in this program. Eligible organizations include,
2 but are not limited to:
3 (a) Public and private educational institutions, as
4 well as their associations and scholarship funds;
5 (b) Faith-based organizations;
6 (c) Community development or community improvement
7 organizations;
8 (d) College or university alumni organizations or
9 fraternities or sororities;
10 (e) Community-based organizations dedicated to
11 addressing the challenges of inner city, rural, or minority
12 youth;
13 (f) Chambers of commerce or similar business or civic
14 organizations;
15 (g) Neighborhood groups or associations, including
16 communities receiving a "Front Porch Florida" designation;
17 (h) Municipalities, counties, or other units of
18 government;
19 (i) Private businesses; and
20 (j) Other organizations deemed appropriate by
21 Workforce Florida, Inc.
22 (3) If an eligible organization pledges to sponsor an
23 individual in postemployment education or training approved by
24 Workforce Florida, Inc., by providing the match of nonfederal
25 funds required under the federal welfare-to-work grant
26 program, Workforce Florida, Inc., shall earmark
27 welfare-to-work funds in support of the sponsored individual
28 and the designated training or education project. Workforce
29 Florida, Inc., and the eligible organization shall enter into
30 an agreement governing the disbursement of funds which
31 specifies the services to be provided for the benefit of the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 eligible participant. Individuals receiving training or
2 education under this program must meet the eligibility
3 criteria of the federal welfare-to-work grant program, and
4 Workforce Florida, Inc., must disperse funds in compliance
5 with regulations or other requirements of the federal
6 welfare-to-work grant program.
7 (4) Workforce Florida, Inc., shall establish
8 guidelines governing the administration of the program
9 provided under this section and shall establish criteria to be
10 used in evaluating funding proposals. One of the evaluation
11 criteria must be a determination that the education or
12 training provided under the grant will enhance the ability of
13 the individual to retain employment and achieve
14 self-sufficiency through career advancement.
15 (5) Federal welfare-to-work funds appropriated by the
16 Legislature which are not fully expended in support of this
17 program may be used by Workforce Florida, Inc., in support of
18 other activities authorized under the welfare-to-work grant.
19 Section 16. Section 288.9955, Florida Statutes, is
20 transferred, renumbered as section 445.016, Florida Statutes,
21 and amended to read:
22 445.016 288.9955 Untried Worker Placement and
23 Employment Incentive Act.--
24 (1) This section may be cited as the "Untried Worker
25 Placement and Employment Incentive Act."
26 (2) For purposes of this section, the term "untried
27 worker" means a person who is a hard-to-place participant in
28 the welfare transition program Work and Gain Economic
29 Self-sufficiency Program (WAGES) because he or she has
30 limitations associated with the long-term receipt of welfare
31 and difficulty in sustaining employment, particularly because
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 of physical or mental disabilities.
2 (3) Incentive payments may be made to for-profit or
3 not-for-profit agents selected by regional workforce boards
4 local WAGES coalitions who successfully place untried workers
5 in full-time employment for 6 months with an employer after
6 the employee successfully completes a probationary placement
7 of no more than 6 months with that employer. Full-time
8 employment that includes health care benefits will receive an
9 additional incentive payment.
10 (4) The for-profit and not-for-profit agents shall
11 contract to provide services for no more than 1 year.
12 Contracts may be renewed upon successful review by the
13 contracting agent.
14 (5) Incentives must be paid according to the incentive
15 schedule developed by Workforce Florida, Inc., the Agency for
16 Workforce Development, the Department of Labor and Employment
17 Security and the Department of Children and Family Services
18 which costs the state less per placement than the state's
19 12-month expenditure on a welfare recipient.
20 (6) During an untried worker's probationary placement,
21 the for-profit or not-for-profit agent shall be the employer
22 of record of that untried worker, and shall provide workers'
23 compensation and unemployment compensation coverage as
24 provided by law. The business employing the untried worker
25 through the agent may be eligible to apply for any tax
26 credits, wage supplementation, wage subsidy, or employer
27 payment for that employee that are authorized in law or by
28 agreement with the employer. After satisfactory completion of
29 such a probationary period, an untried worker shall not be
30 considered an untried worker.
31 (7) This section shall not be used for the purpose of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 displacing or replacing an employer's regular employees, and
2 shall not interfere with executed collective bargaining
3 agreements. Untried workers shall be paid by the employer at
4 the same rate as similarly situated and assessed workers in
5 the same place of employment.
6 (8) An employer that demonstrates a pattern of
7 unsuccessful placements shall be disqualified from
8 participation in these pilots because of poor return on the
9 public's investment.
10 (9) Any employer that chooses to employ untried
11 workers is eligible to receive such incentives and benefits
12 that are available and provided in law, as long as the
13 long-term, cost savings can be quantified with each such
14 additional inducement.
15 Section 17. Section 414.15, Florida Statutes, is
16 transferred, renumbered as section 445.017, Florida Statutes,
17 and amended to read:
18 445.017 414.15 Diversion.--
19 (1) Many customers of the one-stop delivery system A
20 segment of applicants do not need ongoing temporary cash
21 assistance, but, due to an unexpected circumstance or
22 emergency situation, require some immediate assistance to
23 secure or retain in meeting a financial obligation while they
24 are securing employment or child support. These immediate
25 obligations may include a shelter or utility payment, a car
26 repair to continue employment, or other services that
27 assistance which will alleviate the applicant's emergency
28 financial need and allow the person to focus on obtaining or
29 continuing employment.
30 (2) Up-front diversion shall involve four steps:
31 (a) Linking applicants with job opportunities as the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 first option to meet the assistance group's need.
2 (b) Where possible, Offering services, such as child
3 care or transportation, one-time help as an alternative to
4 welfare.
5 (c) Screening applicants to respond to emergency
6 needs.
7 (d) Offering a one-time payment of up to $1,000 per
8 family. Performing up-front fraud prevention investigations,
9 if appropriate.
10 (3) Before finding an applicant family eligible for
11 up-front diversion services funds, the regional workforce
12 board department must determine that all requirements of
13 eligibility for diversion services would likely be met.
14 (4) The regional workforce board department shall
15 screen each applicant family on a case-by-case basis for
16 barriers to obtaining or retaining employment. The screening
17 shall identify barriers that, if corrected, may prevent the
18 family from receiving temporary cash assistance on a regular
19 basis. Assistance to overcome a barrier to employment is not
20 limited to cash, but may include vouchers or other in-kind
21 benefits.
22 (5) The diversion payment shall be limited to an
23 amount not to exceed 2 months' temporary cash assistance,
24 based on family size.
25 (5)(6) The family receiving up-front diversion must
26 sign an agreement restricting the family from applying for
27 temporary cash assistance for 3 months, unless an emergency is
28 demonstrated to the regional workforce board department. If a
29 demonstrated emergency forces the family to reapply for
30 temporary cash assistance within 3 months after receiving a
31 diversion payment, the diversion payment shall be prorated
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 over an 8-month the 2-month period and deducted subtracted
2 from any regular payment of temporary cash assistance for
3 which the family is applicant may be eligible.
4 Section 18. Section 445.018, Florida Statutes, is
5 created to read:
6 445.018 Diversion program to strengthen Florida's
7 families.--
8 (1) The diversion program to strengthen families in
9 this state is intended to provide services that assist
10 families in avoiding welfare dependency by gaining and
11 retaining employment.
12 (2) Before finding a family eligible for the diversion
13 program created under this section, a determination must be
14 made that:
15 (a) The family includes a pregnant woman or a parent
16 with one or more minor children or a caretaker relative with
17 one or more minor children.
18 (b) The family is at risk of welfare dependency
19 because the family's income does not exceed 200 percent of the
20 federal poverty level.
21 (c) The provision of services related to employment,
22 including assessment, service planning and coordination, job
23 placement, employment-related education or training, child
24 care services, transportation services, relocation services,
25 workplace employment support services, individual or family
26 counseling, or a Retention Incentive Training Account (RITA),
27 are likely to prevent the family from becoming dependent on
28 welfare by enabling employable adults in the family to become
29 employed, remain employed, or pursue career advancement.
30 (3) The services provided under this section are not
31 considered assistance under federal law or guidelines.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (4) Each family that receives services under this
2 section must sign an agreement not to apply for temporary cash
3 assistance for 6 months following the receipt of services,
4 unless an unanticipated emergency situation arises. If a
5 family applies for temporary cash assistance without a
6 documented emergency, the family must repay the value of the
7 diversion services provided. Repayment may be prorated over 8
8 months and shall be paid through a reduction in the amount of
9 any monthly temporary cash assistance payment received by the
10 family.
11 (5) Notwithstanding any provision to the contrary, a
12 family that meets the requirements of subsection (2) is
13 considered a needy family and is eligible for services under
14 this section.
15 Section 19. Section 414.159, Florida Statutes, is
16 transferred, renumbered as section 445.019, Florida Statutes,
17 and amended to read:
18 445.019 414.159 Teen parent and pregnancy prevention
19 diversion program; eligibility for services.--The Legislature
20 recognizes that teen pregnancy is a major cause of dependency
21 on government assistance that often extends through more than
22 one generation. The purpose of the teen parent and pregnancy
23 prevention diversion program is to provide services to reduce
24 and avoid welfare dependency by reducing teen pregnancy,
25 reducing the incidence of multiple pregnancies to teens, and
26 by assisting teens in completing educational programs.
27 (1) Notwithstanding any provision to the contrary in
28 ss. 414.075, 414.085, and 414.095, a teen who is determined to
29 be at risk of teen pregnancy or who already has a child shall
30 be deemed eligible to receive services under this program.
31 (2) Services provided under this program shall be
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 limited to services that are not considered assistance under
2 federal law or guidelines.
3 (3) Receipt of services under this section does shall
4 not preclude eligibility for, or receipt of, other assistance
5 or services under this chapter 414.
6 Section 20. Section 445.020, Florida Statutes, is
7 created to read:
8 445.020 Diversion programs; determination of need.--If
9 federal regulations require a determination of needy families
10 or needy parents to be based on financial criteria, such as
11 income or resources, for individuals or families who are
12 receiving services, one-time payments, or nonrecurring
13 short-term benefits, the Department of Children and Family
14 Services shall adopt rules to define such criteria. In such
15 rules, the department shall use the income level established
16 for Temporary Assistance for Needy Families funds which are
17 transferred for use under Title XX of the Social Security Act.
18 If federal regulations do not require a financial
19 determination for receipt of such benefits, payments, or
20 services, the criteria otherwise established in this chapter
21 shall be used.
22 Section 21. Section 414.155, Florida Statutes, is
23 transferred, renumbered as section 445.021, Florida Statutes,
24 and amended to read:
25 445.021 414.155 Relocation assistance program.--
26 (1) The Legislature recognizes that the need for
27 public assistance may arise because a family is located in an
28 area with limited employment opportunities, because of
29 geographic isolation, because of formidable transportation
30 barriers, because of isolation from their extended family, or
31 because domestic violence interferes with the ability of a
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 parent to maintain self-sufficiency. Accordingly, there is
2 established a program to assist families in relocating to
3 communities with greater opportunities for self-sufficiency.
4 (2) The relocation assistance program shall involve
5 five steps by the regional workforce board, in cooperation
6 with the Department of Children and Family Services or a local
7 WAGES coalition:
8 (a) A determination that the family is receiving
9 temporary cash assistance a WAGES Program participant or that
10 all requirements of eligibility for diversion services the
11 WAGES Program would likely be met.
12 (b) A determination that there is a basis for
13 believing that relocation will contribute to the ability of
14 the applicant to achieve self-sufficiency. For example, the
15 applicant:
16 1. Is unlikely to achieve economic self-sufficiency
17 independence at the current community of residence;
18 2. Has secured a job that provides an increased salary
19 or improved benefits and that requires relocation to another
20 community;
21 3. Has a family support network that will contribute
22 to job retention in another community; or
23 4. Is determined, pursuant to criteria or procedures
24 established by the WAGES Program State board of directors of
25 Workforce Florida, Inc., to be a victim of domestic violence
26 who would experience reduced probability of further incidents
27 through relocation; or.
28 5. Must relocate in order to receive education or
29 training that is directly related to the applicant's
30 employment or career advancement.
31 (c) Establishment of a relocation plan that which
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 includes such requirements as are necessary to prevent abuse
2 of the benefit and provisions to protect the safety of victims
3 of domestic violence and avoid provisions that place them in
4 anticipated danger. The payment to defray relocation expenses
5 shall be determined based on criteria a rule approved by the
6 WAGES Program State board of directors of Workforce Florida,
7 Inc. and adopted by the department. Participants in the
8 relocation program shall be eligible for diversion or
9 transitional benefits.
10 (d) A determination, pursuant to criteria adopted by
11 the WAGES Program State board of directors of Workforce
12 Florida, Inc., that a Florida community receiving a relocated
13 family has the capacity to provide needed services and
14 employment opportunities.
15 (e) Monitoring the relocation.
16 (3) A family receiving relocation assistance for
17 reasons other than domestic violence must sign an agreement
18 restricting the family from applying for temporary cash
19 assistance for a period of 6 months specified in a rule
20 approved by the WAGES Program State Board of Directors and
21 adopted by the department, unless an emergency is demonstrated
22 to the regional workforce board department. If a demonstrated
23 emergency forces the family to reapply for temporary cash
24 assistance within such period, after receiving a relocation
25 assistance payment, repayment must be made on a prorated basis
26 and subtracted from any regular payment of temporary cash
27 assistance for which the applicant may be eligible, as
28 specified in a rule approved by the WAGES Program State Board
29 of Directors and adopted by the department.
30 (4) The department shall have authority to adopt rules
31 pursuant to the Administrative Procedure Act to determine that
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 a community has the capacity to provide services and
2 employment opportunities for a relocated family.
3 (4)(5) The board of directors of Workforce Florida,
4 Inc., may establish criteria for developing and implementing
5 department shall have authority to adopt rules pursuant to the
6 Administrative Procedure Act to develop and implement
7 relocation plans and for drafting agreements to restrict to
8 draft an agreement restricting a family from applying for
9 temporary cash assistance for a specified period after
10 receiving a relocation assistance payment.
11 Section 22. Section 414.223, Florida Statutes, is
12 transferred, renumbered as section 445.022, Florida Statutes,
13 and amended to read:
14 445.022 414.223 Retention Incentive Training
15 Accounts.--To promote job retention and to enable upward job
16 advancement into higher skilled, higher paying employment, the
17 WAGES Program State board of directors of Workforce Florida,
18 Inc., and, the Workforce Development Board, regional workforce
19 development boards, and local WAGES coalitions may jointly
20 assemble, from postsecondary education institutions, a list of
21 programs and courses for WAGES participants who have become
22 employed which promote job retention and advancement.
23 (1) The WAGES Program State board of directors of
24 Workforce Florida, Inc., and the Workforce Development Board
25 may jointly establish Retention Incentive Training Accounts
26 (RITAs). RITAs shall utilize Temporary Assistance to Needy
27 Families (TANF) block grant funds specifically appropriated
28 for this purpose. RITAs must complement the Individual
29 Training Account required by the federal Workforce Investment
30 Act of 1998, Pub. L. No. 105-220.
31 (2) RITAs may pay for tuition, fees, educational
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 materials, coaching and mentoring, performance incentives,
2 transportation to and from courses, child care costs during
3 education courses, and other such costs as the regional
4 workforce development boards determine are necessary to effect
5 successful job retention and advancement.
6 (3) Regional workforce development boards shall retain
7 only those courses that continue to meet their performance
8 standards as established in their local plan.
9 (4) Regional workforce development boards shall report
10 annually to the Legislature on the measurable retention and
11 advancement success of each program provider and the
12 effectiveness of RITAs, making recommendations for any needed
13 changes or modifications.
14 Section 23. Section 414.18, Florida Statutes, is
15 transferred, renumbered as section 445.023, Florida Statutes,
16 and amended to read:
17 445.023 414.18 Program for dependent care for families
18 with children with special needs.--
19 (1) There is created the program for dependent care
20 for families with children with special needs. This program
21 is intended to provide assistance to families with children
22 who meet the following requirements:
23 (a) The child or children are between the ages of 13
24 and 17 years, inclusive.
25 (b) The child or children are considered to be
26 children with special needs as defined by the subsidized child
27 care program authorized under s. 402.3015.
28 (c) The family meets the income guidelines established
29 under s. 402.3015. Financial eligibility for this program
30 shall be based solely on the guidelines used for subsidized
31 child care, notwithstanding any financial eligibility criteria
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 to the contrary in s. 414.075, s. 414.085, or s. 414.095.
2 (2) Implementation of this program shall be subject to
3 appropriation of funds for this purpose.
4 (3) If federal funds under the Temporary Assistance
5 for Needy Families block grant provided under Title IV-A of
6 the Social Security Act, as amended, are used for this
7 program, the family must be informed about the federal
8 requirements on receipt of such assistance and must sign a
9 written statement acknowledging, and agreeing to comply with,
10 all federal requirements.
11 (4) In addition to child care services provided under
12 s. 402.3015, dependent care may be provided for children age
13 13 years and older who are in need of care due to disability
14 and where such care is needed for the parent to accept or
15 continue employment or otherwise participate in work
16 activities. The amount of subsidy shall be consistent with the
17 rates for special needs child care established by the
18 department. Dependent care needed for employment may be
19 provided as transitional services for up to 2 years after
20 eligibility for temporary cash WAGES assistance ends.
21 (5) Notwithstanding any provision of s. 414.105 to the
22 contrary, the time limitation on receipt of assistance under
23 this section shall be the limit established pursuant to s.
24 408(a)(7) of the Social Security Act, as amended, 42 U.S.C. s.
25 608(a)(7).
26 Section 24. Section 445.024, Florida Statutes, is
27 created to read:
28 445.024 Work requirements.--
29 (1) WORK ACTIVITIES.--The following activities may be
30 used individually or in combination to satisfy the work
31 requirements for a participant in the temporary cash
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 assistance program:
2 (a) Unsubsidized employment.--Unsubsidized employment
3 is full-time employment or part-time employment that is not
4 directly supplemented by federal or state funds. Paid
5 apprenticeship and cooperative education activities are
6 included in this activity.
7 (b) Subsidized private sector employment.--Subsidized
8 private sector employment is employment in a private
9 for-profit enterprise or a private not-for-profit enterprise
10 which is directly supplemented by federal or state funds. A
11 subsidy may be provided in one or more of the forms listed in
12 this paragraph.
13 1. Work supplementation.--A work supplementation
14 subsidy diverts a participant's temporary cash assistance
15 under the program to the employer. The employer must pay the
16 participant wages that equal or exceed the applicable federal
17 minimum wage. Work supplementation may not exceed 6 months. At
18 the end of the supplementation period, the employer is
19 expected to retain the participant as a regular employee
20 without receiving a subsidy. A work supplementation agreement
21 may not be continued with any employer who exhibits a pattern
22 of failing to provide participants with continued employment
23 after the period of work supplementation ends.
24 2. On-the-job training.--On-the-job training is
25 full-time, paid employment in which the employer or an
26 educational institution, in cooperation with the employer,
27 provides training needed for the participant to perform the
28 skills required for the position. The employer or the
29 educational institution on behalf of the employer receives a
30 subsidy to offset the cost of the training provided to the
31 participant. Upon satisfactory completion of the training, the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 employer is expected to retain the participant as a regular
2 employee without receiving a subsidy. An on-the-job training
3 agreement may not be continued with any employer who exhibits
4 a pattern of failing to provide participants with continued
5 employment after the on-the-job training subsidy ends.
6 3. Incentive payments.--Regional workforce boards may
7 provide additional incentive payments to encourage employers
8 to employ program participants. Incentive payments may include
9 payments to encourage the employment of hard-to-place
10 participants, in which case the amount of the payment shall be
11 weighted proportionally to the extent to which the participant
12 has limitations associated with the long-term receipt of
13 welfare and difficulty in sustaining employment. Incentive
14 payments may also include payments to encourage employers to
15 provide health care insurance benefits to current or former
16 program participants. In establishing incentive payments,
17 regional workforce boards shall consider the extent of prior
18 receipt of welfare, lack of employment experience, lack of
19 education, lack of job skills, and other appropriate factors.
20 A participant who has complied with program requirements and
21 who is approaching the time limit for receiving temporary cash
22 assistance may be defined as "hard to place." Incentive
23 payments may include payments in which an initial payment is
24 made to the employer upon the employment of a participant, and
25 the majority of the incentive payment is made after the
26 employer retains the participant as a full-time employee for
27 at least 12 months. An incentive agreement may not be
28 continued with any employer who exhibits a pattern of failing
29 to provide participants with continued employment after the
30 incentive payments cease.
31 4. Tax credits.--An employer who employs a program
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 participant may qualify for enterprise zone property tax
2 credits under s. 220.182, the tax refund program for qualified
3 target industry businesses under s. 288.106, or other federal
4 or state tax benefits. The regional workforce board shall
5 provide information and assistance, as appropriate, to use
6 such credits to accomplish program goals.
7 5. Training bonus.--An employer who hires a
8 participant in the welfare transition program and pays the
9 participant a wage that precludes the participant's
10 eligibility for temporary cash assistance may receive $250 for
11 each full month of employment for a period that may not exceed
12 3 months. An employer who receives a training bonus for an
13 employee may not receive a work supplementation subsidy for
14 the same employee. "Employment" is defined as 35 hours per
15 week at a wage of no less than minimum wage.
16 (c) Subsidized public sector employment.--Subsidized
17 public sector employment is employment by an agency of the
18 federal, state, or local government which is directly
19 supplemented by federal or state funds. The applicable
20 subsidies provided under paragraph (b) may be used to
21 subsidize employment in the public sector, except that
22 priority for subsidized employment shall be employment in the
23 private sector. Public sector employment is distinguished from
24 work experience in that the participant is paid wages and
25 receives the same benefits as a nonsubsidized employee who
26 performs similar work. Work-study activities administered by
27 educational institutions are included in this activity.
28 (d) Community service work experience.--Community
29 service work experience is job training experience at a
30 supervised public or private not-for-profit agency. A
31 participant shall receive temporary cash assistance in the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 form of wages, which, when combined with the value of food
2 stamps awarded to the participant, is proportional to the
3 amount of time worked. A participant in the welfare transition
4 program or the Food Stamp Employment and Training program
5 assigned to community service work experience shall be deemed
6 an employee of the state for purposes of workers' compensation
7 coverage and is subject to the requirements of the drug-free
8 workplace program. Community service work experience may be
9 selected as an activity for a participant who needs to
10 increase employability by improving his or her interpersonal
11 skills, job-retention skills, stress management, and job
12 problem solving, and by learning to attain a balance between
13 job and personal responsibilities. Community service is
14 intended to:
15 1. Assess compliance with requirements of the welfare
16 transition program before referral of the participant to
17 costly services such as career education;
18 2. Maintain work activity status while the participant
19 awaits placement into paid employment or training;
20 3. Fulfill a clinical practicum or internship
21 requirement related to employment; or
22 4. Provide work-based mentoring.
23
24 As used in this paragraph, the terms "community service
25 experience," "community work," and "workfare" are synonymous.
26 (e) Work experience.--Work experience is an
27 appropriate work activity for participants who lack
28 preparation for or experience in the workforce. It must
29 combine a job training activity in a public or private
30 not-for-profit agency with education and training related to
31 an employment goal. To qualify as a work activity, work
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 experience must include education and training in addition to
2 the time required by the work activity, and the work activity
3 must be intensively supervised and structured. Regional
4 workforce boards shall contract for any services provided for
5 clients who are assigned to this activity and shall require
6 performance benchmarks, goals, outcomes, and time limits
7 designed to assure that the participant moves toward full-time
8 paid employment. A participant shall receive temporary cash
9 assistance proportional to the time worked. A participant
10 assigned to work experience is an employee of the state for
11 purposes of workers' compensation coverage and is subject to
12 the requirements of the drug-free workplace program.
13 (f) Job search and job readiness assistance.--Job
14 search assistance may include supervised or unsupervised
15 job-seeking activities. Job readiness assistance provides
16 support for job-seeking activities, which may include:
17 1. Orientation to the world of work and basic
18 job-seeking and job retention skills.
19 2. Instruction in completing an application for
20 employment and writing a resume.
21 3. Instruction in conducting oneself during a job
22 interview, including appropriate dress.
23 4. Instruction in how to retain a job, plan a career,
24 and perform successfully in the workplace.
25
26 Job readiness assistance may also include providing a
27 participant with access to an employment resource center that
28 contains job listings, telephones, facsimile machines,
29 typewriters, and word processors. Job search and job readiness
30 activities may be used in conjunction with other program
31 activities, such as work experience, but may not be the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 primary work activity for longer than the length of time
2 permitted under federal law.
3 (g) Vocational education or training.--Vocational
4 education or training is education or training designed to
5 provide participants with the skills and certification
6 necessary for employment in an occupational area. Vocational
7 education or training may be used as a primary program
8 activity for participants when it has been determined that the
9 individual has demonstrated compliance with other phases of
10 program participation and successful completion of the
11 vocational education or training is likely to result in
12 employment entry at a higher wage than the participant would
13 have been likely to attain without completion of the
14 vocational education or training. Vocational education or
15 training may be combined with other program activities and
16 also may be used to upgrade skills or prepare for a higher
17 paying occupational area for a participant who is employed.
18 1. Unless otherwise provided in this section,
19 vocational education shall not be used as the primary program
20 activity for a period which exceeds 12 months. The 12-month
21 restriction applies to instruction in a career education
22 program and does not include remediation of basic skills,
23 including English language proficiency, if remediation is
24 necessary to enable a participant to benefit from a career
25 education program. Any necessary remediation must be completed
26 before a participant is referred to vocational education as
27 the primary work activity. In addition, use of vocational
28 education or training shall be restricted to the limitation
29 established in federal law. Vocational education included in a
30 program leading to a high school diploma shall not be
31 considered vocational education for purposes of this section.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 2. When possible, a provider of vocational education
2 or training shall use funds provided by funding sources other
3 than the regional workforce board. The regional workforce
4 board may provide additional funds to a vocational education
5 or training provider only if payment is made pursuant to a
6 performance-based contract. Under a performance-based
7 contract, the provider may be partially paid when a
8 participant completes education or training, but the majority
9 of payment shall be made following the participant's
10 employment at a specific wage or job retention for a specific
11 duration. Performance-based payments made under this
12 subparagraph are limited to education or training for targeted
13 occupations identified by the Workforce Estimating Conference
14 under s. 216.136, or other programs identified by Workforce
15 Florida, Inc., as beneficial to meet the needs of designated
16 groups who are hard to place. If the contract pays the full
17 cost of training, the community college or school district may
18 not report the participants for other state funding.
19 (h) Job skills training.--Job skills training includes
20 customized training designed to meet the needs of a specific
21 employer or a specific industry. Job skills training shall
22 include literacy instruction, and may include English
23 proficiency instruction or Spanish language or other language
24 instruction if necessary to enable a participant to perform in
25 a specific job or job training program or if the training
26 enhances employment opportunities in the local community. A
27 participant may be required to complete an entrance assessment
28 or test before entering into job skills training.
29 (i) Education services related to employment for
30 participants 19 years of age or younger.--Education services
31 provided under this paragraph are designed to prepare a
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 participant for employment in an occupation. The agency shall
2 coordinate education services with the school-to-work
3 activities provided under s. 229.595. Activities provided
4 under this paragraph are restricted to participants 19 years
5 of age or younger who have not completed high school or
6 obtained a high school equivalency diploma.
7 (j) School attendance.--Attendance at a high school or
8 attendance at a program designed to prepare the participant to
9 receive a high school equivalency diploma is a required
10 program activity for each participant 19 years of age or
11 younger who:
12 1. Has not completed high school or obtained a high
13 school equivalency diploma;
14 2. Is a dependent child or a head of household; and
15 3. For whom it has not been determined that another
16 program activity is more appropriate.
17 (k) Teen parent services.--Participation in medical,
18 educational, counseling, and other services that are part of a
19 comprehensive program is a required activity for each teen
20 parent who participates in the welfare transition program.
21 (l) Extended education and training.--Notwithstanding
22 any other provisions of this section to the contrary, the
23 board of directors of Workforce Florida, Inc., may approve a
24 plan by a regional workforce board for assigning, as work
25 requirements, educational activities that exceed or are not
26 included in those provided elsewhere in this section and that
27 do not comply with federal work participation requirement
28 limitations. In order to be eligible to implement this
29 provision, a regional workforce board must continue to exceed
30 the overall federal work participation rate requirements. For
31 purposes of this paragraph, the board of directors of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Workforce Florida, Inc., may adjust the regional participation
2 requirement based on regional caseload decline. However, this
3 adjustment is limited to no more than the adjustment produced
4 by the calculation used to generate federal adjustments to the
5 participation requirement due to caseload decline.
6 (m) GED preparation and literacy
7 education.--Satisfactory attendance at secondary school or in
8 a course of study leading to a graduate equivalency diploma,
9 if a participant has not completed secondary school or
10 received such a diploma. English language proficiency
11 training may be included as a part of the education if it is
12 deemed the individual requires such training to complete
13 secondary school or to attain a graduate equivalency diploma.
14 To calculate countable hours attributable to education, a
15 participant may earn study credits equal to the number of
16 actual hours spent in formal training per week, but the total
17 number of hours earned for actual hours spent in formal
18 training and studying may not exceed a one to one and one-half
19 ratio for the week. Countable hours are subject to the
20 restrictions contained in 45 C.F.R. s. 261.31.
21 (n) Providing child care services.--Providing child
22 care services to an individual who is participating in a
23 community service program pursuant to this section.
24 (2) WORK ACTIVITY REQUIREMENTS.--Each individual who
25 is not otherwise exempt must participate in a work activity,
26 except for community service work experience, for the maximum
27 number of hours allowable under federal law, provided that no
28 participant be required to work more than 40 hours per week or
29 less than the minimum number of hours required by federal law.
30 The maximum number of hours each month that a participant may
31 be required to participate in community service activities is
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the greater of: the number of hours that would result from
2 dividing the family's monthly amount for temporary cash
3 assistance and food stamps by the federal minimum wage and
4 then dividing that result by the number of participants in the
5 family who participate in community service activities, or the
6 minimum required to meet federal participation requirements.
7 However, in no case shall the maximum hours required per week
8 for community work experience exceed 40 hours. An applicant
9 shall be referred for employment at the time of application if
10 the applicant is eligible to participate in the welfare
11 transition program.
12 (a) A participant in a work activity may also be
13 required to enroll in and attend a course of instruction
14 designed to increase literacy skills to a level necessary for
15 obtaining or retaining employment, provided that the
16 instruction plus the work activity does not require more than
17 40 hours per week.
18 (b) Program funds may be used, as available, to
19 support the efforts of a participant who meets the work
20 activity requirements and who wishes to enroll in or continue
21 enrollment in an adult general education program or a career
22 education program.
23 (3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
24 following individuals are exempt from work activity
25 requirements:
26 (a) A minor child under 16 years of age.
27 (b) An individual who receives benefits under the
28 Supplemental Security Income program or the Social Security
29 Disability Insurance program.
30 (c) Adults who are not included in the calculation of
31 temporary cash assistance in child-only cases.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (d) One custodial parent with a child under 3 months
2 of age, except that the parent may be required to attend
3 parenting classes or other activities to better prepare for
4 the responsibilities of raising a child. If the custodial
5 parent is 19 years of age or younger and has not completed
6 high school or the equivalent, he or she may be required to
7 attend school or other appropriate educational activities.
8 (e) An individual who is exempt from the time period
9 pursuant to s. 415.015.
10 (4) PRIORITIZATION OF WORK REQUIREMENTS.--Regional
11 workforce boards shall require participation in work
12 activities to the maximum extent possible, subject to federal
13 and state funding. If funds are projected to be insufficient
14 to allow full-time work activities by all program participants
15 who are required to participate in work activities, regional
16 workforce boards shall screen participants and assign priority
17 based on the following:
18 (a) In accordance with federal requirements, at least
19 one adult in each two-parent family shall be assigned priority
20 for full-time work activities.
21 (b) Among single-parent families, a family that has
22 older preschool children or school-age children shall be
23 assigned priority for work activities.
24 (c) A participant who has access to nonsubsidized
25 child care may be assigned priority for work activities.
26 (d) Priority may be assigned based on the amount of
27 time remaining until the participant reaches the applicable
28 time limit for program participation or may be based on
29 requirements of a case plan.
30
31 Regional workforce boards may limit a participant's weekly
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 work requirement to the minimum required to meet federal work
2 activity requirements in lieu of the level defined in
3 subsection (2). Regional workforce boards may develop
4 screening and prioritization procedures based on the
5 allocation of resources, the availability of community
6 resources, or the work activity needs of the service district.
7 (5) USE OF CONTRACTS.--Regional workforce boards shall
8 provide work activities, training, and other services, as
9 appropriate, through contracts. In contracting for work
10 activities, training, or services, the following applies:
11 (a) A contract must be performance-based. Payment
12 shall be tied to performance outcomes that include factors
13 such as, but not limited to, diversion from cash assistance,
14 job entry, job entry at a target wage, job retention, and
15 connection to transition services rather than tied to
16 completion of training or education or any other phase of the
17 program participation process.
18 (b) A contract may include performance-based incentive
19 payments that may vary according to the extent to which the
20 participant is more difficult to place. Contract payments may
21 be weighted proportionally to reflect the extent to which the
22 participant has limitations associated with the long-term
23 receipt of welfare and difficulty in sustaining employment.
24 The factors may include the extent of prior receipt of
25 welfare, lack of employment experience, lack of education,
26 lack of job skills, and other factors determined appropriate
27 by the regional workforce board.
28 (c) Notwithstanding the exemption from the competitive
29 sealed bid requirements provided in s. 287.057(3)(f) for
30 certain contractual services, each contract awarded under this
31 chapter must be awarded on the basis of a competitive sealed
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 bid, except for a contract with a governmental entity as
2 determined by the regional workforce board.
3 (d) Regional workforce boards may contract with
4 commercial, charitable, or religious organizations. A contract
5 must comply with federal requirements with respect to
6 nondiscrimination and other requirements that safeguard the
7 rights of participants. Services may be provided under
8 contract, certificate, voucher, or other form of disbursement.
9 (e) The administrative costs associated with a
10 contract for services provided under this section may not
11 exceed the applicable administrative cost ceiling established
12 in federal law. An agency or entity that is awarded a contract
13 under this section may not charge more than 7 percent of the
14 value of the contract for administration, unless an exception
15 is approved by the regional workforce board. A list of any
16 exceptions approved must be submitted to the board of
17 directors of Workforce Florida, Inc., for review, and the
18 board may rescind approval of the exception.
19 (f) Regional workforce boards may enter into contracts
20 to provide short-term work experience for the chronically
21 unemployed as provided in this section.
22 (g) A tax-exempt organization under s. 501(c) of the
23 Internal Revenue Code of 1986 which receives funds under this
24 chapter must disclose receipt of federal funds on any
25 advertising, promotional, or other material in accordance with
26 federal requirements.
27 (6) PROTECTIONS FOR PARTICIPANTS.--Each participant is
28 subject to the same health, safety, and nondiscrimination
29 standards established under federal, state, or local laws that
30 otherwise apply to other individuals engaged in similar
31 activities who are not participants in the welfare transition
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 program.
2 (7) PROTECTION FOR CURRENT EMPLOYEES.--In establishing
3 and contracting for work experience and community service
4 activities, other work experience activities, on-the-job
5 training, subsidized employment, and work supplementation
6 under the welfare transition program, an employed worker may
7 not be displaced, either completely or partially. A
8 participant may not be assigned to an activity or employed in
9 a position if the employer has created the vacancy or
10 terminated an existing employee without good cause in order to
11 fill that position with a program participant.
12 (8) CONTRACTS FOR VOCATIONAL ASSESSMENTS AND WORK
13 EVALUATIONS.--Vocational assessments or work evaluations by
14 the Occupational Access and Opportunity Commission pursuant to
15 this section shall be performed under contract with the
16 regional workforce boards.
17 Section 25. Section 414.20, Florida Statutes, is
18 transferred, renumbered as section 445.025, Florida Statutes,
19 and amended to read:
20 445.025 414.20 Other support services.--Support
21 services shall be provided, if resources permit, to assist
22 participants in complying with work activity requirements
23 outlined in s. 445.024 s. 414.065. If resources do not permit
24 the provision of needed support services, the regional
25 workforce board department and the local WAGES coalition may
26 prioritize or otherwise limit provision of support services.
27 This section does not constitute an entitlement to support
28 services. Lack of provision of support services may be
29 considered as a factor in determining whether good cause
30 exists for failing to comply with work activity requirements
31 but does not automatically constitute good cause for failing
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 to comply with work activity requirements, and does not affect
2 any applicable time limit on the receipt of temporary cash
3 assistance or the provision of services under this chapter
4 414. Support services shall include, but need not be limited
5 to:
6 (1) TRANSPORTATION.--Transportation expenses may be
7 provided to any participant when the assistance is needed to
8 comply with work activity requirements or employment
9 requirements, including transportation to and from a child
10 care provider. Payment may be made in cash or tokens in
11 advance or through reimbursement paid against receipts or
12 invoices. Transportation services may include, but are not
13 limited to, cooperative arrangements with the following:
14 public transit providers; community transportation
15 coordinators designated under chapter 427; school districts;
16 churches and community centers; donated motor vehicle
17 programs, van pools, and ridesharing programs; small
18 enterprise developments and entrepreneurial programs that
19 encourage WAGES participants to become transportation
20 providers; public and private transportation partnerships; and
21 other innovative strategies to expand transportation options
22 available to program participants.
23 (a) Regional workforce boards may Local WAGES
24 coalitions are authorized to provide payment for vehicle
25 operational and repair expenses, including repair expenditures
26 necessary to make a vehicle functional; vehicle registration
27 fees; driver's license fees; and liability insurance for the
28 vehicle for a period of up to 6 months. Request for vehicle
29 repairs must be accompanied by an estimate of the cost
30 prepared by a repair facility registered under s. 559.904.
31 (b) Transportation disadvantaged funds as defined in
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 chapter 427 do not include WAGES support services funds or
2 funds appropriated to assist persons eligible under the Job
3 Training Partnership Act. It is the intent of the Legislature
4 that local WAGES coalitions and regional workforce development
5 boards consult with local community transportation
6 coordinators designated under chapter 427 regarding the
7 availability and cost of transportation services through the
8 coordinated transportation system prior to contracting for
9 comparable transportation services outside the coordinated
10 system.
11 (2) ANCILLARY EXPENSES.--Ancillary expenses such as
12 books, tools, clothing, fees, and costs necessary to comply
13 with work activity requirements or employment requirements may
14 be provided.
15 (3) MEDICAL SERVICES.--A family that meets the
16 eligibility requirements for Medicaid shall receive medical
17 services under the Medicaid program.
18 (4) PERSONAL AND FAMILY COUNSELING AND
19 THERAPY.--Counseling may be provided to participants who have
20 a personal or family problem or problems caused by substance
21 abuse that is a barrier to compliance with work activity
22 requirements or employment requirements. In providing these
23 services, regional workforce boards the department and local
24 WAGES coalitions shall use services that are available in the
25 community at no additional cost. If these services are not
26 available, regional workforce boards the department and local
27 WAGES coalitions may use support services funds. Personal or
28 family counseling not available through Medicaid may not be
29 considered a medical service for purposes of the required
30 statewide implementation plan or use of federal funds.
31 Section 26. Section 414.1525, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 transferred, renumbered as section 445.026, Florida Statutes,
2 and amended to read:
3 445.026 414.1525 Cash assistance severance benefit
4 WAGES early exit diversion program.--An individual who meets
5 the criteria listed in this section may choose to receive a
6 lump-sum payment in lieu of ongoing cash assistance payments,
7 provided the individual:
8 (1) Is employed and is receiving earnings, and would
9 be eligible to receive cash assistance in an amount less than
10 $100 per month given the WAGES earnings disregard.
11 (2) Has received cash assistance for at least 6 3
12 consecutive months.
13 (3) Expects to remain employed for at least 6 months.
14 (4) Chooses to receive a one-time, lump-sum payment in
15 lieu of ongoing monthly payments.
16 (5) Provides employment and earnings information to
17 the regional workforce board department, so that the regional
18 workforce board department can ensure that the family's
19 eligibility for severance transitional benefits can be
20 evaluated.
21 (6) Signs an agreement not to apply for or accept cash
22 assistance for 6 months after receipt of the one-time payment.
23 In the event of an emergency, such agreement shall provide for
24 an exception to this restriction, provided that the one-time
25 payment shall be deducted from any cash assistance for which
26 the family subsequently is approved. This deduction may be
27 prorated over an 8-month period. The board of directors of
28 Workforce Florida, Inc., department shall adopt criteria rules
29 defining the conditions under which a family may receive cash
30 assistance due to such emergency.
31
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Such individual may choose to accept a one-time, lump-sum
2 payment of $1,000 in lieu of receiving ongoing cash
3 assistance. Such payment shall only count toward the time
4 limitation for the month in which the payment is made in lieu
5 of cash assistance. A participant choosing to accept such
6 payment shall be terminated from cash assistance. However,
7 eligibility for Medicaid, food stamps, or child care shall
8 continue, subject to the eligibility requirements of those
9 programs.
10 Section 27. Section 445.028, Florida Statutes, is
11 created to read:
12 445.028 Transitional benefits and services.--In
13 cooperation with Workforce Florida, Inc., the Department of
14 Children and Family Services shall develop procedures to
15 ensure that families leaving the temporary cash assistance
16 program receive transitional benefits and services that will
17 assist the family in moving toward self-sufficiency. At a
18 minimum, such procedures must include, but are not limited to,
19 the following:
20 (1) Each recipient of cash assistance who is
21 determined ineligible for cash assistance for a reason other
22 than a work activity sanction shall be contacted by the
23 workforce system case manager and provided information about
24 the availability of transitional benefits and services. Such
25 contact shall be attempted prior to closure of the case
26 management file.
27 (2) Each recipient of temporary cash assistance who is
28 determined ineligible for cash assistance due to noncompliance
29 with the work activity requirements shall be contacted and
30 provided information in accordance with s. 414.065(1).
31 (3) The department, in consultation with the board of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 directors of Workforce Florida, Inc., shall develop
2 informational material, including posters and brochures, to
3 better inform families about the availability of transitional
4 benefits and services.
5 (4) Workforce Florida, Inc., in cooperation with the
6 Department of Children and Family Services shall, to the
7 extent permitted by federal law, develop procedures to
8 maximize the utilization of transitional Medicaid by families
9 who leave the temporary cash assistance program.
10 Section 28. Section 414.21, Florida Statutes, is
11 transferred, renumbered as section 445.029, Florida Statutes,
12 and amended to read:
13 445.029 414.21 Transitional medical benefits.--
14 (1) A family that loses its temporary cash assistance
15 due to earnings shall remain eligible for Medicaid without
16 reapplication during the immediately succeeding 12-month
17 period if private medical insurance is unavailable from the
18 employer or is unaffordable.
19 (a) The family shall be denied Medicaid during the
20 12-month period for any month in which the family does not
21 include a dependent child.
22 (b) The family shall be denied Medicaid if, during the
23 second 6 months of the 12-month period, the family's average
24 gross monthly earnings during the preceding month exceed 185
25 percent of the federal poverty level.
26 (2) The family shall be informed of transitional
27 Medicaid when the family is notified by the Department of
28 Children and Family Services of the termination of temporary
29 cash assistance. The notice must include a description of the
30 circumstances in which the transitional Medicaid may be
31 terminated.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 29. Section 414.22, Florida Statutes, is
2 transferred, renumbered as section 445.030, Florida Statutes,
3 and amended to read:
4 445.030 414.22 Transitional education and
5 training.--In order to assist current and former recipients of
6 temporary cash assistance participants who are working or
7 actively seeking employment in continuing their training and
8 upgrading their skills, education, or training, support
9 services may be provided to a participant for up to 2 years
10 after the family participant is no longer receiving temporary
11 cash assistance in the program. This section does not
12 constitute an entitlement to transitional education and
13 training. If funds are not sufficient to provide services
14 under this section, the WAGES Program State board of directors
15 of Workforce Florida, Inc., may limit or otherwise prioritize
16 transitional education and training.
17 (1) Education or training resources available in the
18 community at no additional cost to the WAGES Program shall be
19 used whenever possible.
20 (2) Regional workforce boards The local WAGES
21 coalitions may authorize child care or other support services
22 in addition to services provided in conjunction with
23 employment. For example, a participant who is employed full
24 time may receive subsidized child care related to that
25 employment and may also receive additional subsidized child
26 care in conjunction with training to upgrade the participant's
27 skills.
28 (3) Transitional education or training must be
29 job-related, but may include training to improve job skills in
30 a participant's existing area of employment or may include
31 training to prepare a participant for employment in another
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 occupation.
2 (4) A regional workforce board local WAGES coalition
3 may enter into an agreement with an employer to share the
4 costs relating to upgrading the skills of participants hired
5 by the employer. For example, a regional workforce board local
6 WAGES coalitions may agree to provide support services such as
7 transportation or a wage subsidy in conjunction with training
8 opportunities provided by the employer.
9 Section 30. Section 414.225, Florida Statutes, is
10 transferred, renumbered as section 445.031, Florida Statutes,
11 and amended to read:
12 445.031 414.225 Transitional transportation.--In order
13 to assist former recipients of temporary cash assistance WAGES
14 participants in maintaining and sustaining employment or
15 educational opportunities, transportation may be provided, if
16 funds are available, for up to 2 years 1 year after the
17 participant is no longer in the program. This does not
18 constitute an entitlement to transitional transportation. If
19 funds are not sufficient to provide services under this
20 section, regional workforce boards the department may limit or
21 otherwise prioritize transportation services.
22 (1) Transitional transportation must be job or
23 education related.
24 (2) Transitional transportation may include expenses
25 identified in s. 445.025 s. 414.20, paid directly or by
26 voucher, as well as a vehicle valued at not more than $8,500
27 if the vehicle is needed for training, employment, or
28 educational purposes.
29 Section 31. Section 445.032, Florida Statutes, is
30 created to read:
31 445.032 Transitional child care.--In order to assist
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 former welfare transition program participants and individuals
2 who have been redirected through up-front diversion,
3 transitional child care is available for up to 2 years:
4 (a) After a participant has left the program due to
5 employment and whose income does not exceed 200 percent of the
6 federal poverty level at any time during that 2-year period.
7 (b) To an individual who has been redirected through
8 up-front diversion and whose income does not exceed 200
9 percent of the federal poverty level at any time during that
10 2-year period.
11 Section 32. Section 414.23, Florida Statutes, is
12 transferred, renumbered as section 445.033, Florida Statutes,
13 and amended to read:
14 445.033 414.23 Evaluation.--The department and the
15 WAGES Program State board of directors of Workforce Florida,
16 Inc., and the Department of Children and Family Services shall
17 arrange for evaluation of TANF-funded programs operated under
18 this chapter, as follows:
19 (1) If required by federal waivers or other federal
20 requirements, the department and the WAGES Program State board
21 of directors of Workforce Florida, Inc., and the department
22 may provide for evaluation according to these requirements.
23 (2) The department and the WAGES Program State board
24 of directors of Workforce Florida, Inc., and the department
25 shall participate in the evaluation of this program in
26 conjunction with evaluation of the state's workforce
27 development programs or similar activities aimed at evaluating
28 program outcomes, cost-effectiveness, or return on investment,
29 and the impact of time limits, sanctions, and other welfare
30 reform measures set out in this chapter. Evaluation shall also
31 contain information on the number of participants in work
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 experience assignments who obtain unsubsidized employment,
2 including, but not limited to, the length of time the
3 unsubsidized job is retained, wages, and the public benefits,
4 if any, received by such families while in unsubsidized
5 employment. The evaluation shall solicit the input of
6 consumers, community-based organizations, service providers,
7 employers, and the general public, and shall publicize,
8 especially in low-income communities, the process for
9 submitting comments.
10 (3) The department and the WAGES Program State board
11 of directors of Workforce Florida, Inc., and the department
12 may share information with and develop protocols for
13 information exchange with the Florida Education and Training
14 Placement Information Program.
15 (4) The department and the WAGES Program State board
16 of directors of Workforce Florida, Inc., and the department
17 may initiate or participate in additional evaluation or
18 assessment activities that will further the systematic study
19 of issues related to program goals and outcomes.
20 (5) In providing for evaluation activities, the
21 department and the WAGES Program State board of directors of
22 Workforce Florida, Inc., and the department shall safeguard
23 the use or disclosure of information obtained from program
24 participants consistent with federal or state requirements.
25 The department and the WAGES Program State Board of Directors
26 may use Evaluation methodologies may be used which that are
27 appropriate for evaluation of program activities, including
28 random assignment of recipients or participants into program
29 groups or control groups. To the extent necessary or
30 appropriate, evaluation data shall provide information with
31 respect to the state, district, or county, or other substate
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 area.
2 (6) The department and the WAGES Program State board
3 of directors of Workforce Florida, Inc., and the department
4 may contract with a qualified organization for evaluations
5 conducted under this section.
6 (7) Evaluations described in this section are exempt
7 from the provisions of s. 381.85.
8 Section 33. Section 445.034, Florida Statutes, is
9 created to read:
10 445.034 Authorized expenditures.--Any expenditures
11 from the Temporary Assistance for Needy Families block grant
12 shall be made in accordance with the requirements and
13 limitations of part A of Title IV of the Social Security Act,
14 as amended, or any other applicable federal requirement or
15 limitation. Prior to any expenditure of such funds, the
16 Secretary of Children and Family Services, or his or her
17 designee, shall certify that controls are in place to ensure
18 such funds are expended in accordance with the requirements
19 and limitations of federal law and that any reporting
20 requirements of federal law are met. It shall be the
21 responsibility of any entity to which such funds are
22 appropriated to obtain the required certification prior to any
23 expenditure of funds.
24 Section 34. Section 414.44, Florida Statutes, is
25 transferred, renumbered as section 445.035, Florida Statutes,
26 and amended to read:
27 445.035 414.44 Data collection and reporting.--The
28 Department of Children and Family Services department and the
29 WAGES Program State board of directors of Workforce Florida,
30 Inc., shall collect data necessary to administer this chapter
31 and make the reports required under federal law to the United
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 States Department of Health and Human Services and the United
2 States Department of Agriculture.
3 Section 35. Section 414.025, Florida Statutes, is
4 amended to read:
5 414.025 Legislative intent.--
6 (1) It is the intent of the Legislature that families
7 in this state be strong and economically self-sufficient so as
8 to require minimal involvement by an efficient government.
9 (2) The purpose of this act is to develop
10 opportunities for families which provide for their needs,
11 enhance their well-being, and preserve the integrity of the
12 family free of impediments to self-reliance.
13 (3) The WAGES Program shall emphasize work,
14 self-sufficiency, and personal responsibility while meeting
15 the transitional needs of program participants who need
16 short-term assistance toward achieving independent, productive
17 lives and gaining the responsibility that comes with
18 self-sufficiency.
19 (4) The WAGES Program shall take full advantage of the
20 flexibility provided under federal law, which allows for
21 efficiency through a simplified program and encourages a
22 program designed to focus on results rather than process.
23 (2)(5) This chapter does not entitle any individual or
24 family to assistance under the WAGES Program or Title IV-A of
25 the Social Security Act, as amended.
26 Section 36. Section 414.0252, Florida Statutes, is
27 amended to read:
28 414.0252 Definitions.--As used in ss. 414.025-414.55
29 ss. 414.015-414.45, the term:
30 (1) "Alternative payee" means an individual who
31 receives temporary assistance payments on behalf of a minor.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (2) "Applicant" means an individual who applies to
2 participate in the temporary family assistance program and
3 submits a signed and dated application.
4 (3) "Department" means the Department of Children and
5 Family Services.
6 (4) "Domestic violence" means any assault, aggravated
7 assault, battery, aggravated battery, sexual assault, sexual
8 battery, stalking, aggravated stalking, kidnapping, false
9 imprisonment, or any criminal offense that results in the
10 physical injury or death of one family or household member by
11 another.
12 (5) "Family" means the assistance group or the
13 individuals whose needs, resources, and income are considered
14 when determining eligibility for temporary assistance. The
15 family for purposes of temporary assistance includes the minor
16 child, custodial parent, or caretaker relative who resides in
17 the same house or living unit. The family may also include
18 individuals whose income and resources are considered in whole
19 or in part in determining eligibility for temporary assistance
20 but whose needs, due to federal or state restrictions, are not
21 considered. These individuals include, but are not limited to,
22 ineligible noncitizens or sanctioned individuals.
23 (6) "Family or household member" means spouses, former
24 spouses, noncohabitating partners, persons related by blood or
25 marriage, persons who are presently residing together as if a
26 family or who have resided together in the past as if a
27 family, and persons who have a child in common regardless of
28 whether they have been married or have resided together at any
29 time.
30 (7) "Homeless" means an individual who lacks a fixed,
31 regular, and adequate nighttime residence or an individual who
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 has a primary nighttime residence that is:
2 (a) A supervised publicly or privately operated
3 shelter designed to provide temporary living accommodations,
4 including welfare hotels, congregate shelters, and
5 transitional housing for the mentally ill;
6 (b) An institution that provides a temporary residence
7 for individuals intended to be institutionalized; or
8 (c) A public or private place not designed for, or
9 ordinarily used as, a regular sleeping accommodation for human
10 beings.
11 (8) "Minor child" means a child under 18 years of age,
12 or under 19 years of age if the child is a full-time student
13 in a secondary school or at the equivalent level of vocational
14 or technical training, and does not include anyone who is
15 married or divorced.
16 (9) "Participant" means an individual who has applied
17 for or receives temporary cash assistance or services under
18 the WAGES Program.
19 (10) "Public assistance" means benefits paid on the
20 basis of the temporary cash assistance, food stamp, Medicaid,
21 or optional state supplementation program.
22 (11) "Relative caretaker" or "caretaker relative"
23 means an adult who has assumed the primary responsibility of
24 caring for a child and who is related to the child by blood or
25 marriage.
26 (12) "Services and one-time payments" or "services,"
27 when used in reference to individuals who are not receiving
28 temporary cash assistance, means nonrecurrent, short-term
29 benefits designed to deal with a specific crisis situation or
30 episode of need and other services; work subsidies; supportive
31 services such as child care and transportation; services such
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 as counseling, case management, peer support, and child care
2 information and referral; transitional services, job
3 retention, job advancement, and other employment-related
4 services; nonmedical treatment for substance abuse or mental
5 health problems; and any other services that are reasonably
6 calculated to further the purposes of the WAGES Program and
7 the federal Temporary Assistance for Needy Families program.
8 Such terms do not include assistance as defined in federal
9 regulations at 45 C.F.R. s. 260.31(a).
10 (12)(13) "Temporary cash assistance" means cash
11 assistance provided under the state program certified under
12 Title IV-A of the Social Security Act, as amended.
13 Section 37. Section 414.045, Florida Statutes, is
14 amended to read:
15 414.045 Cash assistance program.--Cash assistance
16 families include any families receiving cash assistance
17 payments from the state program for temporary assistance for
18 needy families as defined in federal law, whether such funds
19 are from federal funds, state funds, or commingled federal and
20 state funds. Cash assistance families may also include
21 families receiving cash assistance through a program defined
22 as a separate state program.
23 (1) For reporting purposes, families receiving cash
24 assistance shall be grouped in the following categories. The
25 department may develop additional groupings in order to comply
26 with federal reporting requirements, to comply with the
27 data-reporting needs of the WAGES Program State board of
28 directors of Workforce Florida, Inc., or to better inform the
29 public of program progress. Program reporting data shall
30 include, but not necessarily be limited to, the following
31 groupings:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (a) Work-eligible WAGES cases.--Work-eligible WAGES
2 cases shall include:
3 1. Families containing an adult or a teen head of
4 household, as defined by federal law. These cases are
5 generally subject to the work activity requirements provided
6 in s. 445.024 s. 414.065 and the time limitations on benefits
7 provided in s. 414.105.
8 2. Families with a parent where the parent's needs
9 have been removed from the case due to sanction or
10 disqualification shall be considered work-eligible WAGES cases
11 to the extent that such cases are considered in the
12 calculation of federal participation rates or would be counted
13 in such calculation in future months.
14 3. Families participating in transition assistance
15 programs.
16 4. Families otherwise eligible for temporary cash
17 assistance the WAGES Program that receive a diversion
18 services, a severance or early exit payment, or participate in
19 the relocation program.
20 (b) Child-only cases.--Child-only cases include cases
21 that do not have an adult or teen head of household as defined
22 in federal law. Such cases include:
23 1. Child-only families with children in the care of
24 caretaker relatives where the caretaker relatives choose to
25 have their needs excluded in the calculation of the amount of
26 cash assistance.
27 2. Families in the Relative Caregiver Program as
28 provided in s. 39.5085.
29 3. Families in which the only parent in a
30 single-parent family or both parents in a two-parent family
31 receive supplemental security income (SSI) benefits under
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Title XVI of the Social Security Act, as amended. To the
2 extent permitted by federal law, individuals receiving SSI
3 shall be excluded as household members in determining the
4 amount of cash assistance, and such cases shall not be
5 considered families containing an adult. Parents or caretaker
6 relatives who are excluded from the cash assistance group due
7 to receipt of SSI may choose to participate in WAGES work
8 activities. An individual who volunteers to participate in
9 WAGES work activity but whose ability to participate in work
10 activities is limited shall be assigned to work activities
11 consistent with such limitations. An individual who volunteers
12 to participate in a WAGES work activity may receive
13 WAGES-related child care or support services consistent with
14 such participation.
15 4. Families where the only parent in a single-parent
16 family or both parents in a two-parent family are not eligible
17 for cash assistance due to immigration status or other
18 requirements of federal law. To the extent required by federal
19 law, such cases shall not be considered families containing an
20 adult.
21
22 Families described in subparagraph 1., subparagraph 2., or
23 subparagraph 3. may receive child care assistance or other
24 supports or services so that the children may continue to be
25 cared for in their own homes or the homes of relatives. Such
26 assistance or services may be funded from the temporary
27 assistance for needy families block grant to the extent
28 permitted under federal law and to the extent permitted by
29 appropriation of funds.
30 (2) The Oversight by of the WAGES Program State board
31 of directors of Workforce Florida, Inc., and the service
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 delivery and financial planning responsibilities of the
2 regional workforce boards local WAGES coalitions shall apply
3 to the families defined as work-eligible WAGES cases in
4 paragraph (1)(a). The department shall be responsible for
5 program administration related to families in groups defined
6 in paragraph (1)(b), and the department shall coordinate such
7 administration with the WAGES Program State board of directors
8 of Workforce Florida, Inc., to the extent needed for operation
9 of the program.
10 Section 38. Section 414.065, Florida Statutes, is
11 amended to read:
12 414.065 Noncompliance with 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 WAGES Program:
16 (a) Unsubsidized employment.--Unsubsidized employment
17 is full-time employment or part-time employment that is not
18 directly supplemented by federal or state funds. Paid
19 apprenticeship and cooperative education activities are
20 included in this activity.
21 (b) Subsidized private sector employment.--Subsidized
22 private sector employment is employment in a private
23 for-profit enterprise or a private not-for-profit enterprise
24 which is directly supplemented by federal or state funds. A
25 subsidy may be provided in one or more of the forms listed in
26 this paragraph.
27 1. Work supplementation.--A work supplementation
28 subsidy diverts a participant's temporary cash assistance
29 under the program to the employer. The employer must pay the
30 participant wages that equal or exceed the applicable federal
31 minimum wage. Work supplementation may not exceed 6 months. At
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the end of the supplementation period, the employer is
2 expected to retain the participant as a regular employee
3 without receiving a subsidy. A work supplementation agreement
4 may not be continued with any employer who exhibits a pattern
5 of failing to provide participants with continued employment
6 after the period of work supplementation ends.
7 2. On-the-job training.--On-the-job training is
8 full-time, paid employment in which the employer or an
9 educational institution in cooperation with the employer
10 provides training needed for the participant to perform the
11 skills required for the position. The employer or the
12 educational institution on behalf of the employer receives a
13 subsidy to offset the cost of the training provided to the
14 participant. Upon satisfactory completion of the training, the
15 employer is expected to retain the participant as a regular
16 employee without receiving a subsidy. An on-the-job training
17 agreement may not be continued with any employer who exhibits
18 a pattern of failing to provide participants with continued
19 employment after the on-the-job training subsidy ends.
20 3. Incentive payments.--The department and local WAGES
21 coalitions may provide additional incentive payments to
22 encourage employers to employ program participants. Incentive
23 payments may include payments to encourage the employment of
24 hard-to-place participants, in which case the amount of the
25 payment shall be weighted proportionally to the extent to
26 which the participant has limitations associated with the
27 long-term receipt of welfare and difficulty in sustaining
28 employment. In establishing incentive payments, the department
29 and local WAGES coalitions shall consider the extent of prior
30 receipt of welfare, lack of employment experience, lack of
31 education, lack of job skills, and other appropriate factors.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 A participant who has complied with program requirements and
2 who is approaching the time limit for receiving temporary cash
3 assistance may be defined as "hard-to-place." Incentive
4 payments may include payments in which an initial payment is
5 made to the employer upon the employment of a participant, and
6 the majority of the incentive payment is made after the
7 employer retains the participant as a full-time employee for
8 at least 12 months. An incentive agreement may not be
9 continued with any employer who exhibits a pattern of failing
10 to provide participants with continued employment after the
11 incentive payments cease.
12 4. Tax credits.--An employer who employs a program
13 participant may qualify for enterprise zone property tax
14 credits under s. 220.182, the tax refund program for qualified
15 target industry businesses under s. 288.106, or other federal
16 or state tax benefits. The department and the Department of
17 Labor and Employment Security shall provide information and
18 assistance, as appropriate, to use such credits to accomplish
19 program goals.
20 5. WAGES training bonus.--An employer who hires a
21 WAGES participant who has less than 6 months of eligibility
22 for temporary cash assistance remaining and who pays the
23 participant a wage that precludes the participant's
24 eligibility for temporary cash assistance may receive $240 for
25 each full month of employment for a period that may not exceed
26 3 months. An employer who receives a WAGES training bonus for
27 an employee may not receive a work supplementation subsidy for
28 the same employee. Employment is defined as 35 hours per week
29 at a wage of no less than minimum wage.
30 (c) Subsidized public sector employment.--Subsidized
31 public sector employment is employment by an agency of the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 federal, state, or local government which is directly
2 supplemented by federal or state funds. The applicable
3 subsidies provided under paragraph (b) may be used to
4 subsidize employment in the public sector, except that
5 priority for subsidized employment shall be employment in the
6 private sector. Public sector employment is distinguished from
7 work experience in that the participant is paid wages and
8 receives the same benefits as a nonsubsidized employee who
9 performs similar work. Work-study activities administered by
10 educational institutions are included in this activity.
11 (d) Community service work experience.--Community
12 service work experience is job training experience at a
13 supervised public or private not-for-profit agency. A
14 participant shall receive temporary cash assistance in the
15 form of wages, which, when combined with the value of food
16 stamps awarded to the participant, is proportional to the
17 amount of time worked. A participant in the WAGES Program or
18 the Food Stamp Employment and Training program assigned to
19 community service work experience shall be deemed an employee
20 of the state for purposes of workers' compensation coverage
21 and is subject to the requirements of the drug-free workplace
22 program. Community service work experience may be selected as
23 an activity for a participant who needs to increase
24 employability by improving his or her interpersonal skills,
25 job-retention skills, stress management, and job problem
26 solving, and by learning to attain a balance between job and
27 personal responsibilities. Community service is intended to:
28 1. Assess WAGES Program compliance before referral of
29 the participant to costly services such as career education;
30 2. Maintain work activity status while the participant
31 awaits placement into paid employment or training;
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 3. Fulfill a clinical practicum or internship
2 requirement related to employment; or
3 4. Provide work-based mentoring.
4
5 As used in this paragraph, the terms "community service
6 experience," "community work," and "workfare" are synonymous.
7 (e) Work experience.--Work experience is an
8 appropriate work activity for participants who lack
9 preparation for or experience in the workforce. It must
10 combine a job training activity in a public or private
11 not-for-profit agency with education and training related to
12 an employment goal. To qualify as a work activity, work
13 experience must include education and training in addition to
14 the time required by the work activity, and the work activity
15 must be intensively supervised and structured. The WAGES
16 Program shall contract for any services provided for clients
17 who are assigned to this activity and shall require
18 performance benchmarks, goals, outcomes, and time limits
19 designed to assure that the participant moves toward full-time
20 paid employment. A participant shall receive temporary cash
21 assistance proportional to the time worked. A participant
22 assigned to work experience is an employee of the state for
23 purposes of workers' compensation coverage and is subject to
24 the requirements of the drug-free workplace program.
25 (f) Job search and job readiness assistance.--Job
26 search assistance may include supervised or unsupervised
27 job-seeking activities. Job readiness assistance provides
28 support for job-seeking activities, which may include:
29 1. Orientation to the world of work and basic
30 job-seeking and job retention skills.
31 2. Instruction in completing an application for
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 employment and writing a resume.
2 3. Instruction in conducting oneself during a job
3 interview, including appropriate dress.
4 4. Instruction in how to retain a job, plan a career,
5 and perform successfully in the workplace.
6
7 Job readiness assistance may also include providing a
8 participant with access to an employment resource center that
9 contains job listings, telephones, facsimile machines,
10 typewriters, and word processors. Job search and job readiness
11 activities may be used in conjunction with other program
12 activities, such as work experience, but may not be the
13 primary work activity for longer than the length of time
14 permitted under federal law.
15 (g) Vocational education or training.--Vocational
16 education or training is education or training designed to
17 provide participants with the skills and certification
18 necessary for employment in an occupational area. Vocational
19 education or training may be used as a primary program
20 activity for participants when it has been determined that the
21 individual has demonstrated compliance with other phases of
22 program participation and successful completion of the
23 vocational education or training is likely to result in
24 employment entry at a higher wage than the participant would
25 have been likely to attain without completion of the
26 vocational education or training. Vocational education or
27 training may be combined with other program activities and
28 also may be used to upgrade skills or prepare for a higher
29 paying occupational area for a participant who is employed.
30 1. Unless otherwise provided in this section,
31 vocational education shall not be used as the primary program
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 activity for a period which exceeds 12 months. The 12-month
2 restriction applies to instruction in a career education
3 program and does not include remediation of basic skills,
4 including English language proficiency, if remediation is
5 necessary to enable a WAGES participant to benefit from a
6 career education program. Any necessary remediation must be
7 completed before a participant is referred to vocational
8 education as the primary work activity. In addition, use of
9 vocational education or training shall be restricted to the
10 limitation established in federal law. Vocational education
11 included in a program leading to a high school diploma shall
12 not be considered vocational education for purposes of this
13 section.
14 2. When possible, a provider of vocational education
15 or training shall use funds provided by funding sources other
16 than the department or the local WAGES coalition. Either
17 department may provide additional funds to a vocational
18 education or training provider only if payment is made
19 pursuant to a performance-based contract. Under a
20 performance-based contract, the provider may be partially paid
21 when a participant completes education or training, but the
22 majority of payment shall be made following the participant's
23 employment at a specific wage or job retention for a specific
24 duration. Performance-based payments made under this
25 subparagraph are limited to education or training for targeted
26 occupations identified by the Occupational Forecasting
27 Conference under s. 216.136, or other programs identified by
28 the Workforce Development Board as beneficial to meet the
29 needs of designated groups, such as WAGES participants, who
30 are hard to place. If the contract pays the full cost of
31 training, the community college or school district may not
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 report the participants for other state funding, except that
2 the college or school district may report WAGES clients for
3 performance incentives or bonuses authorized for student
4 enrollment, completion, and placement.
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 department
19 shall 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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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
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 WAGES Program.
7 (l) Extended education and training.--Notwithstanding
8 any other provisions of this section to the contrary, the
9 WAGES Program State Board of Directors may approve a plan by a
10 local WAGES coalition for assigning, as work requirements,
11 educational activities that exceed or are not included in
12 those provided elsewhere in this section and that do not
13 comply with federal work participation requirement
14 limitations. In order to be eligible to implement this
15 provision, a coalition must continue to exceed the overall
16 federal work participation rate requirements. For purposes of
17 this paragraph, the WAGES Program State Board of Directors may
18 adjust the regional participation requirement based on
19 regional caseload decline. However, this adjustment is
20 limited to no more than the adjustment produced by the
21 calculation used to generate federal adjustments to the
22 participation requirement due to caseload decline.
23 (2) WORK ACTIVITY REQUIREMENTS.--Each individual who
24 is not otherwise exempt must participate in a work activity,
25 except for community service work experience, for the maximum
26 number of hours allowable under federal law, provided that no
27 participant be required to work more than 40 hours per week or
28 less than the minimum number of hours required by federal law.
29 The maximum number of hours each month that a participant may
30 be required to participate in community service activities is
31 the greater of: the number of hours that would result from
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 dividing the family's monthly amount for temporary cash
2 assistance and food stamps by the federal minimum wage and
3 then dividing that result by the number of participants in the
4 family who participate in community service activities; or the
5 minimum required to meet federal participation requirements.
6 However, in no case shall the maximum hours required per week
7 for community work experience exceed 40 hours. An applicant
8 shall be referred for employment at the time of application if
9 the applicant is eligible to participate in the WAGES Program.
10 (a) A participant in a work activity may also be
11 required to enroll in and attend a course of instruction
12 designed to increase literacy skills to a level necessary for
13 obtaining or retaining employment, provided that the
14 instruction plus the work activity does not require more than
15 40 hours per week.
16 (b) WAGES Program funds may be used, as available, to
17 support the efforts of a participant who meets the work
18 activity requirements and who wishes to enroll in or continue
19 enrollment in an adult general education program or a career
20 education program.
21 (3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
22 following individuals are exempt from work activity
23 requirements:
24 (a) A minor child under age 16, except that a child
25 exempted from this provision shall be subject to the
26 requirements of paragraph (1)(i) and s. 414.125.
27 (b) An individual who receives benefits under the
28 Supplemental Security Income program or the Social Security
29 Disability Insurance program.
30 (c) Adults who are not included in the calculation of
31 temporary cash assistance in child-only cases.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (d) One custodial parent with a child under 3 months
2 of age, except that the parent may be required to attend
3 parenting classes or other activities to better prepare for
4 the responsibilities of raising a child. If the custodial
5 parent is age 19 or younger and has not completed high school
6 or the equivalent, he or she may be required to attend school
7 or other appropriate educational activities.
8 (1)(4) PENALTIES FOR NONPARTICIPATION IN WORK
9 REQUIREMENTS AND FAILURE TO COMPLY WITH ALTERNATIVE
10 REQUIREMENT PLANS.--The department shall establish procedures
11 for administering penalties for nonparticipation in work
12 requirements and failure to comply with the alternative
13 requirement plan. If an individual in a family receiving
14 temporary cash assistance fails to engage in work activities
15 required in accordance with s. 445.024 this section, the
16 following penalties shall apply. Prior to the imposition of a
17 sanction, the participant shall be notified orally or in
18 writing that the participant is subject to sanction and that
19 action will be taken to impose the sanction unless the
20 participant complies with the work activity requirements. The
21 participant shall be counseled as to the consequences of
22 noncompliance and, if appropriate, shall be referred for
23 services that could assist the participant to fully comply
24 with program requirements. If the participant has good cause
25 for noncompliance or demonstrates satisfactory compliance, the
26 sanction shall not be imposed. If the participant has
27 subsequently obtained employment, the participant shall be
28 counseled regarding the transitional benefits that may be
29 available and provided information about how to access such
30 benefits. Notwithstanding provisions of this section to the
31 contrary, if the Federal Government does not allow food stamps
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 to be treated under sanction as provided in this section, The
2 department shall attempt to secure a waiver that provides for
3 procedures as similar as possible to those provided in this
4 section and shall administer sanctions related to food stamps
5 consistent with federal regulations.
6 (a)1. First noncompliance: temporary cash assistance
7 shall be terminated for the family for a minimum of 10 days or
8 until the individual who failed to comply does so, and food
9 stamp benefits shall not be increased as a result of the loss
10 of temporary cash assistance.
11 2. Second noncompliance: temporary cash assistance
12 and food stamps shall be terminated for the family for 1 month
13 or until the individual who failed to comply does so,
14 whichever is later demonstrates compliance in the required
15 work activity for a period of 30 days. Upon meeting this
16 requirement compliance, temporary cash assistance and food
17 stamps shall be reinstated to the date of compliance or the
18 first day of the month following the penalty period, whichever
19 is later.
20 3. Third noncompliance: temporary cash assistance and
21 food stamps shall be terminated for the family for 3 months or
22 until the individual who failed to comply does so, whichever
23 is later. The individual shall be required to comply with the
24 required demonstrate compliance in the work activity upon
25 completion of the 3-month penalty period, before reinstatement
26 of temporary cash assistance and food stamps. Upon meeting
27 this requirement, temporary cash assistance shall be
28 reinstated to the date of compliance or the first day of the
29 month following the penalty period, whichever is later.
30 (b) If a participant receiving temporary cash
31 assistance who is otherwise exempted from noncompliance
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 penalties fails to comply with the alternative requirement
2 plan required in accordance with this section, the penalties
3 provided in paragraph (a) shall apply.
4
5 If a participant fully complies with work activity
6 requirements for at least 6 months, the participant shall be
7 reinstated as being in full compliance with program
8 requirements for purpose of sanctions imposed under this
9 section.
10 (2)(5) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR
11 CHILDREN; PROTECTIVE PAYEES.--
12 (a) Upon the second or third occurrence of
13 noncompliance, temporary cash assistance and food stamps for
14 the child or children in a family who are under age 16 may be
15 continued. Any such payments must be made through a protective
16 payee or, in the case of food stamps, through an authorized
17 representative. Under no circumstances shall temporary cash
18 assistance or food stamps be paid to an individual who has
19 failed to comply with program requirements.
20 (b) Protective payees shall be designated by the
21 department and may include:
22 1. A relative or other individual who is interested in
23 or concerned with the welfare of the child or children and
24 agrees in writing to utilize the assistance in the best
25 interest of the child or children.
26 2. A member of the community affiliated with a
27 religious, community, neighborhood, or charitable organization
28 who agrees in writing to utilize the assistance in the best
29 interest of the child or children.
30 3. A volunteer or member of an organization who agrees
31 in writing to fulfill the role of protective payee and to
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 utilize the assistance in the best interest of the child or
2 children.
3 (c) The protective payee designated by the department
4 shall be the authorized representative for purposes of
5 receiving food stamps on behalf of a child or children under
6 age 16. The authorized representative must agree in writing to
7 use the food stamps in the best interest of the child or
8 children.
9 (d) If it is in the best interest of the child or
10 children, as determined by the department, for the staff
11 member of a private agency, a public agency, the department,
12 or any other appropriate organization to serve as a protective
13 payee or authorized representative, such designation may be
14 made, except that a protective payee or authorized
15 representative must not be any individual involved in
16 determining eligibility for temporary cash assistance or food
17 stamps for the family, staff handling any fiscal processes
18 related to issuance of temporary cash assistance or food
19 stamps, or landlords, grocers, or vendors of goods, services,
20 or items dealing directly with the participant.
21 (e) The department may pay incidental expenses or
22 travel expenses for costs directly related to performance of
23 the duties of a protective payee as necessary to implement the
24 provisions of this subsection.
25 (f) If the department is unable to designate a
26 qualified protective payee or authorized representative, a
27 referral shall be made under the provisions of chapter 39 for
28 protective intervention.
29 (3)(6) PROPORTIONAL REDUCTION OF TEMPORARY CASH
30 ASSISTANCE RELATED TO PAY AFTER PERFORMANCE.--Notwithstanding
31 the provisions of subsection (1) (4), if an individual is
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 receiving temporary cash assistance under a
2 pay-after-performance arrangement and the individual
3 participates, but fails to meet the full participation
4 requirement, then the temporary cash assistance received shall
5 be reduced and shall be proportional to the actual
6 participation. Food stamps may be included in a
7 pay-after-performance arrangement if permitted under federal
8 law.
9 (4)(7) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless
10 otherwise provided, the situations listed in this subsection
11 shall constitute exceptions to the penalties for noncompliance
12 with participation requirements, except that these situations
13 do not constitute exceptions to the applicable time limit for
14 receipt of temporary cash assistance:
15 (a) Noncompliance related to child care.--Temporary
16 cash assistance may not be terminated for refusal to
17 participate in work activities if the individual is a single
18 custodial parent caring for a child who has not attained 6
19 years of age, and the adult proves to the regional workforce
20 board department an inability to obtain needed child care for
21 one or more of the following reasons, as defined in the Child
22 Care and Development Fund State Plan required by part 98 of 45
23 C.F.R.:
24 1. Unavailability of appropriate child care within a
25 reasonable distance from the individual's home or worksite.
26 2. Unavailability or unsuitability of informal child
27 care by a relative or under other arrangements.
28 3. Unavailability of appropriate and affordable formal
29 child care arrangements.
30 (b) Noncompliance related to domestic violence.--An
31 individual who is determined to be unable to comply with the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 work requirements because such compliance would make it
2 probable that the individual would be unable to escape
3 domestic violence shall be exempt from work requirements
4 pursuant to s. 414.028(4)(g). However, the individual shall
5 comply with a plan that specifies alternative requirements
6 that prepare the individual for self-sufficiency while
7 providing for the safety of the individual and the
8 individual's dependents. A participant who is determined to
9 be out of compliance with the alternative requirement plan
10 shall be subject to the penalties under subsection (1) (4).
11 An exception granted under this paragraph does not
12 automatically constitute an extension of exception to the time
13 limitations on benefits specified under s. 414.105.
14 (c) Noncompliance related to treatment or remediation
15 of past effects of domestic violence.--An individual who is
16 determined to be unable to comply with the work requirements
17 under this section due to mental or physical impairment
18 related to past incidents of domestic violence may be exempt
19 from work requirements for a specified period pursuant to s.
20 414.028(4)(g), except that such individual shall comply with a
21 plan that specifies alternative requirements that prepare the
22 individual for self-sufficiency while providing for the safety
23 of the individual and the individual's dependents. A
24 participant who is determined to be out of compliance with the
25 alternative requirement plan shall be subject to the penalties
26 under subsection (1) (4). The plan must include counseling or
27 a course of treatment necessary for the individual to resume
28 participation. The need for treatment and the expected
29 duration of such treatment must be verified by a physician
30 licensed under chapter 458 or chapter 459; a psychologist
31 licensed under s. 490.005(1), s. 490.006, or the provision
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of
2 Florida; a therapist as defined in s. 491.003(2) or (6); or a
3 treatment professional who is registered under s. 39.905(1)(g)
4 s. 415.605(1)(g), is authorized to maintain confidentiality
5 under s. 90.5036(1)(d), and has a minimum of 2 years
6 experience at a certified domestic violence center. An
7 exception granted under this paragraph does not automatically
8 constitute an extension of exception from the time limitations
9 on benefits specified under s. 414.105.
10 (d) Noncompliance related to medical incapacity.--If
11 an individual cannot participate in assigned work activities
12 due to a medical incapacity, the individual may be excepted
13 from the activity for a specific period, except that the
14 individual shall be required to comply with the course of
15 treatment necessary for the individual to resume
16 participation. A participant may not be excused from work
17 activity requirements unless the participant's medical
18 incapacity is verified by a physician licensed under chapter
19 458 or chapter 459, in accordance with procedures established
20 by rule of the department. An individual for whom there is
21 medical verification of limitation to participate in work
22 activities shall be assigned to work activities consistent
23 with such limitations. Evaluation of an individual's ability
24 to participate in work activities or development of a plan for
25 work activity assignment may include vocational assessment or
26 work evaluation. The department or a regional workforce board
27 local WAGES coalition may require an individual to cooperate
28 in medical or vocational assessment necessary to evaluate the
29 individual's ability to participate in a work activity.
30 (e) Noncompliance related to outpatient mental health
31 or substance abuse treatment.--If an individual cannot
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 participate in the required hours of work activity due to a
2 need to become or remain involved in outpatient mental health
3 or substance abuse counseling or treatment, the individual may
4 be exempted from the work activity for up to 5 hours per week,
5 not to exceed 100 hours per year. An individual may not be
6 excused from a work activity unless a mental health or
7 substance abuse professional recognized by the department or
8 regional workforce board certifies the treatment protocol and
9 provides verification of attendance at the counseling or
10 treatment sessions each week.
11 (f)(e) Noncompliance due to medical incapacity by
12 applicants for Supplemental Security Income (SSI) or Social
13 Security Disability Income (SSDI).--An individual subject to
14 work activity requirements may be exempted from those
15 requirements if the individual provides information verifying
16 that he or she has filed an application for SSI disability
17 benefits or SSDI disability benefits and the decision is
18 pending development and evaluation under social security
19 disability law, rules, and regulations at the initial
20 reconsideration, administrative law judge, or Social Security
21 Administration Appeals Council levels.
22 (g)(f) Other good cause exceptions for
23 noncompliance.--Individuals who are temporarily unable to
24 participate due to circumstances beyond their control may be
25 excepted from the noncompliance penalties. The department may
26 define by rule situations that would constitute good cause.
27 These situations must include caring for a disabled family
28 member when the need for the care has been verified and
29 alternate care is not available.
30 (5)(8) WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL
31 PARENTS.--
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (a) The court may order a noncustodial parent who is
2 delinquent in child support payments to participate in work
3 activities under this chapter so that the parent may obtain
4 employment and fulfill the obligation to provide support
5 payments. A noncustodial parent who fails to satisfactorily
6 engage in court-ordered work activities may be held in
7 contempt.
8 (b) The court may order a noncustodial parent to
9 participate in work activities under this chapter if the child
10 of the noncustodial parent has been placed with a relative, in
11 an emergency shelter, in foster care, or in other substitute
12 care, and:
13 1. The case plan requires the noncustodial parent to
14 participate in work activities; or
15 2. The noncustodial parent would be eligible to
16 participate in work activities the WAGES Program and subject
17 to work activity requirements if the child were living with
18 the parent.
19
20 If a noncustodial parent fails to comply with the case plan,
21 the noncustodial parent may be removed from program
22 participation.
23 (9) PRIORITIZATION OF WORK REQUIREMENTS.--The
24 department and local WAGES coalitions shall require
25 participation in work activities to the maximum extent
26 possible, subject to federal and state funding. If funds are
27 projected to be insufficient to allow full-time work
28 activities by all program participants who are required to
29 participate in work activities, local WAGES coalitions shall
30 screen participants and assign priority based on the
31 following:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (a) In accordance with federal requirements, at least
2 one adult in each two-parent family shall be assigned priority
3 for full-time work activities.
4 (b) Among single-parent families, a family that has
5 older preschool children or school-age children shall be
6 assigned priority for work activities.
7 (c) A participant who has access to nonsubsidized
8 child care may be assigned priority for work activities.
9 (d) Priority may be assigned based on the amount of
10 time remaining until the participant reaches the applicable
11 time limit for program participation or may be based on
12 requirements of a case plan.
13
14 Local WAGES coalitions may limit a participant's weekly work
15 requirement to the minimum required to meet federal work
16 activity requirements in lieu of the level defined in
17 subsection (2). The department and local WAGES coalitions may
18 develop screening and prioritization procedures within service
19 districts or within counties based on the allocation of
20 resources, the availability of community resources, or the
21 work activity needs of the service district.
22 (10) USE OF CONTRACTS.--The department and local WAGES
23 coalitions shall provide work activities, training, and other
24 services, as appropriate, through contracts. In contracting
25 for work activities, training, or services, the following
26 applies:
27 (a) All education and training provided under the
28 WAGES Program shall be provided through agreements with
29 regional workforce development boards.
30 (b) A contract must be performance-based. Wherever
31 possible, payment shall be tied to performance outcomes that
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 include factors such as, but not limited to, job entry, job
2 entry at a target wage, and job retention, rather than tied to
3 completion of training or education or any other phase of the
4 program participation process.
5 (c) A contract may include performance-based incentive
6 payments that may vary according to the extent to which the
7 participant is more difficult to place. Contract payments may
8 be weighted proportionally to reflect the extent to which the
9 participant has limitations associated with the long-term
10 receipt of welfare and difficulty in sustaining employment.
11 The factors may include the extent of prior receipt of
12 welfare, lack of employment experience, lack of education,
13 lack of job skills, and other factors determined appropriate
14 by the department.
15 (d) Notwithstanding the exemption from the competitive
16 sealed bid requirements provided in s. 287.057(3)(f) for
17 certain contractual services, each contract awarded under this
18 chapter must be awarded on the basis of a competitive sealed
19 bid, except for a contract with a governmental entity as
20 determined by the department.
21 (e) The department and the local WAGES coalitions may
22 contract with commercial, charitable, or religious
23 organizations. A contract must comply with federal
24 requirements with respect to nondiscrimination and other
25 requirements that safeguard the rights of participants.
26 Services may be provided under contract, certificate, voucher,
27 or other form of disbursement.
28 (f) The administrative costs associated with a
29 contract for services provided under this section may not
30 exceed the applicable administrative cost ceiling established
31 in federal law. An agency or entity that is awarded a contract
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 under this section may not charge more than 7 percent of the
2 value of the contract for administration, unless an exception
3 is approved by the local WAGES coalition. A list of any
4 exceptions approved must be submitted to the WAGES Program
5 State Board of Directors for review, and the board may rescind
6 approval of the exception. The WAGES Program State Board of
7 Directors may also approve exceptions for any statewide
8 contract for services provided under this section.
9 (g) Local WAGES coalitions may enter into contracts to
10 provide short-term work experience for the chronically
11 unemployed as provided in this section.
12 (h) A tax-exempt organization under s. 501(c) of the
13 Internal Revenue Code of 1986 which receives funds under this
14 chapter must disclose receipt of federal funds on any
15 advertising, promotional, or other material in accordance with
16 federal requirements.
17 (11) PROTECTIONS FOR PARTICIPANTS.--Each participant
18 is subject to the same health, safety, and nondiscrimination
19 standards established under federal, state, or local laws that
20 otherwise apply to other individuals engaged in similar
21 activities who are not participants in the WAGES Program.
22 (12) PROTECTION FOR CURRENT EMPLOYEES.--In
23 establishing and contracting for work experience and community
24 service activities, other work experience activities,
25 on-the-job training, subsidized employment, and work
26 supplementation under the WAGES Program, an employed worker
27 may not be displaced, either completely or partially. A WAGES
28 participant may not be assigned to an activity or employed in
29 a position if the employer has created the vacancy or
30 terminated an existing employee without good cause in order to
31 fill that position with a WAGES Program participant.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (13) CONTRACTS FOR VOCATIONAL ASSESSMENTS AND WORK
2 EVALUATIONS.--Vocational assessments or work evaluations by
3 the Division of Vocational Rehabilitation pursuant to this
4 section shall be performed under contract with the local WAGES
5 coalitions.
6 Section 39. Section 414.085, Florida Statutes, is
7 amended to read:
8 414.085 Income eligibility standards.--For purposes of
9 program simplification and effective program management,
10 certain income definitions, as outlined in the food stamp
11 regulations at 7 C.F.R. s. 273.9, shall be applied to the
12 temporary cash assistance WAGES program as determined by the
13 department to be consistent with federal law regarding
14 temporary cash assistance and Medicaid for needy families,
15 except as to the following:
16 (1) Participation in the temporary cash assistance
17 WAGES program shall be limited to those families whose gross
18 family income is equal to or less than 185 130 percent of the
19 federal poverty level established in s. 673(2) of the
20 Community Services Block Grant Act, 42 U.S.C. s. 9901(2).
21 (2) Income security payments, including payments
22 funded under part B of Title IV of the Social Security Act, as
23 amended; supplemental security income under Title XVI of the
24 Social Security Act, as amended; or other income security
25 payments as defined by federal law shall be excluded as income
26 unless required to be included by federal law.
27 (3) The first $50 of child support paid to a custodial
28 parent receiving temporary cash assistance may not be
29 disregarded in calculating the amount of temporary cash
30 assistance for the family, unless such exclusion is required
31 by federal law.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
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.--
31 (a) To be eligible for services or temporary cash
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 assistance and Medicaid under the WAGES Program:
2 1. An applicant must be a United States citizen, or a
3 qualified noncitizen, as defined in this section.
4 2. An applicant must be a legal resident of the state.
5 3. Each member of a family must provide to the
6 department the member's social security number or shall
7 provide proof of application for a social security number. An
8 individual who fails to provide to the department a social
9 security number, or proof of application for a social security
10 number, is not eligible to participate in the program.
11 4. A minor child must reside with a custodial parent
12 or parents or with a relative caretaker who is within the
13 specified degree of blood relationship as defined under this
14 chapter the WAGES Program, or in a setting approved by the
15 department.
16 5. Each family must have a minor child and meet the
17 income and resource requirements of the program. All minor
18 children who live in the family, as well as the parents of the
19 minor children, shall be included in the eligibility
20 determination unless specifically excluded.
21 (b) The following members of a family are eligible to
22 participate in the program if all eligibility requirements are
23 met:
24 1. A minor child who resides with a custodial parent
25 or other adult caretaker relative.
26 2. The parent of a minor child with whom the child
27 resides.
28 3. The caretaker relative with whom the minor child
29 resides who chooses to have her or his needs and income
30 included in the family.
31 4. Unwed minor children and their children if the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 unwed minor child lives at home or in an adult-supervised
2 setting and if temporary cash assistance is paid to an
3 alternative payee.
4 5. A pregnant woman.
5 (3) ELIGIBILITY FOR NONCITIZENS.--A "qualified
6 noncitizen" is an individual who is admitted to lawfully
7 present in the United States as a refugee under s. 207 of the
8 Immigration and Nationality Act or who is granted asylum under
9 s. ss. 207 and 208 of the Immigration and Nationality Act; a
10 noncitizen, an alien whose deportation is withheld under s.
11 243(h) or s. 241(b)(3) of the Immigration and Nationality Act;
12 a noncitizen, or an alien who is paroled into the United
13 States under s. 212(d)(5) of the Immigration and Nationality
14 Act, for at least 1 year, a noncitizen who is granted
15 conditional entry pursuant to s. 203(a)(7) of the Immigration
16 and Nationality Act as in effect prior to April 1, 1980; a
17 Cuban or Haitian entrant; or a noncitizen who has been
18 admitted as a permanent resident and meets specific criteria
19 under federal law. In addition, a "qualified noncitizen"
20 includes an individual who, or an individual whose child or
21 parent, has been battered or subject to extreme cruelty in the
22 United States by a spouse, or a parent, or other household
23 member under certain circumstances, and has applied for or
24 received protection under the federal Violence Against Women
25 Act of 1994, Pub. L. No. 103-322, if the need for benefits is
26 related to the abuse and the batterer no longer lives in the
27 household. A "nonqualified noncitizen" is a nonimmigrant
28 noncitizen alien, including a tourist, business visitor,
29 foreign student, exchange visitor, temporary worker, or
30 diplomat. In addition, a "nonqualified noncitizen" includes an
31 individual paroled into the United States for less than 1
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 year. A qualified noncitizen who is otherwise eligible may
2 receive temporary cash assistance to the extent permitted by
3 federal law. The income or resources of a sponsor and the
4 sponsor's spouse shall be included in determining eligibility
5 to the maximum extent permitted by federal law.
6 (a) A child who is a qualified noncitizen or who was
7 born in the United States to an illegal or ineligible
8 noncitizen alien is eligible for temporary cash assistance
9 under this chapter if the family meets all eligibility
10 requirements.
11 (b) If the parent may legally work in this country,
12 the parent must participate in the work activity requirements
13 provided in s. 445.024 s. 414.065, to the extent permitted
14 under federal law.
15 (c) The department shall participate in the Systematic
16 Alien Verification for Entitlements Program (SAVE) established
17 by the United States Immigration and Naturalization Service in
18 order to verify the validity of documents provided by
19 noncitizens aliens and to verify a noncitizen's an alien's
20 eligibility.
21 (d) The income of an illegal noncitizen alien or
22 ineligible noncitizen who is a mandatory member of a family
23 alien, less a pro rata share for the illegal noncitizen alien
24 or ineligible noncitizen alien, counts in determining a
25 family's eligibility to participate in the program.
26 (e) The entire assets of an ineligible noncitizen
27 alien or a disqualified individual who is a mandatory member
28 of a family shall be included in determining the family's
29 eligibility.
30 (4) STEPPARENTS.--A family that contains a stepparent
31 has the following special eligibility options if the family
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 meets all other eligibility requirements:
2 (a) A family that does not contain a mutual minor
3 child has the option to include or exclude a stepparent in
4 determining eligibility if the stepparent's monthly gross
5 income is less than 185 percent of the federal poverty level
6 for a two-person family.
7 1. If the stepparent chooses to be excluded from the
8 family, temporary cash assistance, without shelter expense,
9 shall be provided for the child. The parent of the child must
10 comply with work activity requirements as provided in s.
11 445.024 s. 414.065. Income and resources from the stepparent
12 may not be included in determining eligibility; however, any
13 income and resources from the parent of the child shall be
14 included in determining eligibility.
15 2. If a stepparent chooses to be included in the
16 family, the department shall determine eligibility using the
17 requirements for a nonstepparent family. A stepparent whose
18 income is equal to or greater than 185 percent of the federal
19 poverty level for a two-person family does not have the option
20 to be excluded from the family, and all income and resources
21 of the stepparent shall be included in determining the
22 family's eligibility.
23 (b) A family that contains a mutual minor child does
24 not have the option to exclude a stepparent from the family,
25 and the income and resources from the stepparent shall be
26 included in determining eligibility.
27 (c) A family that contains two stepparents, with or
28 without a mutual minor child, does not have the option to
29 exclude a stepparent from the family, and the income and
30 resources from each stepparent must be included in determining
31 eligibility.
128
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (5) CARETAKER RELATIVES.--A family that contains a
2 caretaker relative of a minor child has the option to include
3 or exclude the caretaker relative in determining eligibility.
4 If the caretaker relative chooses to be included in the
5 family, the caretaker relative must meet all eligibility
6 requirements, including resource and income requirements, and
7 must comply with work activity requirements as provided in s.
8 445.024 s. 414.065. If the caretaker relative chooses to be
9 excluded from the family, eligibility shall be determined for
10 the minor child based on the child's income and resources. The
11 level of temporary cash assistance for the minor child shall
12 be based on the shelter obligation paid to the caretaker
13 relative.
14 (6) PREGNANT WOMAN WITH NO OTHER CHILD.--Temporary
15 cash assistance for a pregnant woman is not available until
16 the last month of pregnancy. However, if the department
17 determines that a woman is restricted from work activities by
18 orders of a physician, temporary cash assistance shall be
19 available during the last trimester of pregnancy and the woman
20 may be required to attend parenting classes or other
21 activities to better prepare for the responsibilities of
22 raising a child.
23 (7) CHILD SUPPORT ENFORCEMENT.--As a condition of
24 eligibility for public assistance, the family must cooperate
25 with the state agency responsible for administering the child
26 support enforcement program in establishing the paternity of
27 the child, if the child is born out of wedlock, and in
28 obtaining support for the child or for the parent or caretaker
29 relative and the child. Cooperation is defined as:
30 (a) Assisting in identifying and locating a
31 noncustodial parent and providing complete and accurate
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 information on that parent;
2 (b) Assisting in establishing paternity; and
3 (c) Assisting in establishing, modifying, or enforcing
4 a support order with respect to a child of a family member.
5
6 This subsection does not apply if the state agency that
7 administers the child support enforcement program determines
8 that the parent or caretaker relative has good cause for
9 failing to cooperate.
10 (8) ASSIGNMENT OF RIGHTS TO SUPPORT.--As a condition
11 of receiving temporary cash assistance, the family must assign
12 to the department any rights a member of a family may have to
13 support from any other person. This applies to any family
14 member; however, the assigned amounts must not exceed the
15 total amount of temporary cash assistance provided to the
16 family. The assignment of child support does not apply if the
17 family leaves the program.
18 (9) APPLICATIONS.--The date of application is the date
19 the department or authorized entity receives a signed and
20 dated request to participate in the temporary cash assistance
21 WAGES program. The request shall be denied 30 days after the
22 initial application if the applicant fails to respond to
23 scheduled appointments, including appointments with the state
24 agency responsible for administering the child support
25 enforcement program, and does not contact the department or
26 authorized entity regarding the application.
27 (a) The beginning date of eligibility for temporary
28 cash assistance is the date on which the application is
29 approved or 30 days after the date of application, whichever
30 is earlier.
31 (b) The add date for a newborn child is the date of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the child's birth.
2 (c) The add date for all other individuals is the date
3 on which the client files a signed and dated request with
4 contacts the department to add request that the individual to
5 be included in the grant for temporary cash assistance.
6 (d) Medicaid coverage for a recipient of temporary
7 cash assistance begins on the first day of the first month of
8 eligibility for temporary cash assistance, and such coverage
9 shall include any eligibility required by federal law which is
10 prior to the month of application.
11 (10) PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An
12 applicant for temporary cash assistance or participant in the
13 WAGES Program has the following opportunities and obligations:
14 (a) To participate in establishing eligibility by
15 providing facts with respect to circumstances that affect
16 eligibility and by obtaining, or authorizing the department
17 and the Department of Labor and Employment Security to obtain,
18 documents or information from others in order to establish
19 eligibility.
20 (b) To have eligibility determined without
21 discrimination based on race, color, sex, age, marital status,
22 handicap, religion, national origin, or political beliefs.
23 (c) To be advised of any reduction or termination of
24 temporary cash assistance or food stamps.
25 (d) To provide correct and complete information about
26 the family's circumstances that relate to eligibility, at the
27 time of application and at subsequent intervals.
28 (e) To keep the department and the Department of Labor
29 and Employment Security informed of any changes that could
30 affect eligibility.
31 (f) To use temporary cash assistance and food stamps
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 for the purpose for which the assistance is intended.
2 (g) To receive information regarding services
3 available from certified domestic violence centers or
4 organizations that provide counseling and supportive services
5 to individuals who are past or present victims of domestic
6 violence or who are at risk of domestic violence and, upon
7 request, to be referred to such organizations in a manner
8 which protects the individual's confidentiality.
9 (11) DETERMINATION OF LEVEL OF TEMPORARY CASH
10 ASSISTANCE.--Temporary cash assistance shall be based on a
11 standard determined by the Legislature, subject to
12 availability of funds. There shall be three assistance levels
13 for a family that contains a specified number of eligible
14 members, based on the following criteria:
15 (a) A family that does not have a shelter obligation.
16 (b) A family that has a shelter obligation greater
17 than zero but less than or equal to $50.
18 (c) A family that has a shelter obligation greater
19 than $50 or that is homeless.
20
21 The following chart depicts the levels of temporary cash
22 assistance for implementation purposes:
23
24 THREE-TIER SHELTER PAYMENT STANDARD
25
26 Family Zero Shelter Greater than Zero Greater than $50
27 Size Obligation Less than or Shelter
28 Equal to $50 Obligation
29
30 1 $95 $153 $180
31 2 $158 $205 $241
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 3 $198 $258 $303
2 4 $254 $309 $364
3 5 $289 $362 $426
4 6 $346 $414 $487
5 7 $392 $467 $549
6 8 $438 $519 $610
7 9 $485 $570 $671
8 10 $534 $623 $733
9 11 $582 $676 $795
10 12 $630 $728 $857
11 13 $678 $781 $919
12
13 (12) DISREGARDS.--
14 (a) As an incentive to employment, the first $200 plus
15 one-half of the remainder of earned income shall be
16 disregarded. In order to be eligible for earned income to be
17 disregarded, the individual must be:
18 1. A current participant in the program; or
19 2. Eligible for participation in the program without
20 the earnings disregard.
21 (b) A child's earned income shall be disregarded if
22 the child is a family member, attends high school or the
23 equivalent, and is 19 years of age or younger.
24 (13) CALCULATION OF LEVELS OF TEMPORARY CASH
25 ASSISTANCE.--
26 (a) Temporary cash assistance shall be calculated
27 based on average monthly gross family income, earned and
28 unearned, less any applicable disregards. The resulting
29 monthly net income amount shall be subtracted from the
30 applicable payment standard to determine the monthly amount of
31 temporary cash assistance.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (b) A deduction may not be allowed for child care
2 payments.
3 (14) METHODS OF PAYMENT OF TEMPORARY CASH
4 ASSISTANCE.--Temporary cash assistance may be paid as follows:
5 (a) Direct payment through state warrant, electronic
6 transfer of temporary cash assistance, or voucher.
7 (b) Payment to an alternative payee.
8 (c) Payment for subsidized employment.
9 (d) Pay-after-performance arrangements with public or
10 private not-for-profit agencies.
11 (15) PROHIBITIONS AND RESTRICTIONS.--
12 (a) A family without a minor child living in the home
13 is not eligible to receive temporary cash assistance or
14 services under this chapter. However, a pregnant woman is
15 eligible for temporary cash assistance in the ninth month of
16 pregnancy if all eligibility requirements are otherwise
17 satisfied.
18 (b) Temporary cash assistance, without shelter
19 expense, may be available for a teen parent who is a minor
20 child and for the child. Temporary cash assistance may not be
21 paid directly to the teen parent but must be paid, on behalf
22 of the teen parent and child, to an alternative payee who is
23 designated by the department. The alternative payee may not
24 use the temporary cash assistance for any purpose other than
25 paying for food, clothing, shelter, and medical care for the
26 teen parent and child and for other necessities required to
27 enable the teen parent to attend school or a training program.
28 In order for the child of the teen parent and the teen parent
29 to be eligible for temporary cash assistance, the teen parent
30 must:
31 1. Attend school or an approved alternative training
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 program, unless the child is less than 12 weeks of age or the
2 teen parent has completed high school; and
3 2. Reside with a parent, legal guardian, or other
4 adult caretaker relative. The income and resources of the
5 parent shall be included in calculating the temporary cash
6 assistance available to the teen parent since the parent is
7 responsible for providing support and care for the child
8 living in the home.
9 3. Attend parenting and family classes that provide a
10 curriculum specified by the department or the Department of
11 Health, as available.
12 (c) The teen parent is not required to live with a
13 parent, legal guardian, or other adult caretaker relative if
14 the department determines that:
15 1. The teen parent has suffered or might suffer harm
16 in the home of the parent, legal guardian, or adult caretaker
17 relative.
18 2. The requirement is not in the best interest of the
19 teen parent or the child. If the department determines that it
20 is not in the best interest of the teen parent or child to
21 reside with a parent, legal guardian, or other adult caretaker
22 relative, the department shall provide or assist the teen
23 parent in finding a suitable home, a second-chance home, a
24 maternity home, or other appropriate adult-supervised
25 supportive living arrangement. Such living arrangement may
26 include a shelter obligation in accordance with subsection
27 (11).
28
29 The department may not delay providing temporary cash
30 assistance to the teen parent through the alternative payee
31 designated by the department pending a determination as to
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 where the teen parent should live and sufficient time for the
2 move itself. A teen parent determined to need placement that
3 is unavailable shall continue to be eligible for temporary
4 cash assistance so long as the teen parent cooperates with the
5 department, the local WAGES coalition, and the Department of
6 Health. The teen parent shall be provided with counseling to
7 make the transition from independence to supervised living and
8 with a choice of living arrangements.
9 (d) Notwithstanding any law to the contrary, if a
10 parent or caretaker relative without good cause does not
11 cooperate with the state agency responsible for administering
12 the child support enforcement program in establishing,
13 modifying, or enforcing a support order with respect to a
14 child of a teen parent or other family member, or a child of a
15 family member who is in the care of an adult relative,
16 temporary cash assistance to the entire family shall be denied
17 until the state agency indicates that cooperation by the
18 parent or caretaker relative has been satisfactory. To the
19 extent permissible under federal law, a parent or caretaker
20 relative shall not be penalized for failure to cooperate with
21 paternity establishment or with the establishment,
22 modification, or enforcement of a support order when such
23 cooperation could subject an individual to a risk of domestic
24 violence. Such risk shall constitute good cause to the extent
25 permitted by Title IV-D of the Social Security Act, as
26 amended, or other federal law.
27 (e) If a parent or caretaker relative does not assign
28 any rights a family member may have to support from any other
29 person as required by subsection (8), temporary cash
30 assistance to the entire family shall be denied until the
31 parent or caretaker relative assigns the rights to the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 department.
2 (f) An individual who is convicted in federal or state
3 court of receiving benefits under this chapter, Title XIX, the
4 Food Stamp Act of 1977, or Title XVI (Supplemental Security
5 Income), in two or more states simultaneously may not receive
6 temporary cash assistance or services under this chapter for
7 10 years following the date of conviction.
8 (g) An individual is ineligible to receive temporary
9 cash assistance or services under this chapter during any
10 period when the individual is fleeing to avoid prosecution,
11 custody, or confinement after committing a crime, attempting
12 to commit a crime that is a felony under the laws of the place
13 from which the individual flees or a high misdemeanor in the
14 State of New Jersey, or violating a condition of probation or
15 parole imposed under federal or state law.
16 (h) The parent or other caretaker relative must report
17 to the department by the end of the 5-day period that begins
18 on the date it becomes clear to the parent or caretaker
19 relative that a minor child will be absent from the home for
20 30 or more consecutive days. A parent or caretaker relative
21 who fails to report this information to the department shall
22 be disqualified from receiving temporary cash assistance for
23 30 days for the first occurrence, 60 days for the second
24 occurrence, and 90 days for the third or subsequent
25 occurrence.
26 (i) If the parents of a minor child live apart and
27 equally share custody and control of the child, a parent is
28 ineligible for temporary cash assistance unless the parent
29 clearly demonstrates to the department that the parent
30 provides primary day-to-day custody.
31 (j) The payee of the temporary cash assistance payment
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 is the caretaker relative with whom a minor child resides and
2 who assumes primary responsibility for the child's daily
3 supervision, care, and control, except in cases where a
4 protective payee is established.
5 (16) TRANSITIONAL BENEFITS AND SERVICES.--The
6 department shall develop procedures to ensure that families
7 leaving the temporary cash assistance program receive
8 transitional benefits and services that will assist the family
9 in moving toward self-sufficiency. At a minimum, such
10 procedures must include, but are not limited to, the
11 following:
12 (a) Each WAGES participant who is determined
13 ineligible for cash assistance for a reason other than a work
14 activity sanction shall be contacted by the case manager and
15 provided information about the availability of transitional
16 benefits and services. Such contact shall be attempted prior
17 to closure of the case management file.
18 (b) Each WAGES participant who is determined
19 ineligible for cash assistance due to noncompliance with the
20 work activity requirements shall be contacted and provided
21 information in accordance with s. 414.065(4).
22 (c) The department, in consultation with the WAGES
23 Program State Board of Directors, shall develop informational
24 material, including posters and brochures, to better inform
25 families about the availability of transitional benefits and
26 services.
27 (d) The department shall review federal requirements
28 related to transitional Medicaid and shall, to the extent
29 permitted by federal law, develop procedures to maximize the
30 utilization of transitional Medicaid by families who leave the
31 temporary cash assistance program.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (16)(17) PREELIGIBILITY FRAUD SCREENING.--An applicant
2 who meets an error-prone profile, as determined by the
3 department, is subject to preeligibility fraud screening as a
4 means of reducing misspent funds and preventing fraud. The
5 department shall create an error-prone or fraud-prone case
6 profile within its public assistance information system and
7 shall screen each application for temporary cash assistance
8 the WAGES Program against the profile to identify cases that
9 have a potential for error or fraud. Each case so identified
10 shall be subjected to preeligibility fraud screening.
11 (17)(18) PROPORTIONAL REDUCTION.--If the Social
12 Services Estimating Conference forecasts an increase in the
13 temporary cash assistance caseload and there is insufficient
14 funding, a proportional reduction as determined by the
15 department shall be applied to the levels of temporary cash
16 assistance in subsection (11).
17 (18)(19) ADDITIONAL FUNDING.--When warranted by
18 economic circumstances, the department, in consultation with
19 the Social Services Estimating Conference, shall apply for
20 additional federal funding available from the Contingency Fund
21 for State Welfare Programs.
22 Section 41. Section 414.105, Florida Statutes, is
23 amended to read:
24 414.105 Time limitations of temporary cash
25 assistance.--Unless otherwise expressly provided in this
26 chapter, an applicant or current participant shall receive
27 temporary cash assistance for episodes of not more than 24
28 cumulative months in any consecutive 60-month period that
29 begins with the first month of participation and for not more
30 than a lifetime cumulative total of 48 months as an adult,
31 unless otherwise provided by law.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (1) The time limitation for episodes of temporary cash
2 assistance may not exceed 36 cumulative months in any
3 consecutive 72-month period that begins with the first month
4 of participation and may not exceed a lifetime cumulative
5 total of 48 months of temporary cash assistance as an adult,
6 for cases in which the participant:
7 (a) Has received aid to families with dependent
8 children or temporary cash assistance for any 36 months of the
9 preceding 60 months; or
10 (b) Is a custodial parent under the age of 24 who:
11 1. Has not completed a high school education or its
12 equivalent; or
13 2. Had little or no work experience in the preceding
14 year.
15 (2) A participant who is not exempt from work activity
16 requirements may earn 1 month of eligibility for extended
17 temporary cash assistance, up to maximum of 12 additional
18 months, for each month in which the participant is fully
19 complying with the work activities of the WAGES Program
20 through subsidized or unsubsidized public or private sector
21 employment. The period for which extended temporary cash
22 assistance is granted shall be based upon compliance with
23 WAGES Program requirements beginning October 1, 1996.
24 (3) A WAGES participant who is not exempt from work
25 activity requirements and who participates in a recommended
26 mental health or substance abuse treatment program may earn 1
27 month of eligibility for extended temporary cash assistance,
28 up to a maximum of 12 additional months, for each month in
29 which the individual fully complies with the requirements of
30 the treatment program. This treatment credit may be awarded
31 only upon the successful completion of the treatment program
140
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 and only once during the 48-month time limit.
2 (4) Notwithstanding the time limits previously
3 referenced in this section, a participant may be eligible for
4 a hardship extension. A participant may not receive temporary
5 cash assistance under this subsection, in combination with
6 other periods of temporary cash assistance for longer than a
7 lifetime limit of 48 months. Hardship extensions exemptions to
8 the time limitations of this chapter shall be limited to 20
9 percent of participants in all subsequent years, as determined
10 by the department and approved by the WAGES Program State
11 Board of Directors.
12 (a) For participants who have received 24 cumulative
13 months or 36 cumulative months of temporary cash assistance,
14 criteria for hardship extensions exemptions include:
15 1.(a) Diligent participation in activities, combined
16 with inability to obtain employment.
17 2.(b) Diligent participation in activities, combined
18 with extraordinary barriers to employment, including the
19 conditions which may result in an exemption to work
20 requirements.
21 3.(c) Significant barriers to employment, combined
22 with a need for additional time.
23 4. Delay or interruption in an individual's
24 participation in the program as a result of the effects of
25 domestic violence. Hardship extensions granted under this
26 subsection shall not be subject to the percentage limitation
27 in this subsection.
28 5.(d) Diligent participation in activities and a need
29 by teen parents for an extension exemption in order to have 24
30 months of eligibility beyond receipt of the high school
31 diploma or equivalent.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (e) A recommendation of extension for a minor child of
2 a participating family that has reached the end of the
3 eligibility period for temporary cash assistance. The
4 recommendation must be the result of a review which determines
5 that the termination of the child's temporary cash assistance
6 would be likely to result in the child being placed into
7 emergency shelter or foster care. Temporary cash assistance
8 shall be provided through a protective payee. Staff of the
9 Children and Families Program Office of the department shall
10 conduct all assessments in each case in which it appears a
11 child may require continuation of temporary cash assistance
12 through a protective payee.
13
14 At the recommendation of the regional workforce board local
15 WAGES coalition, temporary cash assistance under a hardship
16 extension exemption for a participant who is eligible for work
17 activities and who is not working shall be reduced by 10
18 percent. Upon the employment of the participant, full benefits
19 shall be restored.
20 (b) The cumulative total of all hardship extensions
21 may not exceed 12 months, may include reduced benefits at the
22 option of the review panel, and shall, in combination with
23 other periods of temporary cash assistance as an adult, total
24 no more than 48 months of temporary cash assistance, unless
25 otherwise provided by law. If an individual fails to comply
26 with program requirements during a hardship extension period,
27 the hardship extension shall be removed upon the participant
28 being given 10 days' notice to show good cause for failure to
29 comply.
30 (c) For participants who have received 48 cumulative
31 months of cash assistance, criteria for hardship extensions
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 include:
2 1. Supplemental Security Income or Social Security
3 Disability Insurance applicants who have pending claims at the
4 end of the 48-month period whose claims have been verified by
5 a physician licensed under chapter 458 or chapter 459. An
6 independent medical examination may be requested by the
7 regional workforce board to establish that the applicant is
8 unable to gain employment.
9 2. Victims of domestic violence who have been engaged
10 in an alternate work plan and despite best efforts are still
11 not work ready.
12 3. Those individuals who have pervasive and persistent
13 barriers to employment due to extensive educational and skills
14 training deficits which require remediation and educational
15 goals that require additional time for habilitation at the
16 time the individual reached the 48-month time limit.
17 Verification that the educational and skills training will
18 likely lead to self-sufficient employment must be provided by
19 a licensed occupational therapist or vocational rehabilitation
20 specialist.
21 4. The regional workforce board must review and
22 evaluate each hardship extension no later than 12 months after
23 the extension has been granted to determine whether an
24 additional extension should be given. If an individual fails
25 to comply with program requirements during a hardship
26 extension, the hardship extension shall be removed upon the
27 participant being given 10 days' notice to show good cause for
28 failure to comply.
29 (3) In addition to the exemptions listed in subsection
30 (2), a victim of domestic violence may be granted a hardship
31 exemption if the effects of such domestic violence delay or
143
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 otherwise interrupt or adversely affect the individual's
2 participation in the program. Hardship exemptions granted
3 under this subsection shall not be subject to the percentage
4 limitations in subsection (2).
5 (5)(4) The department, in cooperation with Workforce
6 Florida, Inc., shall establish a procedure for reviewing and
7 approving hardship extensions exemptions, and the regional
8 workforce board local WAGES coalitions may assist in making
9 these determinations. The composition of any review panel must
10 generally reflect the racial, gender, and ethnic diversity of
11 the community as a whole. Members of a review panel shall
12 serve without compensation but are entitled to receive
13 reimbursement for per diem and travel expenses as provided in
14 s. 112.016.
15 (6) A minor child of a participating family that has
16 reached the end of the eligibility period for temporary cash
17 assistance may receive an extension if the department
18 determines that the termination of the child's temporary cash
19 assistance would be likely to result in the child being placed
20 into emergency shelter or foster care. Temporary cash
21 assistance shall be provided through a protective payee. Staff
22 of the Children and Families Program Office of the department
23 shall conduct all assessments in each case in which it appears
24 a child may require continuation of temporary cash assistance
25 through a protective payee.
26 (5) The cumulative total of all hardship exemptions
27 may not exceed 12 months, may include reduced benefits at the
28 option of the community review panel, and shall, in
29 combination with other periods of temporary cash assistance as
30 an adult, total no more than 48 months of temporary cash
31 assistance. If an individual fails to comply with program
144
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 requirements during a hardship exemption period, the hardship
2 exemption shall be removed.
3 (7)(6) For individuals who have moved from another
4 state, and have legally resided in this state for less than 12
5 months, the time limitation for temporary cash assistance
6 shall be the shorter of the respective time limitations used
7 in the two states, and months in which temporary cash
8 assistance was received under a block grant program that
9 provided temporary assistance for needy families in any state
10 shall count towards the cumulative 48-month benefit limit for
11 temporary cash assistance.
12 (8)(7) For individuals subject to a time limitation
13 under the Family Transition Act of 1993, that time limitation
14 shall continue to apply. Months in which temporary cash
15 assistance was received through the family transition program
16 shall count towards the time limitations under this chapter.
17 (9)(8) Except when temporary cash assistance was
18 received through the family transition program, the
19 calculation of the time limitation for temporary cash
20 assistance shall begin with the first month of receipt of
21 temporary cash assistance after the effective date of this
22 act.
23 (10)(9) Child-only cases are not subject to time
24 limitations, and temporary cash assistance received while an
25 individual is a minor child shall not count towards time
26 limitations.
27 (11)(10) An individual who receives benefits under the
28 Supplemental Security Income program or the Social Security
29 Disability Insurance program is not subject to time
30 limitations. An individual with an assigned 24-month or
31 36-month time limit who has applied for supplemental security
145
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 income (SSI) for disability, but has not yet received a
2 determination must be granted an extension of time limits
3 until the individual receives a final determination on the SSI
4 application. However, such individual shall continue to meet
5 all program requirements assigned to the participant based on
6 medical ability to comply. Such extension shall be within the
7 48-month lifetime limit unless otherwise provided by law.
8 Determination shall be considered final once all appeals have
9 been exhausted, benefits have been received, or denial has
10 been accepted without any appeal. Such individual must
11 continue to meet all program requirements assigned to the
12 participant based on medical ability to comply. Extensions of
13 48-month time limits shall be in accordance with paragraph
14 (4)(c) within the recipient's 48-month lifetime limit.
15 Hardship exemptions granted under this subsection shall not be
16 subject to the percentage limitations in subsection (2).
17 (12)(11) A person who is totally responsible for the
18 personal care of a disabled family member is not subject to
19 time limitations if the need for the care is verified and
20 alternative care is not available for the family member. The
21 department shall annually evaluate an individual's
22 qualifications for this exemption.
23 (13)(12) A member of the WAGES Program staff of the
24 regional workforce board shall interview and assess the
25 employment prospects and barriers of each participant who is
26 within 6 months of reaching the 24-month time limit. The
27 staff member shall assist the participant in identifying
28 actions necessary to become employed prior to reaching the
29 benefit time limit for temporary cash assistance and, if
30 appropriate, shall refer the participant for services that
31 could facilitate employment.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 42. Section 414.157, Florida Statutes, is
2 amended to read:
3 414.157 Diversion program for victims of domestic
4 violence.--
5 (1) The diversion program for victims of domestic
6 violence is intended to provide services and one-time payments
7 to assist victims of domestic violence and their children in
8 making the transition to independence.
9 (2) Before finding an applicant family eligible for
10 the diversion program created under this section, a
11 determination must be made that:
12 (a) The applicant family includes a pregnant woman or
13 a parent with one or more minor children or a caretaker
14 relative with one or more minor children.
15 (b) The services or one-time payment provided are not
16 considered assistance under federal law or guidelines.
17 (3) Notwithstanding any provision to the contrary in
18 ss. 414.075, 414.085, and 414.095, a family meeting the
19 criteria of subsection (2) who is determined by the domestic
20 violence program to be in need of services or one-time payment
21 due to domestic violence shall be considered a needy family
22 and is shall be deemed eligible under this section for
23 services through a certified domestic violence shelter.
24 (4) One-time payments provided under this section
25 shall not exceed $1,000 an amount recommended by the WAGES
26 Program State Board of Directors and adopted by the department
27 in rule.
28 (5) Receipt of services or a one-time payment under
29 this section does shall not preclude eligibility for, or
30 receipt of, other assistance or services under this chapter.
31 Section 43. Section 414.158, Florida Statutes, is
147
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 amended to read:
2 414.158 Diversion program to prevent or reduce child
3 abuse and neglect strengthen Florida's families.--
4 (1) The diversion program to prevent or reduce child
5 abuse and neglect strengthen Florida's families is intended to
6 provide services and one-time payments to assist families in
7 avoiding welfare dependency and to strengthen families so that
8 children can be cared for in their own homes or in the homes
9 of relatives and so that families can be self-sufficient.
10 (2) Before finding a family eligible for the diversion
11 program created under this section, a determination must be
12 made that:
13 (a) The family includes a pregnant woman or a parent
14 with one or more minor children or a caretaker relative with
15 one or more minor children.
16 (b) The family meets the criteria of a voluntary
17 assessment performed by Healthy Families Florida; the family
18 meets the criteria established by the department for
19 determining that one or more children in the family are at
20 risk of abuse, neglect, or threatened harm; or the family is
21 homeless or living in a facility that provides shelter to
22 homeless families.
23 (c) The services or one-time payment provided are not
24 considered assistance under federal law or guidelines.
25 (3) Notwithstanding any provision to the contrary in
26 s. 414.075, s. 414.085, or s. 414.095, a family meeting the
27 requirements of subsection (2) shall be considered a needy
28 family and shall be deemed eligible under this section.
29 (4) The department, in consultation with Healthy
30 Families Florida, may establish additional requirements
31 related to services or one-time payments, and the department
148
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 is authorized to adopt rules relating to maximum amounts of
2 such one-time payments.
3 (5) Receipt of services or a one-time payment under
4 this section shall not preclude eligibility for, or receipt
5 of, other assistance or services under this chapter.
6 Section 44. Subsection (1) of section 414.35, Florida
7 Statutes, is amended to read:
8 414.35 Emergency relief.--
9 (1) The department shall, by October 1, 1978, adopt
10 rules for the administration of emergency assistance programs
11 delegated to the department either by executive order in
12 accordance with the Disaster Relief Act of 1974 or pursuant to
13 the Food Stamp Act of 1977.
14 Section 45. Subsection (1) of section 414.36, Florida
15 Statutes, is amended to read:
16 414.36 Public assistance overpayment recovery program;
17 contracts.--
18 (1) The department shall develop and implement a plan
19 for the statewide privatization of activities relating to the
20 recovery of public assistance overpayment claims. These
21 activities shall include, at a minimum, voluntary cash
22 collections functions for recovery of fraudulent and
23 nonfraudulent benefits paid to recipients of temporary cash
24 assistance under the WAGES Program, food stamps, and aid to
25 families with dependent children.
26 Section 46. Subsection (10) of section 414.39, Florida
27 Statutes, is amended to read:
28 414.39 Fraud.--
29 (10) The department shall create an error-prone or
30 fraud-prone case profile within its public assistance
31 information system and shall screen each application for
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 public assistance, including food stamps, Medicaid, and
2 temporary cash assistance under the WAGES Program, against the
3 profile to identify cases that have a potential for error or
4 fraud. Each case so identified shall be subjected to
5 preeligibility fraud screening.
6 Section 47. Subsection (3) of section 414.41, Florida
7 Statutes, is amended to read:
8 414.41 Recovery of payments made due to mistake or
9 fraud.--
10 (3) The department, or its designee, shall enforce an
11 order of income deduction by the court against the liable
12 adult recipient or participant, including the head of a
13 family, for overpayment received as an adult under the
14 temporary cash assistance WAGES program, the AFDC program, the
15 food stamp program, or the Medicaid program.
16 Section 48. Section 414.55, Florida Statutes, is
17 amended to read:
18 414.55 Implementation of ss.
19 414.015-414.55.--Following the effective date of ss.
20 414.015-414.55:
21 (1)(a) The Governor may delay implementation of ss.
22 414.015-414.55 in order to provide the department, the
23 Department of Labor and Employment Security, the Department of
24 Revenue, and the Department of Health with the time necessary
25 to prepare to implement new programs.
26 (b) The Governor may also delay implementation of
27 portions of ss. 414.015-414.55 in order to allow savings
28 resulting from the enactment of ss. 414.015-414.55 to pay for
29 provisions implemented later. If the Governor determines that
30 portions of ss. 414.015-414.55 should be delayed, the priority
31 in implementing ss. 414.015-414.55 shall be, in order of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 priority:
2 1. Provisions that provide savings in the first year
3 of implementation.
4 2. Provisions necessary to the implementation of work
5 activity requirements, time limits, and sanctions.
6 3. Provisions related to removing marriage penalties
7 and expanding temporary cash assistance to stepparent and
8 two-parent families.
9 4. Provisions related to the reduction of teen
10 pregnancy and out-of-wedlock births.
11 5. Other provisions.
12 (2) The programs affected by ss. 414.015-414.55 shall
13 continue to operate under the provisions of law that would be
14 in effect in the absence of ss. 414.015-414.55, until such
15 time as the Governor informs the Speaker of the House of
16 Representatives and the President of the Senate of his or her
17 intention to implement provisions of ss. 414.015-414.55.
18 Notice of intent to implement ss. 414.015-414.55 shall be
19 given to the Speaker of the House of Representatives and the
20 President of the Senate in writing and shall be delivered at
21 least 14 consecutive days prior to such action.
22 (3) Any changes to a program, activity, or function
23 taken pursuant to this section shall be considered a type two
24 transfer pursuant to the provisions of s. 20.06(2).
25 (4) In implementing ss. 414.015-414.55, The Governor
26 shall minimize the liability of the state by opting out of the
27 special provision related to community work, as described in
28 s. 402(a)(1)(B)(iv) of the Social Security Act, as amended by
29 Pub. L. No. 104-193. The department and Workforce Florida,
30 Inc., the Department of Labor and Employment Security shall
31 implement the community work program in accordance with s.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 445.024 ss. 414.015-414.55.
2 Section 49. Section 414.70, Florida Statutes, is
3 amended to read:
4 414.70 Drug-testing and drug-screening program;
5 procedures.--
6 (1) DEMONSTRATION PROJECT.--The Department of Children
7 and Family Services, in consultation with the regional
8 workforce boards in service areas local WAGES coalitions 3 and
9 8, shall develop and, as soon as possible after January 1,
10 1999, implement a demonstration project in service areas WAGES
11 regions 3 and 8 to screen each applicant and test applicants
12 for temporary cash assistance provided under this chapter, who
13 the department has reasonable cause to believe, based on the
14 screening, engage in illegal use of controlled substances.
15 Unless reauthorized by the Legislature, this demonstration
16 project expires June 30, 2001. As used in this section act,
17 the term "applicant" means an individual who first applies for
18 temporary cash assistance or services under this chapter the
19 WAGES Program. Screening and testing for the illegal use of
20 controlled substances is not required if the individual
21 reapplies during any continuous period in which the individual
22 receives assistance or services. However, an individual may
23 volunteer for drug testing and treatment if funding is
24 available.
25 (a) Applicants subject to the requirements of this
26 section include any parent or caretaker relative who is
27 included in the cash assistance group, including individuals
28 who may be exempt from work activity requirements due to the
29 age of the youngest child or who may be excepted from work
30 activity requirements under s. 414.065(4) s. 414.065(7).
31 (b) Applicants not subject to the requirements of this
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 section include applicants for food stamps or Medicaid who are
2 not applying for cash assistance, applicants who, if eligible,
3 would be exempt from the time limitation and work activity
4 requirements due to receipt of social security disability
5 income, and applicants who, if eligible, would be excluded
6 from the assistance group due to receipt of supplemental
7 security income.
8 (2) PROCEDURES.--Under the demonstration project, the
9 Department of Children and Family Services shall:
10 (a) Provide notice of drug screening and the potential
11 for possible drug testing to each applicant at the time of
12 application. The notice must advise the applicant that drug
13 screening and possibly drug testing will be conducted as a
14 condition for receiving temporary assistance or services under
15 this chapter, and shall specify the assistance or services
16 that are subject to this requirement. The notice must also
17 advise the applicant that a prospective employer may require
18 the applicant to submit to a preemployment drug test. The
19 applicant shall be advised that the required drug screening
20 and possible drug testing may be avoided if the applicant does
21 not apply for or receive assistance or services. The
22 drug-screening and drug-testing program is not applicable in
23 child-only cases.
24 (b) Develop a procedure for drug screening and
25 conducting drug testing of applicants for temporary cash
26 assistance or services under the WAGES Program. For two-parent
27 families, both parents must comply with the drug screening and
28 testing requirements of this section.
29 (c) Provide a procedure to advise each person to be
30 tested, before the test is conducted, that he or she may, but
31 is not required to, advise the agent administering the test of
153
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 any prescription or over-the-counter medication he or she is
2 taking.
3 (d) Require each person to be tested to sign a written
4 acknowledgment that he or she has received and understood the
5 notice and advice provided under paragraphs (a) and (c).
6 (e) Provide a procedure to assure each person being
7 tested a reasonable degree of dignity while producing and
8 submitting a sample for drug testing, consistent with the
9 state's need to ensure the reliability of the sample.
10 (f) Specify circumstances under which a person who
11 fails a drug test has the right to take one or more additional
12 tests.
13 (g) Provide a procedure for appealing the results of a
14 drug test by a person who fails a test and for advising the
15 appellant that he or she may, but is not required to, advise
16 appropriate staff of any prescription or over-the-counter
17 medication he or she has been taking.
18 (h) Notify each person who fails a drug test of the
19 local substance abuse treatment programs that may be available
20 to such person.
21 (3) CHILDREN.--
22 (a) If a parent is deemed ineligible for cash
23 assistance due to refusal to comply with the provisions of
24 this section, his or her dependent child's eligibility for
25 cash assistance is not affected. A parent who is ineligible
26 for cash assistance due to refusal or failure to comply with
27 the provisions of this section shall be subject to the work
28 activity requirements of s. 445.024 s. 414.065, and shall be
29 subject to the penalties under s. 414.065(1) s. 414.065(4)
30 upon failure to comply with such requirements.
31 (b) If a parent is deemed ineligible for cash
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 assistance due to the failure of a drug test, an appropriate
2 protective payee will be established for the benefit of the
3 child.
4 (c) If the parent refuses to cooperate in establishing
5 an appropriate protective payee for the child, the Department
6 of Children and Family Services will appoint one.
7 (4) TREATMENT.--
8 (a) Subject to the availability of funding, the
9 Department of Children and Family Services shall provide a
10 substance abuse treatment program for a person who fails a
11 drug test conducted under this section act and is eligible to
12 receive temporary cash assistance or services under this
13 chapter the WAGES Program. The department shall provide for a
14 retest at the end of the treatment period. Failure to pass the
15 retest will result in the termination of temporary cash
16 assistance or services provided under this chapter and of any
17 right to appeal the termination.
18 (b) The Department of Children and Family Services
19 shall develop rules regarding the disclosure of information
20 concerning applicants who enter treatment, including the
21 requirement that applicants sign a consent to release
22 information to the Department of Children and Family Services
23 or the Department of Labor and Employment Security, as
24 necessary, as a condition of entering the treatment program.
25 (c) The Department of Children and Family Services may
26 develop rules for assessing the status of persons formerly
27 treated under this section act who reapply for assistance or
28 services under the WAGES act as well as the need for drug
29 testing as a part of the reapplication process.
30 (5) EVALUATIONS AND RECOMMENDATIONS.--
31 (a) The Department of Children and Family Services, in
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 conjunction with the regional workforce boards local WAGES
2 coalitions in service areas 3 and 8, shall conduct a
3 comprehensive evaluation of the demonstration projects
4 operated under this section act. By January 1, 2000, the
5 department, in conjunction with the local WAGES coalitions
6 involved, shall report to the WAGES Program State Board of
7 Directors and to the Legislature on the status of the initial
8 implementation of the demonstration projects and shall
9 specifically describe the problems encountered and the funds
10 expended during the first year of operation.
11 (b) By January 1, 2001, the department, in conjunction
12 with the regional workforce boards local WAGES coalitions
13 involved, shall provide a comprehensive evaluation to the
14 WAGES Program State Board of Directors and to the Legislature,
15 which must include:
16 1. The impact of the drug-screening and drug-testing
17 program on employability, job placement, job retention, and
18 salary levels of program participants.
19 2. Recommendations, based in part on a cost and
20 benefit analysis, as to the feasibility of expanding the
21 program to other local WAGES service areas, including specific
22 recommendations for implementing such expansion of the
23 program.
24 (6) CONFLICTS.--In the event of a conflict between the
25 implementation procedures described in this program and
26 federal requirements and regulations, federal requirements and
27 regulations shall control.
28 Section 50. Sections 239.249, 288.9950, 288.9954,
29 288.9957, 288.9958, 288.9959, 414.015, 414.026, 414.0267,
30 414.027, 414.028, 414.029, 414.030, 414.055, 414.125, 414.25,
31 and 414.38, Florida Statutes, are repealed.
156
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 51. Subsection (2) of section 14.2015, Florida
2 Statutes, is amended to read:
3 14.2015 Office of Tourism, Trade, and Economic
4 Development; creation; powers and duties.--
5 (2) The purpose of the Office of Tourism, Trade, and
6 Economic Development is to assist the Governor in working with
7 the Legislature, state agencies, business leaders, and
8 economic development professionals to formulate and implement
9 coherent and consistent policies and strategies designed to
10 provide economic opportunities for all Floridians. To
11 accomplish such purposes, the Office of Tourism, Trade, and
12 Economic Development shall:
13 (a) Contract, notwithstanding the provisions of part I
14 of chapter 287, with the direct-support organization created
15 under s. 288.1229 to guide, stimulate, and promote the sports
16 industry in the state, to promote the participation of
17 Florida's citizens in amateur athletic competition, and to
18 promote Florida as a host for national and international
19 amateur athletic competitions.
20 (b) Monitor the activities of public-private
21 partnerships and state agencies in order to avoid duplication
22 and promote coordinated and consistent implementation of
23 programs in areas including, but not limited to, tourism;
24 international trade and investment; business recruitment,
25 creation, retention, and expansion; workforce development;
26 minority and small business development; and rural community
27 development. As part of its responsibilities under this
28 paragraph, the office shall work with Enterprise Florida,
29 Inc., and Workforce Florida, Inc., to ensure that, to the
30 maximum extent possible, there are direct linkages between the
31 economic development and workforce development goals and
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 strategies of the state.
2 (c) Facilitate the direct involvement of the Governor
3 and the Lieutenant Governor in economic development and
4 workforce development projects designed to create, expand, and
5 retain Florida businesses and to recruit worldwide business,
6 as well as in other job-creating efforts.
7 (d) Assist the Governor, in cooperation with
8 Enterprise Florida, Inc., Workforce Florida, Inc., and the
9 Florida Commission on Tourism, in preparing an annual report
10 to the Legislature on the state of the business climate in
11 Florida and on the state of economic development in Florida
12 which will include the identification of problems and the
13 recommendation of solutions. This report shall be submitted
14 to the President of the Senate, the Speaker of the House of
15 Representatives, the Senate Minority Leader, and the House
16 Minority Leader by January 1 of each year, and it shall be in
17 addition to the Governor's message to the Legislature under
18 the State Constitution and any other economic reports required
19 by law.
20 (e) Plan and conduct at least one meeting per calendar
21 year of leaders in business, government, education, workforce
22 development, and economic development called by the Governor
23 to address the business climate in the state, develop a common
24 vision for the economic future of the state, and identify
25 economic development efforts to fulfill that vision.
26 (f)1. Administer the Florida Enterprise Zone Act under
27 ss. 290.001-290.016, the community contribution tax credit
28 program under ss. 220.183 and 624.5105, the tax refund program
29 for qualified target industry businesses under s. 288.106, the
30 tax-refund program for qualified defense contractors under s.
31 288.1045, contracts for transportation projects under s.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 288.063, the sports franchise facility program under s.
2 288.1162, the professional golf hall of fame facility program
3 under s. 288.1168, the expedited permitting process under s.
4 403.973, the Rural Community Development Revolving Loan Fund
5 under s. 288.065, the Regional Rural Development Grants
6 Program under s. 288.018, the Certified Capital Company Act
7 under s. 288.99, the Florida State Rural Development Council,
8 the Rural Economic Development Initiative, and other programs
9 that are specifically assigned to the office by law, by the
10 appropriations process, or by the Governor. Notwithstanding
11 any other provisions of law, the office may expend interest
12 earned from the investment of program funds deposited in the
13 Economic Development Trust Fund, the Grants and Donations
14 Trust Fund, the Brownfield Property Ownership Clearance
15 Assistance Revolving Loan Trust Fund, and the Economic
16 Development Transportation Trust Fund to contract for the
17 administration of the programs, or portions of the programs,
18 enumerated in this paragraph or assigned to the office by law,
19 by the appropriations process, or by the Governor. Such
20 expenditures shall be subject to review under chapter 216.
21 2. The office may enter into contracts in connection
22 with the fulfillment of its duties concerning the Florida
23 First Business Bond Pool under chapter 159, tax incentives
24 under chapters 212 and 220, tax incentives under the Certified
25 Capital Company Act in chapter 288, foreign offices under
26 chapter 288, the Enterprise Zone program under chapter 290,
27 the Seaport Employment Training program under chapter 311, the
28 Florida Professional Sports Team License Plates under chapter
29 320, Spaceport Florida under chapter 331, Expedited Permitting
30 under chapter 403, and in carrying out other functions that
31 are specifically assigned to the office by law, by the
159
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 appropriations process, or by the Governor.
2 (g) Serve as contract administrator for the state with
3 respect to contracts with Enterprise Florida, Inc., the
4 Florida Commission on Tourism, and all direct-support
5 organizations under this act, excluding those relating to
6 tourism. To accomplish the provisions of this act and
7 applicable provisions of chapter 288, and notwithstanding the
8 provisions of part I of chapter 287, the office shall enter
9 into specific contracts with Enterprise Florida, Inc., the
10 Florida Commission on Tourism, and other appropriate
11 direct-support organizations. Such contracts may be multiyear
12 and shall include specific performance measures for each year.
13 (h) Provide administrative oversight for the Office of
14 the Film Commissioner, created under s. 288.1251, to develop,
15 promote, and provide services to the state's entertainment
16 industry and to administratively house the Florida Film
17 Advisory Council created under s. 288.1252.
18 (i) Prepare and submit as a separate budget entity a
19 unified budget request for tourism, trade, and economic
20 development in accordance with chapter 216 for, and in
21 conjunction with, Enterprise Florida, Inc., and its boards,
22 the Florida Commission on Tourism and its direct-support
23 organization, the Florida Black Business Investment Board, the
24 Office of the Film Commissioner, and the direct-support
25 organization created to promote the sports industry.
26 (j) Adopt rules, as necessary, to carry out its
27 functions in connection with the administration of the
28 Qualified Target Industry program, the Qualified Defense
29 Contractor program, the Certified Capital Company Act, the
30 Enterprise Zone program, and the Florida First Business Bond
31 pool.
160
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 52. Effective October 1, 2000, subsections (4)
2 and (5) of section 20.171, Florida Statutes, are amended to
3 read:
4 20.171 Department of Labor and Employment
5 Security.--There is created a Department of Labor and
6 Employment Security. The department shall operate its programs
7 in a decentralized fashion.
8 (4)(a) The Assistant Secretary for Programs and
9 Operations must possess a broad knowledge of the
10 administrative, financial, and technical aspects of the
11 divisions within the department.
12 (b) The assistant secretary is responsible for
13 developing, monitoring, and enforcing policy and managing
14 major technical programs and supervising the Bureau of Appeals
15 of the Division of Unemployment Compensation. The
16 responsibilities and duties of the position include, but are
17 not limited to, the following functional areas:
18 1. Workers' compensation management and policy
19 implementation.
20 2. Jobs and benefits management and policy
21 information.
22 2.3. Unemployment compensation management and policy
23 implementation.
24 3.4. Blind services management and policy
25 implementation.
26 4.5. Oversight of the five field offices and any local
27 offices.
28 (5) The following divisions are established and shall
29 be headed by division directors who shall be supervised by and
30 shall be responsible to the Assistant Secretary for Programs
31 and Operations:
161
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (a) Division of Workforce and Employment
2 Opportunities.
3 (a)(b) Division of Unemployment Compensation.
4 (b)(c) Division of Workers' Compensation.
5 (c)(d) Division of Blind Services.
6 (d)(e) Division of Safety, which is repealed July 1,
7 2000.
8 (e)(f) Division of Vocational Rehabilitation.
9 Section 53. Section 20.50, Florida Statutes, is
10 created to read:
11 20.50 Agency for Workforce Innovation.--There is
12 created the Agency for Workforce Innovation within the
13 Department of Management Services. The agency shall be a
14 separate budget entity, and the director of the agency shall
15 be the agency head for all purposes. The agency shall not be
16 subject to control, supervision, or direction by the
17 Department of Management Services in any manner, including,
18 but not limited to, personnel, purchasing, transactions
19 involving real or personal property, and budgetary matters.
20 (1) The Agency for Workforce Innovation shall ensure
21 that the state appropriately administers federal and state
22 workforce funding by administering plans and policies of
23 Workforce Florida, Inc., under contract with Workforce
24 Florida, Inc. The operating budget and mid-year amendments
25 thereto must be part of such contract.
26 (a) All program and fiscal instructions to regional
27 workforce boards shall emanate from the agency pursuant to
28 plans and policies of Workforce Florida, Inc. Workforce
29 Florida, Inc., shall be responsible for all policy directions
30 to the regional boards.
31 (b) Unless otherwise provided by agreement with
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Workforce Florida, Inc., administrative and personnel policies
2 of the Agency for Workforce Innovation shall apply.
3 (2) The Agency for Workforce Innovation shall be the
4 designated administrative agency for receipt of federal
5 workforce development grants and other federal funds, and
6 shall carry out the duties and responsibilities assigned by
7 the Governor under each federal grant assigned to the agency.
8 The agency shall be a separate budget entity and shall expend
9 each revenue source as provided by federal and state law and
10 as provided in plans developed by and agreements with
11 Workforce Florida, Inc. The agency shall prepare and submit as
12 a separate budget entity a unified budget request for
13 workforce development, in accordance with chapter 216 for, and
14 in conjunction with, Workforce Florida, Inc., and its board.
15 The head of the agency is the Director of Workforce
16 Innovation, who shall be appointed by the Governor. Within the
17 agency's overall organizational structure, the agency shall
18 include the following offices which shall have the specified
19 responsibilities:
20 (a) The Office of Workforce Services shall administer
21 state merit system program staff within the workforce service
22 delivery system, pursuant to policies of Workforce Florida,
23 Inc. The office shall be directed by the Deputy Director for
24 Workforce Services, who shall be appointed by and serve at the
25 pleasure of the director.
26 (b) The Office of Workforce Support Services shall be
27 responsible for ensuring provisions for Temporary Assistance
28 for Needy Families and welfare transition programs in federal
29 laws and regulations and chapters 414 and 445 are implemented.
30 The office shall ensure participants in these programs receive
31 case management services, and support services, such as
163
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 subsidized child care, health care coverage, diversion, and
2 relocation assistance, to enable them to succeed in the
3 workforce, as delineated in their case plans. The office
4 shall be directed by the Deputy Director for Workforce Support
5 Services, who shall be appointed by and serve at the pleasure
6 of the director.
7 (c) The Office of Workforce Investment and
8 Accountability shall be responsible for procurement,
9 contracting, financial management, accounting, audits, and
10 verification. The office shall be directed by the Deputy
11 Director for Workforce Investment and Accountability, who
12 shall be appointed by and serve at the pleasure of the
13 director. The office shall be responsible for:
14 1. Establishing standards and controls for reporting
15 budgeting, expenditure, and performance information for
16 assessing outcomes, service delivery, and financial
17 administration of workforce programs pursuant to ss.
18 445.004(5) and 445.004(9).
19 2. Establishing monitoring, quality assurance, and
20 quality improvement systems that routinely assess the quality
21 and effectiveness of contracted programs and services.
22 3. Annual review of each regional workforce board and
23 administrative entity to ensure adequate systems of reporting
24 and control are in place, and monitoring, quality assurance,
25 and quality improvement activities are conducted routinely,
26 and corrective action is taken to eliminate deficiencies.
27 (d) The Office of Workforce Information Services shall
28 deliver information on labor markets, employment, occupations,
29 and performance, and shall implement and maintain information
30 systems that are required for the effective operation of the
31 one-stop delivery system, including, but not limited to, those
164
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 systems described in s. 445.009. The office will be under the
2 direction of the Deputy Director for Workforce Information
3 Services, who shall be appointed by and serve at the pleasure
4 of the director. The office shall be responsible for
5 establishing:
6 1. Information systems and controls that report
7 reliable, timely and accurate fiscal and performance data for
8 assessing outcomes, service delivery, and financial
9 administration of workforce programs pursuant to ss.
10 445.004(5) and 445.004(9).
11 2. Information systems that support service
12 integration and case management by providing for case tracking
13 for participants in welfare transition programs.
14 (3) The Agency for Workforce Innovation shall serve as
15 the designated agency for purposes of each federal workforce
16 development grant assigned to it for administration. The
17 agency shall carry out the duties assigned to it by the
18 Governor, under the terms and conditions of each grant. The
19 agency shall have the level of authority and autonomy
20 necessary to be the designated recipient of each federal grant
21 assigned to it, and shall disperse such grants pursuant to the
22 plans and policies of Workforce Florida, Inc. The director
23 may, upon delegation from the Governor and pursuant to
24 agreement with Workforce Florida, Inc., sign contracts,
25 grants, and other instruments as necessary to execute
26 functions assigned to the agency. The assignment of powers and
27 duties to the agency does not limit the authority and
28 responsibilities of the Secretary of Management Services as
29 provided in paragraph (1)(a). Notwithstanding other provisions
30 of law, the following federal grants and other funds are
31 assigned for administration to the Agency for Workforce
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Innovation:
2 (a) Programs authorized under Title I of the Workforce
3 Investment Act of 1998, Pub. L. No. 105-220, except for
4 programs funded directly by the United States Department of
5 Labor under Title I, s. 167.
6 (b) Programs authorized under the Wagner-Peyser Act of
7 1933, as amended, 29 U.S.C. ss. 49 et seq.
8 (c) Welfare-to-work grants administered by the United
9 States Department of Labor under Title IV, s. 403, of the
10 Social Security Act, as amended.
11 (d) Activities authorized under Title II of the Trade
12 Act of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the
13 Trade Adjustment Assistance Program.
14 (e) Activities authorized under chapter 41 of Title 38
15 U.S.C., including job counseling, training, and placement for
16 veterans.
17 (f) Employment and training activities carried out
18 under the Community Services Block Grant Act, 42 U.S.C. ss.
19 9901 et seq.
20 (g) Employment and training activities carried out
21 under funds awarded to this state by the United States
22 Department of Housing and Urban Development.
23 (h) Designated state and local program expenditures
24 under part A of Title IV of the Social Security Act for
25 welfare transition workforce services associated with the
26 Temporary Assistance for Needy Families Program.
27 (i) Programs authorized under the National and
28 Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,
29 and the Service-America programs, the National Service Trust
30 programs, the Civilian Community Corps, the Corporation for
31 National and Community Service, the American Conservation and
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Youth Service Corps, and the Points of Light Foundation
2 programs, if such programs are awarded to the state.
3 (j) Other programs funded by federal or state
4 appropriations, as determined by the Legislature in the
5 General Appropriations Act or by law.
6 (4) The Agency for Workforce Innovation shall provide
7 or contract for training for employees of administrative
8 entities and case managers of any contracted providers to
9 ensure they have the necessary competencies and skills to
10 provide adequate administrative oversight and delivery of the
11 full array of client services pursuant to s. 445.006(5)(f).
12 Training requirements include, but are not limited to:
13 (a) Minimum skills, knowledge, and abilities required
14 for each classification of program personnel utilized in the
15 regional workforce boards' service delivery plans.
16 (b) Minimum requirements for development of a regional
17 workforce board supported personnel training plan to include
18 preservice and inservice components.
19 (c) Specifications or criteria under which any
20 regional workforce board may award bonus points or otherwise
21 give preference to competitive service provider applications
22 that provide minimum criteria for assuring competent case
23 management, including, but not limited to, maximum caseload
24 per case manager, current staff turnover rate, minimum
25 educational or work experience requirements, and a
26 differentiated compensation plan based on the competency
27 levels of personnel.
28 (d) Minimum skills, knowledge, and abilities required
29 for contract management, including budgeting, expenditure, and
30 performance information related to service delivery and
31 financial administration, monitoring, quality assurance and
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 improvement, and standards of conduct for employees of
2 regional workforce boards and administrative entities
3 specifically related to carrying out contracting
4 responsibilities.
5 Section 54. Paragraph (b) of subsection (5) of section
6 212.08, Florida Statutes, is amended to read:
7 212.08 Sales, rental, use, consumption, distribution,
8 and storage tax; specified exemptions.--The sale at retail,
9 the rental, the use, the consumption, the distribution, and
10 the storage to be used or consumed in this state of the
11 following are hereby specifically exempt from the tax imposed
12 by this chapter.
13 (5) EXEMPTIONS; ACCOUNT OF USE.--
14 (b) Machinery and equipment used to increase
15 productive output.--
16 1. Industrial machinery and equipment purchased for
17 exclusive use by a new business in spaceport activities as
18 defined by s. 212.02 or for use in new businesses which
19 manufacture, process, compound, or produce for sale items of
20 tangible personal property at fixed locations are exempt from
21 the tax imposed by this chapter upon an affirmative showing by
22 the taxpayer to the satisfaction of the department that such
23 items are used in a new business in this state. Such purchases
24 must be made prior to the date the business first begins its
25 productive operations, and delivery of the purchased item must
26 be made within 12 months of that date.
27 2.a. Industrial machinery and equipment purchased for
28 exclusive use by an expanding facility which is engaged in
29 spaceport activities as defined by s. 212.02 or for use in
30 expanding manufacturing facilities or plant units which
31 manufacture, process, compound, or produce for sale items of
168
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 tangible personal property at fixed locations in this state
2 are exempt from any amount of tax imposed by this chapter in
3 excess of $50,000 per calendar year upon an affirmative
4 showing by the taxpayer to the satisfaction of the department
5 that such items are used to increase the productive output of
6 such expanded facility or business by not less than 10
7 percent.
8 b. Notwithstanding any other provision of this
9 section, industrial machinery and equipment purchased for use
10 in expanding printing manufacturing facilities or plant units
11 that manufacture, process, compound, or produce for sale items
12 of tangible personal property at fixed locations in this state
13 are exempt from any amount of tax imposed by this chapter upon
14 an affirmative showing by the taxpayer to the satisfaction of
15 the department that such items are used to increase the
16 productive output of such an expanded business by not less
17 than 10 percent.
18 3.a. To receive an exemption provided by subparagraph
19 1. or subparagraph 2., a qualifying business entity shall
20 apply to the department for a temporary tax exemption permit.
21 The application shall state that a new business exemption or
22 expanded business exemption is being sought. Upon a tentative
23 affirmative determination by the department pursuant to
24 subparagraph 1. or subparagraph 2., the department shall issue
25 such permit.
26 b. The applicant shall be required to maintain all
27 necessary books and records to support the exemption. Upon
28 completion of purchases of qualified machinery and equipment
29 pursuant to subparagraph 1. or subparagraph 2., the temporary
30 tax permit shall be delivered to the department or returned to
31 the department by certified or registered mail.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 c. If, in a subsequent audit conducted by the
2 department, it is determined that the machinery and equipment
3 purchased as exempt under subparagraph 1. or subparagraph 2.
4 did not meet the criteria mandated by this paragraph or if
5 commencement of production did not occur, the amount of taxes
6 exempted at the time of purchase shall immediately be due and
7 payable to the department by the business entity, together
8 with the appropriate interest and penalty, computed from the
9 date of purchase, in the manner prescribed by this chapter.
10 d. In the event a qualifying business entity fails to
11 apply for a temporary exemption permit or if the tentative
12 determination by the department required to obtain a temporary
13 exemption permit is negative, a qualifying business entity
14 shall receive the exemption provided in subparagraph 1. or
15 subparagraph 2. through a refund of previously paid taxes. No
16 refund may be made for such taxes unless the criteria mandated
17 by subparagraph 1. or subparagraph 2. have been met and
18 commencement of production has occurred.
19 4. The department shall promulgate rules governing
20 applications for, issuance of, and the form of temporary tax
21 exemption permits; provisions for recapture of taxes; and the
22 manner and form of refund applications and may establish
23 guidelines as to the requisites for an affirmative showing of
24 increased productive output, commencement of production, and
25 qualification for exemption.
26 5. The exemptions provided in subparagraphs 1. and 2.
27 do not apply to machinery or equipment purchased or used by
28 electric utility companies, communications companies, oil or
29 gas exploration or production operations, publishing firms
30 that do not export at least 50 percent of their finished
31 product out of the state, any firm subject to regulation by
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the Division of Hotels and Restaurants of the Department of
2 Business and Professional Regulation, or any firm which does
3 not manufacture, process, compound, or produce for sale items
4 of tangible personal property or which does not use such
5 machinery and equipment in spaceport activities as required by
6 this paragraph. The exemptions provided in subparagraphs 1.
7 and 2. shall apply to machinery and equipment purchased for
8 use in phosphate or other solid minerals severance, mining, or
9 processing operations only by way of a prospective credit
10 against taxes due under chapter 211 for taxes paid under this
11 chapter on such machinery and equipment.
12 6. For the purposes of the exemptions provided in
13 subparagraphs 1. and 2., these terms have the following
14 meanings:
15 a. "Industrial machinery and equipment" means "section
16 38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the
17 Internal Revenue Code, provided "industrial machinery and
18 equipment" shall be construed by regulations adopted by the
19 Department of Revenue to mean tangible property used as an
20 integral part of spaceport activities or of the manufacturing,
21 processing, compounding, or producing for sale of items of
22 tangible personal property. Such term includes parts and
23 accessories only to the extent that the exemption thereof is
24 consistent with the provisions of this paragraph.
25 b. "Productive output" means the number of units
26 actually produced by a single plant or operation in a single
27 continuous 12-month period, irrespective of sales. Increases
28 in productive output shall be measured by the output for 12
29 continuous months immediately following the completion of
30 installation of such machinery or equipment over the output
31 for the 12 continuous months immediately preceding such
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 installation. However, if a different 12-month continuous
2 period of time would more accurately reflect the increase in
3 productive output of machinery and equipment purchased to
4 facilitate an expansion, the increase in productive output may
5 be measured during that 12-month continuous period of time if
6 such time period is mutually agreed upon by the Department of
7 Revenue and the expanding business prior to the commencement
8 of production; provided, however, in no case may such time
9 period begin later than 2 years following the completion of
10 installation of the new machinery and equipment. The units
11 used to measure productive output shall be physically
12 comparable between the two periods, irrespective of sales.
13 7. Notwithstanding any other provision in this
14 paragraph to the contrary, in order to receive the exemption
15 provided in this paragraph a taxpayer must register with the
16 WAGES Program Business Registry established by the local WAGES
17 coalition for the area in which the taxpayer is located. Such
18 registration establishes a commitment on the part of the
19 taxpayer to hire WAGES program participants to the maximum
20 extent possible consistent with the nature of their business.
21 Section 55. Subsections (1) and (3) of section
22 212.096, Florida Statutes, are amended to read:
23 212.096 Sales, rental, storage, use tax; enterprise
24 zone jobs credit against sales tax.--
25 (1) For the purposes of the credit provided in this
26 section:
27 (a) "Eligible business" means any sole proprietorship,
28 firm, partnership, corporation, bank, savings association,
29 estate, trust, business trust, receiver, syndicate, or other
30 group or combination, or successor business, located in an
31 enterprise zone. An eligible business does not include any
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 business which has claimed the credit permitted under s.
2 220.181 for any new business employee first beginning
3 employment with the business after July 1, 1995.
4 (b) "Month" means either a calendar month or the time
5 period from any day of any month to the corresponding day of
6 the next succeeding month or, if there is no corresponding day
7 in the next succeeding month, the last day of the succeeding
8 month.
9 (c) "New employee" means a person residing in an
10 enterprise zone, a qualified Job Training Partnership Act
11 classroom training participant, or a welfare transition WAGES
12 program participant who begins employment with an eligible
13 business after July 1, 1995, and who has not been previously
14 employed within the preceding 12 months by the eligible
15 business, or a successor eligible business, claiming the
16 credit allowed by this section.
17
18 A person shall be deemed to be employed if the person performs
19 duties in connection with the operations of the business on a
20 regular, full-time basis, provided the person is performing
21 such duties for an average of at least 36 hours per week each
22 month, or a part-time basis, provided the person is performing
23 such duties for an average of at least 20 hours per week each
24 month throughout the year. The person must be performing such
25 duties at a business site located in the enterprise zone.
26 (3) In order to claim this credit, an eligible
27 business must file under oath with the governing body or
28 enterprise zone development agency having jurisdiction over
29 the enterprise zone where the business is located, as
30 applicable, a statement which includes:
31 (a) For each new employee for whom this credit is
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 claimed, the employee's name and place of residence, including
2 the identifying number assigned pursuant to s. 290.0065 to the
3 enterprise zone in which the employee resides if the new
4 employee is a person residing in an enterprise zone, and, if
5 applicable, documentation that the employee is a qualified Job
6 Training Partnership Act classroom training participant or a
7 welfare transition WAGES program participant.
8 (b) If applicable, the name and address of each
9 permanent employee of the business, including, for each
10 employee who is a resident of an enterprise zone, the
11 identifying number assigned pursuant to s. 290.0065 to the
12 enterprise zone in which the employee resides.
13 (c) The name and address of the eligible business.
14 (d) The starting salary or hourly wages paid to the
15 new employee.
16 (e) The identifying number assigned pursuant to s.
17 290.0065 to the enterprise zone in which the business is
18 located.
19 (f) Whether the business is a small business as
20 defined by s. 288.703(1).
21 (g) Within 10 working days after receipt of an
22 application, the governing body or enterprise zone development
23 agency shall review the application to determine if it
24 contains all the information required pursuant to this
25 subsection and meets the criteria set out in this section. The
26 governing body or agency shall certify all applications that
27 contain the information required pursuant to this subsection
28 and meet the criteria set out in this section as eligible to
29 receive a credit. If applicable, the governing body or agency
30 shall also certify if 20 percent of the employees of the
31 business are residents of an enterprise zone, excluding
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 temporary and part-time employees. The certification shall be
2 in writing, and a copy of the certification shall be
3 transmitted to the executive director of the Department of
4 Revenue. The business shall be responsible for forwarding a
5 certified application to the department within the time
6 specified in paragraph (h).
7 (h) All applications for a credit pursuant to this
8 section must be submitted to the department within 4 months
9 after the new employee is hired.
10 Section 56. Subsection (5) of section 212.097, Florida
11 Statutes, is amended to read:
12 212.097 Urban High-Crime Area Job Tax Credit
13 Program.--
14 (5) For any new eligible business receiving a credit
15 pursuant to subsection (3), an additional $500 credit shall be
16 provided for any qualified employee who is a welfare
17 transition WAGES program participant pursuant to chapter 414.
18 For any existing eligible business receiving a credit pursuant
19 to subsection (4), an additional $500 credit shall be provided
20 for any qualified employee who is a welfare transition WAGES
21 program participant pursuant to chapter 414. Such employee
22 must be employed on the application date and have been
23 employed less than 1 year. This credit shall be in addition to
24 other credits pursuant to this section regardless of the
25 tier-level of the high-crime area. Appropriate documentation
26 concerning the eligibility of an employee for this credit must
27 be submitted as determined by the department.
28 Section 57. Subsection (5) of section 212.098, Florida
29 Statutes, is amended to read:
30 212.098 Rural Job Tax Credit Program.--
31 (5) For any new eligible business receiving a credit
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 pursuant to subsection (3), an additional $500 credit shall be
2 provided for any qualified employee who is a welfare
3 transition WAGES program participant pursuant to chapter 414.
4 For any existing eligible business receiving a credit pursuant
5 to subsection (4), an additional $500 credit shall be provided
6 for any qualified employee who is a welfare transition WAGES
7 program participant pursuant to chapter 414. Such employee
8 must be employed on the application date and have been
9 employed less than 1 year. This credit shall be in addition to
10 other credits pursuant to this section regardless of the
11 tier-level of the county. Appropriate documentation concerning
12 the eligibility of an employee for this credit must be
13 submitted as determined by the department.
14 Section 58. Subsection (10) of section 216.136,
15 Florida Statutes, is amended to read:
16 216.136 Consensus estimating conferences; duties and
17 principals.--
18 (10) WORKFORCE ESTIMATING OCCUPATIONAL FORECASTING
19 CONFERENCE.--
20 (a) Duties.--
21 1. The Workforce Estimating Occupational Forecasting
22 Conference shall develop such official information on the
23 workforce development system planning process as it relates to
24 the personnel needs of current, new, and emerging industries
25 as the conference determines is needed by the state planning
26 and budgeting system. Such information, using quantitative
27 and qualitative research methods, must include at least:
28 short-term and long-term forecasts of employment demand for
29 high-skills/high-wage jobs by occupation and industry; entry
30 and average relative wage forecasts among those occupations;
31 and estimates of the supply of trained and qualified
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 individuals available or potentially available for employment
2 in those occupations, with special focus upon those
3 occupations and industries which require high skills and have
4 high entry wages and experienced wage levels. In the
5 development of workforce estimates, the conference shall use,
6 to the fullest extent possible, local occupational and
7 workforce forecasts and estimates.
8 2. The Workforce Estimating Conference shall review
9 data concerning the local and regional demands for short-term
10 and long-term employment in High-Skills/High-Wage Program
11 jobs, as well as other jobs, which data is generated through
12 surveys conducted as part of the state's Internet-based job
13 matching and labor market information system authorized under
14 s. 445.011. The conference shall consider such data in
15 developing its forecasts for statewide employment demand,
16 including reviewing the local and regional data for common
17 trends and conditions among localities or regions which may
18 warrant inclusion of a particular occupation on the statewide
19 occupational forecasting list developed by the conference.
20 Based upon its review of such survey data, the conference
21 shall also make recommendations semiannually to Workforce
22 Florida, Inc., on additions or deletions to lists of locally
23 targeted occupations approved by Workforce Florida, Inc.
24 3. During each legislative session, and at other times
25 if necessary, the Workforce Estimating Conference shall meet
26 as the Workforce Impact Conference for the purpose of
27 determining the effects of legislation related to the state's
28 workforce and economic development efforts introduced prior to
29 and during such legislative session. In addition to the
30 designated principals of the impact conference, nonprincipal
31 participants of the impact conference shall include a
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 representative of the Florida Chamber of Commerce and other
2 interested parties. The impact conference shall use both
3 quantitative and qualitative research methods to determine the
4 impact of introduced legislation related to workforce and
5 economic development issues.
6 4. Notwithstanding subparagraph 3., the Workforce
7 Estimating Conference, for the purposes described in
8 subparagraph 1., shall meet no less than 2 times in a calendar
9 year. The first meeting shall be held in February and the
10 second meeting shall be held in August. Other meetings may be
11 scheduled as needed.
12 (b) Principals.--The Commissioner of Education, the
13 Executive Office of the Governor, the director of the Office
14 of Tourism, Trade, and Economic Development, the director of
15 the Agency for Workforce Innovation Secretary of Labor, the
16 Chancellor of the State University System, the Executive
17 Director of the State Board of Community Colleges, the Chair
18 of the State Board of Nonpublic Career Education, the Chair of
19 the Workforce Florida, Inc., and the coordinator of the Office
20 of Economic and Demographic Research, or their designees, and
21 professional staff from the Senate and the House of
22 Representatives who have forecasting and substantive
23 expertise, are the principals of the Workforce Estimating
24 Occupational Forecasting Conference. In addition to the
25 designated principals of the conference, nonprincipal
26 participants of the conference shall include a representative
27 of the Florida Chamber of Commerce and other interested
28 parties. The principal representing the Executive Office of
29 the Governor Commissioner of Education, or the commissioner's
30 designee, shall preside over the sessions of the conference.
31 Section 59. Subsections (1) and (2) of section
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 220.181, Florida Statutes, are amended to read:
2 220.181 Enterprise zone jobs credit.--
3 (1)(a) Beginning July 1, 1995, there shall be allowed
4 a credit against the tax imposed by this chapter to any
5 business located in an enterprise zone which employs one or
6 more new employees. The credit shall be computed as follows:
7 1. Ten percent of the actual monthly wages paid in
8 this state to each new employee whose wages do not exceed
9 $1,500 a month. If no less than 20 percent of the employees of
10 the business are residents of an enterprise zone, excluding
11 temporary and part-time employees, the credit shall be
12 computed as 15 percent of the actual monthly wages paid in
13 this state to each new employee, for a period of up to 12
14 consecutive months;
15 2. Five percent of the first $1,500 of actual monthly
16 wages paid in this state for each new employee whose wages
17 exceed $1,500 a month; or
18 3. Fifteen percent of the first $1,500 of actual
19 monthly wages paid in this state for each new employee who is
20 a welfare transition WAGES program participant pursuant to
21 chapter 414.
22 (b) This credit applies only with respect to wages
23 subject to unemployment tax and does not apply for any new
24 employee who is employed for any period less than 3 full
25 months.
26 (c) If this credit is not fully used in any one year,
27 the unused amount may be carried forward for a period not to
28 exceed 5 years. The carryover credit may be used in a
29 subsequent year when the tax imposed by this chapter for such
30 year exceeds the credit for such year after applying the other
31 credits and unused credit carryovers in the order provided in
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 s. 220.02(10).
2 (2) When filing for an enterprise zone jobs credit, a
3 business must file under oath with the governing body or
4 enterprise zone development agency having jurisdiction over
5 the enterprise zone where the business is located, as
6 applicable, a statement which includes:
7 (a) For each new employee for whom this credit is
8 claimed, the employee's name and place of residence during the
9 taxable year, including the identifying number assigned
10 pursuant to s. 290.0065 to the enterprise zone in which the
11 new employee resides if the new employee is a person residing
12 in an enterprise zone, and, if applicable, documentation that
13 the employee is a qualified Job Training Partnership Act
14 classroom training participant or a welfare transition WAGES
15 program participant.
16 (b) If applicable, the name and address of each
17 permanent employee of the business, including, for each
18 employee who is a resident of an enterprise zone, the
19 identifying number assigned pursuant to s. 290.0065 to the
20 enterprise zone in which the employee resides.
21 (c) The name and address of the business.
22 (d) The identifying number assigned pursuant to s.
23 290.0065 to the enterprise zone in which the eligible business
24 is located.
25 (e) The salary or hourly wages paid to each new
26 employee claimed.
27 (f) Whether the business is a small business as
28 defined by s. 288.703(1).
29 Section 60. Subsection (2) and paragraph (k) of
30 subsection (3) of section 230.2305, Florida Statutes, are
31 amended to read:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 230.2305 Prekindergarten early intervention program.--
2 (2) ELIGIBILITY.--There is hereby created the
3 prekindergarten early intervention program for children who
4 are 3 and 4 years of age. A prekindergarten early
5 intervention program shall be administered by a district
6 school board and shall receive state funds pursuant to
7 subsection (6). Each public school district shall make
8 reasonable efforts to accommodate the needs of children for
9 extended day and extended year services without compromising
10 the quality of the 6-hour, 180-day program. The school
11 district shall report on such efforts. School district
12 participation in the prekindergarten early intervention
13 program shall be at the discretion of each school district.
14 (a) At least 75 percent of the children projected to
15 be served by the district program shall be economically
16 disadvantaged 4-year-old children of working parents,
17 including migrant children or children whose parents
18 participate in the welfare transition WAGES program. Other
19 children projected to be served by the district program may
20 include any of the following up to a maximum of 25 percent of
21 the total number of children served:
22 1. Three-year-old and four-year-old children who are
23 referred to the school system who may not be economically
24 disadvantaged but who are abused, prenatally exposed to
25 alcohol or harmful drugs, or from foster homes, or who are
26 marginal in terms of Exceptional Student Education placement.
27 2. Three-year-old children and four-year-old children
28 who may not be economically disadvantaged but who are eligible
29 students with disabilities and served in an exceptional
30 student education program with required special services,
31 aids, or equipment and who are reported for partial funding in
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the K-12 Florida Education Finance Program. These students
2 may be funded from prekindergarten early intervention program
3 funds the portion of the time not funded by the K-12 Florida
4 Education Finance Program for the actual instructional time or
5 one full-time equivalent student membership, whichever is the
6 lesser. These students with disabilities shall be counted
7 toward the 25-percent student limit based on full-time
8 equivalent student membership funded part-time by
9 prekindergarten early intervention program funds. Also,
10 3-year-old or 4-year-old eligible students with disabilities
11 who are reported for funding in the K-12 Florida Education
12 Finance Program in an exceptional student education program as
13 provided in s. 236.081(1)(c) may be mainstreamed in the
14 prekindergarten early intervention program if such programming
15 is reflected in the student's individual educational plan; if
16 required special services, aids, or equipment are provided;
17 and if there is no operational cost to prekindergarten early
18 intervention program funds. Exceptional education students
19 who are reported for maximum K-12 Florida Education Finance
20 Program funding and who are not reported for early
21 intervention funding shall not count against the 75-percent or
22 25-percent student limit as stated in this paragraph.
23 3. Economically disadvantaged 3-year-old children.
24 4. Economically disadvantaged children, children with
25 disabilities, and children at risk of future school failure,
26 from birth to age four, who are served at home through home
27 visitor programs and intensive parent education programs such
28 as the Florida First Start Program.
29 5. Children who meet federal and state requirements
30 for eligibility for the migrant preschool program but who do
31 not meet the criteria of "economically disadvantaged" as
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 defined in paragraph (b), who shall not pay a fee.
2 6. After the groups listed in subparagraphs 1., 2.,
3 3., and 4. have been served, 3-year-old and 4-year-old
4 children who are not economically disadvantaged and for whom a
5 fee is paid for the children's participation.
6 (b) An "economically disadvantaged" child shall be
7 defined as a child eligible to participate in the free lunch
8 program. Notwithstanding any change in a family's economic
9 status or in the federal eligibility requirements for free
10 lunch, a child who meets the eligibility requirements upon
11 initial registration for the program shall be considered
12 eligible until the child reaches kindergarten age. In order
13 to assist the school district in establishing the priority in
14 which children shall be served, and to increase the efficiency
15 in the provision of child care services in each district, the
16 district shall enter into a written collaborative agreement
17 with other publicly funded early education and child care
18 programs within the district. Such agreement shall be
19 facilitated by the interagency coordinating council and shall
20 set forth, among other provisions, the measures to be
21 undertaken to ensure the programs' achievement and compliance
22 with the performance standards established in subsection (3)
23 and for maximizing the public resources available to each
24 program. In addition, the central agency for state-subsidized
25 child care or the local service district of the Department of
26 Children and Family Services shall provide the school district
27 with an updated list of 3-year-old and 4-year-old children
28 residing in the school district who are on the waiting list
29 for state-subsidized child care.
30 (3) STANDARDS.--
31 (k) The school district must coordinate with the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 central agency for state-subsidized child care or the local
2 service district of the Department of Children and Family
3 Services to verify family participation in the welfare
4 transition WAGES program, thus ensuring accurate reporting and
5 full utilization of federal funds available through the Family
6 Support Act, and for the agency's or service district's
7 sharing of the waiting list for state-subsidized child care
8 under paragraph (a).
9 Section 61. Subsections (4) and (5) of section 232.17,
10 Florida Statutes, are amended to read:
11 232.17 Enforcement of school attendance.--The
12 Legislature finds that poor academic performance is associated
13 with nonattendance and that schools must take an active role
14 in enforcing attendance as a means of improving the
15 performance of many students. It is the policy of the state
16 that the superintendent of each school district be responsible
17 for enforcing school attendance of all children and youth
18 subject to the compulsory school age in the school district.
19 The responsibility includes recommending to the school board
20 policies and procedures to ensure that schools respond in a
21 timely manner to every unexcused absence, or absence for which
22 the reason is unknown, of students enrolled in the schools.
23 School board policies must require each parent or guardian of
24 a student to justify each absence of the student, and that
25 justification will be evaluated based on adopted school board
26 policies that define excused and unexcused absences. The
27 policies must provide that schools track excused and unexcused
28 absences and contact the home in the case of an unexcused
29 absence from school, or an absence from school for which the
30 reason is unknown, to prevent the development of patterns of
31 nonattendance. The Legislature finds that early intervention
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 in school attendance matters is the most effective way of
2 producing good attendance habits that will lead to improved
3 student learning and achievement. Each public school shall
4 implement the following steps to enforce regular school
5 attendance:
6 (4) REPORT TO THE DEPARTMENT OF LABOR AND EMPLOYMENT
7 SECURITY DIVISION OF JOBS AND BENEFITS.--A designated school
8 representative shall report to the Division of Jobs and
9 Benefits of the Department of Labor and Employment Security or
10 to any person acting in similar capacity who may be designated
11 by law to receive such notices, all violations of the Child
12 Labor Law that may come to his or her knowledge.
13 (5) RIGHT TO INSPECT.--A designated school
14 representative shall have the same right of access to, and
15 inspection of, establishments where minors may be employed or
16 detained as is given by law to the Department of Labor and
17 Employment Security Division of Jobs and Benefits only for the
18 purpose of ascertaining whether children of compulsory school
19 age are actually employed there and are actually working there
20 regularly. The designated school representative shall, if he
21 or she finds unsatisfactory working conditions or violations
22 of the Child Labor Law, report his or her findings to the
23 Department of Labor and Employment Security Division of Jobs
24 and Benefits or its agents.
25 Section 62. Paragraph (g) of subsection (1) of section
26 234.01, Florida Statutes, is amended to read:
27 234.01 Purpose; transportation; when provided.--
28 (1) School boards, after considering recommendations
29 of the superintendent:
30 (g) May provide transportation for welfare transition
31 WAGES program participants as defined in s. 414.0252.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 63. Paragraph (b) of subsection (1) of section
2 234.211, Florida Statutes, is amended to read:
3 234.211 Use of school buses for public purposes.--
4 (1)
5 (b) Each school district may enter into agreements
6 with regional workforce boards local WAGES coalitions for the
7 provision of transportation services to WAGES program
8 participants in the welfare transition program as defined in
9 s. 414.0252. Agreements must provide for reimbursement in full
10 or in part for the proportionate share of fixed and operating
11 costs incurred by the school district attributable to the use
12 of buses in accordance with the agreement.
13 Section 64. Subsection (15) of section 239.105,
14 Florida Statutes, is amended to read:
15 239.105 Definitions.--As used in this chapter, the
16 term:
17 (15) "Degree vocational education program" means a
18 course of study that leads to an associate in applied science
19 degree or an associate in science degree. A degree vocational
20 education program may contain within it one or more
21 occupational completion points and may lead to certificates or
22 diplomas within the course of study. The term is
23 interchangeable with the term "degree career education
24 program." For licensure purposes, the term "associate in
25 science degree" is interchangeable with "associate in applied
26 science degree."
27 Section 65. Paragraph (c) of subsection (4) and
28 subsections (7) and (9) of section 239.115, Florida Statutes,
29 are amended to read:
30 239.115 Funds for operation of adult general education
31 and vocational education programs.--
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (4) The Florida Workforce Development Education Fund
2 is created to provide performance-based funding for all
3 workforce development programs, whether the programs are
4 offered by a school district or a community college. Funding
5 for all workforce development education programs must be from
6 the Workforce Development Education Fund and must be based on
7 cost categories, performance output measures, and performance
8 outcome measures. This subsection takes effect July 1, 1999.
9 (c) The performance outcome measures for programs
10 funded through the Workforce Development Education Fund are
11 associated with placement and retention of students after
12 reaching a completion point or completing a program of study.
13 These measures include placement or retention in employment
14 that is related to the program of study; placement into or
15 retention in employment in an occupation on the Workforce
16 Estimating Occupational Forecasting Conference list of
17 high-wage, high-skill occupations with sufficient openings, or
18 other High Wage/High Skill Program occupations as determined
19 by Workforce Florida, Inc.; and placement and retention of
20 participants WAGES clients or former participants in the
21 welfare transition program WAGES clients in employment.
22 Continuing postsecondary education at a level that will
23 further enhance employment is a performance outcome for adult
24 general education programs. Placement and retention must be
25 reported pursuant to ss. 229.8075 and 239.233.
26 (7)(a) Beginning in fiscal year 1999-2000, a school
27 district or a community college that provides workforce
28 development education funded through the Workforce Development
29 Education Fund shall receive funds in accordance with
30 distributions for base and performance funding established by
31 the Legislature in the General Appropriations Act, pursuant to
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the following conditions:
2 1.(a) Base funding shall not exceed 85 percent of the
3 current fiscal year total Workforce Development Education Fund
4 allocation, which shall be distributed by the Legislature in
5 the General Appropriations Act based on a maximum of 85
6 percent of the institution's prior year total allocation from
7 base and performance funds.
8 2.(b) Performance funding shall be at least 15 percent
9 of the current fiscal year total Workforce Development
10 Education Fund allocation, which shall be distributed by the
11 Legislature in the General Appropriations Act based on the
12 previous fiscal year's achievement of output and outcomes in
13 accordance with formulas adopted pursuant to subsection (9).
14 Performance funding must incorporate payments for at least
15 three levels of placements that reflect wages and workforce
16 demand. Payments for completions must not exceed 60 percent of
17 the payments for placement. For fiscal year 1999-2000, school
18 districts and community colleges shall be awarded funds
19 pursuant to this paragraph based on performance output data
20 generated for fiscal year 1998-1999 and performance outcome
21 data available in that year.
22 3.(c) If a local educational agency achieves a level
23 of performance sufficient to generate a full allocation as
24 authorized by the workforce development funding formula, the
25 agency may earn performance incentive funds as appropriated
26 for that purpose in a General Appropriations Act. If
27 performance incentive funds are funded and awarded, these
28 funds must be added to the local educational agency's prior
29 year total allocation from the Workforce Development Education
30 Fund and shall be used to calculate the following year's base
31 funding.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (b) A program is established to assist school
2 districts and community colleges in responding to the needs of
3 new and expanding businesses and thereby strengthening the
4 state's workforce and economy. The program may be funded in
5 the General Appropriations Act. A school district or community
6 college may expend funds under the program without regard to
7 performance criteria set forth in subparagraph (a)2. The
8 district or community college shall use the program to provide
9 customized training for businesses which satisfies the
10 requirements of s. 288.047. Business firms whose employees
11 receive the customized training must provide 50 percent of the
12 cost of the training. Balances remaining in the program at the
13 end of the fiscal year shall not revert to the general fund,
14 but shall be carried over for 1 additional year and used for
15 the purpose of serving incumbent worker training needs of area
16 businesses with fewer than 100 employees. Priority shall be
17 given to businesses that must increase or upgrade their use of
18 technology to remain competitive.
19 (9) The Department of Education, the State Board of
20 Community Colleges, and Workforce Florida, Inc., the Jobs and
21 Education Partnership shall provide the Legislature with
22 recommended formulas, criteria, timeframes, and mechanisms for
23 distributing performance funds. The commissioner shall
24 consolidate the recommendations and develop a consensus
25 proposal for funding. The Legislature shall adopt a formula
26 and distribute the performance funds to the Division of
27 Community Colleges and the Division of Workforce Development
28 through the General Appropriations Act. These recommendations
29 shall be based on formulas that would discourage
30 low-performing or low-demand programs and encourage through
31 performance-funding awards:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (a) Programs that prepare people to enter high-wage
2 occupations identified by the Workforce Estimating
3 Occupational Forecasting Conference created by s. 216.136 and
4 other programs as approved by Workforce Florida, Inc the Jobs
5 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 (b) Programs that successfully prepare adults who are
10 eligible for public assistance, economically disadvantaged,
11 disabled, not proficient in English, or dislocated workers for
12 high-wage occupations. At a minimum, performance incentives
13 shall be calculated at an enhanced value for the completion of
14 adults identified in this paragraph and job placement of such
15 adults upon completion. In addition, adjustments may be made
16 in payments for job placements for areas of high unemployment.
17 (c) Programs that are specifically designed to be
18 consistent with the workforce needs of private enterprise and
19 regional economic development strategies, as defined in
20 guidelines set by Workforce Florida, Inc. Workforce Florida,
21 Inc., shall develop guidelines to identify such needs and
22 strategies based on localized research of private employers
23 and economic development practitioners.
24 (d)(c) Programs identified by Workforce Florida, Inc.,
25 the Jobs and Education Partnership as increasing the
26 effectiveness and cost efficiency of education.
27 Section 66. Paragraph (d) of subsection (4) of section
28 239.117, Florida Statutes, is amended to read:
29 239.117 Workforce development postsecondary student
30 fees.--
31 (4) The following students are exempt from the payment
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 of registration, matriculation, and laboratory fees:
2 (d) A student enrolled in an employment and training
3 program under the welfare transition WAGES program. The
4 regional workforce board local WAGES coalition shall pay the
5 community college or school district for costs incurred for
6 welfare transition program participants WAGES clients.
7 Section 67. Paragraph (c) of subsection (2) of section
8 239.229, Florida Statutes, is amended to read:
9 239.229 Vocational standards.--
10 (2)
11 (c) Department of Education accountability for career
12 education includes, but is not limited to:
13 1. The provision of timely, accurate technical
14 assistance to school districts and community colleges.
15 2. The provision of timely, accurate information to
16 the State Board for Career Education, the Legislature, and the
17 public.
18 3. The development of policies, rules, and procedures
19 that facilitate institutional attainment of the accountability
20 standards and coordinate the efforts of all divisions within
21 the department.
22 4. The development of program standards and
23 industry-driven benchmarks for vocational, adult, and
24 community education programs, which must be updated every 3
25 years. The standards must include technical, academic, and
26 workplace skills; viability of distance learning for
27 instruction; and work/learn cycles that are responsive to
28 business and industry.
29 5. Overseeing school district and community college
30 compliance with the provisions of this chapter.
31 6. Ensuring that the educational outcomes for the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 technical component of workforce development programs and
2 secondary vocational job-preparatory programs are uniform and
3 designed to provide a graduate of high quality who is capable
4 of entering the workforce on an equally competitive basis
5 regardless of the institution of choice.
6 7. No school board or public school shall require a
7 student to participate in any school-to-work or job training
8 program. A school board or school shall not require a student
9 to meet occupational standards for grade level promotion or
10 graduation unless the student is voluntarily enrolled in a job
11 training program.
12 Section 68. Paragraph (a) of subsection (3) and
13 paragraph (e) of subsection (4) of section 239.301, Florida
14 Statutes, are amended to read:
15 239.301 Adult general education.--
16 (3)(a) Each school board or community college board of
17 trustees shall negotiate with the regional workforce board
18 local personnel of the Department of Children and Family
19 Services for basic and functional literacy skills assessments
20 for participants in the welfare transition employment and
21 training programs under the WAGES Program. Such assessments
22 shall be conducted at a site mutually acceptable to the school
23 board or community college board of trustees and the regional
24 workforce board Department of Children and Family Services.
25 (4)
26 (e) A district school board or a community college
27 board of trustees may negotiate a contract with the regional
28 workforce board local WAGES coalition for specialized services
29 for participants in the welfare transition program WAGES
30 clients, beyond what is routinely provided for the general
31 public, to be funded by the regional workforce board WAGES
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 coalition pursuant to s. 414.065.
2 Section 69. Subsection (3) of section 239.514, Florida
3 Statutes, is amended to read:
4 239.514 Workforce Development Capitalization Incentive
5 Grant Program.--The Legislature recognizes that the need for
6 school districts and community colleges to be able to respond
7 to emerging local or statewide economic development needs is
8 critical to the workforce development system. The Workforce
9 Development Capitalization Incentive Grant Program is created
10 to provide grants to school districts and community colleges
11 on a competitive basis to fund some or all of the costs
12 associated with the creation or expansion of workforce
13 development programs that serve specific employment workforce
14 needs.
15 (3) The commission shall give highest priority to
16 programs that train people to enter high-skill, high-wage
17 occupations identified by the Workforce Estimating
18 occupational forecasting Conference and other programs
19 approved by Workforce Florida, Inc. the Jobs and Education
20 Partnership; programs that train people to enter occupations
21 under the welfare transition program on the WAGES list; or
22 programs that train for the workforce adults who are eligible
23 for public assistance, economically disadvantaged, disabled,
24 not proficient in English, or dislocated workers. The
25 commission shall consider the statewide geographic dispersion
26 of grant funds in ranking the applications and shall give
27 priority to applications from education agencies that are
28 making maximum use of their workforce development funding by
29 offering high-performing, high-demand programs.
30 Section 70. Paragraph (b) of subsection (5) of section
31 240.209, Florida Statutes, is amended to read:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 240.209 Board of Regents; powers and duties.--
2 (5) The Board of Regents is responsible for:
3 (b) Coordinating with the Postsecondary Education
4 Planning Commission the programs, including doctoral programs,
5 to be reviewed every 5 years or whenever the board determines
6 that the effectiveness or efficiency of a program is
7 jeopardized. The board shall define the indicators of quality
8 and the criteria for program review for every program. Such
9 indicators shall include need, student demand, industry-driven
10 competencies for advanced technology and related programs, and
11 resources available to support continuation. The results of
12 the program reviews shall be tied to the university budget
13 requests.
14 Section 71. Section 240.312, Florida Statutes, is
15 amended to read:
16 240.312 Community colleges; program review.--Program
17 reviews for the community college system shall be coordinated
18 with the Postsecondary Education Planning Commission every
19 year. Every major program shall be reviewed every 5 years or
20 whenever the effectiveness or efficiency of a program is
21 jeopardized, except that certificate career education programs
22 and programs leading to an associate in science degree shall
23 be reviewed every 3 years. Indicators of quality and criteria
24 for the program reviews shall be defined. The results of
25 these program reviews shall be tied to the budget request for
26 the community college system.
27 Section 72. Subsection (3) of section 240.35, Florida
28 Statutes, is amended to read:
29 240.35 Student fees.--Unless otherwise provided, the
30 provisions of this section apply only to fees charged for
31 college credit instruction leading to an associate in arts
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 degree, an associate in applied science degree, or an
2 associate in science degree and noncollege credit
3 college-preparatory courses defined in s. 239.105.
4 (3) Students enrolled in dual enrollment and early
5 admission programs under s. 240.116 and students enrolled in
6 employment and training programs under the welfare transition
7 WAGES program are exempt from the payment of registration,
8 matriculation, and laboratory fees; however, such students may
9 not be included within calculations of fee-waived enrollments.
10 The regional workforce board local WAGES coalition shall pay
11 the community college for costs incurred by that WAGES
12 participant related to that person's classes or program. Other
13 fee-exempt instruction provided under this subsection
14 generates an additional one-fourth full-time equivalent
15 enrollment.
16 Section 73. Paragraph (a) of subsection (1) of section
17 240.40207, Florida Statutes, is amended to read:
18 240.40207 Florida Gold Seal Vocational Scholars
19 award.--The Florida Gold Seal Vocational Scholars award is
20 created within the Florida Bright Futures Scholarship Program
21 to recognize and reward academic achievement and vocational
22 preparation by high school students who wish to continue their
23 education.
24 (1) A student is eligible for a Florida Gold Seal
25 Vocational Scholars award if the student meets the general
26 eligibility requirements for the Florida Bright Futures
27 Scholarship Program and the student:
28 (a) Completes the secondary school portion of a
29 sequential program of studies that requires at least three
30 secondary school vocational credits taken over at least 2
31 academic years, and is continued in a planned, related
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 postsecondary education program. If the student's school does
2 not offer such a two-plus-two or tech-prep program, the
3 student must complete a job-preparatory career education
4 program selected by the Workforce Estimating Occupational
5 Forecasting Conference or the Workforce Florida, Inc.,
6 Development Board of Enterprise Florida for its ability to
7 provide high-wage employment in an occupation with high
8 potential for employment opportunities. On-the-job training
9 may not be substituted for any of the three required
10 vocational credits.
11 Section 74. Section 240.40685, Florida Statutes, is
12 amended to read:
13 240.40685 Certified Education Paraprofessional Welfare
14 Transition Program.--
15 (1) There is created the Certified Education
16 Paraprofessional Welfare Transition Program to provide
17 education and employment for recipients of public assistance
18 who are certified to work in schools that, because of the high
19 proportion of economically disadvantaged children enrolled,
20 are at risk of poor performance on traditional measures of
21 achievement. The program is designed to enable such schools
22 to increase the number of adults working with the school
23 children. However, the increase in personnel working at
24 certain schools is intended to supplement and not to supplant
25 the school staff and should not affect current school board
26 employment and staffing policies, including those contained in
27 collective bargaining agreements. The program is intended to
28 be supported by local, state, and federal program funds for
29 which the participants may be eligible. Further, the program
30 is designed to provide its participants not only with
31 entry-level employment but also with a marketable credential,
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 a career option, and encouragement to advance.
2 (2) The Commissioner of Education, the Executive
3 Director of the State Board of Community Colleges, the
4 secretary of the Department of Children and Family Services,
5 and the director of the Agency for Workforce Innovation
6 Secretary of Labor and Employment Security have joint
7 responsibility for planning and conducting the program.
8 (3) The agencies responsible may make recommendations
9 to the State Board of Education and the Legislature if they
10 find that implementation or operation of the program would
11 benefit from the adoption or waiver of state or federal
12 policy, rule, or law, including recommendations regarding
13 program budgeting.
14 (4) The agencies shall complete an implementation plan
15 that addresses at least the following recommended components
16 of the program:
17 (a) A method of selecting participants. The method
18 must not duplicate services provided by those assigned to
19 screen participants of the welfare transition WAGES program,
20 but must assure that screening personnel are trained to
21 identify recipients of public assistance whose personal
22 aptitudes and motivation make them most likely to succeed in
23 the program and advance in a career related to the school
24 community.
25 (b) A budget for use of incentive funding to provide
26 motivation to participants to succeed and excel. The budget
27 for incentive funding includes:
28 1. Funds allocated by the Legislature directly for the
29 program.
30 2. Funds that may be made available from the federal
31 Workforce Investment Job Training Partnership Act based on
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 client eligibility or requested waivers to make the clients
2 eligible.
3 3. Funds made available by implementation strategies
4 that would make maximum use of work supplementation funds
5 authorized by federal law.
6 4. Funds authorized by strategies to lengthen
7 participants' eligibility for federal programs such as
8 Medicaid, subsidized child care, and transportation.
9
10 Incentives may include a stipend during periods of college
11 classroom training, a bonus and recognition for a high
12 grade-point average, child care and prekindergarten services
13 for children of participants, and services to increase a
14 participant's ability to advance to higher levels of
15 employment. Nonfinancial incentives should include providing a
16 mentor or tutor, and service incentives should continue and
17 increase for any participant who plans to complete the
18 baccalaureate degree and become a certified teacher. Services
19 may be provided in accordance with family choice by community
20 colleges and school district technical centers, through family
21 service centers and full-service schools, or under contract
22 with providers through central agencies.
23 (5) The agencies shall select Department of Children
24 and Family Services districts to participate in the program. A
25 district that wishes to participate must demonstrate that a
26 district school board, a community college board of trustees,
27 an economic services program administrator, and a regional
28 workforce board private industry council are willing to
29 coordinate to provide the educational program, support
30 services, employment opportunities, and incentives required to
31 fulfill the intent of this section.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (6)(a) A community college or school district
2 technical center is eligible to participate if it provides a
3 technical certificate program in Child Development Early
4 Intervention as approved by Workforce Florida, Inc., the Jobs
5 and Education Partnership and it is participating in the
6 Performance Based Incentive Funding program authorized in s.
7 239.249. Priority programs provide an option and incentives
8 to articulate with an associate in science degree program or a
9 baccalaureate degree program.
10 (b) A participating educational agency may earn funds
11 appropriated for performance-based incentive funding for
12 successful outcomes of enrollment and placement of recipients
13 of public assistance who are in the program. In addition, an
14 educational agency is eligible for an incentive award
15 determined by Workforce Florida, Inc., the Jobs and Education
16 Partnership for each recipient of public assistance who
17 successfully completes a program leading to the award of a
18 General Education Development credential.
19 (c) Historically black colleges or universities that
20 have established programs that serve participants in the
21 welfare transition of the WAGES program are eligible to
22 participate in the Performance Based Incentive Funding Program
23 and may earn an incentive award determined by Workforce
24 Florida, Inc., the Jobs and Education Partnership for
25 successful placement of program completers in jobs as
26 education paraprofessionals in at-risk schools.
27 (7)(a) A participating school district shall identify
28 at-risk schools in which the program participants will work
29 during the practicum part of their education. For purposes of
30 this act, an at-risk school is a school with grades K-3 in
31 which 50 percent or more of the students enrolled at the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 school are eligible for free lunches or reduced-price lunches.
2 Priority schools are schools whose service zones include the
3 participants' own communities.
4 (b) A participating school district may use funds
5 appropriated by the Legislature from Job Training Partnership
6 Act service delivery area allotments to provide at least 6
7 months of on-the-job training to participants in the Certified
8 Education Paraprofessional Welfare Transition Program.
9 Participating school districts may also use funds provided by
10 grant diversion of funds from the welfare transition WAGES
11 program for the participants during the practicum portion of
12 their training to earn the certificate required for their
13 employment.
14 (8) The agencies shall give priority for funding to
15 those programs that provide maximum security for the
16 long-range employment and career opportunities of the program
17 participants. Security is enhanced if employment is provided
18 through a governmental or nongovernmental agency other than
19 the school board, or if the plans assure in another way that
20 the participants will supplement, rather than supplant, the
21 workforce available to the school board. It is the intent of
22 the Legislature that, when a program participant succeeds in
23 becoming a certified education paraprofessional after working
24 successfully in a school during the practicum or on-the-job
25 training supported by the program, the participant shall have
26 the opportunity to continue in full-time employment at the
27 school that provided the training or at another school in the
28 district.
29 Section 75. Subsection (2) of section 240.61, Florida
30 Statutes, is amended to read:
31 240.61 College reach-out program.--
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (2) In developing the definition for "low-income
2 educationally disadvantaged student," the State Board of
3 Education shall include such factors as: the family's taxable
4 income; family receipt of temporary cash assistance under the
5 WAGES Program in the preceding year; family receipt of public
6 assistance in the preceding year; the student's cumulative
7 grade point average; the student's promotion and attendance
8 patterns; the student's performance on state standardized
9 tests; the student's enrollment in mathematics and science
10 courses; and the student's participation in a dropout
11 prevention program.
12 Section 76. Section 246.50, Florida Statutes, is
13 amended to read:
14 246.50 Certified Teacher-Aide Welfare Transition
15 Program; participation by independent postsecondary
16 schools.--An independent postsecondary school may participate
17 in the Certified Teacher-Aide Welfare Transition Program and
18 may receive incentives for successful performance from the
19 Performance Based Incentive Funding Program if:
20 (1) The school is accredited by the Southern
21 Association of Colleges and Schools and licensed by the State
22 Board of Nonpublic Career Education;
23 (2) The school serves recipients of temporary cash
24 assistance under the WAGES Program in a certified teacher-aide
25 program;
26 (3) A participating school district recommends the
27 school to Workforce Florida, Inc. the Jobs and Education
28 Partnership; and
29 (4) Workforce Florida, Inc., The Jobs and Education
30 Partnership approves.
31 Section 77. Section 288.046, Florida Statutes, is
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 amended to read:
2 288.046 Quick-response training; legislative
3 intent.--The Legislature recognizes the importance of
4 providing a skilled workforce for attracting new industries
5 and retaining and expanding existing businesses and industries
6 in this state. It is the intent of the Legislature that a
7 program exist to meet the short-term, immediate,
8 workforce-skill needs of such businesses and industries. It
9 is further the intent of the Legislature that funds provided
10 for the purposes of s. 288.047 be expended on businesses and
11 industries that support the state's economic development
12 goals, particularly high value-added businesses in Florida's
13 Targeted Industrial Clusters or businesses that locate in and
14 provide jobs in the state's distressed urban and rural areas,
15 and that instruction funded pursuant to s. 288.047 lead to
16 permanent, quality employment opportunities.
17 Section 78. Section 288.047, Florida Statutes, is
18 amended to read:
19 288.047 Quick-response training for economic
20 development.--
21 (1) The Quick-Response Training Program is created to
22 meet the workforce-skill needs of existing, new, and expanding
23 industries. The program shall be administered by Workforce
24 Enterprise Florida, Inc., in conjunction with Enterprise
25 Florida, Inc., and the Department of Education. Workforce
26 Enterprise Florida, Inc., shall adopt guidelines for the
27 administration of this program. Workforce Enterprise Florida,
28 Inc., shall provide technical services and shall identify
29 businesses that seek services through the program. Workforce
30 Florida, Inc. may contract with Enterprise Florida, Inc., or
31 administer this program directly, if it is determined that
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 such an arrangement maximizes the amount of the Quick Response
2 grant going to direct services. The Department of Education
3 shall provide services related to the development and
4 implementation of instructional programs.
5 (2)(a) A Quick-Response Advisory Committee, composed
6 of the director of the Division of Workforce Development of
7 the Department of Education; the director of the Division of
8 Community Colleges of the Department of Education; and the
9 director of the Division of Jobs and Benefits of the
10 Department of Labor and Employment Security, or their
11 respective designees, and four private sector members, shall
12 review training funded through this program and shall provide
13 policy advice to Enterprise Florida, Inc., in the
14 implementation of this program. The committee shall elect a
15 chair from among its members. Members of the committee may
16 receive reimbursement for per diem and travel expenses as
17 provided in s. 112.061.
18 (b) The four private sector members appointed to the
19 Quick-Response Advisory Committee must be selected from a
20 slate of nominees submitted by the board of directors of
21 Enterprise Florida, Inc. The president of Enterprise Florida,
22 Inc., shall appoint private sector members from this slate for
23 terms of 4 years, except that in making the initial
24 appointments, the president shall appoint members for
25 staggered terms, one for 1 year, 2 years, 3 years, and 4
26 years, respectively. To the maximum extent possible, the
27 president shall select private sector members who are
28 representative of diverse industries and regions of the state.
29 The importance of minority representation must be considered
30 when making appointments for each private sector position.
31 Private sector members may be removed for cause. Absence from
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 three consecutive meetings results in the automatic removal of
2 a private sector member.
3 (c) The Quick-Response Advisory Committee shall meet
4 at the call of its chair, at the request of a majority of the
5 membership, at the request of Enterprise Florida, Inc., or at
6 times prescribed by its rules. The committee shall serve to
7 advise Enterprise Florida, Inc., regarding the administration
8 of the Quick-Response Training Program.
9 (2)(3) Workforce Enterprise Florida, Inc., shall
10 ensure that instruction funded pursuant to this section is not
11 available through the local community college or, school
12 district, or private industry council and that the instruction
13 promotes economic development by providing specialized
14 training entry-level skills to new workers or retraining for
15 supplemental skills to current employees to meet changing
16 skill requirements caused by new technology or new product
17 lines and to prevent potential layoffs whose job descriptions
18 are changing. Such funds may not be expended to subsidize the
19 ongoing staff development program of any business or industry
20 or to provide training for instruction related to retail
21 businesses or to reimburse businesses for trainee wages. Funds
22 made available pursuant to this section may not be expended in
23 connection with the relocation of a business from one
24 community to another community in this state unless Workforce
25 Enterprise Florida, Inc., determines that without such
26 relocation the business will move outside this state or
27 determines that the business has a compelling economic
28 rationale for the relocation which creates additional jobs.
29 (3)(4) Requests for funding through the Quick-Response
30 Training Program may be produced through inquiries from a
31 specific business or industry, inquiries from a school
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 district director of career education or community college
2 occupational dean on behalf of a business or industry, or
3 through official state or local economic development efforts.
4 In allocating funds for the purposes of the program, Workforce
5 Enterprise Florida, Inc., shall establish criteria for
6 approval of requests for funding and shall select the entity
7 that provides the most efficient, cost-effective instruction
8 meeting such criteria. Program funds may be allocated to any
9 area technical center, community college, or state university.
10 Program funds may be allocated to private postsecondary
11 institutions only upon a review that includes, but is not
12 limited to, accreditation and licensure documentation and
13 prior approval by Workforce Florida, Inc. a majority of the
14 advisory committee. Instruction funded through the program
15 must terminate when participants demonstrate competence at the
16 level specified in the request; however, the grant term
17 instruction may not exceed 24 18 months. Costs and
18 expenditures for the Quick-Response Training Program must be
19 documented and separated from those incurred by the training
20 provider.
21 (4)(5) For the first 6 months of each fiscal year,
22 Workforce Enterprise Florida, Inc., shall set aside 30 percent
23 of the amount appropriated for the Quick-Response Training
24 Program by the Legislature to fund instructional programs for
25 businesses located in an enterprise zone or brownfield area to
26 instruct residents of an enterprise zone. Any unencumbered
27 funds remaining undisbursed from this set-aside at the end of
28 the 6-month period may be used to provide funding for any
29 program qualifying for funding pursuant to this section.
30 (5)(6) Prior to the allocation of funds for any
31 request pursuant to this section, Workforce Enterprise
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Florida, Inc., shall prepare a grant agreement between the
2 business or industry requesting funds, the educational
3 institution receiving funding through the program, and
4 Workforce Enterprise Florida, Inc. Such agreement must
5 include, but is not limited to:
6 (a) An identification of the facility in which the
7 instruction will be conducted and the respective
8 responsibilities of the parties for paying costs associated
9 with facility use.
10 (b) An identification of the equipment necessary to
11 conduct the program, the respective responsibilities of the
12 parties for paying costs associated with equipment purchase,
13 maintenance, and repair, as well as an identification of which
14 party owns the equipment upon completion of the instruction.
15 (a)(c) An identification of the personnel necessary to
16 conduct the instructional program, the qualifications of such
17 personnel, and the respective responsibilities of the parties
18 for paying costs associated with the employment of such
19 personnel.
20 (b)(d) An identification of the estimated length of
21 the instructional program. Such program may not exceed 12
22 months of full-time instruction or 18 months of total
23 instruction.
24 (c) An identification of all direct, training-related
25 costs, including tuition and fees, curriculum development,
26 books and classroom materials, and overhead or indirect costs,
27 not to exceed 5 percent of the grant amount.
28 (d)(e) An identification of special program
29 requirements that are not addressed otherwise in the
30 agreement.
31 (e)(f) Permission to access information specific to
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the wages and performance of participants upon the completion
2 of instruction for evaluation purposes. Information which, if
3 released, would disclose the identity of the person to whom
4 the information pertains or disclose the identity of the
5 person's employer is confidential and exempt from the
6 provisions of s. 119.07(1). The agreement must specify that
7 any evaluations published subsequent to the instruction may
8 not identify the employer or any individual participant.
9 (6)(7) For the purposes of this section, Workforce
10 Enterprise Florida, Inc., may accept grants of money,
11 materials, services, or property of any kind from any agency,
12 corporation, or individual.
13 (8) Enterprise Florida, Inc., may procure equipment as
14 necessary to meet the purposes of this section. Title to and
15 control of such equipment is vested in the Department of
16 Education. Upon the conclusion of instruction, the Department
17 of Education may transfer title to the district school board,
18 community college district board of trustees, or Board of
19 Regents on behalf of a specific state university, where the
20 equipment is physically located. The department may also
21 lease such equipment to the district school board, community
22 college district board of trustees, or Board of Regents for a
23 maximum of 1 year. Such lease may provide for automatic
24 renewal. Either party to a lease has the right to cancel the
25 lease upon a 60-day notice in writing. Any equipment for which
26 no title transfer or lease exists must be returned to a
27 warehouse reserve and be available for use by an instructional
28 program in any area of the state.
29 (7)(9) In providing instruction pursuant to this
30 section, materials that relate to methods of manufacture or
31 production, potential trade secrets, business transactions, or
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 proprietary information received, produced, ascertained, or
2 discovered by employees of the respective departments,
3 district school boards, community college district boards of
4 trustees, or other personnel employed for the purposes of this
5 section is confidential and exempt from the provisions of s.
6 119.07(1). The state may seek copyright protection for all
7 instructional materials and ancillary written documents
8 developed wholly or partially with state funds as a result of
9 instruction provided pursuant to this section, except for
10 materials that are confidential and exempt from the provisions
11 of s. 119.07(1).
12 (8)(10) There is created a Quick-Response Training
13 Program for Work and Gain Economic Self-sufficiency (WAGES)
14 participants in the welfare transition program. Workforce
15 Enterprise Florida, Inc., may, at the discretion of the State
16 WAGES Emergency Response Team, award quick-response training
17 grants and develop applicable guidelines for the training of
18 participants in the welfare transition WAGES program. In
19 addition to a local economic development organization, grants
20 must be endorsed by the applicable local WAGES coalition and
21 regional workforce development board.
22 (a) Training funded pursuant to this subsection may
23 not exceed 12 months, and may be provided by the local
24 community college, school district, regional workforce
25 development board, or the business employing the participant,
26 including on-the-job training. Training will provide
27 entry-level skills to new workers, including those employed in
28 retail, who are participants in the welfare transition WAGES
29 program.
30 (b) WAGES Participants trained pursuant to this
31 subsection must be employed at a wage not less than $6 $6.00
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 per hour.
2 (c) Funds made available pursuant to this subsection
3 may be expended in connection with the relocation of a
4 business from one community to another community if approved
5 by Workforce Florida, Inc. the State WAGES Emergency Response
6 Team.
7 (9) Notwithstanding any other provision of law,
8 eligible matching contributions received under the
9 Quick-Response Training Program under this section may be
10 counted toward the private-sector support of Enterprise
11 Florida, Inc., under s. 288.90151(5)(d).
12 (10) Workforce Florida, Inc., and Enterprise Florida,
13 Inc., shall ensure maximum coordination and cooperation in
14 administering this section, in such a manner that any division
15 of responsibility between the two organizations which relates
16 to marketing or administering the Quick-Response Training
17 Program is not apparent to a business that inquires about or
18 applies for funding under this section. The organizations
19 shall provide such a business with a single point of contact
20 for information and assistance.
21 Section 79. Subsection (7) of section 288.0656,
22 Florida Statutes, is amended to read:
23 288.0656 Rural Economic Development Initiative.--
24 (7) REDI may recommend to the Governor up to three
25 rural areas of critical economic concern. A rural area of
26 critical economic concern must be a rural community, or a
27 region composed of such, that has been adversely affected by
28 an extraordinary economic event or a natural disaster or that
29 presents a unique economic development opportunity of regional
30 impact that will create more than 1,000 jobs over a 5-year
31 period. The Governor may by executive order designate up to
209
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 three rural areas of critical economic concern which will
2 establish these areas as priority assignments for REDI as well
3 as to allow the Governor, acting through REDI, to waive
4 criteria, requirements, or similar provisions of any economic
5 development incentive. Such incentives shall include, but not
6 be limited to: the Qualified Target Industry Tax Refund
7 Program under s. 288.106, the Quick Response Training Program
8 under s. 288.047, the WAGES Quick Response Training Program
9 for participants in the welfare transition program under s.
10 288.047(8) s. 288.047(10), transportation projects under s.
11 288.063, the brownfield redevelopment bonus refund under s.
12 288.107, and the rural job tax credit program under ss.
13 212.098 and 220.1895. Designation as a rural area of critical
14 economic concern under this subsection shall be contingent
15 upon the execution of a memorandum of agreement among the
16 Office of Tourism, Trade, and Economic Development; the
17 governing body of the county; and the governing bodies of any
18 municipalities to be included within a rural area of critical
19 economic concern. Such agreement shall specify the terms and
20 conditions of the designation, including, but not limited to,
21 the duties and responsibilities of the county and any
22 participating municipalities to take actions designed to
23 facilitate the retention and expansion of existing businesses
24 in the area, as well as the recruitment of new businesses to
25 the area.
26 Section 80. Paragraph (f) of subsection (3) of section
27 288.901, Florida Statutes, is amended to read:
28 288.901 Enterprise Florida, Inc.; creation;
29 membership; organization; meetings; disclosure.--
30 (3) Enterprise Florida, Inc., shall be governed by a
31 board of directors. The board of directors shall consist of
210
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the following members:
2 (f) The chairperson of the board of directors of the
3 Workforce Florida, Inc. Development Board.
4 Section 81. Paragraph (i) of subsection (1) of section
5 288.904, Florida Statutes, is amended to read:
6 288.904 Powers of the board of directors of Enterprise
7 Florida, Inc.--
8 (1) The board of directors of Enterprise Florida,
9 Inc., shall have the power to:
10 (i) Use the state seal, notwithstanding the provisions
11 of s. 15.03, when appropriate, to establish that Enterprise
12 Florida, Inc., is the principal economic, workforce, and trade
13 development organization for the state, and for other standard
14 corporate identity applications. Use of the state seal is not
15 to replace use of a corporate seal as provided in this
16 section.
17 Section 82. Subsections (1) and (3) of section
18 288.905, Florida Statutes, are amended to read:
19 288.905 Duties of the board of directors of Enterprise
20 Florida, Inc.--
21 (1) In the performance of its functions and duties,
22 the board of directors may establish, implement, and manage
23 policies, strategies, and programs for Enterprise Florida,
24 Inc., and its boards. These policies, strategies, and programs
25 shall promote business formation, expansion, recruitment, and
26 retention through aggressive marketing and; international
27 development and export assistance; and workforce development,
28 which together lead to more and better jobs with higher wages
29 for all geographic regions and communities of the state,
30 including rural areas and urban core areas, and for all
31 residents, including minorities. In developing such policies,
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 strategies, and programs, the board of directors shall solicit
2 advice from and consider the recommendations of its boards,
3 any advisory committees or similar groups created by
4 Enterprise Florida, Inc., and local and regional partners.
5 (3)(a) The strategic plan required under this section
6 shall include, but is not limited to, strategies for the
7 promotion of business formation, expansion, recruitment, and
8 retention through aggressive marketing, international
9 development, and export assistance, and workforce development
10 programs which lead to more and better jobs and higher wages
11 for all geographic regions and disadvantaged communities and
12 populations of the state, including rural areas, minority
13 businesses, and urban core areas. Further, the strategic plan
14 shall give consideration to the economic diversity of the
15 state and its regions and their associated industrial clusters
16 and develop realistic policies and programs to further their
17 development.
18 (b)1. The strategic plan required under this section
19 shall include specific provisions for the stimulation of
20 economic development and job creation in rural areas and
21 midsize cities and counties of the state.
22 2. Enterprise Florida, Inc., shall involve local
23 governments, local and regional economic development
24 organizations, and other local, state, and federal economic,
25 international, and workforce development entities, both public
26 and private, in developing and carrying out policies,
27 strategies, and programs, seeking to partner and collaborate
28 to produce enhanced public benefit at a lesser cost.
29 3. Enterprise Florida, Inc., shall involve rural,
30 urban, small-business, and minority-business development
31 agencies and organizations, both public and private, in
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 developing and carrying out policies, strategies, and
2 programs.
3 (c) The strategic plan required under this section
4 shall include the creation of workforce training programs that
5 lead to better employment opportunities and higher wages.
6 (c)(d) The strategic plan required under this section
7 shall include the promotion of the successful long-term
8 economic development of the state with increased emphasis in
9 market research and information to local economic development
10 entities and generation of foreign investment in the state
11 that creates jobs with above-average wages,
12 internationalization of this state, with strong emphasis in
13 reverse investment that creates high wage jobs for the state
14 and its many regions, including programs that establish viable
15 overseas markets, generate foreign investment, assist in
16 meeting the financing requirements of export-ready firms,
17 broaden opportunities for international joint venture
18 relationships, use the resources of academic and other
19 institutions, coordinate trade assistance and facilitation
20 services, and facilitate availability of and access to
21 education and training programs which will assure requisite
22 skills and competencies necessary to compete successfully in
23 the global marketplace.
24 (d)(e) The strategic plan required under this section
25 shall include the identification of business sectors that are
26 of current or future importance to the state's economy and to
27 the state's worldwide business image, and development of
28 specific strategies to promote the development of such
29 sectors.
30 Section 83. Paragraph (f) of subsection (1) of section
31 288.906, Florida Statutes, is amended to read:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 288.906 Annual report of Enterprise Florida, Inc.;
2 audits; confidentiality.--
3 (1) Prior to December 1 of each year, Enterprise
4 Florida, Inc., shall submit to the Governor, the President of
5 the Senate, the Speaker of the House of Representatives, the
6 Senate Minority Leader, and the House Minority Leader a
7 complete and detailed report including, but not limited to:
8 (f) An assessment of employee training and job
9 creation that directly benefits participants in the welfare
10 transition WAGES program.
11
12 The detailed report required by this subsection shall also
13 include the information identified in paragraphs (a)-(g), if
14 applicable, for any board established within the corporate
15 structure of Enterprise Florida, Inc.
16 Section 84. Subsection (4) of section 320.20, Florida
17 Statutes, is amended to read:
18 320.20 Disposition of license tax moneys.--The revenue
19 derived from the registration of motor vehicles, including any
20 delinquent fees and excluding those revenues collected and
21 distributed under the provisions of s. 320.081, must be
22 distributed monthly, as collected, as follows:
23 (4) Notwithstanding any other provision of law except
24 subsections (1), (2), and (3), on July 1, 1999, and annually
25 thereafter, $10 million shall be deposited in the State
26 Transportation Trust Fund solely for the purposes of funding
27 the Florida Seaport Transportation and Economic Development
28 Program as provided in chapter 311 and for funding seaport
29 intermodal access projects of statewide significance as
30 provided in s. 341.053. Such revenues shall be distributed to
31 any port listed in s. 311.09(1), to be used for funding
214
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 projects as follows:
2 (a) For any seaport intermodal access projects that
3 are identified in the 1997-1998 Tentative Work Program of the
4 Department of Transportation, up to the amounts needed to
5 offset the funding requirements of this section; and
6 (b) For seaport intermodal access projects as
7 described in s. 341.053(5) that are identified in the 5-year
8 Florida Seaport Mission Plan as provided in s. 311.09(3).
9 Funding for such projects shall be on a matching basis as
10 mutually determined by the Florida Seaport Transportation and
11 Economic Development Council and the Department of
12 Transportation, provided a minimum of 25 percent of total
13 project funds shall come from any port funds, local funds,
14 private funds, or specifically earmarked federal funds; or
15 (c) On a 50-50 matching basis for projects as
16 described in s. 311.07(3)(b); or.
17 (d) For seaport intermodal access projects that
18 involve the dredging or deepening of channels, turning basins,
19 or harbors; or the rehabilitation of wharves, docks, or
20 similar structures. Funding for such projects shall require a
21 25 percent match of the funds received pursuant to this
22 subsection. Matching funds shall come from any port funds,
23 federal funds, local funds, or private funds.
24
25 Such revenues may be assigned, pledged, or set aside as a
26 trust for the payment of principal or interest on bonds, tax
27 anticipation certificates, or any other form of indebtedness
28 issued by an individual port or appropriate local government
29 having jurisdiction thereof, or collectively by interlocal
30 agreement among any of the ports, or used to purchase credit
31 support to permit such borrowings. However, such debt shall
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 not constitute a general obligation of the state. This state
2 does hereby covenant with holders of such revenue bonds or
3 other instruments of indebtedness issued hereunder that it
4 will not repeal or impair or amend this subsection in any
5 manner which will materially and adversely affect the rights
6 of holders so long as bonds authorized by this subsection are
7 outstanding. Any revenues that are not pledged to the
8 repayment of bonds as authorized by this section may be
9 utilized for purposes authorized under the Florida Seaport
10 Transportation and Economic Development Program. This revenue
11 source is in addition to any amounts provided for and
12 appropriated in accordance with s. 311.07 and subsection (3).
13 The Florida Seaport Transportation and Economic Development
14 Council shall approve distribution of funds to ports for
15 projects that have been approved pursuant to s. 311.09(5)-(9),
16 or for seaport intermodal access projects identified in the
17 5-year Florida Seaport Mission Plan as provided in s.
18 311.09(3) and mutually agreed upon by the FSTED Council and
19 the Department of Transportation. All contracts for actual
20 construction of projects authorized by this subsection must
21 include a provision encouraging employment of WAGES
22 participants in the welfare transition program. The goal for
23 employment of WAGES participants in the welfare transition
24 program is 25 percent of all new employees employed
25 specifically for the project, unless the Department of
26 Transportation and the Florida Seaport Transportation and
27 Economic Development Council demonstrates can demonstrate to
28 the satisfaction of the Secretary of Labor and Employment
29 Security that such a requirement would severely hamper the
30 successful completion of the project. In such an instance,
31 Workforce Florida, Inc., the Secretary of Labor and Employment
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Security shall establish an appropriate percentage of
2 employees that must be WAGES participants in the welfare
3 transition program. The council and the Department of
4 Transportation are authorized to perform such acts as are
5 required to facilitate and implement the provisions of this
6 subsection. To better enable the ports to cooperate to their
7 mutual advantage, the governing body of each port may exercise
8 powers provided to municipalities or counties in s.
9 163.01(7)(d) subject to the provisions of chapter 311 and
10 special acts, if any, pertaining to a port. The use of funds
11 provided pursuant to this subsection is limited to eligible
12 projects listed in this subsection. The provisions of s.
13 311.07(4) do not apply to any funds received pursuant to this
14 subsection.
15 Section 85. Paragraph (c) of subsection (9) of section
16 322.34, Florida Statutes, is amended to read:
17 322.34 Driving while license suspended, revoked,
18 canceled, or disqualified.--
19 (9)
20 (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055,
21 when the seizing agency obtains a final judgment granting
22 forfeiture of the motor vehicle under this section, 30 percent
23 of the net proceeds from the sale of the motor vehicle shall
24 be retained by the seizing law enforcement agency and 70
25 percent shall be deposited in the General Revenue Fund for use
26 by regional workforce boards local WAGES coalitions in
27 providing transportation services for participants of the
28 welfare transition WAGES program. In a forfeiture proceeding
29 under this section, the court may consider the extent that the
30 family of the owner has other public or private means of
31 transportation.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 86. Subsection (1) of section 341.052, Florida
2 Statutes, is amended to read:
3 341.052 Public transit block grant program;
4 administration; eligible projects; limitation.--
5 (1) There is created a public transit block grant
6 program which shall be administered by the department. Block
7 grant funds shall only be provided to "Section 9" providers
8 and "Section 18" providers designated by the United States
9 Department of Transportation and community transportation
10 coordinators as defined in chapter 427. Eligible providers
11 must establish public transportation development plans
12 consistent, to the maximum extent feasible, with approved
13 local government comprehensive plans of the units of local
14 government in which the provider is located. In developing
15 public transportation development plans, eligible providers
16 must solicit comments from regional workforce boards local
17 WAGES coalitions established under chapter 445 414. The
18 development plans must address how the public transit provider
19 will work with the appropriate regional workforce board local
20 WAGES coalition to provide services to WAGES participants in
21 the welfare transition program. Eligible providers must review
22 program and financial plans established under s. 414.028 and
23 provide information to the regional workforce board local
24 WAGES coalition serving the county in which the provider is
25 located regarding the availability of transportation services
26 to assist WAGES program participants.
27 Section 87. Subsections (1) and (8) of section
28 402.3015, Florida Statutes, are amended, and subsection (10)
29 is added to said section, to read:
30 402.3015 Subsidized child care program; purpose; fees;
31 contracts.--
218
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (1) The purpose of the subsidized child care program
2 is to provide quality child care to enhance the development,
3 including language, cognitive, motor, social, and self-help
4 skills of children who are at risk of abuse or neglect and
5 children of low-income families, and to promote financial
6 self-sufficiency and life skills for the families of these
7 children, unless prohibited by federal law. Priority for
8 participation in the subsidized child care program shall be
9 accorded to children under 13 years of age who are:
10 (a) Determined to be at risk of abuse, neglect, or
11 exploitation and who are currently clients of the department's
12 Children and Families Program Office;
13 (b) Children at risk of welfare dependency, including
14 children of participants in the welfare transition WAGES
15 program, children of migrant farmworkers, children of teen
16 parents, and children from other families at risk of welfare
17 dependency due to a family income of less than 100 percent of
18 the federal poverty level;
19 (c) Children of working families whose family income
20 is equal to or greater than 100 percent, but does not exceed
21 150 percent, of the federal poverty level; and
22 (d) Children of working families enrolled in the Child
23 Care Executive Partnership Program whose family income does
24 not exceed 200 percent of the federal poverty level; and.
25 (e) Children of working families who participate in
26 the diversion program to strengthen Florida's families under
27 s. 445.018.
28 (8) The community child care coordinating agencies
29 shall assist participants in the welfare transition WAGES
30 program and former participants of the program who are
31 eligible for subsidized child care in developing cooperative
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 child care arrangements whereby participants support and
2 assist one another in meeting child care needs at minimal cost
3 to the individual participant.
4 (10) A family that is eligible to participate in the
5 subsidized child care program shall be considered a needy
6 family for purposes of the program funded through the federal
7 Temporary Assistance for Needy Families (TANF) block grant, to
8 the extent permitted by the appropriation of funds.
9 Section 88. Paragraph (g) of subsection (1) of section
10 402.33, Florida Statutes, is amended to read:
11 402.33 Department authority to charge fees for
12 services provided.--
13 (1) As used in this section, the term:
14 (g) "State and federal aid" means cash assistance or
15 cash equivalent benefits based on an individual's proof of
16 financial need, including, but not limited to, temporary cash
17 assistance under the WAGES Program and food stamps.
18 Section 89. Paragraph (a) of subsection (3) of section
19 402.40, Florida Statutes, is amended to read:
20 402.40 Child welfare training academies established;
21 Child Welfare Standards and Training Council created;
22 responsibilities of council; Child Welfare Training Trust Fund
23 created.--
24 (3) CHILD WELFARE STANDARDS AND TRAINING COUNCIL.--
25 (a) There is created within the Department of Children
26 and Family Services the Child Welfare Training Council,
27 hereinafter referred to as the council. The 21-member council
28 shall consist of the Commissioner of Education or his or her
29 designee; a member of the judiciary who has experience in the
30 area of dependency and has served at least 3 years in the
31 Juvenile Division of the circuit court, to be appointed by the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Chief Justice of the Supreme Court; and 19 members to be
2 appointed by the Secretary of Children and Family Services as
3 follows:
4 1. Nine members shall be dependency program staff:
5 a. An intake supervisor or counselor, a protective
6 services supervisor or counselor, a foster care supervisor or
7 counselor, and an adoption and related services supervisor or
8 counselor. Each such member shall have at least 5 years'
9 experience working with children and families, at least two
10 members shall each have a master's degree in social work, and
11 any member not having a master's degree in social work shall
12 have at least a bachelor's degree in social work, child
13 development, behavioral psychology, or any other discipline
14 directly related to providing care or counseling for families.
15 b. A representative from a licensed, residential
16 child-caring agency contracted with by the state; a
17 representative from a runaway shelter or similar program
18 primarily serving adolescents, which shelter or program must
19 be contracted with by the state; and a representative from a
20 licensed child-placing agency contracted with by the state.
21 At least two of these members shall each have a master's
22 degree in social work, and any member not having a master's
23 degree in social work shall have a degree as cited in
24 sub-subparagraph a. All three members shall have at least 5
25 years' experience working with children and families.
26 c. A family foster home parent and an emergency
27 shelter home parent, both of whom shall have been providing
28 such care for at least 5 years and shall have participated in
29 training for foster parents or shelter parents on an ongoing
30 basis.
31 2. One member shall be a supervisor or counselor from
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the temporary cash assistance WAGES program.
2 3. Two members shall be educators from the state's
3 university and community college programs of social work,
4 child development, psychology, sociology, or other field of
5 study pertinent to the training of dependency program staff.
6 4. One member shall be a pediatrician with expertise
7 in the area of child abuse and neglect.
8 5. One member shall be a psychiatrist or licensed
9 clinical psychologist with extensive experience in counseling
10 children and families.
11 6. One member shall be an attorney with extensive
12 experience in the practice of family law.
13 7. One member shall be a guardian ad litem or a child
14 welfare attorney, either of whom shall have extensive
15 experience in the representation of children.
16 8. One member shall be a state attorney with
17 experience and expertise in the area of dependency and family
18 law.
19 9. One member shall be a representative from a local
20 law enforcement unit specializing in child abuse and neglect.
21 10. One member shall be a lay citizen who is a member
22 of a child advocacy organization.
23
24 The initial members of the council shall be appointed within
25 30 days of the effective date of this section. Of the initial
26 appointments, the member appointed by the Chief Justice of the
27 Supreme Court, three members appointed pursuant to
28 subparagraph 1., one member appointed pursuant to subparagraph
29 3., and the members specified in subparagraphs 4. and 5. shall
30 be appointed to terms of 3 years each; three members appointed
31 pursuant to subparagraph 1., one of the members appointed
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 pursuant to subparagraph 3., and the members specified in
2 subparagraphs 2., 6., and 7. shall be appointed for terms of 2
3 years each; and three members appointed pursuant to
4 subparagraph 1., and the members specified in subparagraphs
5 8., 9., and 10. shall be appointed to terms of 1 year each.
6 Thereafter, all appointed members shall serve terms of 3 years
7 each. No person shall serve more than two consecutive terms.
8 Section 90. Subsection (4) of section 402.45, Florida
9 Statutes, is amended to read:
10 402.45 Community resource mother or father program.--
11 (4) A community resource mother or father shall be an
12 individual who by residence and resources is able to identify
13 with the target population, and meets the following minimum
14 criteria:
15 (a) Is at least 25 years of age.
16 (b) Is a mother or father.
17 (c) Is a recipient of temporary cash assistance under
18 the WAGES Program or a person with an income below the federal
19 poverty level, or has an income equivalent to community
20 clients.
21 Section 91. Subsection (3) of section 403.973, Florida
22 Statutes, is amended to read:
23 403.973 Expedited permitting; comprehensive plan
24 amendments.--
25 (3)(a) The Governor, through the office, shall direct
26 the creation of regional permit action teams, for the purpose
27 of expediting review of permit applications and local
28 comprehensive plan amendments submitted by:
29 1. Businesses creating at least 100 jobs, or
30 2. Businesses creating at least 50 jobs if the project
31 is located in an enterprise zone, or in a county having a
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 population of less than 75,000 or in a county having a
2 population of less than 100,000 which is contiguous to a
3 county having a population of less than 75,000, as determined
4 by the most recent decennial census, residing in incorporated
5 and unincorporated areas of the county, or
6 (b) On a case-by-case basis and at the request of a
7 county or municipal government, the office may certify as
8 eligible for expedited review a project not meeting the
9 minimum job creation thresholds but creating a minimum of 10
10 jobs. The recommendation from the governing body of the county
11 or municipality in which the project may be located is
12 required in order for the office to certify that any project
13 is eligible for expedited review under this paragraph. When
14 considering projects that do not meet the minimum job creation
15 thresholds but that are recommended by the governing body in
16 which the project may be located, the office shall consider
17 economic impact factors that include, but are not limited to:
18 1. The proposed wage and skill levels relative to
19 those existing in the area in which the project may be
20 located;
21 2. The project's potential to diversify and strengthen
22 the area's economy;
23 3. The amount of capital investment; and
24 4. The number of jobs that will be made available for
25 persons served by the welfare transition WAGES program.
26 (c) At the request of a county or municipal
27 government, the office or a Quick Permitting County may
28 certify projects located in counties where the ratio of new
29 jobs per participant in the welfare transition program WAGES
30 client, as determined by the Workforce Florida, Inc.
31 Development Board of Enterprise Florida, is less than one or
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 otherwise critical, as eligible for the expedited permitting
2 process. Such projects must meet the numerical job creation
3 criteria of this subsection, but the jobs created by the
4 project do not have to be high-wage jobs that diversify the
5 state's economy.
6 Section 92. Subsection (7) of section 409.2554,
7 Florida Statutes, is amended to read:
8 409.2554 Definitions.--As used in ss.
9 409.2551-409.2598, the term:
10 (7) "Public assistance" means food stamps, money
11 assistance paid on the basis of Title IV-E and Title XIX of
12 the Social Security Act, or temporary cash assistance paid
13 under the WAGES Program.
14 Section 93. Subsection (7) of section 409.2564,
15 Florida Statutes, is amended to read:
16 409.2564 Actions for support.--
17 (7) In a judicial circuit with a work experience and
18 job training pilot project, if the obligor is a noncustodial
19 parent of a child receiving public assistance as defined in
20 this chapter, is unemployed or underemployed or has no income,
21 then the court shall order the obligor to seek employment, if
22 the obligor is able to engage in employment, and to
23 immediately notify the court upon obtaining employment, upon
24 obtaining any income, or upon obtaining any ownership of any
25 asset with a value of $500 or more. If the obligor is still
26 unemployed 30 days after any order for support, the court
27 shall order the obligor to enroll in a work experience, job
28 placement, and job training program for noncustodial parents
29 as established in s. 414.38.
30 Section 94. Subsection (1) of section 409.259, Florida
31 Statutes, is amended to read:
225
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 409.259 Partial payment of filing fees.--
2 (1) Notwithstanding s. 28.241, each clerk of the
3 circuit court shall only be reimbursed at the prevailing rate
4 of federal financial participation on the amount of $40 for
5 each civil action, suit, or proceeding for support instituted
6 in the circuit court in which the parent is not receiving
7 temporary cash assistance under the WAGES Program. The
8 prevailing rate of the state match shall be paid by the local
9 government in the form of a certified public expenditure. The
10 clerk of the circuit court shall bill the department monthly.
11 The clerk of the circuit court and the department shall
12 maintain a monthly log of the number of civil actions, suits,
13 or proceedings filed in which the parent does not receive
14 temporary assistance. These monthly logs will be used to
15 determine the number of $40 filings the clerk of court may
16 submit for reimbursement at the prevailing rate of federal
17 financial participation.
18 Section 95. Paragraph (c) of subsection (1) of section
19 409.903, Florida Statutes, is amended to read:
20 409.903 Mandatory payments for eligible persons.--The
21 agency shall make payments for medical assistance and related
22 services on behalf of the following persons who the agency
23 determines to be eligible, subject to the income, assets, and
24 categorical eligibility tests set forth in federal and state
25 law. Payment on behalf of these Medicaid eligible persons is
26 subject to the availability of moneys and any limitations
27 established by the General Appropriations Act or chapter 216.
28 (1) Low-income families with children are eligible for
29 Medicaid provided they meet the following requirements:
30 (c) The family's countable income and resources do not
31 exceed the applicable Aid to Families with Dependent Children
226
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (AFDC) income and resource standards under the AFDC state plan
2 in effect in July 1996, except as amended in the Medicaid
3 state plan to conform as closely as possible to the
4 requirements of the welfare transition WAGES program as
5 created in s. 414.015, to the extent permitted by federal law.
6 Section 96. Section 409.942, Florida Statutes, is
7 amended to read:
8 409.942 Electronic benefit transfer program.--
9 (1) The Department of Children and Family Services
10 shall establish an electronic benefit transfer program for the
11 dissemination of food stamp benefits and temporary assistance
12 payments, including refugee cash assistance payments, asylum
13 applicant payments, and child support disregard payments. If
14 the Federal Government does not enact legislation or
15 regulations providing for dissemination of supplemental
16 security income by electronic benefit transfer, the state may
17 include supplemental security income in the electronic benefit
18 transfer program.
19 (2) The department shall, in accordance with
20 applicable federal laws and regulations, develop minimum
21 program requirements and other policy initiatives for the
22 electronic benefit transfer program and shall have at least
23 one operational pilot program in place by July 1, 1996.
24 (3) The department shall enter into public-private
25 contracts for all provisions of electronic transfer of public
26 assistance benefits, including, but not limited to, the
27 necessary electronic equipment and technical support for the
28 electronic benefit transfer pilot program.
29 (4) Workforce Florida, Inc., through the Agency for
30 Workforce Innovation, shall establish an electronic benefit
31 transfer program for the use and management of education,
227
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 training, childcare, transportation, and other program
2 benefits under its direction. The workforce electronic benefit
3 transfer program shall fulfill all federal and state
4 requirements for Individual Training Accounts, Retention
5 Incentive Training Accounts, Individual Development Accounts,
6 and Individual Services Accounts. The workforce electronic
7 benefit transfer program shall be designed to enable an
8 individual who receives an electronic benefit transfer card
9 under subsection (1) to use that card for purposes of benefits
10 provided under the workforce development system as well. The
11 Department of Children and Family Services shall assist
12 Workforce Florida, Inc., in developing an electronic benefit
13 transfer program for the workforce development system that is
14 fully compatible with the department's electronic benefit
15 transfer program. The agency shall reimburse the department
16 for all costs incurred in providing such assistance and shall
17 pay all costs for the development of the workforce electronic
18 benefit transfer program.
19 Section 97. Paragraph (b) of subsection (4) and
20 paragraph (a) of subsection (6) of section 411.01, Florida
21 Statutes, are amended to read:
22 411.01 Florida Partnership for School Readiness;
23 school readiness coalitions.--
24 (4) FLORIDA PARTNERSHIP FOR SCHOOL READINESS.--
25 (b)1. The Florida Partnership for School Readiness
26 shall include the Lieutenant Governor or his or her designee,
27 the Commissioner of Education, the Secretary of Children and
28 Family Services, the Secretary of Health, the chair of the
29 Child Care Executive Partnership Board, and the chairperson of
30 the WAGES Program State board of directors of Workforce
31 Florida, Inc.
228
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 2. The partnership shall also include 10 members of
2 the public who shall be business, community, and civic leaders
3 in the state who are not elected to public office. These
4 members and their families must not be providers in the early
5 education and child care industry. The members must be
6 geographically and demographically representative of the
7 state. Each member shall be appointed by the Governor. Eight
8 of the members shall be appointed from a list of 10 nominees,
9 of which five must be submitted by the President of the Senate
10 and five must be submitted by the Speaker of the House of
11 Representatives. Members shall be appointed to 4-year terms of
12 office. However, of the initial appointees, two shall be
13 appointed to 1-year terms, two shall be appointed to 2-year
14 terms, three shall be appointed to 3-year terms, and three
15 shall be appointed to 4-year terms. The members of the
16 partnership shall elect a chairperson annually from the
17 nongovernmental members of the partnership. Any vacancy on the
18 partnership shall be filled in the same manner as the original
19 appointment.
20
21 To ensure that the system for measuring school readiness is
22 comprehensive and appropriate statewide, as the system is
23 developed and implemented, the partnership must consult with
24 representatives of district school systems, providers of
25 public and private child care, health care providers, large
26 and small employers, experts in education for children with
27 disabilities, and experts in child development.
28 (6) PROGRAM ELIGIBILITY.--The school readiness program
29 shall be established for children under the age of
30 kindergarten eligibility. Priority for participation in the
31 school readiness program shall be given to children who meet
229
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 one or more of the following criteria:
2 (a) Children under the age of kindergarten eligibility
3 who are:
4 1. Children determined to be at risk of abuse,
5 neglect, or exploitation and who are currently clients of the
6 Children and Family Services Program Office of the Department
7 of Children and Family Services.
8 2. Children at risk of welfare dependency, including
9 economically disadvantaged children, children of participants
10 in the welfare transition WAGES program, children of migrant
11 farmworkers, and children of teen parents.
12 3. Children of working families whose family income
13 does not exceed 150 percent of the federal poverty level.
14
15 An "economically disadvantaged" child means a child whose
16 family income is below 150 percent of the federal poverty
17 level. Notwithstanding any change in a family's economic
18 status, but subject to additional family contributions in
19 accordance with the sliding fee scale, a child who meets the
20 eligibility requirements upon initial registration for the
21 program shall be considered eligible until the child reaches
22 kindergarten age.
23 Section 98. Paragraph (a) of subsection (3) of section
24 411.232, Florida Statutes, is amended to read:
25 411.232 Children's Early Investment Program.--
26 (3) ESSENTIAL ELEMENTS.--
27 (a) Initially, the program shall be directed to
28 geographic areas where at-risk young children and their
29 families are in greatest need because of an unfavorable
30 combination of economic, social, environmental, and health
31 factors, including, without limitation, extensive poverty,
230
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 high crime rate, great incidence of low birthweight babies,
2 high incidence of alcohol and drug abuse, and high rates of
3 teenage pregnancy. The selection of a geographic site shall
4 also consider the incidence of young children within these
5 at-risk geographic areas who are cocaine babies, children of
6 single mothers who receive temporary cash assistance
7 participate in the WAGES Program, children of teenage parents,
8 low birthweight babies, and very young foster children. To
9 receive funding under this section, an agency, board, council,
10 or provider must demonstrate:
11 1. Its capacity to administer and coordinate the
12 programs and services in a comprehensive manner and provide a
13 flexible range of services;
14 2. Its capacity to identify and serve those children
15 least able to access existing programs and case management
16 services;
17 3. Its capacity to administer and coordinate the
18 programs and services in an intensive and continuous manner;
19 4. The proximity of its facilities to young children,
20 parents, and other family members to be served by the program,
21 or its ability to provide offsite services;
22 5. Its ability to use existing federal, state, and
23 local governmental programs and services in implementing the
24 investment program;
25 6. Its ability to coordinate activities and services
26 with existing public and private, state and local agencies and
27 programs such as those responsible for health, education,
28 social support, mental health, child care, respite care,
29 housing, transportation, alcohol and drug abuse treatment and
30 prevention, income assistance, employment training and
31 placement, nutrition, and other relevant services, all the
231
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 foregoing intended to assist children and families at risk;
2 7. How its plan will involve project participants and
3 community representatives in the planning and operation of the
4 investment program;
5 8. Its ability to participate in the evaluation
6 component required in this section; and
7 9. Its consistency with the strategic plan pursuant to
8 s. 411.221.
9 Section 99. Paragraph (a) of subsection (3) of section
10 411.242, Florida Statutes, is amended to read:
11 411.242 Florida Education Now and Babies Later (ENABL)
12 program.--
13 (3) ESSENTIAL ELEMENTS.--
14 (a) The ENABL program should be directed to geographic
15 areas in the state where the childhood birth rate is higher
16 than the state average and where the children and their
17 families are in greatest need because of an unfavorable
18 combination of economic, social, environmental, and health
19 factors, including, without limitation, extensive poverty,
20 high crime rate, great incidence of low birthweight babies,
21 high incidence of alcohol and drug abuse, and high rates of
22 childhood pregnancy. The selection of a geographic site shall
23 also consider the incidence of young children within these
24 at-risk geographic areas who are cocaine babies, children of
25 single mothers who receive temporary cash assistance
26 participate in the WAGES Program, children of teenage parents,
27 low birthweight babies, and very young foster children. To
28 receive funding under this section, a community-based local
29 contractor must demonstrate:
30 1. Its capacity to administer and coordinate the ENABL
31 pregnancy prevention public education program and services for
232
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 children and their families in a comprehensive manner and to
2 provide a flexible range of age-appropriate educational
3 services.
4 2. Its capacity to identify and serve those children
5 least able to access existing pregnancy prevention public
6 education programs.
7 3. Its capacity to administer and coordinate the ENABL
8 programs and services in an intensive and continuous manner.
9 4. The proximity of its program to young children,
10 parents, and other family members to be served by the ENABL
11 program, or its ability to provide offsite educational
12 services.
13 5. Its ability to incorporate existing federal, state,
14 and local governmental educational programs and services in
15 implementing the ENABL program.
16 6. Its ability to coordinate its activities and
17 educational services with existing public and private state
18 and local agencies and programs, such as those responsible for
19 health, education, social support, mental health, child care,
20 respite care, housing, transportation, alcohol and drug abuse
21 treatment and prevention, income assistance, employment
22 training and placement, nutrition, and other relevant
23 services, all of the foregoing intended to assist children and
24 families at risk.
25 7. How its plan will involve project participants and
26 community representatives in the planning and operation of the
27 ENABL program.
28 8. Its ability to participate in the evaluation
29 component required in this section.
30 9. Its consistency with the strategic plan pursuant to
31 s. 411.221.
233
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 10. Its capacity to match state funding for the ENABL
2 program at the rate of $1 in cash or in matching services for
3 each dollar funded by the state.
4 Section 100. Subsection (6) of section 413.82, Florida
5 Statutes, is amended to read:
6 413.82 Definitions.--As used in ss. 413.81-413.93, the
7 term:
8 (6) "Region" means a service area for a regional
9 workforce development board established by the Workforce
10 Florida Inc. Development Board.
11 Section 101. Paragraph (d) of subsection (1) of
12 section 421.10, Florida Statutes, is amended to read:
13 421.10 Rentals and tenant selection.--
14 (1) In the operation or management of housing projects
15 an authority shall at all times observe the following duties
16 with respect to rentals and tenants selection:
17 (d) The Department of Children and Family Services,
18 pursuant to 45 C.F.R. s. 233.20(a)(3)(vii)(c), may not
19 consider as income for recipients of temporary cash assistance
20 any participants in the WAGES Program assistance received by
21 recipients from other agencies or organizations such as public
22 housing authorities.
23 Section 102. Subsection (27) of section 427.013,
24 Florida Statutes, is amended to read:
25 427.013 The Commission for the Transportation
26 Disadvantaged; purpose and responsibilities.--The purpose of
27 the commission is to accomplish the coordination of
28 transportation services provided to the transportation
29 disadvantaged. The goal of this coordination shall be to
30 assure the cost-effective provision of transportation by
31 qualified community transportation coordinators or
234
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 transportation operators for the transportation disadvantaged
2 without any bias or presumption in favor of multioperator
3 systems or not-for-profit transportation operators over single
4 operator systems or for-profit transportation operators. In
5 carrying out this purpose, the commission shall:
6 (27) Ensure that local community transportation
7 coordinators work cooperatively with regional workforce boards
8 local WAGES coalitions established in chapter 445 414 to
9 provide assistance in the development of innovative
10 transportation services for WAGES participants in the welfare
11 transition program.
12 Section 103. Subsection (9) of section 427.0155,
13 Florida Statutes, is amended to read:
14 427.0155 Community transportation coordinators; powers
15 and duties.--Community transportation coordinators shall have
16 the following powers and duties:
17 (9) Work cooperatively with regional workforce boards
18 local WAGES coalitions established in chapter 445 414 to
19 provide assistance in the development of innovative
20 transportation services for WAGES participants in the welfare
21 transition program.
22 Section 104. Subsection (7) of section 427.0157,
23 Florida Statutes, is amended to read:
24 427.0157 Coordinating boards; powers and duties.--The
25 purpose of each coordinating board is to develop local service
26 needs and to provide information, advice, and direction to the
27 community transportation coordinators on the coordination of
28 services to be provided to the transportation disadvantaged.
29 The commission shall, by rule, establish the membership of
30 coordinating boards. The members of each board shall be
31 appointed by the metropolitan planning organization or
235
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 designated official planning agency. The appointing authority
2 shall provide each board with sufficient staff support and
3 resources to enable the board to fulfill its responsibilities
4 under this section. Each board shall meet at least quarterly
5 and shall:
6 (7) Work cooperatively with regional workforce boards
7 local WAGES coalitions established in chapter 445 414 to
8 provide assistance in the development of innovative
9 transportation services for WAGES participants in the welfare
10 transition program.
11 Section 105. Paragraph (b) of subsection (1) of
12 section 443.091, Florida Statutes, is amended to read:
13 443.091 Benefit eligibility conditions.--
14 (1) An unemployed individual shall be eligible to
15 receive benefits with respect to any week only if the division
16 finds that:
17 (b) She or he has registered for work at, and
18 thereafter continued to report at, the division, which shall
19 be responsible for notification of the Agency for Workforce
20 Innovation Division of Jobs and Benefits in accordance with
21 such rules as the division may prescribe; except that the
22 division may, by rule not inconsistent with the purposes of
23 this law, waive or alter either or both of the requirements of
24 this subsection as to individuals attached to regular jobs;
25 but no such rule shall conflict with s. 443.111(1).
26 Section 106. Subsection (8) of section 443.151,
27 Florida Statutes, is amended to read:
28 443.151 Procedure concerning claims.--
29 (8) BILINGUAL REQUIREMENTS.--
30 (a) Based on the estimated total number of households
31 in a county which speak the same non-English language, a
236
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 single-language minority, the division shall provide printed
2 bilingual instructional and educational materials in the
3 appropriate language in those counties in which 5 percent or
4 more of the households in the county are classified as a
5 single-language minority.
6 (b) The division shall ensure that one-stop career
7 centers jobs and benefits offices and appeals bureaus in
8 counties subject to the requirements of paragraph (c)
9 prominently post notices in the appropriate languages that
10 translators are available in those centers offices and
11 bureaus.
12 (c) Single-language minority refers to households
13 which speak the same non-English language and which do not
14 contain an adult fluent in English. The division shall develop
15 estimates of the percentages of single-language minority
16 households for each county by using data made available by the
17 United States Bureau of the Census.
18 Section 107. Section 443.181, Florida Statutes, is
19 amended to read:
20 443.181 State Employment Service.--
21 (1) A state public employment service is hereby
22 established in the Agency for Workforce Innovation, under
23 policy direction from Workforce Florida, Inc. Division of Jobs
24 and Benefits. The agency division shall establish and maintain
25 free public employment offices in such number and in such
26 places as may be necessary for the proper administration of
27 this chapter and for the purposes of performing such duties as
28 are within the purview of the Act of Congress entitled "An Act
29 to provide for the establishment of a national employment
30 system and for cooperation with the states in the promotion of
31 such system and for other purposes," approved June 6, 1933 (48
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Stat. 113; 29 U.S.C. s. 49(c)), as amended. Notwithstanding
2 any provisions in this section to the contrary, the one-stop
3 delivery system shall be the primary method for delivering
4 services under this section, consistent with Pub. L. No.
5 105-220 and chapter 445. It shall be the duty of the agency
6 division to cooperate with any official or agency of the
7 United States having power or duties under the provisions of
8 the Act of Congress, as amended, and to do and perform all
9 things necessary to secure to this state the benefits of said
10 Act of Congress, as amended, in the promotion and maintenance
11 of a system of public employment offices. The provisions of
12 the said Act of Congress, as amended, are hereby accepted by
13 this state, in conformity with s. 4 of that act, and this
14 state will observe and comply with the requirements thereof.
15 The Agency for Workforce Innovation Division of Jobs and
16 Benefits of the Department of Labor and Employment Security is
17 hereby designated and constituted the agency of this state for
18 the purpose of that act. The agency division is authorized
19 and directed to appoint sufficient employees to carry out the
20 purposes of this section. The agency division may cooperate
21 with or enter into agreements with the Railroad Retirement
22 Board with respect to the establishment, maintenance, and use
23 of free employment service facilities.
24 (2) FINANCING.--All moneys received by this state
25 under the said Act of Congress, as amended, shall be paid into
26 the Employment Security Administration Trust Fund, and such
27 moneys are hereby made available to the agency division to be
28 expended as provided by this chapter and by said Act of
29 Congress. For the purpose of establishing and maintaining
30 free public employment offices, the agency division is
31 authorized to enter into agreements with the Railroad
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Retirement Board or any other agency of the United States
2 charged with the administration of an unemployment
3 compensation law, with any political subdivision of this
4 state, or with any private, nonprofit organization, and as a
5 part of any such agreement the agency division may accept
6 moneys, services, or quarters as a contribution to the
7 Employment Security Administration Trust Fund.
8 (3) References to "the agency division" in this
9 section mean the Agency for Workforce Innovation Division of
10 Jobs and Benefits.
11 Section 108. Subsections (2) and (5) of section
12 443.211, Florida Statutes, are amended to read:
13 443.211 Employment Security Administration Trust Fund;
14 appropriation; reimbursement.--
15 (2) SPECIAL EMPLOYMENT SECURITY ADMINISTRATION TRUST
16 FUND.--There is created in the State Treasury a special fund,
17 to be known as the "Special Employment Security Administration
18 Trust Fund," into which shall be deposited or transferred all
19 interest on contributions, penalties, and fines or fees
20 collected under this chapter. Interest on contributions,
21 penalties, and fines or fees deposited during any calendar
22 quarter in the clearing account in the Unemployment
23 Compensation Trust Fund shall, as soon as practicable after
24 the close of such calendar quarter and upon certification of
25 the division, be transferred to the Special Employment
26 Security Administration Trust Fund. However, there shall be
27 withheld from any such transfer the amount certified by the
28 division to be required under this chapter to pay refunds of
29 interest on contributions, penalties, and fines or fees
30 collected and erroneously deposited into the clearing account
31 in the Unemployment Compensation Trust Fund. Such amounts of
239
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 interest and penalties so certified for transfer shall be
2 deemed to have been erroneously deposited in the clearing
3 account, and the transfer thereof to the Special Employment
4 Security Administration Trust Fund shall be deemed to be a
5 refund of such erroneous deposits. All moneys in this fund
6 shall be deposited, administered, and disbursed in the same
7 manner and under the same conditions and requirements as are
8 provided by law for other special funds in the State Treasury.
9 These moneys shall not be expended or be available for
10 expenditure in any manner which would permit their
11 substitution for, or permit a corresponding reduction in,
12 federal funds which would, in the absence of these moneys, be
13 available to finance expenditures for the administration of
14 the Unemployment Compensation Law. But nothing in this
15 section shall prevent these moneys from being used as a
16 revolving fund to cover expenditures, necessary and proper
17 under the law, for which federal funds have been duly
18 requested but not yet received, subject to the charging of
19 such expenditures against such funds when received. The
20 moneys in this fund, with the approval of the Executive Office
21 of the Governor, shall be used by the Division of Unemployment
22 Compensation and the Agency for Workforce Innovation Division
23 of Jobs and Benefits for the payment of costs of
24 administration which are found not to have been properly and
25 validly chargeable against funds obtained from federal
26 sources. All moneys in the Special Employment Security
27 Administration Trust Fund shall be continuously available to
28 the division for expenditure in accordance with the provisions
29 of this chapter and shall not lapse at any time. All payments
30 from the Special Employment Security Administration Trust Fund
31 shall be approved by the division or by a duly authorized
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 agent thereof and shall be made by the Treasurer upon warrants
2 issued by the Comptroller. The moneys in this fund are hereby
3 specifically made available to replace, as contemplated by
4 subsection (3), expenditures from the Employment Security
5 Administration Trust Fund, established by subsection (1),
6 which have been found by the Bureau of Employment Security, or
7 other authorized federal agency or authority, because of any
8 action or contingency, to have been lost or improperly
9 expended. The Treasurer shall be liable on her or his
10 official bond for the faithful performance of her or his
11 duties in connection with the Special Employment Security
12 Administration Trust Fund.
13 (5) In connection with its duties under s. 443.181,
14 the Agency for Workforce Innovation Division of Jobs and
15 Benefits shall have several authority and responsibility for
16 deposit, requisition, expenditure, approval of payment,
17 reimbursement, and reporting in regard to the trust funds
18 established by this section.
19 Section 109. Subsection (3) of section 443.221,
20 Florida Statutes, is amended to read:
21 443.221 Reciprocal arrangements.--
22 (3) The administration of this chapter and of other
23 state and federal unemployment compensation and public
24 employment service laws will be promoted by cooperation
25 between this state and such other states and the appropriate
26 federal agencies and therefore the division is authorized to
27 enter into reciprocal arrangements with appropriate and duly
28 authorized agencies of other states or the Federal Government
29 or both in exchanging services, determining and enforcing
30 payment obligations, and making available facilities and
31 information. The Division of Unemployment Compensation and
241
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the Agency for Workforce Innovation Division of Jobs and
2 Benefits are each, therefore, authorized to make such
3 investigations, secure and transmit such information, make
4 available such services and facilities, and exercise such of
5 the other powers provided herein with respect to the
6 administration of this chapter as each deems necessary or
7 appropriate to facilitate the administration of any such
8 unemployment compensation or public employment service law
9 and, in like manner, to accept and utilize information,
10 services, and facilities made available to this state by the
11 agency charged with the administration of any such other
12 unemployment compensation or public employment service law.
13 Section 110. Subsection (6) of section 443.231,
14 Florida Statutes, is amended to read:
15 443.231 Florida Training Investment Program.--The
16 Florida Training Investment Program is designed to extend
17 additional benefit eligibility to dislocated workers
18 throughout Florida who have lost their jobs, have limited
19 marketable skills, and enroll in vocational training intended
20 to lead to employment in a recognized occupation for which
21 there is labor market demand. Pursuant thereto:
22 (6) PROCEDURE.--
23 (a) Any dislocated worker may apply to receive
24 benefits under this section while enrolled in an approved
25 course of training pursuant to this section.
26 (b) Upon approval of an application the division shall
27 notify both the applicant and the training institution by mail
28 of the applicant's status under this section and shall request
29 the training institution to promptly notify the regular claims
30 reporting office in writing if the participant's attendance or
31 progress should become unsatisfactory.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (c) The division is required to notify applicants of
2 the determination of eligibility by mail at the claimant's
3 last known address. In addition to the initial approval or
4 denial of the applicant, the division shall make any further
5 determinations pursuant to s. 443.151(3) and rules 38B-3.016
6 and 38B-3.017, Florida Administrative Code.
7 (d) A determination or redetermination will become
8 final unless the claimant files, by mail or in person at the
9 local one-stop career center jobs and benefits office, an
10 appeal of a determination or redetermination within 20
11 calendar days after the mailing of the Notice of Determination
12 or Redetermination to the claimant's last known address, or if
13 such notice is not mailed, within 20 calendar days after the
14 date of delivery of such notice. Appeals by mail shall be
15 considered filed when postmarked by the United States Postal
16 Service.
17 Section 111. Subsections (2) and (3) of section
18 446.011, Florida Statutes, are amended to read:
19 446.011 Legislative intent regarding apprenticeship
20 training.--
21 (2) It is the intent of the Legislature that the
22 Division of Workforce Development Jobs and Benefits of the
23 Department of Education Labor and Employment Security have
24 responsibility for the development of the apprenticeship and
25 preapprenticeship uniform minimum standards for the
26 apprenticeable trades and that the Division of Workforce
27 Development of the Department of Education have responsibility
28 for assisting district school boards and community college
29 district boards of trustees in developing preapprenticeship
30 programs in compliance with the standards established by the
31 Division of Jobs and Benefits.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (3) It is the further intent of ss. 446.011-446.092
2 this act that the Division of Workforce Development Jobs and
3 Benefits ensure quality training through the adoption and
4 enforcement of uniform minimum standards and that the Bureau
5 of Apprenticeship of the division of Jobs and Benefits
6 promote, register, monitor, and service apprenticeship and
7 training programs and ensure that such programs adhere to the
8 standards.
9 Section 112. The Office of Program Policy Analysis and
10 Government Accountability, in cooperation with Workforce
11 Florida, Inc., and the Department of Education, shall submit a
12 report to the Legislature by January 1, 2002, regarding joint
13 programs, nonjoint programs, and other programs that provide
14 formalized on-the-job training for skilled trades. The report
15 must include recommendations for improving the efficiency of
16 the programs, decreasing the cost of the programs, improving
17 or retaining current practices regarding admission
18 requirements, reducing the duration of the programs, and
19 increasing the number of persons who successfully complete the
20 programs.
21 Section 113. Subsections (1), (5), (12), and (13) of
22 section 446.021, Florida Statutes, are amended to read:
23 446.021 Definitions of terms used in ss.
24 446.011-446.092.--As used in ss. 446.011-446.092, the
25 following words and terms shall have the following meanings
26 unless the context clearly indicates otherwise:
27 (1) "Preapprentice" means any person 16 years of age
28 or over engaged in any course of instruction in the public
29 school system or elsewhere, which course is registered as a
30 preapprenticeship program with the Division of Workforce
31 Development Jobs and Benefits of the Department of Education
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Labor and Employment Security.
2 (5) "Preapprenticeship program" means an organized
3 course of instruction in the public school system or
4 elsewhere, which course is designed to prepare a person 16
5 years of age or older to become an apprentice and which course
6 is approved by and registered with the Bureau of
7 Apprenticeship of the Division of Workforce Development Jobs
8 and Benefits and sponsored by a registered apprenticeship
9 program.
10 (12) "Division" means the Division of Workforce
11 Development Jobs and Benefits of the Department of Education
12 Labor and Employment Security.
13 (13) "Director" means the director of the Division of
14 Workforce Development Jobs and Benefits.
15 Section 114. Section 446.032, Florida Statutes, is
16 amended to read:
17 446.032 General duties of division with respect to
18 apprenticeship training.--The Division of Workforce
19 Development Jobs and Benefits shall:
20 (1) Establish uniform minimum standards and policies
21 governing apprentice programs and agreements. Such standards
22 and policies shall govern the terms and conditions of the
23 apprentice's employment and training, including the quality
24 training of the apprentice with respect to, but not limited
25 to, such matters as ratios of apprentices to journeymen,
26 safety, related instruction, and on-the-job training; but such
27 standards and policies shall not include rules, standards, or
28 guidelines that require the use of apprentices and job
29 trainees on state, county, or municipal contracts. The
30 division may adopt rules as necessary to carry out such
31 standards and policies.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (2) Establish by rule procedures to be used utilized
2 by the State Apprenticeship Advisory Council in accordance
3 with the provisions of s. 446.045.
4 (3) Establish a Bureau of Apprenticeship pursuant to
5 the instructions of the Commissioner of Education Secretary of
6 Labor and Employment Security.
7 Section 115. Section 446.041, Florida Statutes, is
8 amended to read:
9 446.041 Apprenticeship program, duties of
10 division.--The Division of Workforce Development Jobs and
11 Benefits shall:
12 (1) Administer the provisions of ss. 446.011-446.092.
13 (2) Administer the standards established by the
14 division.
15 (3) Register in accordance with this chapter any
16 apprenticeship or preapprenticeship program, regardless of
17 affiliation, which meets standards established by the
18 division.
19 (4) Investigate complaints concerning the failure of
20 any registered program to meet the standards established by
21 the division.
22 (5) Cancel the registration of any program that which
23 fails to comply with the standards and policies of the
24 division or that which unreasonably fails or refuses to
25 cooperate with the division in monitoring and enforcing
26 compliance with such standards.
27 (6) Develop and encourage apprenticeship programs.
28 (7) Cooperate with and assist local apprenticeship
29 sponsors in the development of their apprenticeship standards
30 and training requirements.
31 (8) Cooperate with and assist the Division of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Workforce Development of the Department of Education and
2 appropriate education institutions in the development of
3 viable apprenticeship and preapprenticeship programs.
4 (8)(9) Encourage registered apprenticeship programs to
5 grant consideration and credit to individuals completing
6 registered preapprenticeship programs.
7 (9)(10) Monitor registered apprenticeship programs to
8 ensure that they are being operated in compliance with all
9 applicable standards.
10 (10)(11) Supervise all apprenticeship programs which
11 are registered with the division.
12 (11) Ensure that minority and gender diversity are
13 considered in administering this program.
14 (12) Adopt rules as required to implement ss.
15 446.011-446.092 the provisions of this act.
16 Section 116. Section 446.045, Florida Statutes, is
17 amended to read:
18 446.045 State Apprenticeship Advisory Council.--
19 (1) For the purposes of this section, the term:
20 (a) "Joint employee organization" means an
21 apprenticeship sponsor who participates in a collective
22 bargaining agreement and represents employees.
23 (b) "Nonjoint employer organization" means an
24 apprenticeship sponsor who does not participate in a
25 collective bargaining agreement and who represents management.
26 (2)(a) There is created a State Apprenticeship
27 Advisory Council to be composed of 13 members, which shall be
28 advisory to the Division of Workforce Development. Jobs and
29 Benefits of the Department of Labor and Employment Security.
30 The purpose of the advisory council is to advise the division
31 and the council on matters relating to apprenticeship. The
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 advisory council may not establish policy, adopt rules, or
2 consider whether particular apprenticeship programs should be
3 approved by the division or bureau. Only those matters
4 contained in the notice of meeting provided by the division
5 shall be considered by the council at council meetings.
6 (b) The division director or the division director's
7 designee shall be ex officio chair of the State Apprenticeship
8 Advisory Council, but may not vote. The administrator of
9 industrial education of the Department of Education and the
10 state director of the Bureau of Apprenticeship and Training of
11 the United States Department of Labor shall be appointed a
12 nonvoting member members of the council. The Governor shall
13 appoint two three-member committees for the purpose of
14 nominating candidates for appointment to the council. One
15 nominating committee shall be composed of joint employee
16 organization representatives, and the other nominating
17 committee shall be composed of nonjoint employer organization
18 representatives. The joint employee organization nominating
19 committee shall submit to the Governor the names of three
20 persons for each vacancy occurring among the joint employee
21 organization members on the council, and the nonjoint employer
22 organization nominating committee likewise shall submit to the
23 Governor the names of three persons for each vacancy occurring
24 among the nonjoint employer organization members on the
25 council. The Governor shall appoint to the council five
26 members representing joint employee organizations and five
27 members representing nonjoint employer organizations from the
28 candidates nominated for each position by the respective
29 nominating committees. Each member shall represent industries
30 which have registered apprenticeship programs or in which a
31 need for apprenticeship programs has been demonstrated.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Initially, the Governor shall appoint four members for terms
2 of 4 years, two members for terms of 3 years, two members for
3 terms of 2 years, and two members for terms of 1 year.
4 Thereafter, members shall be appointed for 4-year terms. A
5 vacancy shall be filled for the remainder of the unexpired
6 term.
7 (c) The council shall meet at the call of the chair or
8 at the request of a majority of its membership, but at least
9 twice a year. A majority of the voting members shall
10 constitute a quorum, and the affirmative vote of a majority of
11 a quorum is necessary to take action.
12 (d) The Governor may remove any member for cause.
13 (e) The council shall maintain minutes of each
14 meeting. The division shall keep on file the minutes of each
15 meeting and shall make such minutes available to any
16 interested person.
17 (f) Members of the council shall serve without
18 compensation, but shall be entitled to receive reimbursement
19 for per diem and travel expenses as provided in s. 112.061.
20 Section 117. Subsection (3) of section 446.052,
21 Florida Statutes, is amended to read:
22 446.052 Preapprenticeship program.--
23 (3) The Division of Workforce Development, the
24 district school boards, and the community college district
25 boards of trustees, and the Division of Jobs and Benefits
26 shall work together with existing registered apprenticeship
27 programs so that individuals completing such preapprenticeship
28 programs may be able to receive credit towards completing a
29 registered apprenticeship program.
30 Section 118. Section 446.061, Florida Statutes, is
31 amended to read:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 446.061 Expenditures.--The Division of Workforce
2 Development of the Department of Education Jobs and Benefits
3 shall make necessary expenditures from the appropriation
4 provided by law for personal services, travel, printing,
5 equipment, office space, and supplies as provided by law.
6 Section 119. Subsection (1) of section 446.071,
7 Florida Statutes, is amended to read:
8 446.071 Apprenticeship sponsors.--
9 (1) One or more local apprenticeship sponsors shall be
10 approved in any trade or group of trades by the Division of
11 Workforce Development of the Department of Education Jobs and
12 Benefits, upon a determination of need, provided the
13 apprenticeship sponsor meets all of the standards established
14 by the division. "Need" refers to the need of state residents
15 for apprenticeship training. In the absence of proof to the
16 contrary, it shall be presumed that there is need for
17 apprenticeship and preapprenticeship training in each county
18 in this state.
19 Section 120. Section 446.075, Florida Statutes, is
20 amended to read:
21 446.075 Federal and state cooperation.--The Division
22 of Workforce Development of the Department of Education may
23 Jobs and Benefits of the Department of Labor and Employment
24 Security is authorized to make and enter into contracts with
25 the United States Department of Labor, and may to assume such
26 other functions and duties as are necessary for the division
27 to serve as registration agent for federal apprenticeship
28 registration purposes, except that the division may shall not
29 enforce any federal apprenticeship requirement unless the
30 division first adopts such requirement as a rule. All rules
31 adopted promulgated and administrative hearings afforded by
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the division under because of this section must shall be in
2 accordance with the requirements of chapter 120.
3 Section 121. Section 446.40, Florida Statutes, is
4 amended to read:
5 446.40 Rural Workforce Manpower Services Act; short
6 title.--Sections 446.40-446.44 may shall be cited as the
7 "Rural Workforce Manpower Services Act."
8 Section 122. Section 446.41, Florida Statutes, is
9 amended to read:
10 446.41 Legislative intent with respect to rural
11 workforce manpower training and development; establishment of
12 Rural Workforce Manpower Services Program.--In order that the
13 state may achieve its full economic and social potential,
14 consideration must be given to rural workforce manpower
15 training and development to enable its rural citizens as well
16 as urban citizens to develop their maximum capacities and
17 participate productively in our society. It is, therefore,
18 the policy of the state to make available those services
19 needed to assist individuals and communities in rural areas to
20 improve their quality of life. It is with a great sense of
21 urgency that a Rural Workforce Manpower Services Program is
22 established within the Agency for Workforce Innovation, under
23 the direction of Workforce Florida, Inc., Division of Jobs and
24 Benefits of the Department of Labor and Employment Security to
25 provide equal access to all manpower training programs
26 available to rural as well as urban areas.
27 Section 123. Section 446.42, Florida Statutes, is
28 amended to read:
29 446.42 General purpose of Rural Workforce Manpower
30 Services Program.--A trained labor force is an essential
31 ingredient for industrial as well as agricultural growth.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Therefore, it shall be the general responsibility of the Rural
2