CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 2050
Amendment No.
CHAMBER ACTION
Senate House
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11 Senators King and Klein moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 32, line 27, through page 42, line 8, delete
15 those lines
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17 and insert:
18 (2) Workforce Florida, Inc., is the principal
19 workforce policy organization for the state. The purpose of
20 the Workforce Florida, Inc., Development Board is to design
21 and implement strategies that help Floridians enter, remain
22 in, and advance in the workplace, becoming more highly skilled
23 and successful, benefiting these Floridians, Florida
24 businesses, and the entire state, and to assist in developing
25 the state's business climate.
26 (3)(2)(a) The Workforce Florida, Inc., Development
27 Board shall be governed by a 25-voting-member board of
28 directors whose membership and appointment must be consistent
29 with Pub. L. No. 105-220, Title I, s. 111(b), and contain five
30 three representatives of organized labor. Notwithstanding s.
31 114.05(1)(f) s. 114.05(f), the Governor may appoint members of
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SENATE AMENDMENT
Bill No. CS for SB 2050
Amendment No.
1 the current Workforce Development Board or the WAGES Program
2 State Board of Directors, established pursuant to chapter
3 96-175, Laws of Florida, to serve on the reconstituted board
4 as required by this section. By July 1, 2000 June 1, 1999, the
5 Workforce Development Board will provide to the Governor a
6 transition plan to incorporate the changes required by this
7 act and Pub. L. No. 105-220, specifying the timeframe and
8 manner of changes to the board. This plan shall govern the
9 transition, unless otherwise notified by the Governor. The
10 importance of minority and gender representation shall be
11 considered when making appointments to the board and the
12 geographic representation of board members shall also be
13 considered. Additional members may be appointed when necessary
14 to conform to the requirements of Pub. L. No. 105-220.
15 (b) The board of directors of the Workforce Florida,
16 Inc., Development Board shall be chaired by a board member
17 designated by the Governor pursuant to Pub. L. No. 105-220.
18 (c) Private-sector members appointed by the Governor
19 must be appointed for 4-year, staggered terms. Public-sector
20 members appointed by the Governor must be appointed to 4-year
21 terms. One-third of all representatives of businesses
22 required to be appointed by the Governor pursuant to Pub. L.
23 No. 105-220, must be recommended by the President of the
24 Senate from leaders nominated by statewide business
25 organizations. One-third of all representatives of businesses
26 required to be appointed by the Governor pursuant to Pub. L.
27 No. 105-220, must be recommended by the Speaker of the House
28 of Representatives from leaders nominated by statewide
29 business organizations. Members appointed by the Governor
30 serve at the pleasure of the Governor.
31 (d) The Governor shall appoint members to the board of
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SENATE AMENDMENT
Bill No. CS for SB 2050
Amendment No.
1 directors of the Workforce Florida, Inc., Development Board
2 within 30 days after the receipt of nominations.
3 (e) A member of the board of directors of the
4 Workforce Florida, Inc., Development Board may be removed by
5 the Governor for cause. Absence from three consecutive
6 meetings results in automatic removal. The chairperson chair
7 of the Workforce Florida, Inc., Development Board shall notify
8 the Governor of such absences.
9 (f) Representatives of businesses appointed to the
10 board of directors may not include providers of workforce
11 services.
12 (4)(3)(a) The president of the Workforce Florida,
13 Inc., Development Board shall be hired by the board of
14 directors of Workforce president of Enterprise Florida, Inc.,
15 and shall serve in the capacity of an executive director and
16 secretary of the Workforce Florida, Inc. Development Board.
17 (b) The board of directors of the Workforce Florida,
18 Inc., Development Board shall meet at least quarterly and at
19 other times upon call of its chairperson chair.
20 (c) A majority of the total current membership of the
21 board of directors of the Workforce Florida, Inc., Development
22 Board comprises a quorum of the board.
23 (d) A majority of those voting is required to organize
24 and conduct the business of the Workforce Development board,
25 except that a majority of the entire board of directors of the
26 Workforce Development Board is required to adopt or amend the
27 operational plan.
28 (e) Except as delegated or authorized by the board of
29 directors of the Workforce Florida, Inc. Development Board,
30 individual members have no authority to control or direct the
31 operations of the Workforce Florida, Inc., Development Board
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SENATE AMENDMENT
Bill No. CS for SB 2050
Amendment No.
1 or the actions of its officers and employees, including the
2 president.
3 (f) The board of directors of the Workforce
4 Development Board may delegate to its president those powers
5 and responsibilities it deems appropriate.
6 (f)(g) Members of the board of directors of the
7 Workforce Florida, Inc., Development Board and its committees
8 shall serve without compensation, but these members, the
9 president, and all employees of the Workforce Florida, Inc.,
10 Development Board may be reimbursed for all reasonable,
11 necessary, and actual expenses, as determined by the board of
12 directors of Enterprise Florida, Inc.
13 (g)(h) The board of directors of the Workforce
14 Florida, Inc., Development Board may establish an executive
15 committee consisting of the chair and at least two additional
16 board members selected by the board of directors. The
17 executive committee and the president shall have such
18 authority as the board of directors of the Workforce
19 Development Board delegates to it, except that the board of
20 directors may not delegate to the executive committee
21 authority to take action that requires approval by a majority
22 of the entire board of directors.
23 (h)(i) The chairperson board of directors of the
24 Workforce Development Board may appoint committees to fulfill
25 its responsibilities, to comply with federal requirements, or
26 to obtain technical assistance, and must incorporate members
27 of regional workforce development boards into its structure.
28 At a minimum, the chairperson shall establish the following
29 standing committees: the First Jobs/First Wages Council, the
30 Better Jobs/Better Wages Council, and the High Skills/High
31 Wages Council. For purposes of Pub. L. No. 105-220, the First
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SENATE AMENDMENT
Bill No. CS for SB 2050
Amendment No.
1 Jobs/First Wages Council shall serve as the state's youth
2 council.
3 (i)(j) Each member of the board of directors of the
4 Workforce Development Board who is not otherwise required to
5 file a financial disclosure pursuant to s. 8, Art. II of the
6 State Constitution or s. 112.3144 must file disclosure of
7 financial interests pursuant to s. 112.3145.
8 (5)(4) The Workforce Florida, Inc., Development Board
9 shall have all the powers and authority, not explicitly
10 prohibited by statute, necessary or convenient to carry out
11 and effectuate the purposes as determined by statute, Pub. L.
12 No. 105-220, and the Governor, as well as its functions,
13 duties, and responsibilities, including, but not limited to,
14 the following:
15 (a) Serving as the state's Workforce Investment Board
16 pursuant to Pub. L. No. 105-220. Unless otherwise required by
17 federal law, at least 90 percent of the workforce development
18 funding must go into direct customer service costs. Of the
19 allowable administrative overhead, appropriate amounts shall
20 be expended to procure independent job-placement evaluations.
21 (b) Providing oversight to ensure that the following
22 programs are administered by the Agency for Workforce
23 Innovation in compliance with approved plans:
24 1. Programs authorized under Title I of the Workforce
25 Investment Act of 1998, Pub. L. No. 105-220, with the
26 exception of programs funded directly by the United States
27 Department of Labor under Title I, s. 167.
28 2. Programs authorized under the Wagner-Peyser Act of
29 1933, as amended, 29 U.S.C. ss. 49 et seq.
30 3. Welfare-to-work grants administered by the United
31 States Department of Labor under Title IV, s. 403, of the
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SENATE AMENDMENT
Bill No. CS for SB 2050
Amendment No.
1 Social Security Act, as amended.
2 4. Activities authorized under Title II of the Trade
3 Act of 1974, as amended; 2 U.S.C. ss. 2271 et seq.; and the
4 Trade Adjustment Assistance Program.
5 5. Activities authorized under 38 U.S.C., chapter 41,
6 including job counseling, training, and placement for
7 veterans.
8 6. Employment and training activities carried out
9 under the Community Services Block Grant Act, 42 U.S.C. ss.
10 9901 et seq.
11 7. Employment and training activities carried out
12 under funds awarded to this state by the United States
13 Department of Housing and Urban Development.
14 8. Welfare-transition services funded by the Temporary
15 Assistance for Needy Families Program, created under the
16 Personal Responsibility and Work Opportunity Reconciliation
17 Act of 1996, as amended, Pub. L. No. 104-193, and Title IV, s.
18 403, of the Social Security Act, as amended.
19 9. Displaced homemaker programs, provided under s.
20 446.50.
21 10. The Florida Bonding Program, provided under Pub.
22 L. No. 97-300, s. 164(a)(1).
23 11. The Food Stamp Employment and Training Program,
24 provided under the Food Stamp Act of 1977, U.S.C. ss.
25 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
26 and the Hunger Prevention Act, Pub. L. No. 100-435.
27 12. The Quick-Response Training Program, provided
28 under ss. 288.046-288.047.
29 13. The Work Opportunity Tax Credit, provided under
30 the Tax and Trade Relief Extension Act of 1998, Pub. L. No.
31 105-277, and the Taxpayer Relief Act of 1997, Pub. L. 105-34.
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SENATE AMENDMENT
Bill No. CS for SB 2050
Amendment No.
1 14. Offender-placement services, provided under ss.
2 944.707-944.708.
3 15. Programs authorized under the National and
4 Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,
5 and the Service-America programs, the National Service Trust
6 programs, the Civilian Community Corps, the Corporation for
7 National and Community Service, the American Conservation and
8 Youth Service Corps, and the Points of Light Foundation
9 programs, if such programs are awarded to the state.
10 16. Other programs funded by federal or state
11 appropriations, as determined by the Legislature in the
12 General Appropriations Act or by law.
13 (c)(b) Contracting with public and private entities as
14 necessary to further the directives of this section. All
15 contracts executed by Workforce Florida, Inc., must include
16 specific performance expectations and deliverables., except
17 that any contract made with an organization represented on the
18 board of directors of Enterprise Florida, Inc., or on the
19 board of directors of the Workforce Development Board must be
20 approved by a two-thirds vote of the entire board of directors
21 of the Workforce Development Board, and, if applicable, the
22 board member representing such organization shall abstain from
23 voting. No more than 65 percent of the dollar value of all
24 contracts or other agreements entered into in any fiscal year,
25 exclusive of grant programs, shall be made with an
26 organization represented on the board of directors of
27 Enterprise Florida, Inc., or the board of directors of the
28 Workforce Development Board. An organization represented on
29 the board of directors of the Workforce Development Board or
30 on the board of directors of Enterprise Florida, Inc., may not
31 enter into a contract to receive a state-funded economic
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SENATE AMENDMENT
Bill No. CS for SB 2050
Amendment No.
1 development incentive or similar grant unless such incentive
2 award is specifically endorsed by a two-thirds vote of the
3 entire board of directors of the Workforce Development Board.
4 The member of the board of directors of the Workforce
5 Development Board representing such organization, if
6 applicable, shall abstain from voting and refrain from
7 discussing the issue with other members of the board. No more
8 than 50 percent of the dollar value of grants issued by the
9 board in any fiscal year may go to businesses associated with
10 members of the board of directors of the Workforce Development
11 Board.
12 (c) Providing an annual report to the board of
13 directors of Enterprise Florida, Inc., by November 1 that
14 includes a copy of an annual financial and compliance audit of
15 its accounts and records conducted by an independent certified
16 public accountant and performed in accordance with rules
17 adopted by the Auditor General.
18 (d) Notifying the Governor, the President of the
19 Senate, and the Speaker of the House of Representatives of
20 noncompliance by the Agency for Workforce Innovation or other
21 agencies or obstruction of the board's efforts by such
22 agencies. Upon such notification, the Executive Office of the
23 Governor shall assist agencies to bring them into compliance
24 with board objectives.
25 (e) Ensuring that the state does not waste valuable
26 training resources. Thus, the board shall direct that all
27 resources, including equipment purchased for training
28 Workforce Investment Act clients, be available for use at all
29 times by eligible populations as first priority users. At
30 times when eligible populations are not available, such
31 resources shall be used for any other state authorized
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Amendment No.
1 education and training purpose.
2 (f) Archiving records with the Bureau of Archives and
3 Records Management of the Division of Library and Information
4 Services of the Department of State.
5 (5) Notwithstanding s. 216.351, to allow time for
6 documenting program performance, funds allocated for the
7 incentives in s. 239.249 must be carried forward to the next
8 fiscal year and must be awarded for the current year's
9 performance, unless federal law requires the funds to revert
10 at the year's end.
11 (6) The Workforce Florida, Inc., Development Board may
12 take action that it deems necessary to achieve the purposes of
13 this section, including, but not limited to: and consistent
14 with the policies of the board of directors of Enterprise
15 Florida, Inc., in partnership with private enterprises, public
16 agencies, and other organizations. The Workforce Development
17 Board shall advise and make recommendations to the board of
18 directors of Enterprise Florida, Inc., and through that board
19 of directors to the State Board of Education and the
20 Legislature concerning action needed to bring about the
21 following benefits to the state's social and economic
22 resources:
23 (a) Creating a state employment, education, and
24 training policy that ensures that programs to prepare workers
25 are responsive to present and future business and industry
26 needs and complement the initiatives of Enterprise Florida,
27 Inc.
28 (b) Establishing policy direction for a funding system
29 that provides incentives to improve the outcomes of vocational
30 education programs, and of registered apprenticeship and
31 work-based learning programs, and that focuses resources on
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Amendment No.
1 occupations related to new or emerging industries that add
2 greatly to the value e of the state's economy.
3 (c) Establishing a comprehensive policy related
4 approach to the education and training of target populations
5 such as those who have disabilities, are economically
6 disadvantaged, receive public assistance, are not proficient
7 in English, or are dislocated workers. This approach should
8 ensure the effective use of federal, state, local, and private
9 resources in reducing the need for public assistance.
10 (d) Designating The designation of Institutes of
11 Applied Technology composed of public and private
12 postsecondary institutions working together with business and
13 industry to ensure that technical and vocational education
14 programs use the most advanced technology and instructional
15 methods available and respond to the changing needs of
16 business and industry. Of the funds reserved for activities of
17 the Workforce Investment Act at the state level, $500,000
18 shall be reserved for an institute of applied technology in
19 construction excellence, which shall be a demonstration
20 project on the development of such institutes. The institute,
21 once established, shall contract with the Workforce
22 Development Board to provide a coordinated approach to
23 workforce development in this industry.
24 (e) Providing policy direction for a system to project
25 and evaluate labor market supply and demand using the results
26 of the Workforce Estimating Occupational Forecasting
27 Conference created in s. 216.136 and the career education
28 performance standards identified under s. 239.233.
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SENATE AMENDMENT
Bill No. CS for SB 2050
Amendment No.
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, lines 18-23, delete those lines
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5 and insert:
6 policy organization for the state; providing
7 for a board of directors; providing for the
8 appointment of a president of Workforce
9 Florida, Inc.; providing duties of the board of
10 directors; specifying programs to be under the
11 oversight of Workforce Florida, Inc.;
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