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 No officer, director, employee, or consultant of such
11
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 corporation shall be or shall have been for the two years
2 immediately preceding his or her appointment, election,
3 selection, or retention, a member of the Legislature,
4 appointed state officer, statewide elected officer, or
5 employee as defined in s. 112.3145.
6 (2) Workforce Florida, Inc., is the principal
7 workforce policy organization for the state. The purpose of
8 the Workforce Florida, Inc., Development Board is to design
9 and implement strategies that help Floridians enter, remain
10 in, and advance in the workplace, becoming more highly skilled
11 and successful, benefiting these Floridians, Florida
12 businesses, and the entire state, and to assist in developing
13 the state's business climate.
14 (3)(2)(a) The Workforce Florida, Inc., Development
15 Board shall be governed by a 25-voting-member board of
16 directors, the number of directors to be determined by the
17 Governor, whose membership and appointment must be consistent
18 with Pub. L. No. 105-220, Title I, s. 111(b), and contain one
19 member representing the licensed nonpublic postsecondary
20 educational institutions authorized as individual training
21 account providers, one member from the staffing service
22 industry, and two three representatives of organized labor who
23 shall be appointed by the Governor. Notwithstanding s.
24 114.05(1)(f) s. 114.05(f), the Governor may appoint remaining
25 members to Workforce Florida, Inc., from of the current
26 Workforce Development Board and the WAGES Program State Board
27 of Directors, established pursuant to chapter 96-175, Laws of
28 Florida, to serve on the reconstituted board as required by
29 this section. By July 1, 2000 June 1, 1999, the Workforce
30 Development Board will provide to the Governor a transition
31 plan to incorporate the changes required by this act and Pub.
12
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 L. No. 105-220, specifying the timeframe and manner of changes
2 to the board. This plan shall govern the transition, unless
3 otherwise notified by the Governor. The importance of
4 minority, and gender, and geographic representation shall be
5 considered when making appointments to the board. Additional
6 members may be appointed when necessary to conform to the
7 requirements of Pub. L. No. 105-220.
8 (b) The board of directors of the Workforce Florida,
9 Inc., Development Board shall be chaired by a board member
10 designated by the Governor pursuant to Pub. L. No. 105-220.
11 (c) Private-sector Members appointed by the Governor
12 must be appointed for 2-year 4-year, staggered terms.
13 Public-sector members appointed by the Governor must be
14 appointed to 4-year terms. Private sector representatives of
15 businesses, appointed by the Governor pursuant to Pub. L. No.
16 105-220, shall constitute a majority of the membership of the
17 board. Private sector representatives shall be appointed from
18 nominations received by the Governor from any member of the
19 Legislature. A member of the Legislature may submit more than
20 one board nomination to the Governor. Private sector
21 appointments to the board shall be representative of the
22 business community of this state and no less than one-half of
23 the appointments to the board must be representative of small
24 businesses. Members appointed by the Governor serve at the
25 pleasure of the Governor and are eligible for reappointment.
26 (d) The Governor shall appoint members to the board of
27 directors of the Workforce Florida, Inc., Development Board
28 within 30 days after the receipt of a sufficient number of
29 nominations.
30 (e) A member of the board of directors of the
31 Workforce Florida, Inc., Development Board may be removed by
13
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the Governor for cause. Absence from three consecutive
2 meetings results in automatic removal. The chair of the
3 Workforce Florida, Inc., Development Board shall notify the
4 Governor of such absences.
5 (f) Representatives of businesses appointed to the
6 board of directors may not include providers of workforce
7 services.
8 (4)(3)(a) The president of the Workforce Florida,
9 Inc., Development Board shall be hired by the board of
10 directors of Workforce president of Enterprise Florida, Inc.,
11 and shall serve at the pleasure of the Governor in the
12 capacity of an executive director and secretary of the
13 Workforce Florida, Inc. Development Board.
14 (b) The board of directors of the Workforce Florida,
15 Inc., Development Board shall meet at least quarterly and at
16 other times upon call of its chair.
17 (c) A majority of the total current membership of the
18 board of directors of the Workforce Florida, Inc., Development
19 Board comprises a quorum of the board.
20 (d) A majority of those voting is required to organize
21 and conduct the business of the Workforce Development board,
22 except that a majority of the entire board of directors of the
23 Workforce Development Board is required to adopt or amend the
24 operational plan.
25 (e) Except as delegated or authorized by the board of
26 directors of the Workforce Florida, Inc. Development Board,
27 individual members have no authority to control or direct the
28 operations of the Workforce Florida, Inc., Development Board
29 or the actions of its officers and employees, including the
30 president.
31 (f) The board of directors of the Workforce
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 delegate to its president those powers
2 and responsibilities it deems appropriate.
3 (f)(g) Members of the board of directors of the
4 Workforce Florida, Inc., Development Board and its committees
5 shall serve without compensation, but these members, the
6 president, and all employees of the Workforce Florida, Inc.,
7 Development Board may be reimbursed for all reasonable,
8 necessary, and actual expenses pursuant to s. 112.061, as
9 determined by the board of directors of Enterprise Florida,
10 Inc.
11 (g)(h) The board of directors of the Workforce
12 Florida, Inc., Development Board may establish an executive
13 committee consisting of the chair and at least six two
14 additional board members selected by the board of directors,
15 one of whom must be a representative of organized labor. The
16 executive committee and the president shall have such
17 authority as the board of directors of the Workforce
18 Development Board delegates to it, except that the board of
19 directors may not delegate to the executive committee
20 authority to take action that requires approval by a majority
21 of the entire board of directors.
22 (h)(i) The chair board of directors of the Workforce
23 Development Board may appoint committees to fulfill its
24 responsibilities, to comply with federal requirements, or to
25 obtain technical assistance, and must incorporate members of
26 regional workforce development boards into its structure. At a
27 minimum, the chair shall establish the following standing
28 councils: the First Jobs/First Wages Council, the Better
29 Jobs/Better Wages Council, and the High Skills/High Wages
30 Council. For purposes of Pub. L. No. 105-220, the First
31 Jobs/First Wages Council shall serve as the state's youth
15
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 council.
2 (i)(j) Each member of the board of directors of the
3 Workforce Development Board who is not otherwise required to
4 file a financial disclosure pursuant to s. 8, Art. II of the
5 State Constitution or s. 112.3144 must file disclosure of
6 financial interests pursuant to s. 112.3145.
7 (5)(4) The Workforce Florida, Inc., Development Board
8 shall have all the powers and authority, not explicitly
9 prohibited by statute, necessary or convenient to carry out
10 and effectuate the purposes as determined by statute, Pub. L.
11 No. 105-220, and the Governor, as well as its functions,
12 duties, and responsibilities, including, but not limited to,
13 the following:
14 (a) Serving as the state's Workforce Investment Board
15 pursuant to Pub. L. No. 105-220. Unless otherwise required by
16 federal law, at least 90 percent of the workforce development
17 funding must go into direct customer service costs. Of the
18 allowable administrative overhead, appropriate amounts shall
19 be expended to procure independent job-placement evaluations.
20 (b) Providing oversight and policy direction to ensure
21 that the following programs are administered by the Agency for
22 Workforce Innovation in compliance with approved plans and
23 under contract with Workforce Florida, Inc.:
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
16
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
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. Matching funds and in-kind
29 contributions that are provided by clients of the
30 Quick-Response Training Program shall count toward the
31 requirements of s. 288.90151(5)(d), pertaining to the return
17
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 on investment from activities of Enterprise Florida, Inc.
2 13. The Work Opportunity Tax Credit, provided under
3 the Tax and Trade Relief Extension Act of 1998, Pub. L. No.
4 105-277, and the Taxpayer Relief Act of 1997, Pub. L. 105-34.
5 14. Offender placement services, provided under ss.
6 944.707-944.708.
7 15. Programs authorized under the National and
8 Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,
9 and the Service-America programs, the National Service Trust
10 programs, the Civilian Community Corps, the Corporation for
11 National and Community Service, the American Conservation and
12 Youth Service Corps, and the Points of Light Foundation
13 programs, if such programs are awarded to the state.
14 (c)(b) Contracting with public and private entities as
15 necessary to further the directives of this section. All
16 contracts executed by Workforce Florida, Inc., must include
17 specific performance expectations and deliverables., except
18 that any contract made with an organization represented on the
19 board of directors of Enterprise Florida, Inc., or on the
20 board of directors of the Workforce Development Board must be
21 approved by a two-thirds vote of the entire board of directors
22 of the Workforce Development Board, and, if applicable, the
23 board member representing such organization shall abstain from
24 voting. No more than 65 percent of the dollar value of all
25 contracts or other agreements entered into in any fiscal year,
26 exclusive of grant programs, shall be made with an
27 organization represented on the board of directors of
28 Enterprise Florida, Inc., or the board of directors of the
29 Workforce Development Board. An organization represented on
30 the board of directors of the Workforce Development Board or
31 on the board of directors of Enterprise Florida, Inc., may not
18
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 enter into a contract to receive a state-funded economic
2 development incentive or similar grant unless such incentive
3 award is specifically endorsed by a two-thirds vote of the
4 entire board of directors of the Workforce Development Board.
5 The member of the board of directors of the Workforce
6 Development Board representing such organization, if
7 applicable, shall abstain from voting and refrain from
8 discussing the issue with other members of the board. No more
9 than 50 percent of the dollar value of grants issued by the
10 board in any fiscal year may go to businesses associated with
11 members of the board of directors of the Workforce Development
12 Board.
13 (c) Providing an annual report to the board of
14 directors of Enterprise Florida, Inc., by November 1 that
15 includes a copy of an annual financial and compliance audit of
16 its accounts and records conducted by an independent certified
17 public accountant and performed in accordance with rules
18 adopted by the Auditor General.
19 (d) Notifying the Governor, the President of the
20 Senate, and the Speaker of the House of Representatives of
21 noncompliance by the Agency for Workforce Innovation or other
22 agencies or obstruction of the board's efforts by such
23 agencies. Upon such notification, the Executive Office of the
24 Governor shall assist agencies to bring them into compliance
25 with board objectives.
26 (e) Ensuring that the state does not waste valuable
27 training resources. Thus, the board shall direct that all
28 resources, including equipment purchased for training
29 Workforce Investment Act clients, be available for use at all
30 times by eligible populations as first priority users. At
31 times when eligible populations are not available, such
19
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 resources shall be used for any other state authorized
2 education and training purpose.
3 (f) Archiving records with the Bureau of Archives and
4 Records Management of the Division of Library and Information
5 Services of the Department of State.
6 (5) Notwithstanding s. 216.351, to allow time for
7 documenting program performance, funds allocated for the
8 incentives in s. 239.249 must be carried forward to the next
9 fiscal year and must be awarded for the current year's
10 performance, unless federal law requires the funds to revert
11 at the year's end.
12 (6) The Workforce Florida, Inc., Development Board may
13 take action that it deems necessary to achieve the purposes of
14 this section, including, but not limited to: and consistent
15 with the policies of the board of directors of Enterprise
16 Florida, Inc., in partnership with private enterprises, public
17 agencies, and other organizations. The Workforce Development
18 Board shall advise and make recommendations to the board of
19 directors of Enterprise Florida, Inc., and through that board
20 of directors to the State Board of Education and the
21 Legislature concerning action needed to bring about the
22 following benefits to the state's social and economic
23 resources:
24 (a) Creating a state employment, education, and
25 training policy that ensures that programs to prepare workers
26 are responsive to present and future business and industry
27 needs and complement the initiatives of Enterprise Florida,
28 Inc.
29 (b) Establishing policy direction for a funding system
30 that provides incentives to improve the outcomes of vocational
31 education programs, and of registered apprenticeship and
20
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 work-based learning programs, and that focuses resources on
2 occupations related to new or emerging industries that add
3 greatly to the value of the state's economy.
4 (c) Establishing a comprehensive policy related
5 approach to the education and training of target populations
6 such as those who have disabilities, are economically
7 disadvantaged, receive public assistance, are not proficient
8 in English, or are dislocated workers. This approach should
9 ensure the effective use of federal, state, local, and private
10 resources in reducing the need for public assistance.
11 (d) Designating The designation of Institutes of
12 Applied Technology composed of public and private
13 postsecondary institutions working together with business and
14 industry to ensure that technical and vocational education
15 programs use the most advanced technology and instructional
16 methods available and respond to the changing needs of
17 business and industry. Of the funds reserved for activities of
18 the Workforce Investment Act at the state level, $500,000
19 shall be reserved for an institute of applied technology in
20 construction excellence, which shall be a demonstration
21 project on the development of such institutes. The institute,
22 once established, shall contract with the Workforce
23 Development Board to provide a coordinated approach to
24 workforce development in this industry.
25 (e) Providing policy direction for a system to project
26 and evaluate labor market supply and demand using the results
27 of the Workforce Estimating Occupational Forecasting
28 Conference created in s. 216.136 and the career education
29 performance standards identified under s. 239.233.
30 (f) Reviewing A review of the performance of public
31 programs that are responsible for economic development,
21
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 education, employment, and training. The review must include
2 an analysis of the return on investment of these programs.
3 (g) Expanding the occupations identified by the
4 Workforce Estimating Conference to meet needs created by local
5 emergencies or plant closings or to capture occupations within
6 emerging industries.
7 (7) By December 1 of each year, Workforce Enterprise
8 Florida, Inc., shall submit to the Governor, the President of
9 the Senate, the Speaker of the House of Representatives, the
10 Senate Minority Leader, and the House Minority Leader a
11 complete and detailed annual report by the Workforce
12 Development Board setting forth:
13 (a) All audits, including the audit in subsection (8),
14 if conducted.
15 (b) The operations and accomplishments of the
16 partnership including the programs or entities listed in
17 subsection (6).
18 (8) The Auditor General may, pursuant to his or her
19 own authority or at the direction of the Legislative Auditing
20 Committee, conduct an audit of the Workforce Florida, Inc.,
21 Development Board or the programs or entities created by the
22 Workforce Florida, Inc. Development Board. The Office of
23 Program Policy Analysis and Government Accountability,
24 pursuant to its authority or at the direction of the
25 Legislative Auditing Committee, may review the systems and
26 controls related to performance outcomes and quality of
27 services of Workforce Florida, Inc.
28 (9) The Workforce Florida, Inc. Development Board, in
29 collaboration with the regional workforce development boards
30 and appropriate state agencies and local public and private
31 service providers, and in consultation with the Office of
22
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Program Policy Analysis and Government Accountability, shall
2 establish uniform measures and standards to gauge the
3 performance of the workforce development strategy. These
4 measures and standards must be organized into three outcome
5 tiers.
6 (a) The first tier of measures must be organized to
7 provide benchmarks for systemwide outcomes. The Workforce
8 Florida, Inc., Development Board must, in collaboration with
9 the Office of Program Policy Analysis and Government
10 Accountability, establish goals for the tier-one outcomes.
11 Systemwide outcomes may include employment in occupations
12 demonstrating continued growth in wages; continued employment
13 after 3, 6, 12, and 24 months; reduction in and elimination of
14 public assistance reliance; job placement; employer
15 satisfaction; and positive return on investment of public
16 resources.
17 (b) The second tier of measures must be organized to
18 provide a set of benchmark outcomes for the initiatives of the
19 First Jobs/First Wages Council, the Better Jobs/Better Wages
20 Council, and the High Skills/High Wages Council one-stop
21 Career Centers and for each of the strategic components of the
22 workforce development strategy. A set of standards and
23 measures must be developed for one-stop Career Centers, youth
24 employment activities, WAGES, and High Skills/High Wages,
25 targeting the specific goals of each particular strategic
26 component. Cost per entered employment, earnings at placement,
27 retention in employment, job placement, and entered employment
28 rate must be included among the performance outcome measures.
29 1. Appropriate measures for one-stop Career Centers
30 may include direct job placements at minimum wage, at a wage
31 level established by the Occupational Forecasting Conference,
23
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 and at a wage level above the level established by the
2 Occupational Forecasting Conference.
3 2. Appropriate measures for youth employment
4 activities may include the number of students enrolling in and
5 completing work-based programs, including apprenticeship
6 programs; job placement rate; job retention rate; wage at
7 placement; and wage growth.
8 3. WAGES measures may include job placement rate, job
9 retention rate, wage at placement, wage growth, reduction and
10 elimination of reliance on public assistance, and savings
11 resulting from reduced reliance on public assistance.
12 4. High Skills/High Wages measures may include job
13 placement rate, job retention rate, wage at placement, and
14 wage growth.
15 (c) The third tier of measures must be the operational
16 output measures to be used by the agency implementing
17 programs, and it may be specific to federal requirements. The
18 tier-three measures must be developed by the agencies
19 implementing programs, and the Workforce Florida, Inc.,
20 Development Board may be consulted in this effort. Such
21 measures must be reported to the Workforce Florida, Inc.,
22 Development Board by the appropriate implementing agency.
23 (d) Regional differences must be reflected in the
24 establishment of performance goals and may include job
25 availability, unemployment rates, average worker wage, and
26 available employable population. All performance goals must be
27 derived from the goals, principles, and strategies established
28 in the Workforce Florida Act of 1996.
29 (e) Job placement must be reported pursuant to s.
30 229.8075. Positive outcomes for providers of education and
31 training must be consistent with ss. 239.233 and 239.245.
24
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (f) The uniform measures of success that are adopted
2 by the Workforce Florida, Inc., Development Board or the
3 regional workforce development boards must be developed in a
4 manner that provides for an equitable comparison of the
5 relative success or failure of any service provider in terms
6 of positive outcomes.
7 (g) By December 1 October 15 of each year, the
8 Workforce Florida, Inc., Development Board shall provide the
9 Legislature with a report detailing the performance of
10 Florida's workforce development system, as reflected in the
11 three-tier measurement system. Additionally, this report must
12 benchmark Florida outcomes, at all tiers, against other states
13 that collect data similarly.
14 (10) The workforce development strategy for the state
15 shall be designed by Workforce Florida, Inc., and shall be
16 centered around the strategies of First Jobs/First Wages,
17 Better Jobs/Better Wages, and High Skills/High Wages.
18 (a) First Jobs/First Wages is the state's strategy to
19 promote successful entry into the workforce through education
20 and workplace experience that lead to self-sufficiency and
21 career advancement. The components of the strategy include
22 efforts that enlist business, education, and community support
23 for students to achieve long-term career goals, ensuring that
24 young people have the academic and occupational skills
25 required to succeed in the workplace.
26 (b) Better Jobs/Better Wages is the state's strategy
27 for assisting employers in upgrading or updating the skills of
28 their employees and for assisting incumbent workers in
29 improving their performance in their current jobs or acquiring
30 the education or training needed to secure a better job with
31 better wages.
25
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (c) High Skills/High Wages is the state's strategy for
2 aligning education and training programs with high-paying,
3 high-demand occupations that advance individuals' careers,
4 build a more skilled workforce, and enhance Florida's efforts
5 to attract and expand job-creating businesses.
6 (11) The workforce development system shall use a
7 charter-process approach aimed at encouraging local design and
8 control of service delivery and targeted activities. Workforce
9 Florida, Inc., shall be responsible for granting charters to
10 regional workforce boards that have a membership consistent
11 with the requirements of federal and state law and that have
12 developed a plan consistent with the state's workforce
13 development strategy. The plan must specify methods for
14 allocating the resources and programs in a manner that
15 eliminates unwarranted duplication, minimizes administrative
16 costs, meets the existing job market demands and the job
17 market demands resulting from successful economic development
18 activities, ensures access to quality workforce development
19 services for all Floridians, allows for pro rata or partial
20 distribution of benefits and services, prohibits the creation
21 of a waiting list or other indication of an unserved
22 population, serves as many individuals as possible within
23 available resources, and maximizes successful outcomes. As
24 part of the charter process, Workforce Florida, Inc., shall
25 establish incentives for effective coordination of federal and
26 state programs, outline rewards for successful job placements,
27 and institute collaborative approaches among local service
28 providers. Local decisionmaking and control shall be important
29 components for inclusion in this charter application.
30 Section 5. Section 445.005, Florida Statutes, is
31 created to read:
26
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 445.005 First Jobs/First Wages, Better Jobs/Better
2 Wages, and High Skills/High Wages Councils of Workforce
3 Florida, Inc.--
4 (1) The chair of Workforce Florida, Inc., shall
5 establish by October 1, 2000, three standing councils, which
6 shall be known as the First Jobs/First Wages Council, the
7 Better Jobs/Better Wages Council, and the High Skills/High
8 Wages Council.
9 (a) The chair of Workforce Florida, Inc., shall
10 determine the number of members to serve on each council.
11 (b) Each council shall be composed of individuals
12 appointed by the chair of Workforce Florida, Inc., from the
13 membership of the board of directors and individuals from
14 outside Workforce Florida, Inc., who possess relevant
15 experience or expertise in the subject area of the council. A
16 majority of the membership of each council must be members of
17 the board of directors of Workforce Florida, Inc.
18 (c) The chair of Workforce Florida, Inc., shall name a
19 chair for each council from among the members of the council
20 who are also members of the board of directors.
21 (d) Each council may meet at the call of its chair or
22 at the direction of the board of directors of Workforce
23 Florida, Inc., but shall meet at least quarterly.
24 (2) The First Jobs/First Wages Council shall develop
25 strategies for approval by the board of directors of Workforce
26 Florida, Inc., which promote the successful entry of
27 individuals, including young people and adults working for the
28 first time, into the workforce. The council shall advise the
29 board of directors and make recommendations on implementing
30 programs and expending funds in support of the First
31 Jobs/First Wages Program's strategies. The council shall serve
27
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 as the state's youth council for purposes of Pub. L. No.
2 105-220.
3 (3) The Better Jobs/Better Wages Council shall develop
4 strategies for approval by the board of directors of Workforce
5 Florida, Inc., which promote the ability of adult workers to
6 build careers by obtaining and retaining jobs with potential
7 for advancement. The mission of the council includes
8 developing strategies that promote the ability of participants
9 in the welfare transition program to succeed in the workforce
10 and avoid a return to dependence upon cash assistance from the
11 government. The council shall advise the board of directors
12 and make recommendations on implementing programs and
13 expending funds in support of the Better Jobs/Better Wages
14 Program's strategies.
15 (4) The High Skills/High Wages Council shall develop
16 strategies for approval by the board of directors of Workforce
17 Florida, Inc., which align the education and training programs
18 with high-paying, high-demand occupations that advance
19 individuals' careers, build a more skilled workforce, and
20 enhance the state's efforts to attract and expand job-creating
21 businesses. The council shall advise the board of directors
22 and make recommendations on implementing programs and
23 expending funds in support of the High-Skills/High-Wages
24 Program's strategies.
25 Section 6. Section 445.006, Florida Statutes, is
26 created to read:
27 445.006 Strategic plan for workforce development.--
28 (1) Workforce Florida, Inc., in conjunction with state
29 and local partners in the workforce system, shall develop a
30 strategic plan for workforce, with the goal of producing
31 skilled employees for employers in the state. The strategic
28
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 plan shall be submitted to the Governor, the President of the
2 Senate, and the Speaker of the House of Representatives by
3 February 1, 2001. The strategic plan shall be updated or
4 modified by January 1 of each year thereafter. The plan must
5 include, but need not be limited to, strategies for:
6 (a) Fulfilling the workforce system goals and
7 strategies prescribed in s. 445.004;
8 (b) Aggregating, integrating, and leveraging workforce
9 system resources;
10 (c) Coordinating the activities of federal, state, and
11 local workforce system partners;
12 (d) Addressing the workforce needs of small
13 businesses; and
14 (e) Fostering the participation of rural communities
15 and distressed urban cores in the workforce system.
16 (2) As a component of the strategic plan required
17 under this section, Workforce Florida, Inc., shall develop a
18 workforce marketing plan, with the goal of educating
19 individuals inside and outside the state about the employment
20 market and employment conditions in the state. The marketing
21 plan must include, but need not be limited to, strategies for:
22 (a) Distributing information to secondary and
23 postsecondary education institutions about the diversity of
24 businesses in the state, specific clusters of businesses or
25 business sectors in the state, and occupations by industry
26 which are in demand by employers in the state;
27 (b) Distributing information about and promoting use
28 of the Internet-based job matching and labor market
29 information system authorized under s. 445.011; and
30 (c) Coordinating with Enterprise Florida, Inc., to
31 ensure that workforce marketing efforts complement the
29
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 economic development marketing efforts of the state.
2 (3) The strategic plan must include performance
3 measures, standards, measurement criteria, and contract
4 guidelines in the following areas with respect to participants
5 in the welfare transition program:
6 (a) Work participation rates, by type of activity;
7 (b) Caseload trends;
8 (c) Recidivism;
9 (d) Participation in diversion and relocation
10 assistance programs;
11 (e) Employment retention;
12 (f) Wage growth; and
13 (g) Other issues identified by the board of directors
14 of Workforce Florida, Inc.
15 (4) The strategic plan must include criteria for
16 allocating workforce resources to regional workforce boards.
17 With respect to allocating funds to serve customers of the
18 welfare transition program, such criteria may include
19 weighting factors that indicate the relative degree of
20 difficulty associated with securing and retaining employment
21 placements for specific subsets of the welfare transition
22 caseload.
23 (5)(a) The strategic plan must include a
24 performance-based payment structure to be used for all welfare
25 transition program customers which takes into account:
26 1. The degree of difficulty associated with placement
27 and retention;
28 2. The quality of the placement with respect to
29 salary, benefits, and opportunities for advancement; and
30 3. The employee's retention in the placement.
31 (b) The payment structure must provide for bonus
30
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 payments of up to 10 percent of the contract amount to
2 providers that achieve notable success in achieving contract
3 objectives, including, but not limited to, success in
4 diverting families in which there is an adult who is subject
5 to work requirements from receiving cash assistance and in
6 achieving long-term job retention and wage growth with respect
7 to welfare transition program customers. A service provider
8 shall be paid a maximum of one payment per service for each
9 participant during any given 6-month period.
10 (6)(a) The strategic plan must include strategies that
11 are designed to prevent or reduce the need for a person to
12 receive public assistance. These strategies must include:
13 1. A teen pregnancy prevention component that
14 includes, but is not limited to, a plan for implementing the
15 Florida Education Now and Babies Later (ENABL) program under
16 s. 411.242 and the Teen Pregnancy Prevention Community
17 Initiative within each county of the services area in which
18 the teen birth rate is higher than the state average;
19 2. A component that encourages creation of
20 community-based welfare prevention and reduction initiatives
21 that increase support provided by noncustodial parents to
22 their welfare-dependent children and are consistent with
23 program and financial guidelines developed by Workforce
24 Florida, Inc., and the Commission on Responsible Fatherhood.
25 These initiatives may include, but are not limited to,
26 improved paternity establishment, work activities for
27 noncustodial parents, programs aimed at decreasing
28 out-of-wedlock pregnancies, encouraging involvement of fathers
29 with their children including court-ordered supervised
30 visitation, and increasing child support payments;
31 3. A component that encourages formation and
31
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 maintenance of two-parent families through, among other
2 things, court-ordered supervised visitation;
3 4. A component that fosters responsible fatherhood in
4 families receiving assistance; and
5 5. A component that fosters provision of services that
6 reduce the incidence and effects of domestic violence on women
7 and children in families receiving assistance.
8 (b) Specifications for welfare transition program
9 services that are to be delivered include, but are not limited
10 to:
11 1. Initial assessment services prior to an individual
12 being placed in an employment service, to determine whether
13 the individual should be referred for relocation, up-front
14 diversion, education, or employment placement. Assessment
15 services shall be paid on a fixed unit rate and may not
16 provide educational or employment placement services.
17 2. Referral of participants to diversion and
18 relocation programs.
19 3. Preplacement services, including assessment,
20 staffing, career plan development, work orientation, and
21 employability skills enhancement.
22 4. Services necessary to secure employment for a
23 welfare transition program participant.
24 5. Services necessary to assist participants in
25 retaining employment, including, but not limited to, remedial
26 education, language skills, and personal and family
27 counseling.
28 6. Desired quality of job placements with regard to
29 salary, benefits, and opportunities for advancement.
30 7. Expectations regarding job retention.
31 8. Strategies to ensure that transition services are
32
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 provided to participants for the mandated period of
2 eligibility.
3 9. Services that must be provided to the participant
4 throughout an education or training program, such as
5 monitoring attendance and progress in the program.
6 10. Services that must be delivered to welfare
7 transition program participants who have a deferral from work
8 requirements but wish to participate in activities that meet
9 federal participation requirements.
10 11. Expectations regarding continued participant
11 awareness of available services and benefits.
12 Section 7. Section 288.9953, Florida Statutes, is
13 transferred, renumbered as section 445.007, Florida Statutes,
14 and amended to read:
15 445.007 288.9953 Regional Workforce Development
16 Boards.--
17 (1) One regional workforce development board shall be
18 appointed in each designated service delivery area and shall
19 serve as the local workforce investment board pursuant to Pub.
20 L. No. 105-220. The membership of the board shall be
21 consistent with Pub. L. No. 105-220, Title I, s. 117(b), and
22 contain one representative from a nonpublic postsecondary
23 educational institution that is an authorized individual
24 training account provider within the region and confers
25 certificates and diplomas, one representative from a nonpublic
26 postsecondary educational institution that is an authorized
27 individual training account provider within the region and
28 confers degrees, and three representatives of organized labor.
29 Individuals serving as members of regional workforce
30 development boards or local WAGES coalitions, as of June 30,
31 2000, are eligible for appointment to regional workforce
33
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 boards, pursuant to this section. The importance of minority
2 and gender representation shall be considered when making
3 appointments to the board. If the regional workforce board
4 enters into a contract with an organization or individual
5 represented on the board of directors, the contract must be
6 approved by a two-thirds vote of the entire board, and the
7 board member who could benefit financially from the
8 transaction must abstain from voting on the contract. A board
9 member must disclose any such conflict in a manner that is
10 consistent with the procedures outlined in s. 112.3143. A
11 member of a regional workforce development board may not vote
12 on a matter under consideration by the board regarding the
13 provision of services by such member, or by an entity that
14 such member represents; vote on a matter that would provide
15 direct financial benefit to such member or the immediate
16 family of such member; or engage in any other activity
17 determined by the Governor to constitute a conflict of
18 interest as specified in the state plan.
19 (2) The Workforce Florida, Inc., Development Board
20 will determine the timeframe and manner of changes to the
21 regional workforce development boards as required by this
22 chapter act and Pub. L. No. 105-220.
23 (3) The Workforce Florida, Inc., Development Board
24 shall assign staff to meet with each regional workforce
25 development board annually to review the board's performance
26 and to certify that the board is in compliance with applicable
27 state and federal law.
28 (4) In addition to the duties and functions specified
29 by the Workforce Florida, Inc., Development Board and by the
30 interlocal agreement approved by the local county or city
31 governing bodies, the regional workforce development board
34
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 shall have the following responsibilities:
2 (a) Develop, submit, ratify, or amend the local plan
3 pursuant to Pub. L. No. 105-220, Title I, s. 118 and the
4 provisions of this act.
5 (b) Conclude agreements necessary to designate the
6 fiscal agent and administrative entity. A public or private
7 entity, including an entity established pursuant to s. 163.01,
8 which makes a majority of the appointments to a regional
9 workforce board may serve as the board's administrative entity
10 if approved by Workforce Florida, Inc. The fiscal agent or
11 administrative entity shall administer funds according to
12 specifications in the agreement with Workforce Florida, Inc.
13 (c) Complete assurances required for the Workforce
14 Development Board charter process of Workforce Florida, Inc.,
15 and provide ongoing oversight related to administrative costs,
16 duplicated services, career counseling, economic development,
17 equal access, compliance and accountability, and performance
18 outcomes.
19 (d) Oversee the one-stop delivery system Career
20 Centers in its local area.
21 (5) The Workforce Florida, Inc., Development Board
22 shall implement a training program for the regional workforce
23 development boards to familiarize board members with the
24 state's workforce development goals and strategies. The
25 regional workforce development board shall designate all local
26 service providers and shall not transfer this authority to a
27 third party. In order to exercise independent oversight, the
28 regional workforce development board shall not be a direct
29 provider of intake, assessment, eligibility determinations, or
30 other direct provider services.
31 (6) Regional workforce development boards may appoint
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 local committees to obtain technical assistance on issues of
2 importance, including those issues affecting older workers.
3 (7) Each regional workforce development board shall
4 establish by October 1, 2000, a High Skills/High Wages
5 committee consisting of at least five private-sector business
6 representatives appointed in consultation with local chambers
7 of commerce by the primary county economic development
8 organization within the region, as identified by Enterprise
9 Florida, Inc.; a representative of each primary county
10 economic development organization within the region;,
11 including the regional workforce development board chair; the
12 presidents of all community colleges within the board's
13 region; those district school superintendents with authority
14 for conducting postsecondary educational programs within the
15 region; and two representatives a representative from a
16 nonpublic postsecondary educational institutions institution
17 that are is an authorized individual training account
18 providers provider within the region, appointed by the chair
19 of the regional workforce board. If possible, one of the
20 nonpublic educational institutions represented must be
21 accredited by the Southern Association of Colleges and
22 Schools. The business representatives appointed by the primary
23 county economic development organizations other than the board
24 chair need not be members of the regional workforce
25 development board and shall represent those industries that
26 are of primary importance to the region's current and future
27 economy. In a multicounty region, each primary county economic
28 development organization within the region shall appoint at
29 least one business representative and shall consult with the
30 other primary county economic development organizations within
31 the region to make joint appointments when necessary.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (a) At least annually During fiscal year 1999-2000,
2 each High Skills/High Wages committee shall submit, quarterly,
3 recommendations to the Workforce Florida, Inc., Development
4 Board related to:
5 1. Policies to enhance the responsiveness of High
6 Skills/High Wages programs in its region to business and
7 economic development opportunities.
8 2. Integrated use of state education and federal
9 workforce development funds to enhance the training and
10 placement of designated population individuals with local
11 businesses and industries.
12 (b) The committees shall also make reports to
13 Workforce Florida, Inc., annually, on dates specified by
14 Workforce Florida, Inc., that identify occupations in the
15 region deemed critical to business retention, expansion, and
16 recruitment activities, based on guidelines set by Workforce
17 Florida, Inc. Such guidelines shall include research of the
18 workforce needs of private employers in the region, in
19 consultation with local chambers of commerce and economic
20 development organizations. Occupations identified pursuant to
21 this paragraph shall be considered by Workforce Florida, Inc.,
22 for inclusion in the region's targeted occupation list. After
23 fiscal year 1999-2000, the Workforce Development Board has the
24 discretion to decrease the frequency of reporting by the High
25 Skills/High Wages committees, but the committees shall meet
26 and submit any recommendations at least annually.
27 (c) Annually, the Workforce Development Board shall
28 compile all the recommendations of the High Skills/High Wages
29 committees, research their feasibility, and make
30 recommendations to the Governor, the President of the Senate,
31 and the Speaker of the House of Representatives.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (8) Each regional workforce board shall establish a
2 Better Jobs/Better Wages committee consisting of at least five
3 members. Initial appointments to this committee shall include
4 at least three members of the local WAGES coalition,
5 established pursuant to chapter 96-175, Laws of Florida.
6 (9) Each regional workforce board shall establish a
7 First Jobs/First Wages committee consisting of at least five
8 members. This committee shall serve as the youth council for
9 purposes of Pub. L. No. 105-220.
10 (10) The importance of minority and gender
11 representation shall be considered when appointments are made
12 to any committee established by the regional workforce board.
13 (11) For purposes of procurement, regional workforce
14 boards and their administrative entities are not state
15 agencies, but the boards and their administrative entities
16 must comply with state procurement laws and procedures until
17 Workforce Florida, Inc., adopts the provisions or alternative
18 procurement procedures that meet the requirements of federal
19 law. All contracts executed by regional workforce boards must
20 include specific performance expectations and deliverables.
21 Section 8. Section 445.008, Florida Statutes, is
22 created to read:
23 445.008 Workforce Training Institute.--
24 (1) Workforce Florida, Inc., may create the Workforce
25 Training Institute, which shall be a comprehensive program of
26 workforce training courses designed to meet the unique needs
27 of and shall include Internet-based training modules suitable
28 for, and made available to, professionals integral to the
29 workforce system, including advisors and counselors in
30 educational institutions.
31 (2) Workforce Florida, Inc., may enter into a contract
38
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 for the provision of administrative support services for the
2 institute. Workforce Florida, Inc., shall adopt policies for
3 the administration and operation of the institute and
4 establish admission fees in an amount which, in the aggregate,
5 does not exceed the cost of the program. Workforce Florida,
6 Inc., may accept donations or grants of any type for any
7 function or purpose of the institute.
8 (3) All moneys, fees, donations, or grants collected
9 by Workforce Florida, Inc., under this section shall be
10 applied to cover all costs incurred in establishing and
11 conducting the workforce training programs authorized under
12 this section, including, but not limited to, salaries for
13 instructors and costs of materials connected to such programs.
14 Section 9. Section 288.9951, Florida Statutes, is
15 transferred, renumbered as section 445.009, Florida Statutes,
16 and amended to read:
17 445.009 288.9951 One-stop delivery system Career
18 Centers.--
19 (1) The one-stop delivery system is Career Centers
20 comprise the state's primary initial customer-service strategy
21 delivery system for offering every Floridian access, through
22 service sites or telephone or computer networks, to the
23 following services:
24 (a) Job search, referral, and placement assistance.
25 (b) Career counseling and educational planning.
26 (c) Consumer reports on service providers.
27 (d) Recruitment and eligibility determination.
28 (e) Support services, including child care and
29 transportation assistance to gain employment.
30 (f) Employability skills training.
31 (g) Adult education and basic skills training.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (h) Technical training leading to a certification and
2 degree.
3 (i) Claim filing for unemployment compensation
4 services.
5 (j) Temporary income, health, nutritional, and housing
6 assistance.
7 (k) Other appropriate and available workforce
8 development services.
9 (2) In addition to the mandatory partners identified
10 in Pub. L. No. 105-220, Food Stamp Employment and Training,
11 Food Stamp work programs, and WAGES/TANF programs shall, upon
12 approval by the Governor of a transition plan prepared by the
13 Workforce Development Board in collaboration with the WAGES
14 Program State Board of Directors, participate as partners in
15 each one-stop Career Center. Based on this plan, each partner
16 is prohibited from operating independently from a One-Stop
17 Career Center unless approved by the regional workforce
18 development board. Services provided by partners who are not
19 physically located in a One-Stop Career Center must be
20 approved by the regional workforce development board.
21 (2)(a)(3) Subject to a process designed by the
22 Workforce Florida, Inc. Development Board, and in compliance
23 with Pub. L. No. 105-220, regional workforce development
24 boards shall designate one-stop delivery system Career Center
25 operators.
26 (b) A regional workforce board may designate as its
27 one-stop delivery system operator any public or private entity
28 that is eligible to provide services under any state or
29 federal workforce program that is a mandatory or discretionary
30 partner in the region's one-stop delivery system if approved
31 by Workforce Florida, Inc., upon a showing by the regional
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 workforce board that a fair and competitive process was used
2 in the selection. As a condition of authorizing a regional
3 workforce board to designate such an entity as its one-stop
4 delivery system operator, Workforce Florida, Inc., must
5 require the regional workforce board to demonstrate that
6 safeguards are in place to ensure that the one-stop delivery
7 system operator will not exercise an unfair competitive
8 advantage or unfairly refer or direct customers of the
9 one-stop delivery system to services provided by that one-stop
10 delivery system operator. A regional workforce development
11 board may retain its current One-Stop Career Center operator
12 without further procurement action where the board has
13 established a One-Stop Career Center that has complied with
14 federal and state law.
15 (3)(4) Notwithstanding any other provision of law, any
16 memorandum of understanding in effect on June 30, 2000,
17 between a regional workforce board and the Department of Labor
18 and Employment Security governing the delivery of workforce
19 services shall remain in effect until September 30, 2000.
20 Beginning October 1, 2000, regional workforce boards shall
21 enter into a memorandum of understanding with the Agency for
22 Workforce Innovation for the delivery of employment services
23 authorized by the federal Wagner-Peyser Act. This memorandum
24 of understanding must be performance based. effective July 1,
25 1999, regional workforce development boards shall enter into a
26 memorandum of understanding with the Department of Labor and
27 Employment Security for the delivery of employment services
28 authorized by Wagner-Peyser. For fiscal year 1999-2000, the
29 memorandum of understanding with the Department of Labor and
30 Employment Security must be performance-based, dedicating 15
31 percent of the funds to performance payments. Performance
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 payments shall be based on performance measures developed by
2 the Workforce Development Board.
3 (a) Unless otherwise required by federal law, at least
4 90 percent of the Wagner-Peyser funding must go into direct
5 customer service costs.
6 (b) Employment services must be provided through the
7 one-stop delivery system Career Centers, under the guidance of
8 one-stop delivery system Career Center operators. One-stop
9 delivery system operators shall have overall authority for
10 directing the staff of the workforce system. Personnel matters
11 shall remain under the ultimate authority of the Agency for
12 Workforce Innovation. However, the one-stop delivery system
13 operator shall submit to the agency information concerning the
14 job performance of agency employees who deliver employment
15 services. The agency shall consider any such information
16 submitted by the one-stop delivery system operator in
17 conducting performance appraisals of the employees.
18 (c) The agency shall retain fiscal responsibility and
19 accountability for the administration of funds allocated to
20 the state under the Wagner-Peyser Act. An agency employee who
21 is providing services authorized under the Wagner-Peyser Act
22 shall be paid using Wagner-Peyser Act funds.
23 (d) The Office of Program Policy Analysis and
24 Government Accountability, in consultation with Workforce
25 Florida, Inc., shall review the delivery of employment
26 services under the Wagner-Peyser Act and the integration of
27 those services with other activities performed through the
28 one-stop delivery system and shall provide recommendations to
29 the Legislature for improving the effectiveness of the
30 delivery of employment services in this state. The Office of
31 Program Policy Analysis and Government Accountability shall
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 submit a report and recommendations to the Governor, the
2 President of the Senate, and the Speaker of the House of
3 Representatives by December 31, 2002.
4 (4)(5) One-stop delivery system Career Center partners
5 identified in subsection (2) shall enter into a memorandum of
6 understanding pursuant to Pub. L. No. 105-220, Title I, s.
7 121, with the regional workforce development board. Failure of
8 a local partner to participate cannot unilaterally block the
9 majority of partners from moving forward with their one-stop
10 delivery system Career Centers, and the Workforce Florida,
11 Inc. Development Board, pursuant to s. 445.004(5)(d) s.
12 288.9952(4)(d), may make notification of a local partner that
13 fails to participate.
14 (5)(a)(6) To the extent possible, core services, as
15 defined by Pub. L. No. 105-220, shall be provided
16 electronically, using utilizing existing systems and public
17 libraries. These electronic systems shall be linked and
18 integrated into a comprehensive service system to simplify
19 access to core services by:
20 1. Maintaining staff to serve as the first point of
21 contact with the public seeking access to employment services
22 who are knowledgeable about each program located in each
23 one-stop delivery system center as well as related services.
24 An initial determination of the programs for which a customer
25 is likely to be eligible and any referral for a more thorough
26 eligibility determination must be made at this first point of
27 contact; and
28 2. Establishing an automated, integrated intake
29 screening and eligibility process where customers will provide
30 information through a self-service intake process that may be
31 accessed by staff from any participating program.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (b) To expand electronic capabilities, the Workforce
2 Florida, Inc. Development Board, working with regional
3 workforce development boards, shall develop a centralized help
4 center to assist regional workforce development boards in
5 fulfilling core services, minimizing the need for fixed-site
6 one-stop delivery system Career centers.
7 (c) To the extent feasible, core services shall be
8 accessible through the Internet. Through this technology, core
9 services shall be made available at public libraries, public
10 and private educational institutions, community centers,
11 kiosks, neighborhood facilities, and satellite one-stop
12 delivery system sites. Each regional workforce board's web
13 page shall serve as a portal for contacting potential
14 employees by integrating the placement efforts of universities
15 and private companies, including staffing services firms, into
16 the existing one-stop delivery system.
17 (6)(7) Intensive services and training provided
18 pursuant to Pub. L. No. 105-220, shall be provided to
19 individuals through Intensive Service Accounts and Individual
20 Training Accounts. The Workforce Florida, Inc., Development
21 Board shall develop, by July 1, 1999, an implementation plan,
22 including identification of initially eligible training
23 providers, transition guidelines, and criteria for use of
24 these accounts. Individual Training Accounts must be
25 compatible with Individual Development Accounts for education
26 allowed in federal and state welfare reform statutes.
27 (7)(8)(a) Individual Training Accounts must be
28 expended on programs that prepare people to enter high-wage
29 occupations identified by the Workforce Estimating
30 Occupational Forecasting Conference created by s. 216.136, and
31 on other programs as approved by the Workforce Florida, Inc.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Development Board.
2 (b) For each approved training program, regional
3 workforce development boards, in consultation with training
4 providers, shall establish a fair-market purchase price to be
5 paid through an Individual Training Account. The purchase
6 price must be based on prevailing costs and reflect local
7 economic factors, program complexity, and program benefits,
8 including time to beginning of training and time to
9 completion. The price shall ensure the fair participation of
10 public and nonpublic postsecondary educational institutions as
11 authorized service providers and shall prohibit the use of
12 unlawful remuneration to the student in return for attending
13 an institution. Unlawful remuneration does not include student
14 financial assistance programs.
15 (c) The Workforce Florida, Inc., Development Board
16 shall periodically review Individual Training Account pricing
17 schedules developed by regional workforce development boards
18 and present findings and recommendations for process
19 improvement to the President of the Senate and the Speaker of
20 the House of Representatives by January 1, 2000.
21 (d) To the maximum extent possible, training providers
22 shall use funding sources other than the funding provided
23 under Pub. L. No. 105-220. A performance outcome related to
24 alternative financing obtained by the training provider shall
25 be established by the Workforce Florida, Inc., Development
26 Board and used for performance evaluation purposes. The
27 performance evaluation must take into consideration the number
28 of alternative funding sources.
29 (e) Training services provided through Individual
30 Training Accounts must be performance-based, with successful
31 job placement triggering full payment.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (f) The accountability measures to be used in
2 documenting competencies acquired by the participant during
3 training shall be literacy completion points and occupational
4 completion points. Literacy completion points refers to the
5 academic or workforce readiness competencies that qualify a
6 person for further basic education, vocational education, or
7 for employment. Occupational completion points refers to the
8 vocational competencies that qualify a person to enter an
9 occupation that is linked to a vocational program.
10 (8)(9)(a) Workforce Florida, Inc. The Department of
11 Management Services, working with the Agency for Workforce
12 Innovation Workforce Development Board, shall coordinate among
13 the agencies a plan for a One-Stop Career Center Electronic
14 Network made up of one-stop delivery system Career centers and
15 other partner agencies that are operated by authorized public
16 or private for-profit or not-for-profit agents. The plan shall
17 identify resources within existing revenues to establish and
18 support this electronic network for service delivery that
19 includes Government Services Direct. If necessary, the plan
20 shall identify additional funding needed to achieve the
21 provisions of this subsection.
22 (b) The network shall assure that a uniform method is
23 used to determine eligibility for and management of services
24 provided by agencies that conduct workforce development
25 activities. The Department of Management Services shall
26 develop strategies to allow access to the databases and
27 information management systems of the following systems in
28 order to link information in those databases with the one-stop
29 delivery system Career Centers:
30 1. The Unemployment Compensation System of the
31 Department of Labor and Employment Security.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 2. The Job Service System of the Department of Labor
2 and Employment Security.
3 3. The FLORIDA System and the components related to
4 WAGES, food stamps, and Medicaid eligibility.
5 4. The Workers' Compensation System of the Department
6 of Labor and Employment Security.
7 5. The Student Financial Assistance System of the
8 Department of Education.
9 6. Enrollment in the public postsecondary education
10 system.
11 7. Other information systems determined appropriate by
12 Workforce Florida, Inc.
13
14 The systems shall be fully coordinated at both the state and
15 local levels by July January 1, 2001 2000.
16 (9) To the maximum extent feasible, the one-stop
17 delivery system may use private sector staffing services firms
18 in the provision of workforce services to individuals and
19 employers in the state. Regional workforce boards may
20 collaborate with staffing services firms in order to
21 facilitate the provision of workforce services. Regional
22 workforce boards may contract with private sector staffing
23 services firms to design programs that meet the employment
24 needs of the region. All such contracts must be
25 performance-based and require a specific period of job tenure
26 prior to payment.
27 (10) To avoid any delay or disruption of services, a
28 participant or an individual redirected through up-front
29 diversion is presumed to be eligible for transitional services
30 except transitional Medicaid, which must be determined in
31 accordance with federal policy. Upon notification that a
47
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 participant or diverted individual has obtained employment,
2 the regional workforce board shall provide all transitional
3 benefits and services until the designated administering
4 department or entity confirms eligibility or advises the
5 regional workforce board that the individual does not meet the
6 eligibility requirements. Regardless, the regional workforce
7 board is responsible for payment of any child care
8 registration fees and sick child care for all eligible
9 participants or redirected individuals.
10 Section 10. (1) It is the intent of the Legislature
11 that the changes to the workforce system made by this act,
12 including, but not limited to, the transfer of any workforce
13 policy, program, or administrative responsibility to Workforce
14 Florida, Inc., or to the Agency for Workforce Innovation, be
15 accomplished with minimal disruption of services provided to
16 the public and with minimal disruption to employees of any
17 organization in the workforce system. To that end, the
18 Legislature directs all applicable units of state government
19 to contribute to the successful implementation of this act,
20 and the Legislature believes that a transition period between
21 the effective date of this act and October 1, 2000, is
22 appropriate and warranted.
23 (2) Workforce Florida, Inc., shall coordinate the
24 development and implementation of a transition plan that
25 supports the implementation of this act. The Department of
26 Management Services, the Department of Labor and Employment
27 Security, and all other state agencies identified by Workforce
28 Florida, Inc., shall cooperate fully in developing and
29 implementing the plan and shall dedicate the financial and
30 staff resources that are necessary to implement the plan.
31 (3) The Governor shall designate a staff member of the
48
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Office of Planning and Budgeting to serve as the Governor's
2 primary representative on matters related to implementing this
3 act and the transition plan required under this section. The
4 representative shall report to the Governor, the President of
5 the Senate, and the Speaker of the House of Representatives on
6 the progress being made in implementing this act and the
7 transition plan, including, but not limited to, the adverse
8 impact on workforce services provided to the public, or any
9 other negative consequence, of meeting any deadline imposed by
10 this act, any difficulties experienced by Workforce Florida,
11 Inc., in securing the full participation and cooperation of
12 applicable state agencies. The representative shall also
13 coordinate the submission of any budget amendments, in
14 accordance with chapter 216, Florida Statutes, that may be
15 necessary to implement this act.
16 (4) Upon the recommendation and guidance from
17 Workforce Florida, Inc., in order to carry out the changes
18 made by this act to the workforce system, the Governor shall
19 submit in a timely manner to the applicable departments or
20 agencies of the Federal Government any necessary amendments or
21 supplemental information concerning plans that the state is
22 required to submit to the Federal Government in connection
23 with any federal or state workforce program. The Governor
24 shall seek any waivers from the requirements of federal law or
25 rules which may be necessary to administer the provisions of
26 this act.
27 (5) The transfer of any program, activity, or function
28 under this act includes the transfer of any records and
29 unexpended balances of appropriations, allocations, or other
30 funds related to such program, activity, or function. Unless
31 otherwise provided, the successor organization to any program,
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 activity, or function transferred under this act shall become
2 the custodian of any property of the organization that was
3 responsible for the program, activity, or function immediately
4 prior to the transfer.
5 (6) Workforce Florida, Inc., may contract with the
6 Office of Tourism, Trade, and Economic Development within the
7 Executive Office of the Governor to take any necessary initial
8 steps in preparing to become the state's principal workforce
9 policy organization on October 1, 2000, consistent with the
10 provisions of this act.
11 Section 11. (1) Effective July 1, 2000, the following
12 programs and functions are assigned and transferred to
13 Workforce Florida, Inc.:
14 (a) The WAGES Program State Board of Directors data,
15 records, property, support staff, contract personnel, and
16 unexpended balances of appropriations, allocations, and other
17 funds from the Executive Office of the Governor.
18 (b) The programs, activities, and functions of the
19 Workforce Development Board of Enterprise Florida, Inc.,
20 including records, personnel, property, and unexpended
21 balances of funds. To reduce administrative costs, Workforce
22 Florida, Inc., may contract with Enterprise Florida, Inc.,
23 for the provision of personnel, property management, and other
24 support services.
25 (2) Effective July 1, 2000, the Bureau of
26 Apprenticeship of the Division of Jobs and Benefits is
27 transferred by a type two transfer, as defined in s. 20.06(2),
28 Florida Statutes, from the Department of Labor and Employment
29 Security to the Division of Workforce Development in the
30 Department of Education.
31 (3) Effective October 1, 2000, employees of the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Workforce Development Board of Enterprise Florida, Inc., who
2 are leased from the Department of Management Services are
3 transferred by a type two transfer, as defined in s. 20.06(2),
4 Florida Statutes, to the Agency for Workforce Innovation.
5 State employees leased to the Workforce Development Board as
6 of June 30, 2000, may be leased to Workforce Florida, Inc., as
7 of the same date to perform administrative and professional
8 services. Additional state employees in the Agency for
9 Workforce Innovation may be assigned to Workforce Florida,
10 Inc.
11 (4) Effective October 1, 2000, the following programs
12 and functions are transferred to the Agency for Workforce
13 Innovation:
14 (a) The Division of Workforce and Employment
15 Opportunities and the Office of Labor Market Statistics are
16 transferred by a type two transfer, as defined in s. 20.06(2),
17 Florida Statutes, from the Department of Labor and Employment
18 Security. Employees who are responsible for information
19 technology within the Division of Workforce and Employment
20 Opportunities, employees who are responsible for licensing and
21 permitting business agents and labor organizations under
22 chapter 447, Florida Statutes, and employees who are
23 responsible for regulations relating to minority labor groups
24 under chapter 450, Florida Statutes, are not included in this
25 transfer. The Agency for Workforce Innovation, in consultation
26 with the Department of Labor and Employment Security, shall
27 determine the number of positions needed for administrative
28 support of the programs within the Division of Workforce and
29 Employment Opportunities as transferred to the agency. The
30 number of administrative support positions the agency
31 determines are needed shall not exceed the number of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 administrative support positions that prior to the transfer
2 were authorized to the Department of Labor and Employment
3 Security for this purpose. Upon transfer of the Division of
4 Workforce and Employment Opportunities, the number of required
5 administrative support positions as determined by the agency
6 shall be authorized within the agency.
7 (b) The resources, data, records, property, and
8 unexpended balances of appropriations, allocations, and other
9 funds within the Office of the Secretary or any other
10 division, office, bureau, or unit within the Department of
11 Labor and Employment Security that support the Division of
12 Workforce and Employment Opportunities are transferred by a
13 type two transfer, as defined in s. 20.06(2), Florida
14 Statutes, from the Department of Labor and Employment
15 Security.
16 (c) Staff of the displaced homemaker program are
17 transferred by a type two transfer, as defined in s. 20.06(2),
18 Florida Statutes, from the Department of Education.
19 (d) The Agency for Workforce Innovation, in
20 consultation with the Department of Management Services, shall
21 determine the number of positions needed to perform the WAGES
22 contracting function within the agency. The number of
23 positions the agency determines are needed shall not exceed
24 the number of positions that prior to the transfer were
25 authorized to the WAGES Contracting Division within the
26 Department of Management Services for this purpose. Upon
27 transfer of the WAGES Contracting Division, the number of
28 required positions as determined by the agency shall be
29 authorized within the agency.
30 (e) 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 WAGES Contracting Division are transferred by
2 a type two transfer, as defined in s. 20.06 (2), Florida
3 Statutes, from the Department of Management Services to the
4 Agency for Workforce Innovation.
5 (f) The Division of Unemployment Compensation is
6 transferred by a type two transfer, as defined in section
7 20.06(2), Florida Statutes, from the Department of Labor and
8 Employment Security to the Agency for Workforce Innovation.
9 The resources, data, records, property, and unexpended
10 balances of appropriations, allocations, and other funds
11 within the Office of the Secretary or any other division,
12 office, bureau, or unit within the Department of Labor and
13 Employment Security that support the Division of Unemployment
14 Compensation are transferred by a type two transfer, as
15 defined in section 20.06(2), Florida Statutes, from the
16 Department of Labor and Employment Security. By January 1,
17 2001, the Agency for Workforce Innovation shall enter into a
18 contract with the Department of Revenue which shall provide
19 for the Department of Revenue to provide unemployment tax
20 collection services. The Department of Revenue, in
21 consultation with the Department of Labor and Employment
22 Security, shall determine the number of positions needed to
23 provide unemployment tax collection services within the
24 Department of Revenue. The number of unemployment tax
25 collection service positions the Department of Revenue
26 determines are needed shall not exceed the number of positions
27 that, prior to the contract, were authorized to the Department
28 of Labor and Employment Security for this purpose. Upon
29 entering into the contract with the Agency for Workforce
30 Innovation to provide unemployment tax collection services,
31 the number of required positions, as determined by the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Department of Revenue, shall be authorized within the
2 Department of Revenue. Beginning January 1, 2002, the Office
3 of Program Policy Analysis and Government Accountability shall
4 conduct a feasibility study regarding privatization of
5 unemployment tax collection services. A report on the
6 conclusions of this study shall be submitted to the Governor,
7 the President of the Senate, and the Speaker of the House of
8 Representatives.
9 (5) Unless already met or exceeded by reductions
10 required by the General Appropriations Act to division
11 positions authorized on June 30, 2000, prior to effecting the
12 transfer of staff required by paragraph (4)(a), the Department
13 of Labor and Employment Security shall reduce by 25 percent
14 within the Division of Workforce and Employment Opportunities
15 the number of positions not engaged in directly providing
16 workforce development services to customers or in supervising
17 the direct provision of workforce development services. Prior
18 to January 1, 2001, Workforce Florida, Inc., in cooperation
19 with the Agency for Workforce Innovation, shall submit to the
20 Governor, the President of the Senate, and the Speaker of the
21 House of Representatives a plan for reorganizing and further
22 reducing the number of staff members transferred pursuant to
23 paragraph (4)(a).
24 (6) The Department of Labor and Employment Security
25 shall develop a plan to reduce the department's existing
26 full-time positions to reflect the remaining mission of the
27 department. The department shall submit a budget amendment
28 for legislative notice and review under s. 216.177, Florida
29 Statutes, to implement the plan by October 1, 2000.
30 Section 12. Section 445.010, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 445.010 Workforce system information technology;
2 principles and information sharing.--
3 (1) The following principles shall guide the
4 development and management of workforce system information
5 resources:
6 (a) Workforce system entities should be committed to
7 information sharing.
8 (b) Cooperative planning by workforce system entities
9 is a prerequisite for the effective development of systems to
10 enable the sharing of data.
11 (c) Workforce system entities should maximize public
12 access to data, while complying with legitimate security,
13 privacy, and confidentiality requirements.
14 (d) When the capture of data for the mutual benefit of
15 workforce system entities can be accomplished, the costs for
16 capturing, managing, and disseminating those data should be
17 shared.
18 (e) The redundant capture of data should, insofar as
19 possible, be eliminated.
20 (f) Only data that are auditable, or that otherwise
21 can be determined to be accurate, valid, and reliable, should
22 be maintained in workforce information systems.
23 (g) The design of workforce information systems should
24 support technological flexibility for users without
25 compromising system integration or data integrity, be based
26 upon open standards, and use platform-independent technologies
27 to the fullest extent possible.
28 (2) Information that is essential to the integrated
29 delivery of services through the one-stop delivery system must
30 be shared between partner agencies within the workforce system
31 to the full extent permitted under state and federal law. In
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 order to enable the full integration of services for a
2 specific workforce system customer, that customer must be
3 offered the opportunity to provide written consent prior to
4 sharing any information concerning that customer between the
5 workforce system partners which is subject to confidentiality
6 under state or federal law.
7 Section 13. Section 445.011, Florida Statutes, is
8 created to read:
9 445.011 Workforce information systems.--
10 (1) Workforce Florida, Inc., shall implement, subject
11 to legislative appropriation, automated information systems
12 that are necessary for the efficient and effective operation
13 and management of the workforce development system. These
14 information systems shall include, but need not be limited to,
15 the following:
16 (a) An integrated management system for the one-stop
17 service delivery system, which includes, at a minimum, common
18 registration and intake, screening for needs and benefits,
19 case planning and tracking, training benefits management,
20 service and training provider management, performance
21 reporting, executive information and reporting, and
22 customer-satisfaction tracking and reporting.
23 1. The system should report current budgeting,
24 expenditure, and performance information for assessing
25 performance related to outcomes, service delivery, and
26 financial administration for workforce programs pursuant to
27 ss. 445.004(5) and 445.004(9).
28 2. The information system should include auditable
29 systems and controls to ensure financial integrity and valid
30 and reliable performance information.
31 3. The system should support service integration and
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 case management by providing for case tracking for
2 participants in welfare transition programs.
3 (b) An automated job-matching information system that
4 is accessible to employers, job seekers, and other users via
5 the Internet, and that includes, at a minimum:
6 1. Skill match information, including skill gap
7 analysis; resume creation; job order creation; skill tests;
8 job search by area, employer type, and employer name; and
9 training provider linkage;
10 2. Job market information based on surveys, including
11 local, state, regional, national, and international
12 occupational and job availability information; and
13 3. Service provider information, including education
14 and training providers, child care facilities and related
15 information, health and social service agencies, and other
16 providers of services that would be useful to job seekers.
17 (2) In procuring workforce information systems,
18 Workforce Florida, Inc., shall employ competitive processes,
19 including requests for proposals, competitive negotiation, and
20 other competitive processes to ensure that the procurement
21 results in the most cost-effective investment of state funds.
22 (3) Workforce Florida, Inc., may procure independent
23 verification and validation services associated with
24 developing and implementing any workforce information system.
25 (4) Workforce Florida, Inc., shall coordinate
26 development and implementation of workforce information
27 systems with the state's Chief Information Officer in the
28 State Technology Office to ensure compatibility with the
29 state's information system strategy and enterprise
30 architecture.
31 Section 14. (1) By December 15, 2000, the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Postsecondary Education Planning Commission, in close
2 consultation with Workforce Florida, Inc., and in consultation
3 with the Division of Community Colleges and the Division of
4 Workforce Development in the Department of Education, the
5 State Board of Independent Colleges and Universities, and the
6 State Board of Nonpublic Career Education, shall submit a
7 report to the Governor, the President of the Senate, and the
8 Speaker of the House of Representatives, recommending
9 strategies to expand access to and production of certificates
10 and degrees in programs that provide the skilled workforce
11 needed for Florida's economy.
12 (2) The report shall address the following issues and
13 options:
14 (a) New and innovative targeted financial aid
15 programs.
16 (b) Initiatives to encourage the restructuring of
17 curriculum to provide a better response to the needs of
18 Florida's businesses and industries.
19 (c) Performance-based incentive funding to state
20 universities for increased production of graduates from
21 targeted programs.
22 (d) Performance-based incentive funding to state
23 universities and other initiatives for providing accelerated
24 articulation options to students awarded an Associate of
25 Science degree.
26 (e) Innovative uses of federal Workforce Investment
27 Act and Welfare to Work funds to provide the broadest
28 eligibility for and promote access to targeted high priority
29 educational programs.
30 Section 15. Section 445.013, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 445.013 Challenge grants in support of welfare-to-work
2 initiatives.--
3 (1) Workforce Florida, Inc., shall establish a
4 "Step-Up Challenge Grant Program" designed to maximize the use
5 of federal welfare-to-work funds that are available to the
6 state. The purpose of this challenge grant program is to
7 ensure that needy Floridians obtain training and education to
8 support retention of employment and achievement of
9 self-sufficiency through career advancement.
10 (2) Workforce Florida, Inc., shall solicit the
11 participation of not-for-profit organizations, for-profit
12 organizations, educational institutions, and units of
13 government in this program. Eligible organizations include,
14 but are not limited to:
15 (a) Public and private educational institutions, as
16 well as their associations and scholarship funds;
17 (b) Faith-based organizations;
18 (c) Community development or community improvement
19 organizations;
20 (d) College or university alumni organizations or
21 fraternities or sororities;
22 (e) Community-based organizations dedicated to
23 addressing the challenges of inner city, rural, or minority
24 youth;
25 (f) Chambers of commerce or similar business or civic
26 organizations;
27 (g) Neighborhood groups or associations, including
28 communities receiving a "Front Porch Florida" designation;
29 (h) Municipalities, counties, or other units of
30 government;
31 (i) Private businesses; and
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (j) Other organizations deemed appropriate by
2 Workforce Florida, Inc.
3 (3) If an eligible organization pledges to sponsor an
4 individual in postemployment education or training approved by
5 Workforce Florida, Inc., by providing the match of nonfederal
6 funds required under the federal welfare-to-work grant
7 program, Workforce Florida, Inc., shall earmark
8 welfare-to-work funds in support of the sponsored individual
9 and the designated training or education project. Workforce
10 Florida, Inc., and the eligible organization shall enter into
11 an agreement governing the disbursement of funds which
12 specifies the services to be provided for the benefit of the
13 eligible participant. Individuals receiving training or
14 education under this program must meet the eligibility
15 criteria of the federal welfare-to-work grant program, and
16 Workforce Florida, Inc., must disperse funds in compliance
17 with regulations or other requirements of the federal
18 welfare-to-work grant program.
19 (4) Workforce Florida, Inc., shall establish
20 guidelines governing the administration of the program
21 provided under this section and shall establish criteria to be
22 used in evaluating funding proposals. One of the evaluation
23 criteria must be a determination that the education or
24 training provided under the grant will enhance the ability of
25 the individual to retain employment and achieve
26 self-sufficiency through career advancement.
27 (5) Federal welfare-to-work funds appropriated by the
28 Legislature which are not fully expended in support of this
29 program may be used by Workforce Florida, Inc., in support of
30 other activities authorized under the welfare-to-work grant.
31 Section 16. Section 288.9955, 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 445.016, Florida Statutes,
2 and amended to read:
3 445.016 288.9955 Untried Worker Placement and
4 Employment Incentive Act.--
5 (1) This section may be cited as the "Untried Worker
6 Placement and Employment Incentive Act."
7 (2) For purposes of this section, the term "untried
8 worker" means a person who is a hard-to-place participant in
9 the welfare transition program Work and Gain Economic
10 Self-sufficiency Program (WAGES) because he or she has
11 limitations associated with the long-term receipt of welfare
12 and difficulty in sustaining employment, particularly because
13 of physical or mental disabilities.
14 (3) Incentive payments may be made to for-profit or
15 not-for-profit agents selected by regional workforce boards
16 local WAGES coalitions who successfully place untried workers
17 in full-time employment for 6 months with an employer after
18 the employee successfully completes a probationary placement
19 of no more than 6 months with that employer. Full-time
20 employment that includes health care benefits will receive an
21 additional incentive payment.
22 (4) The for-profit and not-for-profit agents shall
23 contract to provide services for no more than 1 year.
24 Contracts may be renewed upon successful review by the
25 contracting agent.
26 (5) Incentives must be paid according to the incentive
27 schedule developed by Workforce Florida, Inc., the Agency for
28 Workforce Development, the Department of Labor and Employment
29 Security and the Department of Children and Family Services
30 which costs the state less per placement than the state's
31 12-month expenditure on a welfare recipient.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (6) During an untried worker's probationary placement,
2 the for-profit or not-for-profit agent shall be the employer
3 of record of that untried worker, and shall provide workers'
4 compensation and unemployment compensation coverage as
5 provided by law. The business employing the untried worker
6 through the agent may be eligible to apply for any tax
7 credits, wage supplementation, wage subsidy, or employer
8 payment for that employee that are authorized in law or by
9 agreement with the employer. After satisfactory completion of
10 such a probationary period, an untried worker shall not be
11 considered an untried worker.
12 (7) This section shall not be used for the purpose of
13 displacing or replacing an employer's regular employees, and
14 shall not interfere with executed collective bargaining
15 agreements. Untried workers shall be paid by the employer at
16 the same rate as similarly situated and assessed workers in
17 the same place of employment.
18 (8) An employer that demonstrates a pattern of
19 unsuccessful placements shall be disqualified from
20 participation in these pilots because of poor return on the
21 public's investment.
22 (9) Any employer that chooses to employ untried
23 workers is eligible to receive such incentives and benefits
24 that are available and provided in law, as long as the
25 long-term, cost savings can be quantified with each such
26 additional inducement.
27 Section 17. Section 414.15, Florida Statutes, is
28 transferred, renumbered as section 445.017, Florida Statutes,
29 and amended to read:
30 445.017 414.15 Diversion.--
31 (1) Many customers of the one-stop delivery system A
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 segment of applicants do not need ongoing temporary cash
2 assistance, but, due to an unexpected circumstance or
3 emergency situation, require some immediate assistance to
4 secure or retain in meeting a financial obligation while they
5 are securing employment or child support. These immediate
6 obligations may include a shelter or utility payment, a car
7 repair to continue employment, or other services that
8 assistance which will alleviate the applicant's emergency
9 financial need and allow the person to focus on obtaining or
10 continuing employment.
11 (2) Up-front diversion shall involve four steps:
12 (a) Linking applicants with job opportunities as the
13 first option to meet the assistance group's need.
14 (b) Where possible, Offering services, such as child
15 care or transportation, one-time help as an alternative to
16 welfare.
17 (c) Screening applicants to respond to emergency
18 needs.
19 (d) Offering a one-time payment of up to $1,000 per
20 family. Performing up-front fraud prevention investigations,
21 if appropriate.
22 (3) Before finding an applicant family eligible for
23 up-front diversion services funds, the regional workforce
24 board department must determine that all requirements of
25 eligibility for diversion services would likely be met.
26 (4) The regional workforce board department shall
27 screen each applicant family on a case-by-case basis for
28 barriers to obtaining or retaining employment. The screening
29 shall identify barriers that, if corrected, may prevent the
30 family from receiving temporary cash assistance on a regular
31 basis. Assistance to overcome a barrier to employment is not
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 limited to cash, but may include vouchers or other in-kind
2 benefits.
3 (5) The diversion payment shall be limited to an
4 amount not to exceed 2 months' temporary cash assistance,
5 based on family size.
6 (5)(6) The family receiving up-front diversion must
7 sign an agreement restricting the family from applying for
8 temporary cash assistance for 3 months, unless an emergency is
9 demonstrated to the regional workforce board department. If a
10 demonstrated emergency forces the family to reapply for
11 temporary cash assistance within 3 months after receiving a
12 diversion payment, the diversion payment shall be prorated
13 over an 8-month the 2-month period and deducted subtracted
14 from any regular payment of temporary cash assistance for
15 which the family is applicant may be eligible.
16 Section 18. Section 445.018, Florida Statutes, is
17 created to read:
18 445.018 Diversion program to strengthen Florida's
19 families.--
20 (1) The diversion program to strengthen families in
21 this state is intended to provide services that assist
22 families in avoiding welfare dependency by gaining and
23 retaining employment.
24 (2) Before finding a family eligible for the diversion
25 program created under this section, a determination must be
26 made that:
27 (a) The family includes a pregnant woman or a parent
28 with one or more minor children or a caretaker relative with
29 one or more minor children.
30 (b) The family is at risk of welfare dependency
31 because the family's income does not exceed 200 percent 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 poverty level.
2 (c) The provision of services related to employment,
3 including assessment, service planning and coordination, job
4 placement, employment-related education or training, child
5 care services, transportation services, relocation services,
6 workplace employment support services, individual or family
7 counseling, or a Retention Incentive Training Account (RITA),
8 are likely to prevent the family from becoming dependent on
9 welfare by enabling employable adults in the family to become
10 employed, remain employed, or pursue career advancement.
11 (3) The services provided under this section are not
12 considered assistance under federal law or guidelines.
13 (4) Each family that receives services under this
14 section must sign an agreement not to apply for temporary cash
15 assistance for 6 months following the receipt of services,
16 unless an unanticipated emergency situation arises. If a
17 family applies for temporary cash assistance without a
18 documented emergency, the family must repay the value of the
19 diversion services provided. Repayment may be prorated over 8
20 months and shall be paid through a reduction in the amount of
21 any monthly temporary cash assistance payment received by the
22 family.
23 (5) Notwithstanding any provision to the contrary, a
24 family that meets the requirements of subsection (2) is
25 considered a needy family and is eligible for services under
26 this section.
27 Section 19. Section 414.159, Florida Statutes, is
28 transferred, renumbered as section 445.019, Florida Statutes,
29 and amended to read:
30 445.019 414.159 Teen parent and pregnancy prevention
31 diversion program; eligibility for services.--The Legislature
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 recognizes that teen pregnancy is a major cause of dependency
2 on government assistance that often extends through more than
3 one generation. The purpose of the teen parent and pregnancy
4 prevention diversion program is to provide services to reduce
5 and avoid welfare dependency by reducing teen pregnancy,
6 reducing the incidence of multiple pregnancies to teens, and
7 by assisting teens in completing educational programs.
8 (1) Notwithstanding any provision to the contrary in
9 ss. 414.075, 414.085, and 414.095, a teen who is determined to
10 be at risk of teen pregnancy or who already has a child shall
11 be deemed eligible to receive services under this program.
12 (2) Services provided under this program shall be
13 limited to services that are not considered assistance under
14 federal law or guidelines.
15 (3) Receipt of services under this section does shall
16 not preclude eligibility for, or receipt of, other assistance
17 or services under this chapter 414.
18 Section 20. Section 445.020, Florida Statutes, is
19 created to read:
20 445.020 Diversion programs; determination of need.--If
21 federal regulations require a determination of needy families
22 or needy parents to be based on financial criteria, such as
23 income or resources, for individuals or families who are
24 receiving services, one-time payments, or nonrecurring
25 short-term benefits, the Department of Children and Family
26 Services shall adopt rules to define such criteria. In such
27 rules, the department shall use the income level established
28 for Temporary Assistance for Needy Families funds which are
29 transferred for use under Title XX of the Social Security Act.
30 If federal regulations do not require a financial
31 determination for receipt of such benefits, payments, or
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 services, the criteria otherwise established in this chapter
2 shall be used.
3 Section 21. Section 414.155, Florida Statutes, is
4 transferred, renumbered as section 445.021, Florida Statutes,
5 and amended to read:
6 445.021 414.155 Relocation assistance program.--
7 (1) The Legislature recognizes that the need for
8 public assistance may arise because a family is located in an
9 area with limited employment opportunities, because of
10 geographic isolation, because of formidable transportation
11 barriers, because of isolation from their extended family, or
12 because domestic violence interferes with the ability of a
13 parent to maintain self-sufficiency. Accordingly, there is
14 established a program to assist families in relocating to
15 communities with greater opportunities for self-sufficiency.
16 (2) The relocation assistance program shall involve
17 five steps by the regional workforce board, in cooperation
18 with the Department of Children and Family Services or a local
19 WAGES coalition:
20 (a) A determination that the family is receiving
21 temporary cash assistance a WAGES Program participant or that
22 all requirements of eligibility for diversion services the
23 WAGES Program would likely be met.
24 (b) A determination that there is a basis for
25 believing that relocation will contribute to the ability of
26 the applicant to achieve self-sufficiency. For example, the
27 applicant:
28 1. Is unlikely to achieve economic self-sufficiency
29 independence at the current community of residence;
30 2. Has secured a job that provides an increased salary
31 or improved benefits and that requires relocation to another
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 community;
2 3. Has a family support network that will contribute
3 to job retention in another community; or
4 4. Is determined, pursuant to criteria or procedures
5 established by the WAGES Program State board of directors of
6 Workforce Florida, Inc., to be a victim of domestic violence
7 who would experience reduced probability of further incidents
8 through relocation; or.
9 5. Must relocate in order to receive education or
10 training that is directly related to the applicant's
11 employment or career advancement.
12 (c) Establishment of a relocation plan that which
13 includes such requirements as are necessary to prevent abuse
14 of the benefit and provisions to protect the safety of victims
15 of domestic violence and avoid provisions that place them in
16 anticipated danger. The payment to defray relocation expenses
17 shall be determined based on criteria a rule approved by the
18 WAGES Program State board of directors of Workforce Florida,
19 Inc. and adopted by the department. Participants in the
20 relocation program shall be eligible for diversion or
21 transitional benefits.
22 (d) A determination, pursuant to criteria adopted by
23 the WAGES Program State board of directors of Workforce
24 Florida, Inc., that a Florida community receiving a relocated
25 family has the capacity to provide needed services and
26 employment opportunities.
27 (e) Monitoring the relocation.
28 (3) A family receiving relocation assistance for
29 reasons other than domestic violence must sign an agreement
30 restricting the family from applying for temporary cash
31 assistance for a period of 6 months specified in a rule
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 approved by the WAGES Program State Board of Directors and
2 adopted by the department, unless an emergency is demonstrated
3 to the regional workforce board department. If a demonstrated
4 emergency forces the family to reapply for temporary cash
5 assistance within such period, after receiving a relocation
6 assistance payment, repayment must be made on a prorated basis
7 and subtracted from any regular payment of temporary cash
8 assistance for which the applicant may be eligible, as
9 specified in a rule approved by the WAGES Program State Board
10 of Directors and adopted by the department.
11 (4) The department shall have authority to adopt rules
12 pursuant to the Administrative Procedure Act to determine that
13 a community has the capacity to provide services and
14 employment opportunities for a relocated family.
15 (4)(5) The board of directors of Workforce Florida,
16 Inc., may establish criteria for developing and implementing
17 department shall have authority to adopt rules pursuant to the
18 Administrative Procedure Act to develop and implement
19 relocation plans and for drafting agreements to restrict to
20 draft an agreement restricting a family from applying for
21 temporary cash assistance for a specified period after
22 receiving a relocation assistance payment.
23 Section 22. Section 414.223, Florida Statutes, is
24 transferred, renumbered as section 445.022, Florida Statutes,
25 and amended to read:
26 445.022 414.223 Retention Incentive Training
27 Accounts.--To promote job retention and to enable upward job
28 advancement into higher skilled, higher paying employment, the
29 WAGES Program State board of directors of Workforce Florida,
30 Inc., and, the Workforce Development Board, regional workforce
31 development boards, and local WAGES coalitions may jointly
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 assemble, from postsecondary education institutions, a list of
2 programs and courses for WAGES participants who have become
3 employed which promote job retention and advancement.
4 (1) The WAGES Program State board of directors of
5 Workforce Florida, Inc., and the Workforce Development Board
6 may jointly establish Retention Incentive Training Accounts
7 (RITAs). RITAs shall utilize Temporary Assistance to Needy
8 Families (TANF) block grant funds specifically appropriated
9 for this purpose. RITAs must complement the Individual
10 Training Account required by the federal Workforce Investment
11 Act of 1998, Pub. L. No. 105-220.
12 (2) RITAs may pay for tuition, fees, educational
13 materials, coaching and mentoring, performance incentives,
14 transportation to and from courses, child care costs during
15 education courses, and other such costs as the regional
16 workforce development boards determine are necessary to effect
17 successful job retention and advancement.
18 (3) Regional workforce development boards shall retain
19 only those courses that continue to meet their performance
20 standards as established in their local plan.
21 (4) Regional workforce development boards shall report
22 annually to the Legislature on the measurable retention and
23 advancement success of each program provider and the
24 effectiveness of RITAs, making recommendations for any needed
25 changes or modifications.
26 Section 23. Section 414.18, Florida Statutes, is
27 transferred, renumbered as section 445.023, Florida Statutes,
28 and amended to read:
29 445.023 414.18 Program for dependent care for families
30 with children with special needs.--
31 (1) There is created the program for dependent care
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 for families with children with special needs. This program
2 is intended to provide assistance to families with children
3 who meet the following requirements:
4 (a) The child or children are between the ages of 13
5 and 17 years, inclusive.
6 (b) The child or children are considered to be
7 children with special needs as defined by the subsidized child
8 care program authorized under s. 402.3015.
9 (c) The family meets the income guidelines established
10 under s. 402.3015. Financial eligibility for this program
11 shall be based solely on the guidelines used for subsidized
12 child care, notwithstanding any financial eligibility criteria
13 to the contrary in s. 414.075, s. 414.085, or s. 414.095.
14 (2) Implementation of this program shall be subject to
15 appropriation of funds for this purpose.
16 (3) If federal funds under the Temporary Assistance
17 for Needy Families block grant provided under Title IV-A of
18 the Social Security Act, as amended, are used for this
19 program, the family must be informed about the federal
20 requirements on receipt of such assistance and must sign a
21 written statement acknowledging, and agreeing to comply with,
22 all federal requirements.
23 (4) In addition to child care services provided under
24 s. 402.3015, dependent care may be provided for children age
25 13 years and older who are in need of care due to disability
26 and where such care is needed for the parent to accept or
27 continue employment or otherwise participate in work
28 activities. The amount of subsidy shall be consistent with the
29 rates for special needs child care established by the
30 department. Dependent care needed for employment may be
31 provided as transitional services for up to 2 years after
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 eligibility for temporary cash WAGES assistance ends.
2 (5) Notwithstanding any provision of s. 414.105 to the
3 contrary, the time limitation on receipt of assistance under
4 this section shall be the limit established pursuant to s.
5 408(a)(7) of the Social Security Act, as amended, 42 U.S.C. s.
6 608(a)(7).
7 Section 24. Section 445.024, Florida Statutes, is
8 created to read:
9 445.024 Work requirements.--
10 (1) WORK ACTIVITIES.--The following activities may be
11 used individually or in combination to satisfy the work
12 requirements for a participant in the temporary cash
13 assistance program:
14 (a) Unsubsidized employment.--Unsubsidized employment
15 is full-time employment or part-time employment that is not
16 directly supplemented by federal or state funds. Paid
17 apprenticeship and cooperative education activities are
18 included in this activity.
19 (b) Subsidized private sector employment.--Subsidized
20 private sector employment is employment in a private
21 for-profit enterprise or a private not-for-profit enterprise
22 which is directly supplemented by federal or state funds. A
23 subsidy may be provided in one or more of the forms listed in
24 this paragraph.
25 1. Work supplementation.--A work supplementation
26 subsidy diverts a participant's temporary cash assistance
27 under the program to the employer. The employer must pay the
28 participant wages that equal or exceed the applicable federal
29 minimum wage. Work supplementation may not exceed 6 months. At
30 the end of the supplementation period, the employer is
31 expected to retain the participant as a regular employee
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 without receiving a subsidy. A work supplementation agreement
2 may not be continued with any employer who exhibits a pattern
3 of failing to provide participants with continued employment
4 after the period of work supplementation ends.
5 2. On-the-job training.--On-the-job training is
6 full-time, paid employment in which the employer or an
7 educational institution, in cooperation with the employer,
8 provides training needed for the participant to perform the
9 skills required for the position. The employer or the
10 educational institution on behalf of the employer receives a
11 subsidy to offset the cost of the training provided to the
12 participant. Upon satisfactory completion of the training, the
13 employer is expected to retain the participant as a regular
14 employee without receiving a subsidy. An on-the-job training
15 agreement may not be continued with any employer who exhibits
16 a pattern of failing to provide participants with continued
17 employment after the on-the-job training subsidy ends.
18 3. Incentive payments.--Regional workforce boards may
19 provide additional incentive payments to encourage employers
20 to employ program participants. Incentive payments may include
21 payments to encourage the employment of hard-to-place
22 participants, in which case the amount of the payment shall be
23 weighted proportionally to the extent to which the participant
24 has limitations associated with the long-term receipt of
25 welfare and difficulty in sustaining employment. Incentive
26 payments may also include payments to encourage employers to
27 provide health care insurance benefits to current or former
28 program participants. In establishing incentive payments,
29 regional workforce boards 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 regional workforce board shall
17 provide information and assistance, as appropriate, to use
18 such credits to accomplish program goals.
19 5. Training bonus.--An employer who hires a
20 participant in the welfare transition program and pays the
21 participant a wage that precludes the participant's
22 eligibility for temporary cash assistance may receive $250 for
23 each full month of employment for a period that may not exceed
24 3 months. An employer who receives a training bonus for an
25 employee may not receive a work supplementation subsidy for
26 the same employee. "Employment" is defined as 35 hours per
27 week at a wage of no less than minimum wage.
28 (c) Subsidized public sector employment.--Subsidized
29 public sector employment is employment by an agency of the
30 federal, state, or local government which is directly
31 supplemented by federal or state funds. The applicable
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 subsidies provided under paragraph (b) may be used to
2 subsidize employment in the public sector, except that
3 priority for subsidized employment shall be employment in the
4 private sector. Public sector employment is distinguished from
5 work experience in that the participant is paid wages and
6 receives the same benefits as a nonsubsidized employee who
7 performs similar work. Work-study activities administered by
8 educational institutions are included in this activity.
9 (d) Community service work experience.--Community
10 service work experience is job training experience at a
11 supervised public or private not-for-profit agency. A
12 participant shall receive temporary cash assistance in the
13 form of wages, which, when combined with the value of food
14 stamps awarded to the participant, is proportional to the
15 amount of time worked. A participant in the welfare transition
16 program or the Food Stamp Employment and Training program
17 assigned to community service work experience shall be deemed
18 an employee of the state for purposes of workers' compensation
19 coverage and is subject to the requirements of the drug-free
20 workplace program. Community service work experience may be
21 selected as an activity for a participant who needs to
22 increase employability by improving his or her interpersonal
23 skills, job-retention skills, stress management, and job
24 problem solving, and by learning to attain a balance between
25 job and personal responsibilities. Community service is
26 intended to:
27 1. Assess compliance with requirements of the welfare
28 transition program before referral of the participant to
29 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. Regional
16 workforce boards shall contract for any services provided for
17 clients 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 participant to benefit from a career
6 education program. Any necessary remediation must be completed
7 before a participant is referred to vocational education as
8 the primary work activity. In addition, use of vocational
9 education or training shall be restricted to the limitation
10 established in federal law. Vocational education included in a
11 program leading to a high school diploma shall not be
12 considered vocational education for purposes of this section.
13 2. When possible, a provider of vocational education
14 or training shall use funds provided by funding sources other
15 than the regional workforce board. The regional workforce
16 board may provide additional funds to a vocational education
17 or training provider only if payment is made pursuant to a
18 performance-based contract. Under a performance-based
19 contract, the provider may be partially paid when a
20 participant completes education or training, but the majority
21 of payment shall be made following the participant's
22 employment at a specific wage or job retention for a specific
23 duration. Performance-based payments made under this
24 subparagraph are limited to education or training for targeted
25 occupations identified by the Workforce Estimating Conference
26 under s. 216.136, or other programs identified by Workforce
27 Florida, Inc., as beneficial to meet the needs of designated
28 groups who are hard to place. If the contract pays the full
29 cost of training, the community college or school district may
30 not report the participants for other state funding.
31 (h) Job skills training.--Job skills training includes
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 customized training designed to meet the needs of a specific
2 employer or a specific industry. Job skills training shall
3 include literacy instruction, and may include English
4 proficiency instruction or Spanish language or other language
5 instruction if necessary to enable a participant to perform in
6 a specific job or job training program or if the training
7 enhances employment opportunities in the local community. A
8 participant may be required to complete an entrance assessment
9 or test before entering into job skills training.
10 (i) Education services related to employment for
11 participants 19 years of age or younger.--Education services
12 provided under this paragraph are designed to prepare a
13 participant for employment in an occupation. The agency shall
14 coordinate education services with the school-to-work
15 activities provided under s. 229.595. Activities provided
16 under this paragraph are restricted to participants 19 years
17 of age or younger who have not completed high school or
18 obtained a high school equivalency diploma.
19 (j) School attendance.--Attendance at a high school or
20 attendance at a program designed to prepare the participant to
21 receive a high school equivalency diploma is a required
22 program activity for each participant 19 years of age or
23 younger who:
24 1. Has not completed high school or obtained a high
25 school equivalency diploma;
26 2. Is a dependent child or a head of household; and
27 3. For whom it has not been determined that another
28 program activity is more appropriate.
29 (k) Teen parent services.--Participation in medical,
30 educational, counseling, and other services that are part of a
31 comprehensive program is a required activity for each teen
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 parent who participates in the welfare transition program.
2 (l) Extended education and training.--Notwithstanding
3 any other provisions of this section to the contrary, the
4 board of directors of Workforce Florida, Inc., may approve a
5 plan by a regional workforce board for assigning, as work
6 requirements, educational activities that exceed or are not
7 included in those provided elsewhere in this section and that
8 do not comply with federal work participation requirement
9 limitations. In order to be eligible to implement this
10 provision, a regional workforce board must continue to exceed
11 the overall federal work participation rate requirements. For
12 purposes of this paragraph, the board of directors of
13 Workforce Florida, Inc., may adjust the regional participation
14 requirement based on regional caseload decline. However, this
15 adjustment is limited to no more than the adjustment produced
16 by the calculation used to generate federal adjustments to the
17 participation requirement due to caseload decline.
18 (m) GED preparation and literacy
19 education.--Satisfactory attendance at secondary school or in
20 a course of study leading to a graduate equivalency diploma,
21 if a participant has not completed secondary school or
22 received such a diploma. English language proficiency
23 training may be included as a part of the education if it is
24 deemed the individual requires such training to complete
25 secondary school or to attain a graduate equivalency diploma.
26 To calculate countable hours attributable to education, a
27 participant may earn study credits equal to the number of
28 actual hours spent in formal training per week, but the total
29 number of hours earned for actual hours spent in formal
30 training and studying may not exceed a one to one and one-half
31 ratio for the week. Countable hours are subject to the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 restrictions contained in 45 C.F.R. s. 261.31.
2 (n) Providing child care services.--Providing child
3 care services to an individual who is participating in a
4 community service program pursuant to this section.
5 (2) WORK ACTIVITY REQUIREMENTS.--Each individual who
6 is not otherwise exempt must participate in a work activity,
7 except for community service work experience, for the maximum
8 number of hours allowable under federal law, provided that no
9 participant be required to work more than 40 hours per week or
10 less than the minimum number of hours required by federal law.
11 The maximum number of hours each month that a participant may
12 be required to participate in community service activities is
13 the greater of: the number of hours that would result from
14 dividing the family's monthly amount for temporary cash
15 assistance and food stamps by the federal minimum wage and
16 then dividing that result by the number of participants in the
17 family who participate in community service activities, or the
18 minimum required to meet federal participation requirements.
19 However, in no case shall the maximum hours required per week
20 for community work experience exceed 40 hours. An applicant
21 shall be referred for employment at the time of application if
22 the applicant is eligible to participate in the welfare
23 transition program.
24 (a) A participant in a work activity may also be
25 required to enroll in and attend a course of instruction
26 designed to increase literacy skills to a level necessary for
27 obtaining or retaining employment, provided that the
28 instruction plus the work activity does not require more than
29 40 hours per week.
30 (b) Program funds may be used, as available, to
31 support the efforts of a participant who meets the work
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 activity requirements and who wishes to enroll in or continue
2 enrollment in an adult general education program or a career
3 education program.
4 (3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
5 following individuals are exempt from work activity
6 requirements:
7 (a) A minor child under 16 years of age.
8 (b) An individual who receives benefits under the
9 Supplemental Security Income program or the Social Security
10 Disability Insurance program.
11 (c) Adults who are not included in the calculation of
12 temporary cash assistance in child-only cases.
13 (d) One custodial parent with a child under 3 months
14 of age, except that the parent may be required to attend
15 parenting classes or other activities to better prepare for
16 the responsibilities of raising a child. If the custodial
17 parent is 19 years of age or younger and has not completed
18 high school or the equivalent, he or she may be required to
19 attend school or other appropriate educational activities.
20 (e) An individual who is exempt from the time period
21 pursuant to s. 415.015.
22 (4) PRIORITIZATION OF WORK REQUIREMENTS.--Regional
23 workforce boards shall require participation in work
24 activities to the maximum extent possible, subject to federal
25 and state funding. If funds are projected to be insufficient
26 to allow full-time work activities by all program participants
27 who are required to participate in work activities, regional
28 workforce boards shall screen participants and assign priority
29 based on the following:
30 (a) In accordance with federal requirements, at least
31 one adult in each two-parent family shall be assigned priority
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 for full-time work activities.
2 (b) Among single-parent families, a family that has
3 older preschool children or school-age children shall be
4 assigned priority for work activities.
5 (c) A participant who has access to nonsubsidized
6 child care may be assigned priority for work activities.
7 (d) Priority may be assigned based on the amount of
8 time remaining until the participant reaches the applicable
9 time limit for program participation or may be based on
10 requirements of a case plan.
11
12 Regional workforce boards may limit a participant's weekly
13 work requirement to the minimum required to meet federal work
14 activity requirements in lieu of the level defined in
15 subsection (2). Regional workforce boards may develop
16 screening and prioritization procedures based on the
17 allocation of resources, the availability of community
18 resources, or the work activity needs of the service district.
19 (5) USE OF CONTRACTS.--Regional workforce boards shall
20 provide work activities, training, and other services, as
21 appropriate, through contracts. In contracting for work
22 activities, training, or services, the following applies:
23 (a) A contract must be performance-based. Payment
24 shall be tied to performance outcomes that include factors
25 such as, but not limited to, diversion from cash assistance,
26 job entry, job entry at a target wage, job retention, and
27 connection to transition services rather than tied to
28 completion of training or education or any other phase of the
29 program participation process.
30 (b) A contract may include performance-based incentive
31 payments that may vary according to the extent to which the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 participant is more difficult to place. Contract payments may
2 be weighted proportionally to reflect the extent to which the
3 participant has limitations associated with the long-term
4 receipt of welfare and difficulty in sustaining employment.
5 The factors may include the extent of prior receipt of
6 welfare, lack of employment experience, lack of education,
7 lack of job skills, and other factors determined appropriate
8 by the regional workforce board.
9 (c) Notwithstanding the exemption from the competitive
10 sealed bid requirements provided in s. 287.057(3)(f) for
11 certain contractual services, each contract awarded under this
12 chapter must be awarded on the basis of a competitive sealed
13 bid, except for a contract with a governmental entity as
14 determined by the regional workforce board.
15 (d) Regional workforce boards may contract with
16 commercial, charitable, or religious organizations. A contract
17 must comply with federal requirements with respect to
18 nondiscrimination and other requirements that safeguard the
19 rights of participants. Services may be provided under
20 contract, certificate, voucher, or other form of disbursement.
21 (e) The administrative costs associated with a
22 contract for services provided under this section may not
23 exceed the applicable administrative cost ceiling established
24 in federal law. An agency or entity that is awarded a contract
25 under this section may not charge more than 7 percent of the
26 value of the contract for administration, unless an exception
27 is approved by the regional workforce board. A list of any
28 exceptions approved must be submitted to the board of
29 directors of Workforce Florida, Inc., for review, and the
30 board may rescind approval of the exception.
31 (f) Regional workforce boards may enter into contracts
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 to provide short-term work experience for the chronically
2 unemployed as provided in this section.
3 (g) A tax-exempt organization under s. 501(c) of the
4 Internal Revenue Code of 1986 which receives funds under this
5 chapter must disclose receipt of federal funds on any
6 advertising, promotional, or other material in accordance with
7 federal requirements.
8 (6) PROTECTIONS FOR PARTICIPANTS.--Each participant is
9 subject to the same health, safety, and nondiscrimination
10 standards established under federal, state, or local laws that
11 otherwise apply to other individuals engaged in similar
12 activities who are not participants in the welfare transition
13 program.
14 (7) PROTECTION FOR CURRENT EMPLOYEES.--In establishing
15 and contracting for work experience and community service
16 activities, other work experience activities, on-the-job
17 training, subsidized employment, and work supplementation
18 under the welfare transition program, an employed worker may
19 not be displaced, either completely or partially. A
20 participant may not be assigned to an activity or employed in
21 a position if the employer has created the vacancy or
22 terminated an existing employee without good cause in order to
23 fill that position with a program participant.
24 (8) CONTRACTS FOR VOCATIONAL ASSESSMENTS AND WORK
25 EVALUATIONS.--Vocational assessments or work evaluations by
26 the Occupational Access and Opportunity Commission pursuant to
27 this section shall be performed under contract with the
28 regional workforce boards.
29 Section 25. Section 414.20, Florida Statutes, is
30 transferred, renumbered as section 445.025, Florida Statutes,
31 and amended to read:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 445.025 414.20 Other support services.--Support
2 services shall be provided, if resources permit, to assist
3 participants in complying with work activity requirements
4 outlined in s. 445.024 s. 414.065. If resources do not permit
5 the provision of needed support services, the regional
6 workforce board department and the local WAGES coalition may
7 prioritize or otherwise limit provision of support services.
8 This section does not constitute an entitlement to support
9 services. Lack of provision of support services may be
10 considered as a factor in determining whether good cause
11 exists for failing to comply with work activity requirements
12 but does not automatically constitute good cause for failing
13 to comply with work activity requirements, and does not affect
14 any applicable time limit on the receipt of temporary cash
15 assistance or the provision of services under this chapter
16 414. Support services shall include, but need not be limited
17 to:
18 (1) TRANSPORTATION.--Transportation expenses may be
19 provided to any participant when the assistance is needed to
20 comply with work activity requirements or employment
21 requirements, including transportation to and from a child
22 care provider. Payment may be made in cash or tokens in
23 advance or through reimbursement paid against receipts or
24 invoices. Transportation services may include, but are not
25 limited to, cooperative arrangements with the following:
26 public transit providers; community transportation
27 coordinators designated under chapter 427; school districts;
28 churches and community centers; donated motor vehicle
29 programs, van pools, and ridesharing programs; small
30 enterprise developments and entrepreneurial programs that
31 encourage WAGES participants to become transportation
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 providers; public and private transportation partnerships; and
2 other innovative strategies to expand transportation options
3 available to program participants.
4 (a) Regional workforce boards may Local WAGES
5 coalitions are authorized to provide payment for vehicle
6 operational and repair expenses, including repair expenditures
7 necessary to make a vehicle functional; vehicle registration
8 fees; driver's license fees; and liability insurance for the
9 vehicle for a period of up to 6 months. Request for vehicle
10 repairs must be accompanied by an estimate of the cost
11 prepared by a repair facility registered under s. 559.904.
12 (b) Transportation disadvantaged funds as defined in
13 chapter 427 do not include WAGES support services funds or
14 funds appropriated to assist persons eligible under the Job
15 Training Partnership Act. It is the intent of the Legislature
16 that local WAGES coalitions and regional workforce development
17 boards consult with local community transportation
18 coordinators designated under chapter 427 regarding the
19 availability and cost of transportation services through the
20 coordinated transportation system prior to contracting for
21 comparable transportation services outside the coordinated
22 system.
23 (2) ANCILLARY EXPENSES.--Ancillary expenses such as
24 books, tools, clothing, fees, and costs necessary to comply
25 with work activity requirements or employment requirements may
26 be provided.
27 (3) MEDICAL SERVICES.--A family that meets the
28 eligibility requirements for Medicaid shall receive medical
29 services under the Medicaid program.
30 (4) PERSONAL AND FAMILY COUNSELING AND
31 THERAPY.--Counseling may be provided to participants who have
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 a personal or family problem or problems caused by substance
2 abuse that is a barrier to compliance with work activity
3 requirements or employment requirements. In providing these
4 services, regional workforce boards the department and local
5 WAGES coalitions shall use services that are available in the
6 community at no additional cost. If these services are not
7 available, regional workforce boards the department and local
8 WAGES coalitions may use support services funds. Personal or
9 family counseling not available through Medicaid may not be
10 considered a medical service for purposes of the required
11 statewide implementation plan or use of federal funds.
12 Section 26. Section 414.1525, Florida Statutes, is
13 transferred, renumbered as section 445.026, Florida Statutes,
14 and amended to read:
15 445.026 414.1525 Cash assistance severance benefit
16 WAGES early exit diversion program.--An individual who meets
17 the criteria listed in this section may choose to receive a
18 lump-sum payment in lieu of ongoing cash assistance payments,
19 provided the individual:
20 (1) Is employed and is receiving earnings, and would
21 be eligible to receive cash assistance in an amount less than
22 $100 per month given the WAGES earnings disregard.
23 (2) Has received cash assistance for at least 6 3
24 consecutive months.
25 (3) Expects to remain employed for at least 6 months.
26 (4) Chooses to receive a one-time, lump-sum payment in
27 lieu of ongoing monthly payments.
28 (5) Provides employment and earnings information to
29 the regional workforce board department, so that the regional
30 workforce board department can ensure that the family's
31 eligibility for severance transitional benefits can be
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 evaluated.
2 (6) Signs an agreement not to apply for or accept cash
3 assistance for 6 months after receipt of the one-time payment.
4 In the event of an emergency, such agreement shall provide for
5 an exception to this restriction, provided that the one-time
6 payment shall be deducted from any cash assistance for which
7 the family subsequently is approved. This deduction may be
8 prorated over an 8-month period. The board of directors of
9 Workforce Florida, Inc., department shall adopt criteria rules
10 defining the conditions under which a family may receive cash
11 assistance due to such emergency.
12
13 Such individual may choose to accept a one-time, lump-sum
14 payment of $1,000 in lieu of receiving ongoing cash
15 assistance. Such payment shall only count toward the time
16 limitation for the month in which the payment is made in lieu
17 of cash assistance. A participant choosing to accept such
18 payment shall be terminated from cash assistance. However,
19 eligibility for Medicaid, food stamps, or child care shall
20 continue, subject to the eligibility requirements of those
21 programs.
22 Section 27. Section 445.028, Florida Statutes, is
23 created to read:
24 445.028 Transitional benefits and services.--In
25 cooperation with Workforce Florida, Inc., the Department of
26 Children and Family Services shall develop procedures to
27 ensure that families leaving the temporary cash assistance
28 program receive transitional benefits and services that will
29 assist the family in moving toward self-sufficiency. At a
30 minimum, such procedures must include, but are not limited to,
31 the following:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (1) Each recipient of cash assistance who is
2 determined ineligible for cash assistance for a reason other
3 than a work activity sanction shall be contacted by the
4 workforce system case manager and provided information about
5 the availability of transitional benefits and services. Such
6 contact shall be attempted prior to closure of the case
7 management file.
8 (2) Each recipient of temporary cash assistance who is
9 determined ineligible for cash assistance due to noncompliance
10 with the work activity requirements shall be contacted and
11 provided information in accordance with s. 414.065(1).
12 (3) The department, in consultation with the board of
13 directors of Workforce Florida, Inc., shall develop
14 informational material, including posters and brochures, to
15 better inform families about the availability of transitional
16 benefits and services.
17 (4) Workforce Florida, Inc., in cooperation with the
18 Department of Children and Family Services shall, to the
19 extent permitted by federal law, develop procedures to
20 maximize the utilization of transitional Medicaid by families
21 who leave the temporary cash assistance program.
22 Section 28. Section 414.21, Florida Statutes, is
23 transferred, renumbered as section 445.029, Florida Statutes,
24 and amended to read:
25 445.029 414.21 Transitional medical benefits.--
26 (1) A family that loses its temporary cash assistance
27 due to earnings shall remain eligible for Medicaid without
28 reapplication during the immediately succeeding 12-month
29 period if private medical insurance is unavailable from the
30 employer or is unaffordable.
31 (a) The family shall be denied Medicaid during the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 12-month period for any month in which the family does not
2 include a dependent child.
3 (b) The family shall be denied Medicaid if, during the
4 second 6 months of the 12-month period, the family's average
5 gross monthly earnings during the preceding month exceed 185
6 percent of the federal poverty level.
7 (2) The family shall be informed of transitional
8 Medicaid when the family is notified by the Department of
9 Children and Family Services of the termination of temporary
10 cash assistance. The notice must include a description of the
11 circumstances in which the transitional Medicaid may be
12 terminated.
13 Section 29. Section 414.22, Florida Statutes, is
14 transferred, renumbered as section 445.030, Florida Statutes,
15 and amended to read:
16 445.030 414.22 Transitional education and
17 training.--In order to assist current and former recipients of
18 temporary cash assistance participants who are working or
19 actively seeking employment in continuing their training and
20 upgrading their skills, education, or training, support
21 services may be provided to a participant for up to 2 years
22 after the family participant is no longer receiving temporary
23 cash assistance in the program. This section does not
24 constitute an entitlement to transitional education and
25 training. If funds are not sufficient to provide services
26 under this section, the WAGES Program State board of directors
27 of Workforce Florida, Inc., may limit or otherwise prioritize
28 transitional education and training.
29 (1) Education or training resources available in the
30 community at no additional cost to the WAGES Program shall be
31 used whenever possible.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (2) Regional workforce boards The local WAGES
2 coalitions may authorize child care or other support services
3 in addition to services provided in conjunction with
4 employment. For example, a participant who is employed full
5 time may receive subsidized child care related to that
6 employment and may also receive additional subsidized child
7 care in conjunction with training to upgrade the participant's
8 skills.
9 (3) Transitional education or training must be
10 job-related, but may include training to improve job skills in
11 a participant's existing area of employment or may include
12 training to prepare a participant for employment in another
13 occupation.
14 (4) A regional workforce board local WAGES coalition
15 may enter into an agreement with an employer to share the
16 costs relating to upgrading the skills of participants hired
17 by the employer. For example, a regional workforce board local
18 WAGES coalitions may agree to provide support services such as
19 transportation or a wage subsidy in conjunction with training
20 opportunities provided by the employer.
21 Section 30. Section 414.225, Florida Statutes, is
22 transferred, renumbered as section 445.031, Florida Statutes,
23 and amended to read:
24 445.031 414.225 Transitional transportation.--In order
25 to assist former recipients of temporary cash assistance WAGES
26 participants in maintaining and sustaining employment or
27 educational opportunities, transportation may be provided, if
28 funds are available, for up to 2 years 1 year after the
29 participant is no longer in the program. This does not
30 constitute an entitlement to transitional transportation. If
31 funds are not sufficient to provide services under this
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 section, regional workforce boards the department may limit or
2 otherwise prioritize transportation services.
3 (1) Transitional transportation must be job or
4 education related.
5 (2) Transitional transportation may include expenses
6 identified in s. 445.025 s. 414.20, paid directly or by
7 voucher, as well as a vehicle valued at not more than $8,500
8 if the vehicle is needed for training, employment, or
9 educational purposes.
10 Section 31. Section 445.032, Florida Statutes, is
11 created to read:
12 445.032 Transitional child care.--In order to assist
13 former welfare transition program participants and individuals
14 who have been redirected through up-front diversion,
15 transitional child care is available for up to 2 years:
16 (a) After a participant has left the program due to
17 employment and whose income does not exceed 200 percent of the
18 federal poverty level at any time during that 2-year period.
19 (b) To an individual who has been redirected through
20 up-front diversion and whose income does not exceed 200
21 percent of the federal poverty level at any time during that
22 2-year period.
23 Section 32. Section 414.23, Florida Statutes, is
24 transferred, renumbered as section 445.033, Florida Statutes,
25 and amended to read:
26 445.033 414.23 Evaluation.--The department and the
27 WAGES Program State board of directors of Workforce Florida,
28 Inc., and the Department of Children and Family Services shall
29 arrange for evaluation of TANF-funded programs operated under
30 this chapter, as follows:
31 (1) If required by federal waivers or other federal
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 requirements, the department and the WAGES Program State board
2 of directors of Workforce Florida, Inc., and the department
3 may provide for evaluation according to these requirements.
4 (2) The department and the WAGES Program State board
5 of directors of Workforce Florida, Inc., and the department
6 shall participate in the evaluation of this program in
7 conjunction with evaluation of the state's workforce
8 development programs or similar activities aimed at evaluating
9 program outcomes, cost-effectiveness, or return on investment,
10 and the impact of time limits, sanctions, and other welfare
11 reform measures set out in this chapter. Evaluation shall also
12 contain information on the number of participants in work
13 experience assignments who obtain unsubsidized employment,
14 including, but not limited to, the length of time the
15 unsubsidized job is retained, wages, and the public benefits,
16 if any, received by such families while in unsubsidized
17 employment. The evaluation shall solicit the input of
18 consumers, community-based organizations, service providers,
19 employers, and the general public, and shall publicize,
20 especially in low-income communities, the process for
21 submitting comments.
22 (3) The department and the WAGES Program State board
23 of directors of Workforce Florida, Inc., and the department
24 may share information with and develop protocols for
25 information exchange with the Florida Education and Training
26 Placement Information Program.
27 (4) The department and the WAGES Program State board
28 of directors of Workforce Florida, Inc., and the department
29 may initiate or participate in additional evaluation or
30 assessment activities that will further the systematic study
31 of issues related to program goals and outcomes.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (5) In providing for evaluation activities, the
2 department and the WAGES Program State board of directors of
3 Workforce Florida, Inc., and the department shall safeguard
4 the use or disclosure of information obtained from program
5 participants consistent with federal or state requirements.
6 The department and the WAGES Program State Board of Directors
7 may use Evaluation methodologies may be used which that are
8 appropriate for evaluation of program activities, including
9 random assignment of recipients or participants into program
10 groups or control groups. To the extent necessary or
11 appropriate, evaluation data shall provide information with
12 respect to the state, district, or county, or other substate
13 area.
14 (6) The department and the WAGES Program State board
15 of directors of Workforce Florida, Inc., and the department
16 may contract with a qualified organization for evaluations
17 conducted under this section.
18 (7) Evaluations described in this section are exempt
19 from the provisions of s. 381.85.
20 Section 33. Section 445.034, Florida Statutes, is
21 created to read:
22 445.034 Authorized expenditures.--Any expenditures
23 from the Temporary Assistance for Needy Families block grant
24 shall be made in accordance with the requirements and
25 limitations of part A of Title IV of the Social Security Act,
26 as amended, or any other applicable federal requirement or
27 limitation. Prior to any expenditure of such funds, the
28 Secretary of Children and Family Services, or his or her
29 designee, shall certify that controls are in place to ensure
30 such funds are expended in accordance with the requirements
31 and limitations of federal law and that any reporting
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 requirements of federal law are met. It shall be the
2 responsibility of any entity to which such funds are
3 appropriated to obtain the required certification prior to any
4 expenditure of funds.
5 Section 34. Section 414.44, Florida Statutes, is
6 transferred, renumbered as section 445.035, Florida Statutes,
7 and amended to read:
8 445.035 414.44 Data collection and reporting.--The
9 Department of Children and Family Services department and the
10 WAGES Program State board of directors of Workforce Florida,
11 Inc., shall collect data necessary to administer this chapter
12 and make the reports required under federal law to the United
13 States Department of Health and Human Services and the United
14 States Department of Agriculture.
15 Section 35. Section 414.025, Florida Statutes, is
16 amended to read:
17 414.025 Legislative intent.--
18 (1) It is the intent of the Legislature that families
19 in this state be strong and economically self-sufficient so as
20 to require minimal involvement by an efficient government.
21 (2) The purpose of this act is to develop
22 opportunities for families which provide for their needs,
23 enhance their well-being, and preserve the integrity of the
24 family free of impediments to self-reliance.
25 (3) The WAGES Program shall emphasize work,
26 self-sufficiency, and personal responsibility while meeting
27 the transitional needs of program participants who need
28 short-term assistance toward achieving independent, productive
29 lives and gaining the responsibility that comes with
30 self-sufficiency.
31 (4) The WAGES Program shall take full advantage of the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 flexibility provided under federal law, which allows for
2 efficiency through a simplified program and encourages a
3 program designed to focus on results rather than process.
4 (2)(5) This chapter does not entitle any individual or
5 family to assistance under the WAGES Program or Title IV-A of
6 the Social Security Act, as amended.
7 Section 36. Section 414.0252, Florida Statutes, is
8 amended to read:
9 414.0252 Definitions.--As used in ss. 414.025-414.55
10 ss. 414.015-414.45, the term:
11 (1) "Alternative payee" means an individual who
12 receives temporary assistance payments on behalf of a minor.
13 (2) "Applicant" means an individual who applies to
14 participate in the temporary family assistance program and
15 submits a signed and dated application.
16 (3) "Department" means the Department of Children and
17 Family Services.
18 (4) "Domestic violence" means any assault, aggravated
19 assault, battery, aggravated battery, sexual assault, sexual
20 battery, stalking, aggravated stalking, kidnapping, false
21 imprisonment, or any criminal offense that results in the
22 physical injury or death of one family or household member by
23 another.
24 (5) "Family" means the assistance group or the
25 individuals whose needs, resources, and income are considered
26 when determining eligibility for temporary assistance. The
27 family for purposes of temporary assistance includes the minor
28 child, custodial parent, or caretaker relative who resides in
29 the same house or living unit. The family may also include
30 individuals whose income and resources are considered in whole
31 or in part in determining eligibility for temporary assistance
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 but whose needs, due to federal or state restrictions, are not
2 considered. These individuals include, but are not limited to,
3 ineligible noncitizens or sanctioned individuals.
4 (6) "Family or household member" means spouses, former
5 spouses, noncohabitating partners, persons related by blood or
6 marriage, persons who are presently residing together as if a
7 family or who have resided together in the past as if a
8 family, and persons who have a child in common regardless of
9 whether they have been married or have resided together at any
10 time.
11 (7) "Homeless" means an individual who lacks a fixed,
12 regular, and adequate nighttime residence or an individual who
13 has a primary nighttime residence that is:
14 (a) A supervised publicly or privately operated
15 shelter designed to provide temporary living accommodations,
16 including welfare hotels, congregate shelters, and
17 transitional housing for the mentally ill;
18 (b) An institution that provides a temporary residence
19 for individuals intended to be institutionalized; or
20 (c) A public or private place not designed for, or
21 ordinarily used as, a regular sleeping accommodation for human
22 beings.
23 (8) "Minor child" means a child under 18 years of age,
24 or under 19 years of age if the child is a full-time student
25 in a secondary school or at the equivalent level of vocational
26 or technical training, and does not include anyone who is
27 married or divorced.
28 (9) "Participant" means an individual who has applied
29 for or receives temporary cash assistance or services under
30 the WAGES Program.
31 (10) "Public assistance" means benefits paid on the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 basis of the temporary cash assistance, food stamp, Medicaid,
2 or optional state supplementation program.
3 (11) "Relative caretaker" or "caretaker relative"
4 means an adult who has assumed the primary responsibility of
5 caring for a child and who is related to the child by blood or
6 marriage.
7 (12) "Services and one-time payments" or "services,"
8 when used in reference to individuals who are not receiving
9 temporary cash assistance, means nonrecurrent, short-term
10 benefits designed to deal with a specific crisis situation or
11 episode of need and other services; work subsidies; supportive
12 services such as child care and transportation; services such
13 as counseling, case management, peer support, and child care
14 information and referral; transitional services, job
15 retention, job advancement, and other employment-related
16 services; nonmedical treatment for substance abuse or mental
17 health problems; and any other services that are reasonably
18 calculated to further the purposes of the WAGES Program and
19 the federal Temporary Assistance for Needy Families program.
20 Such terms do not include assistance as defined in federal
21 regulations at 45 C.F.R. s. 260.31(a).
22 (12)(13) "Temporary cash assistance" means cash
23 assistance provided under the state program certified under
24 Title IV-A of the Social Security Act, as amended.
25 Section 37. Section 414.045, Florida Statutes, is
26 amended to read:
27 414.045 Cash assistance program.--Cash assistance
28 families include any families receiving cash assistance
29 payments from the state program for temporary assistance for
30 needy families as defined in federal law, whether such funds
31 are from federal funds, state funds, or commingled federal and
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 state funds. Cash assistance families may also include
2 families receiving cash assistance through a program defined
3 as a separate state program.
4 (1) For reporting purposes, families receiving cash
5 assistance shall be grouped in the following categories. The
6 department may develop additional groupings in order to comply
7 with federal reporting requirements, to comply with the
8 data-reporting needs of the WAGES Program State board of
9 directors of Workforce Florida, Inc., or to better inform the
10 public of program progress. Program reporting data shall
11 include, but not necessarily be limited to, the following
12 groupings:
13 (a) Work-eligible WAGES cases.--Work-eligible WAGES
14 cases shall include:
15 1. Families containing an adult or a teen head of
16 household, as defined by federal law. These cases are
17 generally subject to the work activity requirements provided
18 in s. 445.024 s. 414.065 and the time limitations on benefits
19 provided in s. 414.105.
20 2. Families with a parent where the parent's needs
21 have been removed from the case due to sanction or
22 disqualification shall be considered work-eligible WAGES cases
23 to the extent that such cases are considered in the
24 calculation of federal participation rates or would be counted
25 in such calculation in future months.
26 3. Families participating in transition assistance
27 programs.
28 4. Families otherwise eligible for temporary cash
29 assistance the WAGES Program that receive a diversion
30 services, a severance or early exit payment, or participate in
31 the relocation program.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (b) Child-only cases.--Child-only cases include cases
2 that do not have an adult or teen head of household as defined
3 in federal law. Such cases include:
4 1. Child-only families with children in the care of
5 caretaker relatives where the caretaker relatives choose to
6 have their needs excluded in the calculation of the amount of
7 cash assistance.
8 2. Families in the Relative Caregiver Program as
9 provided in s. 39.5085.
10 3. Families in which the only parent in a
11 single-parent family or both parents in a two-parent family
12 receive supplemental security income (SSI) benefits under
13 Title XVI of the Social Security Act, as amended. To the
14 extent permitted by federal law, individuals receiving SSI
15 shall be excluded as household members in determining the
16 amount of cash assistance, and such cases shall not be
17 considered families containing an adult. Parents or caretaker
18 relatives who are excluded from the cash assistance group due
19 to receipt of SSI may choose to participate in WAGES work
20 activities. An individual who volunteers to participate in
21 WAGES work activity but whose ability to participate in work
22 activities is limited shall be assigned to work activities
23 consistent with such limitations. An individual who volunteers
24 to participate in a WAGES work activity may receive
25 WAGES-related child care or support services consistent with
26 such participation.
27 4. Families where the only parent in a single-parent
28 family or both parents in a two-parent family are not eligible
29 for cash assistance due to immigration status or other
30 requirements of federal law. To the extent required by federal
31 law, such cases shall not be considered families containing an
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 adult.
2
3 Families described in subparagraph 1., subparagraph 2., or
4 subparagraph 3. may receive child care assistance or other
5 supports or services so that the children may continue to be
6 cared for in their own homes or the homes of relatives. Such
7 assistance or services may be funded from the temporary
8 assistance for needy families block grant to the extent
9 permitted under federal law and to the extent permitted by
10 appropriation of funds.
11 (2) The Oversight by of the WAGES Program State board
12 of directors of Workforce Florida, Inc., and the service
13 delivery and financial planning responsibilities of the
14 regional workforce boards local WAGES coalitions shall apply
15 to the families defined as work-eligible WAGES cases in
16 paragraph (1)(a). The department shall be responsible for
17 program administration related to families in groups defined
18 in paragraph (1)(b), and the department shall coordinate such
19 administration with the WAGES Program State board of directors
20 of Workforce Florida, Inc., to the extent needed for operation
21 of the program.
22 Section 38. Section 414.065, Florida Statutes, is
23 amended to read:
24 414.065 Noncompliance with work requirements.--
25 (1) WORK ACTIVITIES.--The following activities may be
26 used individually or in combination to satisfy the work
27 requirements for a participant in the WAGES Program:
28 (a) Unsubsidized employment.--Unsubsidized employment
29 is full-time employment or part-time employment that is not
30 directly supplemented by federal or state funds. Paid
31 apprenticeship and cooperative education activities are
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 included in this activity.
2 (b) Subsidized private sector employment.--Subsidized
3 private sector employment is employment in a private
4 for-profit enterprise or a private not-for-profit enterprise
5 which is directly supplemented by federal or state funds. A
6 subsidy may be provided in one or more of the forms listed in
7 this paragraph.
8 1. Work supplementation.--A work supplementation
9 subsidy diverts a participant's temporary cash assistance
10 under the program to the employer. The employer must pay the
11 participant wages that equal or exceed the applicable federal
12 minimum wage. Work supplementation may not exceed 6 months. At
13 the end of the supplementation period, the employer is
14 expected to retain the participant as a regular employee
15 without receiving a subsidy. A work supplementation agreement
16 may not be continued with any employer who exhibits a pattern
17 of failing to provide participants with continued employment
18 after the period of work supplementation ends.
19 2. On-the-job training.--On-the-job training is
20 full-time, paid employment in which the employer or an
21 educational institution in cooperation with the employer
22 provides training needed for the participant to perform the
23 skills required for the position. The employer or the
24 educational institution on behalf of the employer receives a
25 subsidy to offset the cost of the training provided to the
26 participant. Upon satisfactory completion of the training, the
27 employer is expected to retain the participant as a regular
28 employee without receiving a subsidy. An on-the-job training
29 agreement may not be continued with any employer who exhibits
30 a pattern of failing to provide participants with continued
31 employment after the on-the-job training subsidy ends.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 3. Incentive payments.--The department and local WAGES
2 coalitions may provide additional incentive payments to
3 encourage employers to employ program participants. Incentive
4 payments may include payments to encourage the employment of
5 hard-to-place participants, in which case the amount of the
6 payment shall be weighted proportionally to the extent to
7 which the participant has limitations associated with the
8 long-term receipt of welfare and difficulty in sustaining
9 employment. In establishing incentive payments, the department
10 and local WAGES coalitions shall consider the extent of prior
11 receipt of welfare, lack of employment experience, lack of
12 education, lack of job skills, and other appropriate factors.
13 A participant who has complied with program requirements and
14 who is approaching the time limit for receiving temporary cash
15 assistance may be defined as "hard-to-place." Incentive
16 payments may include payments in which an initial payment is
17 made to the employer upon the employment of a participant, and
18 the majority of the incentive payment is made after the
19 employer retains the participant as a full-time employee for
20 at least 12 months. An incentive agreement may not be
21 continued with any employer who exhibits a pattern of failing
22 to provide participants with continued employment after the
23 incentive payments cease.
24 4. Tax credits.--An employer who employs a program
25 participant may qualify for enterprise zone property tax
26 credits under s. 220.182, the tax refund program for qualified
27 target industry businesses under s. 288.106, or other federal
28 or state tax benefits. The department and the Department of
29 Labor and Employment Security shall provide information and
30 assistance, as appropriate, to use such credits to accomplish
31 program goals.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 5. WAGES training bonus.--An employer who hires a
2 WAGES participant who has less than 6 months of eligibility
3 for temporary cash assistance remaining and who pays the
4 participant a wage that precludes the participant's
5 eligibility for temporary cash assistance may receive $240 for
6 each full month of employment for a period that may not exceed
7 3 months. An employer who receives a WAGES training bonus for
8 an employee may not receive a work supplementation subsidy for
9 the same employee. Employment is defined as 35 hours per week
10 at a wage of no less than minimum wage.
11 (c) Subsidized public sector employment.--Subsidized
12 public sector employment is employment by an agency of the
13 federal, state, or local government which is directly
14 supplemented by federal or state funds. The applicable
15 subsidies provided under paragraph (b) may be used to
16 subsidize employment in the public sector, except that
17 priority for subsidized employment shall be employment in the
18 private sector. Public sector employment is distinguished from
19 work experience in that the participant is paid wages and
20 receives the same benefits as a nonsubsidized employee who
21 performs similar work. Work-study activities administered by
22 educational institutions are included in this activity.
23 (d) Community service work experience.--Community
24 service work experience is job training experience at a
25 supervised public or private not-for-profit agency. A
26 participant shall receive temporary cash assistance in the
27 form of wages, which, when combined with the value of food
28 stamps awarded to the participant, is proportional to the
29 amount of time worked. A participant in the WAGES Program or
30 the Food Stamp Employment and Training program assigned to
31 community service work experience shall be deemed an employee
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 of the state for purposes of workers' compensation coverage
2 and is subject to the requirements of the drug-free workplace
3 program. Community service work experience may be selected as
4 an activity for a participant who needs to increase
5 employability by improving his or her interpersonal skills,
6 job-retention skills, stress management, and job problem
7 solving, and by learning to attain a balance between job and
8 personal responsibilities. Community service is intended to:
9 1. Assess WAGES Program compliance before referral of
10 the participant to costly services such as career education;
11 2. Maintain work activity status while the participant
12 awaits placement into paid employment or training;
13 3. Fulfill a clinical practicum or internship
14 requirement related to employment; or
15 4. Provide work-based mentoring.
16
17 As used in this paragraph, the terms "community service
18 experience," "community work," and "workfare" are synonymous.
19 (e) Work experience.--Work experience is an
20 appropriate work activity for participants who lack
21 preparation for or experience in the workforce. It must
22 combine a job training activity in a public or private
23 not-for-profit agency with education and training related to
24 an employment goal. To qualify as a work activity, work
25 experience must include education and training in addition to
26 the time required by the work activity, and the work activity
27 must be intensively supervised and structured. The WAGES
28 Program shall contract for any services provided for clients
29 who are assigned to this activity and shall require
30 performance benchmarks, goals, outcomes, and time limits
31 designed to assure that the participant moves toward full-time
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 paid employment. A participant shall receive temporary cash
2 assistance proportional to the time worked. A participant
3 assigned to work experience is an employee of the state for
4 purposes of workers' compensation coverage and is subject to
5 the requirements of the drug-free workplace program.
6 (f) Job search and job readiness assistance.--Job
7 search assistance may include supervised or unsupervised
8 job-seeking activities. Job readiness assistance provides
9 support for job-seeking activities, which may include:
10 1. Orientation to the world of work and basic
11 job-seeking and job retention skills.
12 2. Instruction in completing an application for
13 employment and writing a resume.
14 3. Instruction in conducting oneself during a job
15 interview, including appropriate dress.
16 4. Instruction in how to retain a job, plan a career,
17 and perform successfully in the workplace.
18
19 Job readiness assistance may also include providing a
20 participant with access to an employment resource center that
21 contains job listings, telephones, facsimile machines,
22 typewriters, and word processors. Job search and job readiness
23 activities may be used in conjunction with other program
24 activities, such as work experience, but may not be the
25 primary work activity for longer than the length of time
26 permitted under federal law.
27 (g) Vocational education or training.--Vocational
28 education or training is education or training designed to
29 provide participants with the skills and certification
30 necessary for employment in an occupational area. Vocational
31 education or training may be used as a 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 participants when it has been determined that the
2 individual has demonstrated compliance with other phases of
3 program participation and successful completion of the
4 vocational education or training is likely to result in
5 employment entry at a higher wage than the participant would
6 have been likely to attain without completion of the
7 vocational education or training. Vocational education or
8 training may be combined with other program activities and
9 also may be used to upgrade skills or prepare for a higher
10 paying occupational area for a participant who is employed.
11 1. Unless otherwise provided in this section,
12 vocational education shall not be used as the primary program
13 activity for a period which exceeds 12 months. The 12-month
14 restriction applies to instruction in a career education
15 program and does not include remediation of basic skills,
16 including English language proficiency, if remediation is
17 necessary to enable a WAGES participant to benefit from a
18 career education program. Any necessary remediation must be
19 completed before a participant is referred to vocational
20 education as the primary work activity. In addition, use of
21 vocational education or training shall be restricted to the
22 limitation established in federal law. Vocational education
23 included in a program leading to a high school diploma shall
24 not be considered vocational education for purposes of this
25 section.
26 2. When possible, a provider of vocational education
27 or training shall use funds provided by funding sources other
28 than the department or the local WAGES coalition. Either
29 department may provide additional funds to a vocational
30 education or training provider only if payment is made
31 pursuant to a performance-based contract. Under a
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 performance-based contract, the provider may be partially paid
2 when a participant completes education or training, but the
3 majority of payment shall be made following the participant's
4 employment at a specific wage or job retention for a specific
5 duration. Performance-based payments made under this
6 subparagraph are limited to education or training for targeted
7 occupations identified by the Occupational Forecasting
8 Conference under s. 216.136, or other programs identified by
9 the Workforce Development Board as beneficial to meet the
10 needs of designated groups, such as WAGES participants, who
11 are hard to place. If the contract pays the full cost of
12 training, the community college or school district may not
13 report the participants for other state funding, except that
14 the college or school district may report WAGES clients for
15 performance incentives or bonuses authorized for student
16 enrollment, completion, and placement.
17 (h) Job skills training.--Job skills training includes
18 customized training designed to meet the needs of a specific
19 employer or a specific industry. Job skills training shall
20 include literacy instruction, and may include English
21 proficiency instruction or Spanish language or other language
22 instruction if necessary to enable a participant to perform in
23 a specific job or job training program or if the training
24 enhances employment opportunities in the local community. A
25 participant may be required to complete an entrance assessment
26 or test before entering into job skills training.
27 (i) Education services related to employment for
28 participants 19 years of age or younger.--Education services
29 provided under this paragraph are designed to prepare a
30 participant for employment in an occupation. The department
31 shall coordinate education services with the school-to-work
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 activities provided under s. 229.595. Activities provided
2 under this paragraph are restricted to participants 19 years
3 of age or younger who have not completed high school or
4 obtained a high school equivalency diploma.
5 (j) School attendance.--Attendance at a high school or
6 attendance at a program designed to prepare the participant to
7 receive a high school equivalency diploma is a required
8 program activity for each participant 19 years of age or
9 younger who:
10 1. Has not completed high school or obtained a high
11 school equivalency diploma;
12 2. Is a dependent child or a head of household; and
13 3. For whom it has not been determined that another
14 program activity is more appropriate.
15 (k) Teen parent services.--Participation in medical,
16 educational, counseling, and other services that are part of a
17 comprehensive program is a required activity for each teen
18 parent who participates in the WAGES Program.
19 (l) Extended education and training.--Notwithstanding
20 any other provisions of this section to the contrary, the
21 WAGES Program State Board of Directors may approve a plan by a
22 local WAGES coalition for assigning, as work requirements,
23 educational activities that exceed or are not included in
24 those provided elsewhere in this section and that do not
25 comply with federal work participation requirement
26 limitations. In order to be eligible to implement this
27 provision, a coalition must continue to exceed the overall
28 federal work participation rate requirements. For purposes of
29 this paragraph, the WAGES Program State Board of Directors may
30 adjust the regional participation requirement based on
31 regional caseload decline. However, this adjustment is
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 limited to no more than the adjustment produced by the
2 calculation used to generate federal adjustments to the
3 participation requirement due to caseload decline.
4 (2) WORK ACTIVITY REQUIREMENTS.--Each individual who
5 is not otherwise exempt must participate in a work activity,
6 except for community service work experience, for the maximum
7 number of hours allowable under federal law, provided that no
8 participant be required to work more than 40 hours per week or
9 less than the minimum number of hours required by federal law.
10 The maximum number of hours each month that a participant may
11 be required to participate in community service activities is
12 the greater of: the number of hours that would result from
13 dividing the family's monthly amount for temporary cash
14 assistance and food stamps by the federal minimum wage and
15 then dividing that result by the number of participants in the
16 family who participate in community service activities; or the
17 minimum required to meet federal participation requirements.
18 However, in no case shall the maximum hours required per week
19 for community work experience exceed 40 hours. An applicant
20 shall be referred for employment at the time of application if
21 the applicant is eligible to participate in the WAGES Program.
22 (a) A participant in a work activity may also be
23 required to enroll in and attend a course of instruction
24 designed to increase literacy skills to a level necessary for
25 obtaining or retaining employment, provided that the
26 instruction plus the work activity does not require more than
27 40 hours per week.
28 (b) WAGES Program funds may be used, as available, to
29 support the efforts of a participant who meets the work
30 activity requirements and who wishes to enroll in or continue
31 enrollment in an adult general education program or a career
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 education program.
2 (3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
3 following individuals are exempt from work activity
4 requirements:
5 (a) A minor child under age 16, except that a child
6 exempted from this provision shall be subject to the
7 requirements of paragraph (1)(i) and s. 414.125.
8 (b) An individual who receives benefits under the
9 Supplemental Security Income program or the Social Security
10 Disability Insurance program.
11 (c) Adults who are not included in the calculation of
12 temporary cash assistance in child-only cases.
13 (d) One custodial parent with a child under 3 months
14 of age, except that the parent may be required to attend
15 parenting classes or other activities to better prepare for
16 the responsibilities of raising a child. If the custodial
17 parent is age 19 or younger and has not completed high school
18 or the equivalent, he or she may be required to attend school
19 or other appropriate educational activities.
20 (1)(4) PENALTIES FOR NONPARTICIPATION IN WORK
21 REQUIREMENTS AND FAILURE TO COMPLY WITH ALTERNATIVE
22 REQUIREMENT PLANS.--The department shall establish procedures
23 for administering penalties for nonparticipation in work
24 requirements and failure to comply with the alternative
25 requirement plan. If an individual in a family receiving
26 temporary cash assistance fails to engage in work activities
27 required in accordance with s. 445.024 this section, the
28 following penalties shall apply. Prior to the imposition of a
29 sanction, the participant shall be notified orally or in
30 writing that the participant is subject to sanction and that
31 action will be taken to impose the sanction unless the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 participant complies with the work activity requirements. The
2 participant shall be counseled as to the consequences of
3 noncompliance and, if appropriate, shall be referred for
4 services that could assist the participant to fully comply
5 with program requirements. If the participant has good cause
6 for noncompliance or demonstrates satisfactory compliance, the
7 sanction shall not be imposed. If the participant has
8 subsequently obtained employment, the participant shall be
9 counseled regarding the transitional benefits that may be
10 available and provided information about how to access such
11 benefits. Notwithstanding provisions of this section to the
12 contrary, if the Federal Government does not allow food stamps
13 to be treated under sanction as provided in this section, The
14 department shall attempt to secure a waiver that provides for
15 procedures as similar as possible to those provided in this
16 section and shall administer sanctions related to food stamps
17 consistent with federal regulations.
18 (a)1. First noncompliance: temporary cash assistance
19 shall be terminated for the family for a minimum of 10 days or
20 until the individual who failed to comply does so, and food
21 stamp benefits shall not be increased as a result of the loss
22 of temporary cash assistance.
23 2. Second noncompliance: temporary cash assistance
24 and food stamps shall be terminated for the family for 1 month
25 or until the individual who failed to comply does so,
26 whichever is later demonstrates compliance in the required
27 work activity for a period of 30 days. Upon meeting this
28 requirement compliance, temporary cash assistance and food
29 stamps shall be reinstated to the date of compliance or the
30 first day of the month following the penalty period, whichever
31 is later.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 3. Third noncompliance: temporary cash assistance and
2 food stamps shall be terminated for the family for 3 months or
3 until the individual who failed to comply does so, whichever
4 is later. The individual shall be required to comply with the
5 required demonstrate compliance in the work activity upon
6 completion of the 3-month penalty period, before reinstatement
7 of temporary cash assistance and food stamps. Upon meeting
8 this requirement, temporary cash assistance shall be
9 reinstated to the date of compliance or the first day of the
10 month following the penalty period, whichever is later.
11 (b) If a participant receiving temporary cash
12 assistance who is otherwise exempted from noncompliance
13 penalties fails to comply with the alternative requirement
14 plan required in accordance with this section, the penalties
15 provided in paragraph (a) shall apply.
16
17 If a participant fully complies with work activity
18 requirements for at least 6 months, the participant shall be
19 reinstated as being in full compliance with program
20 requirements for purpose of sanctions imposed under this
21 section.
22 (2)(5) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR
23 CHILDREN; PROTECTIVE PAYEES.--
24 (a) Upon the second or third occurrence of
25 noncompliance, temporary cash assistance and food stamps for
26 the child or children in a family who are under age 16 may be
27 continued. Any such payments must be made through a protective
28 payee or, in the case of food stamps, through an authorized
29 representative. Under no circumstances shall temporary cash
30 assistance or food stamps be paid to an individual who has
31 failed to comply with program requirements.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (b) Protective payees shall be designated by the
2 department and may include:
3 1. A relative or other individual who is interested in
4 or concerned with the welfare of the child or children and
5 agrees in writing to utilize the assistance in the best
6 interest of the child or children.
7 2. A member of the community affiliated with a
8 religious, community, neighborhood, or charitable organization
9 who agrees in writing to utilize the assistance in the best
10 interest of the child or children.
11 3. A volunteer or member of an organization who agrees
12 in writing to fulfill the role of protective payee and to
13 utilize the assistance in the best interest of the child or
14 children.
15 (c) The protective payee designated by the department
16 shall be the authorized representative for purposes of
17 receiving food stamps on behalf of a child or children under
18 age 16. The authorized representative must agree in writing to
19 use the food stamps in the best interest of the child or
20 children.
21 (d) If it is in the best interest of the child or
22 children, as determined by the department, for the staff
23 member of a private agency, a public agency, the department,
24 or any other appropriate organization to serve as a protective
25 payee or authorized representative, such designation may be
26 made, except that a protective payee or authorized
27 representative must not be any individual involved in
28 determining eligibility for temporary cash assistance or food
29 stamps for the family, staff handling any fiscal processes
30 related to issuance of temporary cash assistance or food
31 stamps, or landlords, grocers, or vendors of goods, services,
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 or items dealing directly with the participant.
2 (e) The department may pay incidental expenses or
3 travel expenses for costs directly related to performance of
4 the duties of a protective payee as necessary to implement the
5 provisions of this subsection.
6 (f) If the department is unable to designate a
7 qualified protective payee or authorized representative, a
8 referral shall be made under the provisions of chapter 39 for
9 protective intervention.
10 (3)(6) PROPORTIONAL REDUCTION OF TEMPORARY CASH
11 ASSISTANCE RELATED TO PAY AFTER PERFORMANCE.--Notwithstanding
12 the provisions of subsection (1) (4), if an individual is
13 receiving temporary cash assistance under a
14 pay-after-performance arrangement and the individual
15 participates, but fails to meet the full participation
16 requirement, then the temporary cash assistance received shall
17 be reduced and shall be proportional to the actual
18 participation. Food stamps may be included in a
19 pay-after-performance arrangement if permitted under federal
20 law.
21 (4)(7) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless
22 otherwise provided, the situations listed in this subsection
23 shall constitute exceptions to the penalties for noncompliance
24 with participation requirements, except that these situations
25 do not constitute exceptions to the applicable time limit for
26 receipt of temporary cash assistance:
27 (a) Noncompliance related to child care.--Temporary
28 cash assistance may not be terminated for refusal to
29 participate in work activities if the individual is a single
30 custodial parent caring for a child who has not attained 6
31 years of age, and the adult proves to the regional workforce
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 board department an inability to obtain needed child care for
2 one or more of the following reasons, as defined in the Child
3 Care and Development Fund State Plan required by part 98 of 45
4 C.F.R.:
5 1. Unavailability of appropriate child care within a
6 reasonable distance from the individual's home or worksite.
7 2. Unavailability or unsuitability of informal child
8 care by a relative or under other arrangements.
9 3. Unavailability of appropriate and affordable formal
10 child care arrangements.
11 (b) Noncompliance related to domestic violence.--An
12 individual who is determined to be unable to comply with the
13 work requirements because such compliance would make it
14 probable that the individual would be unable to escape
15 domestic violence shall be exempt from work requirements
16 pursuant to s. 414.028(4)(g). However, the individual shall
17 comply with a plan that specifies alternative requirements
18 that prepare the individual for self-sufficiency while
19 providing for the safety of the individual and the
20 individual's dependents. A participant who is determined to
21 be out of compliance with the alternative requirement plan
22 shall be subject to the penalties under subsection (1) (4).
23 An exception granted under this paragraph does not
24 automatically constitute an extension of exception to the time
25 limitations on benefits specified under s. 414.105.
26 (c) Noncompliance related to treatment or remediation
27 of past effects of domestic violence.--An individual who is
28 determined to be unable to comply with the work requirements
29 under this section due to mental or physical impairment
30 related to past incidents of domestic violence may be exempt
31 from work requirements for a specified period pursuant to s.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 414.028(4)(g), except that such individual shall comply with a
2 plan that specifies alternative requirements that prepare the
3 individual for self-sufficiency while providing for the safety
4 of the individual and the individual's dependents. A
5 participant who is determined to be out of compliance with the
6 alternative requirement plan shall be subject to the penalties
7 under subsection (1) (4). The plan must include counseling or
8 a course of treatment necessary for the individual to resume
9 participation. The need for treatment and the expected
10 duration of such treatment must be verified by a physician
11 licensed under chapter 458 or chapter 459; a psychologist
12 licensed under s. 490.005(1), s. 490.006, or the provision
13 identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of
14 Florida; a therapist as defined in s. 491.003(2) or (6); or a
15 treatment professional who is registered under s. 39.905(1)(g)
16 s. 415.605(1)(g), is authorized to maintain confidentiality
17 under s. 90.5036(1)(d), and has a minimum of 2 years
18 experience at a certified domestic violence center. An
19 exception granted under this paragraph does not automatically
20 constitute an extension of exception from the time limitations
21 on benefits specified under s. 414.105.
22 (d) Noncompliance related to medical incapacity.--If
23 an individual cannot participate in assigned work activities
24 due to a medical incapacity, the individual may be excepted
25 from the activity for a specific period, except that the
26 individual shall be required to comply with the course of
27 treatment necessary for the individual to resume
28 participation. A participant may not be excused from work
29 activity requirements unless the participant's medical
30 incapacity is verified by a physician licensed under chapter
31 458 or chapter 459, in accordance with procedures established
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 by rule of the department. An individual for whom there is
2 medical verification of limitation to participate in work
3 activities shall be assigned to work activities consistent
4 with such limitations. Evaluation of an individual's ability
5 to participate in work activities or development of a plan for
6 work activity assignment may include vocational assessment or
7 work evaluation. The department or a regional workforce board
8 local WAGES coalition may require an individual to cooperate
9 in medical or vocational assessment necessary to evaluate the
10 individual's ability to participate in a work activity.
11 (e) Noncompliance related to outpatient mental health
12 or substance abuse treatment.--If an individual cannot
13 participate in the required hours of work activity due to a
14 need to become or remain involved in outpatient mental health
15 or substance abuse counseling or treatment, the individual may
16 be exempted from the work activity for up to 5 hours per week,
17 not to exceed 100 hours per year. An individual may not be
18 excused from a work activity unless a mental health or
19 substance abuse professional recognized by the department or
20 regional workforce board certifies the treatment protocol and
21 provides verification of attendance at the counseling or
22 treatment sessions each week.
23 (f)(e) Noncompliance due to medical incapacity by
24 applicants for Supplemental Security Income (SSI) or Social
25 Security Disability Income (SSDI).--An individual subject to
26 work activity requirements may be exempted from those
27 requirements if the individual provides information verifying
28 that he or she has filed an application for SSI disability
29 benefits or SSDI disability benefits and the decision is
30 pending development and evaluation under social security
31 disability law, rules, and regulations at the initial
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 reconsideration, administrative law judge, or Social Security
2 Administration Appeals Council levels.
3 (g)(f) Other good cause exceptions for
4 noncompliance.--Individuals who are temporarily unable to
5 participate due to circumstances beyond their control may be
6 excepted from the noncompliance penalties. The department may
7 define by rule situations that would constitute good cause.
8 These situations must include caring for a disabled family
9 member when the need for the care has been verified and
10 alternate care is not available.
11 (5)(8) WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL
12 PARENTS.--
13 (a) The court may order a noncustodial parent who is
14 delinquent in child support payments to participate in work
15 activities under this chapter so that the parent may obtain
16 employment and fulfill the obligation to provide support
17 payments. A noncustodial parent who fails to satisfactorily
18 engage in court-ordered work activities may be held in
19 contempt.
20 (b) The court may order a noncustodial parent to
21 participate in work activities under this chapter if the child
22 of the noncustodial parent has been placed with a relative, in
23 an emergency shelter, in foster care, or in other substitute
24 care, and:
25 1. The case plan requires the noncustodial parent to
26 participate in work activities; or
27 2. The noncustodial parent would be eligible to
28 participate in work activities the WAGES Program and subject
29 to work activity requirements if the child were living with
30 the parent.
31
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 If a noncustodial parent fails to comply with the case plan,
2 the noncustodial parent may be removed from program
3 participation.
4 (9) PRIORITIZATION OF WORK REQUIREMENTS.--The
5 department and local WAGES coalitions shall require
6 participation in work activities to the maximum extent
7 possible, subject to federal and state funding. If funds are
8 projected to be insufficient to allow full-time work
9 activities by all program participants who are required to
10 participate in work activities, local WAGES coalitions shall
11 screen participants and assign priority based on the
12 following:
13 (a) In accordance with federal requirements, at least
14 one adult in each two-parent family shall be assigned priority
15 for full-time work activities.
16 (b) Among single-parent families, a family that has
17 older preschool children or school-age children shall be
18 assigned priority for work activities.
19 (c) A participant who has access to nonsubsidized
20 child care may be assigned priority for work activities.
21 (d) Priority may be assigned based on the amount of
22 time remaining until the participant reaches the applicable
23 time limit for program participation or may be based on
24 requirements of a case plan.
25
26 Local WAGES coalitions may limit a participant's weekly work
27 requirement to the minimum required to meet federal work
28 activity requirements in lieu of the level defined in
29 subsection (2). The department and local WAGES coalitions may
30 develop screening and prioritization procedures within service
31 districts or within counties based on the allocation of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 resources, the availability of community resources, or the
2 work activity needs of the service district.
3 (10) USE OF CONTRACTS.--The department and local WAGES
4 coalitions shall provide work activities, training, and other
5 services, as appropriate, through contracts. In contracting
6 for work activities, training, or services, the following
7 applies:
8 (a) All education and training provided under the
9 WAGES Program shall be provided through agreements with
10 regional workforce development boards.
11 (b) A contract must be performance-based. Wherever
12 possible, payment shall be tied to performance outcomes that
13 include factors such as, but not limited to, job entry, job
14 entry at a target wage, and job retention, rather than tied to
15 completion of training or education or any other phase of the
16 program participation process.
17 (c) A contract may include performance-based incentive
18 payments that may vary according to the extent to which the
19 participant is more difficult to place. Contract payments may
20 be weighted proportionally to reflect the extent to which the
21 participant has limitations associated with the long-term
22 receipt of welfare and difficulty in sustaining employment.
23 The factors may include the extent of prior receipt of
24 welfare, lack of employment experience, lack of education,
25 lack of job skills, and other factors determined appropriate
26 by the department.
27 (d) Notwithstanding the exemption from the competitive
28 sealed bid requirements provided in s. 287.057(3)(f) for
29 certain contractual services, each contract awarded under this
30 chapter must be awarded on the basis of a competitive sealed
31 bid, except for a contract with a governmental entity as
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 determined by the department.
2 (e) The department and the local WAGES coalitions may
3 contract with commercial, charitable, or religious
4 organizations. A contract must comply with federal
5 requirements with respect to nondiscrimination and other
6 requirements that safeguard the rights of participants.
7 Services may be provided under contract, certificate, voucher,
8 or other form of disbursement.
9 (f) 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 local WAGES coalition. A list of any
16 exceptions approved must be submitted to the WAGES Program
17 State Board of Directors for review, and the board may rescind
18 approval of the exception. The WAGES Program State Board of
19 Directors may also approve exceptions for any statewide
20 contract for services provided under this section.
21 (g) Local WAGES coalitions may enter into contracts to
22 provide short-term work experience for the chronically
23 unemployed as provided in this section.
24 (h) A tax-exempt organization under s. 501(c) of the
25 Internal Revenue Code of 1986 which receives funds under this
26 chapter must disclose receipt of federal funds on any
27 advertising, promotional, or other material in accordance with
28 federal requirements.
29 (11) PROTECTIONS FOR PARTICIPANTS.--Each participant
30 is subject to the same health, safety, and nondiscrimination
31 standards established under federal, state, or local laws that
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 otherwise apply to other individuals engaged in similar
2 activities who are not participants in the WAGES Program.
3 (12) PROTECTION FOR CURRENT EMPLOYEES.--In
4 establishing and contracting for work experience and community
5 service activities, other work experience activities,
6 on-the-job training, subsidized employment, and work
7 supplementation under the WAGES Program, an employed worker
8 may not be displaced, either completely or partially. A WAGES
9 participant may not be assigned to an activity or employed in
10 a position if the employer has created the vacancy or
11 terminated an existing employee without good cause in order to
12 fill that position with a WAGES Program participant.
13 (13) CONTRACTS FOR VOCATIONAL ASSESSMENTS AND WORK
14 EVALUATIONS.--Vocational assessments or work evaluations by
15 the Division of Vocational Rehabilitation pursuant to this
16 section shall be performed under contract with the local WAGES
17 coalitions.
18 Section 39. Section 414.085, Florida Statutes, is
19 amended to read:
20 414.085 Income eligibility standards.--For purposes of
21 program simplification and effective program management,
22 certain income definitions, as outlined in the food stamp
23 regulations at 7 C.F.R. s. 273.9, shall be applied to the
24 temporary cash assistance WAGES program as determined by the
25 department to be consistent with federal law regarding
26 temporary cash assistance and Medicaid for needy families,
27 except as to the following:
28 (1) Participation in the temporary cash assistance
29 WAGES program shall be limited to those families whose gross
30 family income is equal to or less than 185 130 percent of the
31 federal poverty level established in s. 673(2) of the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Community Services Block Grant Act, 42 U.S.C. s. 9901(2).
2 (2) Income security payments, including payments
3 funded under part B of Title IV of the Social Security Act, as
4 amended; supplemental security income under Title XVI of the
5 Social Security Act, as amended; or other income security
6 payments as defined by federal law shall be excluded as income
7 unless required to be included by federal law.
8 (3) The first $50 of child support paid to a custodial
9 parent receiving temporary cash assistance may not be
10 disregarded in calculating the amount of temporary cash
11 assistance for the family, unless such exclusion is required
12 by federal law.
13 (4) An incentive payment to a participant authorized
14 by a regional workforce board local WAGES coalition shall not
15 be considered income.
16 Section 40. Section 414.095, Florida Statutes, is
17 amended to read:
18 414.095 Determining eligibility for temporary cash
19 assistance the WAGES Program.--
20 (1) ELIGIBILITY.--An applicant must meet eligibility
21 requirements of this section before receiving services or
22 temporary cash assistance under this chapter, except that an
23 applicant shall be required to register for work and engage in
24 work activities in accordance with s. 445.024, as designated
25 by the regional workforce board, s. 414.065 and may receive
26 support services or child care assistance in conjunction with
27 such requirement. The department shall make a determination of
28 eligibility based on the criteria listed in this chapter. The
29 department shall monitor continued eligibility for temporary
30 cash assistance through periodic reviews consistent with the
31 food stamp eligibility process. Benefits shall not be denied
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 to an individual solely based on a felony drug conviction,
2 unless the conviction is for trafficking pursuant to s.
3 893.135. To be eligible under this section, an individual
4 convicted of a drug felony must be satisfactorily meeting the
5 requirements of the temporary cash assistance WAGES program,
6 including all substance abuse treatment requirements. Within
7 the limits specified in this chapter, the state opts out of
8 the provision of Pub. L. No. 104-193, s. 115, that eliminates
9 eligibility for temporary cash assistance and food stamps for
10 any individual convicted of a controlled substance felony.
11 (2) ADDITIONAL ELIGIBILITY REQUIREMENTS.--
12 (a) To be eligible for services or temporary cash
13 assistance and Medicaid under the WAGES Program:
14 1. An applicant must be a United States citizen, or a
15 qualified noncitizen, as defined in this section.
16 2. An applicant must be a legal resident of the state.
17 3. Each member of a family must provide to the
18 department the member's social security number or shall
19 provide proof of application for a social security number. An
20 individual who fails to provide to the department a social
21 security number, or proof of application for a social security
22 number, is not eligible to participate in the program.
23 4. A minor child must reside with a custodial parent
24 or parents or with a relative caretaker who is within the
25 specified degree of blood relationship as defined under this
26 chapter the WAGES Program, or in a setting approved by the
27 department.
28 5. Each family must have a minor child and meet the
29 income and resource requirements of the program. All minor
30 children who live in the family, as well as the parents of the
31 minor children, shall be included in the eligibility
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 determination unless specifically excluded.
2 (b) The following members of a family are eligible to
3 participate in the program if all eligibility requirements are
4 met:
5 1. A minor child who resides with a custodial parent
6 or other adult caretaker relative.
7 2. The parent of a minor child with whom the child
8 resides.
9 3. The caretaker relative with whom the minor child
10 resides who chooses to have her or his needs and income
11 included in the family.
12 4. Unwed minor children and their children if the
13 unwed minor child lives at home or in an adult-supervised
14 setting and if temporary cash assistance is paid to an
15 alternative payee.
16 5. A pregnant woman.
17 (3) ELIGIBILITY FOR NONCITIZENS.--A "qualified
18 noncitizen" is an individual who is admitted to lawfully
19 present in the United States as a refugee under s. 207 of the
20 Immigration and Nationality Act or who is granted asylum under
21 s. ss. 207 and 208 of the Immigration and Nationality Act; a
22 noncitizen, an alien whose deportation is withheld under s.
23 243(h) or s. 241(b)(3) of the Immigration and Nationality Act;
24 a noncitizen, or an alien who is paroled into the United
25 States under s. 212(d)(5) of the Immigration and Nationality
26 Act, for at least 1 year, a noncitizen who is granted
27 conditional entry pursuant to s. 203(a)(7) of the Immigration
28 and Nationality Act as in effect prior to April 1, 1980; a
29 Cuban or Haitian entrant; or a noncitizen who has been
30 admitted as a permanent resident and meets specific criteria
31 under federal law. In addition, a "qualified noncitizen"
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 includes an individual who, or an individual whose child or
2 parent, has been battered or subject to extreme cruelty in the
3 United States by a spouse, or a parent, or other household
4 member under certain circumstances, and has applied for or
5 received protection under the federal Violence Against Women
6 Act of 1994, Pub. L. No. 103-322, if the need for benefits is
7 related to the abuse and the batterer no longer lives in the
8 household. A "nonqualified noncitizen" is a nonimmigrant
9 noncitizen alien, including a tourist, business visitor,
10 foreign student, exchange visitor, temporary worker, or
11 diplomat. In addition, a "nonqualified noncitizen" includes an
12 individual paroled into the United States for less than 1
13 year. A qualified noncitizen who is otherwise eligible may
14 receive temporary cash assistance to the extent permitted by
15 federal law. The income or resources of a sponsor and the
16 sponsor's spouse shall be included in determining eligibility
17 to the maximum extent permitted by federal law.
18 (a) A child who is a qualified noncitizen or who was
19 born in the United States to an illegal or ineligible
20 noncitizen alien is eligible for temporary cash assistance
21 under this chapter if the family meets all eligibility
22 requirements.
23 (b) If the parent may legally work in this country,
24 the parent must participate in the work activity requirements
25 provided in s. 445.024 s. 414.065, to the extent permitted
26 under federal law.
27 (c) The department shall participate in the Systematic
28 Alien Verification for Entitlements Program (SAVE) established
29 by the United States Immigration and Naturalization Service in
30 order to verify the validity of documents provided by
31 noncitizens aliens and to verify a noncitizen's an alien's
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 eligibility.
2 (d) The income of an illegal noncitizen alien or
3 ineligible noncitizen who is a mandatory member of a family
4 alien, less a pro rata share for the illegal noncitizen alien
5 or ineligible noncitizen alien, counts in determining a
6 family's eligibility to participate in the program.
7 (e) The entire assets of an ineligible noncitizen
8 alien or a disqualified individual who is a mandatory member
9 of a family shall be included in determining the family's
10 eligibility.
11 (4) STEPPARENTS.--A family that contains a stepparent
12 has the following special eligibility options if the family
13 meets all other eligibility requirements:
14 (a) A family that does not contain a mutual minor
15 child has the option to include or exclude a stepparent in
16 determining eligibility if the stepparent's monthly gross
17 income is less than 185 percent of the federal poverty level
18 for a two-person family.
19 1. If the stepparent chooses to be excluded from the
20 family, temporary cash assistance, without shelter expense,
21 shall be provided for the child. The parent of the child must
22 comply with work activity requirements as provided in s.
23 445.024 s. 414.065. Income and resources from the stepparent
24 may not be included in determining eligibility; however, any
25 income and resources from the parent of the child shall be
26 included in determining eligibility.
27 2. If a stepparent chooses to be included in the
28 family, the department shall determine eligibility using the
29 requirements for a nonstepparent family. A stepparent whose
30 income is equal to or greater than 185 percent of the federal
31 poverty level for a two-person family does not have the option
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 to be excluded from the family, and all income and resources
2 of the stepparent shall be included in determining the
3 family's eligibility.
4 (b) A family that contains a mutual minor child does
5 not have the option to exclude a stepparent from the family,
6 and the income and resources from the stepparent shall be
7 included in determining eligibility.
8 (c) A family that contains two stepparents, with or
9 without a mutual minor child, does not have the option to
10 exclude a stepparent from the family, and the income and
11 resources from each stepparent must be included in determining
12 eligibility.
13 (5) CARETAKER RELATIVES.--A family that contains a
14 caretaker relative of a minor child has the option to include
15 or exclude the caretaker relative in determining eligibility.
16 If the caretaker relative chooses to be included in the
17 family, the caretaker relative must meet all eligibility
18 requirements, including resource and income requirements, and
19 must comply with work activity requirements as provided in s.
20 445.024 s. 414.065. If the caretaker relative chooses to be
21 excluded from the family, eligibility shall be determined for
22 the minor child based on the child's income and resources. The
23 level of temporary cash assistance for the minor child shall
24 be based on the shelter obligation paid to the caretaker
25 relative.
26 (6) PREGNANT WOMAN WITH NO OTHER CHILD.--Temporary
27 cash assistance for a pregnant woman is not available until
28 the last month of pregnancy. However, if the department
29 determines that a woman is restricted from work activities by
30 orders of a physician, temporary cash assistance shall be
31 available during the last trimester of pregnancy and the woman
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 may be required to attend parenting classes or other
2 activities to better prepare for the responsibilities of
3 raising a child.
4 (7) CHILD SUPPORT ENFORCEMENT.--As a condition of
5 eligibility for public assistance, the family must cooperate
6 with the state agency responsible for administering the child
7 support enforcement program in establishing the paternity of
8 the child, if the child is born out of wedlock, and in
9 obtaining support for the child or for the parent or caretaker
10 relative and the child. Cooperation is defined as:
11 (a) Assisting in identifying and locating a
12 noncustodial parent and providing complete and accurate
13 information on that parent;
14 (b) Assisting in establishing paternity; and
15 (c) Assisting in establishing, modifying, or enforcing
16 a support order with respect to a child of a family member.
17
18 This subsection does not apply if the state agency that
19 administers the child support enforcement program determines
20 that the parent or caretaker relative has good cause for
21 failing to cooperate.
22 (8) ASSIGNMENT OF RIGHTS TO SUPPORT.--As a condition
23 of receiving temporary cash assistance, the family must assign
24 to the department any rights a member of a family may have to
25 support from any other person. This applies to any family
26 member; however, the assigned amounts must not exceed the
27 total amount of temporary cash assistance provided to the
28 family. The assignment of child support does not apply if the
29 family leaves the program.
30 (9) APPLICATIONS.--The date of application is the date
31 the department or authorized entity receives a signed and
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 dated request to participate in the temporary cash assistance
2 WAGES program. The request shall be denied 30 days after the
3 initial application if the applicant fails to respond to
4 scheduled appointments, including appointments with the state
5 agency responsible for administering the child support
6 enforcement program, and does not contact the department or
7 authorized entity regarding the application.
8 (a) The beginning date of eligibility for temporary
9 cash assistance is the date on which the application is
10 approved or 30 days after the date of application, whichever
11 is earlier.
12 (b) The add date for a newborn child is the date of
13 the child's birth.
14 (c) The add date for all other individuals is the date
15 on which the client files a signed and dated request with
16 contacts the department to add request that the individual to
17 be included in the grant for temporary cash assistance.
18 (d) Medicaid coverage for a recipient of temporary
19 cash assistance begins on the first day of the first month of
20 eligibility for temporary cash assistance, and such coverage
21 shall include any eligibility required by federal law which is
22 prior to the month of application.
23 (10) PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An
24 applicant for temporary cash assistance or participant in the
25 WAGES Program has the following opportunities and obligations:
26 (a) To participate in establishing eligibility by
27 providing facts with respect to circumstances that affect
28 eligibility and by obtaining, or authorizing the department
29 and the Department of Labor and Employment Security to obtain,
30 documents or information from others in order to establish
31 eligibility.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (b) To have eligibility determined without
2 discrimination based on race, color, sex, age, marital status,
3 handicap, religion, national origin, or political beliefs.
4 (c) To be advised of any reduction or termination of
5 temporary cash assistance or food stamps.
6 (d) To provide correct and complete information about
7 the family's circumstances that relate to eligibility, at the
8 time of application and at subsequent intervals.
9 (e) To keep the department and the Department of Labor
10 and Employment Security informed of any changes that could
11 affect eligibility.
12 (f) To use temporary cash assistance and food stamps
13 for the purpose for which the assistance is intended.
14 (g) To receive information regarding services
15 available from certified domestic violence centers or
16 organizations that provide counseling and supportive services
17 to individuals who are past or present victims of domestic
18 violence or who are at risk of domestic violence and, upon
19 request, to be referred to such organizations in a manner
20 which protects the individual's confidentiality.
21 (11) DETERMINATION OF LEVEL OF TEMPORARY CASH
22 ASSISTANCE.--Temporary cash assistance shall be based on a
23 standard determined by the Legislature, subject to
24 availability of funds. There shall be three assistance levels
25 for a family that contains a specified number of eligible
26 members, based on the following criteria:
27 (a) A family that does not have a shelter obligation.
28 (b) A family that has a shelter obligation greater
29 than zero but less than or equal to $50.
30 (c) A family that has a shelter obligation greater
31 than $50 or that is homeless.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1
2 The following chart depicts the levels of temporary cash
3 assistance for implementation purposes:
4
5 THREE-TIER SHELTER PAYMENT STANDARD
6
7 Family Zero Shelter Greater than Zero Greater than $50
8 Size Obligation Less than or Shelter
9 Equal to $50 Obligation
10
11 1 $95 $153 $180
12 2 $158 $205 $241
13 3 $198 $258 $303
14 4 $254 $309 $364
15 5 $289 $362 $426
16 6 $346 $414 $487
17 7 $392 $467 $549
18 8 $438 $519 $610
19 9 $485 $570 $671
20 10 $534 $623 $733
21 11 $582 $676 $795
22 12 $630 $728 $857
23 13 $678 $781 $919
24
25 (12) DISREGARDS.--
26 (a) As an incentive to employment, the first $200 plus
27 one-half of the remainder of earned income shall be
28 disregarded. In order to be eligible for earned income to be
29 disregarded, the individual must be:
30 1. A current participant in the program; or
31 2. Eligible for participation in the program without
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the earnings disregard.
2 (b) A child's earned income shall be disregarded if
3 the child is a family member, attends high school or the
4 equivalent, and is 19 years of age or younger.
5 (13) CALCULATION OF LEVELS OF TEMPORARY CASH
6 ASSISTANCE.--
7 (a) Temporary cash assistance shall be calculated
8 based on average monthly gross family income, earned and
9 unearned, less any applicable disregards. The resulting
10 monthly net income amount shall be subtracted from the
11 applicable payment standard to determine the monthly amount of
12 temporary cash assistance.
13 (b) A deduction may not be allowed for child care
14 payments.
15 (14) METHODS OF PAYMENT OF TEMPORARY CASH
16 ASSISTANCE.--Temporary cash assistance may be paid as follows:
17 (a) Direct payment through state warrant, electronic
18 transfer of temporary cash assistance, or voucher.
19 (b) Payment to an alternative payee.
20 (c) Payment for subsidized employment.
21 (d) Pay-after-performance arrangements with public or
22 private not-for-profit agencies.
23 (15) PROHIBITIONS AND RESTRICTIONS.--
24 (a) A family without a minor child living in the home
25 is not eligible to receive temporary cash assistance or
26 services under this chapter. However, a pregnant woman is
27 eligible for temporary cash assistance in the ninth month of
28 pregnancy if all eligibility requirements are otherwise
29 satisfied.
30 (b) Temporary cash assistance, without shelter
31 expense, may be available for a teen parent who is a minor
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 child and for the child. Temporary cash assistance may not be
2 paid directly to the teen parent but must be paid, on behalf
3 of the teen parent and child, to an alternative payee who is
4 designated by the department. The alternative payee may not
5 use the temporary cash assistance for any purpose other than
6 paying for food, clothing, shelter, and medical care for the
7 teen parent and child and for other necessities required to
8 enable the teen parent to attend school or a training program.
9 In order for the child of the teen parent and the teen parent
10 to be eligible for temporary cash assistance, the teen parent
11 must:
12 1. Attend school or an approved alternative training
13 program, unless the child is less than 12 weeks of age or the
14 teen parent has completed high school; and
15 2. Reside with a parent, legal guardian, or other
16 adult caretaker relative. The income and resources of the
17 parent shall be included in calculating the temporary cash
18 assistance available to the teen parent since the parent is
19 responsible for providing support and care for the child
20 living in the home.
21 3. Attend parenting and family classes that provide a
22 curriculum specified by the department or the Department of
23 Health, as available.
24 (c) The teen parent is not required to live with a
25 parent, legal guardian, or other adult caretaker relative if
26 the department determines that:
27 1. The teen parent has suffered or might suffer harm
28 in the home of the parent, legal guardian, or adult caretaker
29 relative.
30 2. The requirement is not in the best interest of the
31 teen parent or the child. If the department determines that it
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 is not in the best interest of the teen parent or child to
2 reside with a parent, legal guardian, or other adult caretaker
3 relative, the department shall provide or assist the teen
4 parent in finding a suitable home, a second-chance home, a
5 maternity home, or other appropriate adult-supervised
6 supportive living arrangement. Such living arrangement may
7 include a shelter obligation in accordance with subsection
8 (11).
9
10 The department may not delay providing temporary cash
11 assistance to the teen parent through the alternative payee
12 designated by the department pending a determination as to
13 where the teen parent should live and sufficient time for the
14 move itself. A teen parent determined to need placement that
15 is unavailable shall continue to be eligible for temporary
16 cash assistance so long as the teen parent cooperates with the
17 department, the local WAGES coalition, and the Department of
18 Health. The teen parent shall be provided with counseling to
19 make the transition from independence to supervised living and
20 with a choice of living arrangements.
21 (d) Notwithstanding any law to the contrary, if a
22 parent or caretaker relative without good cause does not
23 cooperate with the state agency responsible for administering
24 the child support enforcement program in establishing,
25 modifying, or enforcing a support order with respect to a
26 child of a teen parent or other family member, or a child of a
27 family member who is in the care of an adult relative,
28 temporary cash assistance to the entire family shall be denied
29 until the state agency indicates that cooperation by the
30 parent or caretaker relative has been satisfactory. To the
31 extent permissible under federal law, a parent or caretaker
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 relative shall not be penalized for failure to cooperate with
2 paternity establishment or with the establishment,
3 modification, or enforcement of a support order when such
4 cooperation could subject an individual to a risk of domestic
5 violence. Such risk shall constitute good cause to the extent
6 permitted by Title IV-D of the Social Security Act, as
7 amended, or other federal law.
8 (e) If a parent or caretaker relative does not assign
9 any rights a family member may have to support from any other
10 person as required by subsection (8), temporary cash
11 assistance to the entire family shall be denied until the
12 parent or caretaker relative assigns the rights to the
13 department.
14 (f) An individual who is convicted in federal or state
15 court of receiving benefits under this chapter, Title XIX, the
16 Food Stamp Act of 1977, or Title XVI (Supplemental Security
17 Income), in two or more states simultaneously may not receive
18 temporary cash assistance or services under this chapter for
19 10 years following the date of conviction.
20 (g) An individual is ineligible to receive temporary
21 cash assistance or services under this chapter during any
22 period when the individual is fleeing to avoid prosecution,
23 custody, or confinement after committing a crime, attempting
24 to commit a crime that is a felony under the laws of the place
25 from which the individual flees or a high misdemeanor in the
26 State of New Jersey, or violating a condition of probation or
27 parole imposed under federal or state law.
28 (h) The parent or other caretaker relative must report
29 to the department by the end of the 5-day period that begins
30 on the date it becomes clear to the parent or caretaker
31 relative that a minor child will be absent from the home for
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 30 or more consecutive days. A parent or caretaker relative
2 who fails to report this information to the department shall
3 be disqualified from receiving temporary cash assistance for
4 30 days for the first occurrence, 60 days for the second
5 occurrence, and 90 days for the third or subsequent
6 occurrence.
7 (i) If the parents of a minor child live apart and
8 equally share custody and control of the child, a parent is
9 ineligible for temporary cash assistance unless the parent
10 clearly demonstrates to the department that the parent
11 provides primary day-to-day custody.
12 (j) The payee of the temporary cash assistance payment
13 is the caretaker relative with whom a minor child resides and
14 who assumes primary responsibility for the child's daily
15 supervision, care, and control, except in cases where a
16 protective payee is established.
17 (16) TRANSITIONAL BENEFITS AND SERVICES.--The
18 department shall develop procedures to ensure that families
19 leaving the temporary cash assistance program receive
20 transitional benefits and services that will assist the family
21 in moving toward self-sufficiency. At a minimum, such
22 procedures must include, but are not limited to, the
23 following:
24 (a) Each WAGES participant who is determined
25 ineligible for cash assistance for a reason other than a work
26 activity sanction shall be contacted by the case manager and
27 provided information about the availability of transitional
28 benefits and services. Such contact shall be attempted prior
29 to closure of the case management file.
30 (b) Each WAGES participant who is determined
31 ineligible for cash assistance due to noncompliance 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 activity requirements shall be contacted and provided
2 information in accordance with s. 414.065(4).
3 (c) The department, in consultation with the WAGES
4 Program State Board of Directors, shall develop informational
5 material, including posters and brochures, to better inform
6 families about the availability of transitional benefits and
7 services.
8 (d) The department shall review federal requirements
9 related to transitional Medicaid and shall, to the extent
10 permitted by federal law, develop procedures to maximize the
11 utilization of transitional Medicaid by families who leave the
12 temporary cash assistance program.
13 (16)(17) PREELIGIBILITY FRAUD SCREENING.--An applicant
14 who meets an error-prone profile, as determined by the
15 department, is subject to preeligibility fraud screening as a
16 means of reducing misspent funds and preventing fraud. The
17 department shall create an error-prone or fraud-prone case
18 profile within its public assistance information system and
19 shall screen each application for temporary cash assistance
20 the WAGES Program against the profile to identify cases that
21 have a potential for error or fraud. Each case so identified
22 shall be subjected to preeligibility fraud screening.
23 (17)(18) PROPORTIONAL REDUCTION.--If the Social
24 Services Estimating Conference forecasts an increase in the
25 temporary cash assistance caseload and there is insufficient
26 funding, a proportional reduction as determined by the
27 department shall be applied to the levels of temporary cash
28 assistance in subsection (11).
29 (18)(19) ADDITIONAL FUNDING.--When warranted by
30 economic circumstances, the department, in consultation with
31 the Social Services Estimating Conference, shall apply for
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 additional federal funding available from the Contingency Fund
2 for State Welfare Programs.
3 Section 41. Section 414.105, Florida Statutes, is
4 amended to read:
5 414.105 Time limitations of temporary cash
6 assistance.--Unless otherwise expressly provided in this
7 chapter, an applicant or current participant shall receive
8 temporary cash assistance for episodes of not more than 24
9 cumulative months in any consecutive 60-month period that
10 begins with the first month of participation and for not more
11 than a lifetime cumulative total of 48 months as an adult,
12 unless otherwise provided by law.
13 (1) The time limitation for episodes of temporary cash
14 assistance may not exceed 36 cumulative months in any
15 consecutive 72-month period that begins with the first month
16 of participation and may not exceed a lifetime cumulative
17 total of 48 months of temporary cash assistance as an adult,
18 for cases in which the participant:
19 (a) Has received aid to families with dependent
20 children or temporary cash assistance for any 36 months of the
21 preceding 60 months; or
22 (b) Is a custodial parent under the age of 24 who:
23 1. Has not completed a high school education or its
24 equivalent; or
25 2. Had little or no work experience in the preceding
26 year.
27 (2) A participant who is not exempt from work activity
28 requirements may earn 1 month of eligibility for extended
29 temporary cash assistance, up to maximum of 12 additional
30 months, for each month in which the participant is fully
31 complying with the work activities of the WAGES Program
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 through subsidized or unsubsidized public or private sector
2 employment. The period for which extended temporary cash
3 assistance is granted shall be based upon compliance with
4 WAGES Program requirements beginning October 1, 1996.
5 (3) A WAGES participant who is not exempt from work
6 activity requirements and who participates in a recommended
7 mental health or substance abuse treatment program may earn 1
8 month of eligibility for extended temporary cash assistance,
9 up to a maximum of 12 additional months, for each month in
10 which the individual fully complies with the requirements of
11 the treatment program. This treatment credit may be awarded
12 only upon the successful completion of the treatment program
13 and only once during the 48-month time limit.
14 (4) Notwithstanding the time limits previously
15 referenced in this section, a participant may be eligible for
16 a hardship extension. A participant may not receive temporary
17 cash assistance under this subsection, in combination with
18 other periods of temporary cash assistance for longer than a
19 lifetime limit of 48 months. Hardship extensions exemptions to
20 the time limitations of this chapter shall be limited to 20
21 percent of participants in all subsequent years, as determined
22 by the department and approved by the WAGES Program State
23 Board of Directors.
24 (a) For participants who have received 24 cumulative
25 months or 36 cumulative months of temporary cash assistance,
26 criteria for hardship extensions exemptions include:
27 1.(a) Diligent participation in activities, combined
28 with inability to obtain employment.
29 2.(b) Diligent participation in activities, combined
30 with extraordinary barriers to employment, including the
31 conditions which may result in an exemption to work
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 requirements.
2 3.(c) Significant barriers to employment, combined
3 with a need for additional time.
4 4. Delay or interruption in an individual's
5 participation in the program as a result of the effects of
6 domestic violence. Hardship extensions granted under this
7 subsection shall not be subject to the percentage limitation
8 in this subsection.
9 5.(d) Diligent participation in activities and a need
10 by teen parents for an extension exemption in order to have 24
11 months of eligibility beyond receipt of the high school
12 diploma or equivalent.
13 (e) A recommendation of extension for a minor child of
14 a participating family that has reached the end of the
15 eligibility period for temporary cash assistance. The
16 recommendation must be the result of a review which determines
17 that the termination of the child's temporary cash assistance
18 would be likely to result in the child being placed into
19 emergency shelter or foster care. Temporary cash assistance
20 shall be provided through a protective payee. Staff of the
21 Children and Families Program Office of the department shall
22 conduct all assessments in each case in which it appears a
23 child may require continuation of temporary cash assistance
24 through a protective payee.
25
26 At the recommendation of the regional workforce board local
27 WAGES coalition, temporary cash assistance under a hardship
28 extension exemption for a participant who is eligible for work
29 activities and who is not working shall be reduced by 10
30 percent. Upon the employment of the participant, full benefits
31 shall be restored.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (b) The cumulative total of all hardship extensions
2 may not exceed 12 months, may include reduced benefits at the
3 option of the review panel, and shall, in combination with
4 other periods of temporary cash assistance as an adult, total
5 no more than 48 months of temporary cash assistance, unless
6 otherwise provided by law. If an individual fails to comply
7 with program requirements during a hardship extension period,
8 the hardship extension shall be removed upon the participant
9 being given 10 days' notice to show good cause for failure to
10 comply.
11 (c) For participants who have received 48 cumulative
12 months of cash assistance, criteria for hardship extensions
13 include:
14 1. Supplemental Security Income or Social Security
15 Disability Insurance applicants who have pending claims at the
16 end of the 48-month period whose claims have been verified by
17 a physician licensed under chapter 458 or chapter 459. An
18 independent medical examination may be requested by the
19 regional workforce board to establish that the applicant is
20 unable to gain employment.
21 2. Victims of domestic violence who have been engaged
22 in an alternate work plan and despite best efforts are still
23 not work ready.
24 3. Those individuals who have pervasive and persistent
25 barriers to employment due to extensive educational and skills
26 training deficits which require remediation and educational
27 goals that require additional time for habilitation at the
28 time the individual reached the 48-month time limit.
29 Verification that the educational and skills training will
30 likely lead to self-sufficient employment must be provided by
31 a licensed occupational therapist or vocational rehabilitation
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 specialist.
2 4. The regional workforce board must review and
3 evaluate each hardship extension no later than 12 months after
4 the extension has been granted to determine whether an
5 additional extension should be given. If an individual fails
6 to comply with program requirements during a hardship
7 extension, the hardship extension shall be removed upon the
8 participant being given 10 days' notice to show good cause for
9 failure to comply.
10 (3) In addition to the exemptions listed in subsection
11 (2), a victim of domestic violence may be granted a hardship
12 exemption if the effects of such domestic violence delay or
13 otherwise interrupt or adversely affect the individual's
14 participation in the program. Hardship exemptions granted
15 under this subsection shall not be subject to the percentage
16 limitations in subsection (2).
17 (5)(4) The department, in cooperation with Workforce
18 Florida, Inc., shall establish a procedure for reviewing and
19 approving hardship extensions exemptions, and the regional
20 workforce board local WAGES coalitions may assist in making
21 these determinations. The composition of any review panel must
22 generally reflect the racial, gender, and ethnic diversity of
23 the community as a whole. Members of a review panel shall
24 serve without compensation but are entitled to receive
25 reimbursement for per diem and travel expenses as provided in
26 s. 112.016.
27 (6) A minor child of a participating family that has
28 reached the end of the eligibility period for temporary cash
29 assistance may receive an extension if the department
30 determines that the termination of the child's temporary cash
31 assistance would be likely to result in the child being placed
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 into emergency shelter or foster care. Temporary cash
2 assistance shall be provided through a protective payee. Staff
3 of the Children and Families Program Office of the department
4 shall conduct all assessments in each case in which it appears
5 a child may require continuation of temporary cash assistance
6 through a protective payee.
7 (5) The cumulative total of all hardship exemptions
8 may not exceed 12 months, may include reduced benefits at the
9 option of the community review panel, and shall, in
10 combination with other periods of temporary cash assistance as
11 an adult, total no more than 48 months of temporary cash
12 assistance. If an individual fails to comply with program
13 requirements during a hardship exemption period, the hardship
14 exemption shall be removed.
15 (7)(6) For individuals who have moved from another
16 state, and have legally resided in this state for less than 12
17 months, the time limitation for temporary cash assistance
18 shall be the shorter of the respective time limitations used
19 in the two states, and months in which temporary cash
20 assistance was received under a block grant program that
21 provided temporary assistance for needy families in any state
22 shall count towards the cumulative 48-month benefit limit for
23 temporary cash assistance.
24 (8)(7) For individuals subject to a time limitation
25 under the Family Transition Act of 1993, that time limitation
26 shall continue to apply. Months in which temporary cash
27 assistance was received through the family transition program
28 shall count towards the time limitations under this chapter.
29 (9)(8) Except when temporary cash assistance was
30 received through the family transition program, the
31 calculation of the time limitation for 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 shall begin with the first month of receipt of
2 temporary cash assistance after the effective date of this
3 act.
4 (10)(9) Child-only cases are not subject to time
5 limitations, and temporary cash assistance received while an
6 individual is a minor child shall not count towards time
7 limitations.
8 (11)(10) An individual who receives benefits under the
9 Supplemental Security Income program or the Social Security
10 Disability Insurance program is not subject to time
11 limitations. An individual with an assigned 24-month or
12 36-month time limit who has applied for supplemental security
13 income (SSI) for disability, but has not yet received a
14 determination must be granted an extension of time limits
15 until the individual receives a final determination on the SSI
16 application. However, such individual shall continue to meet
17 all program requirements assigned to the participant based on
18 medical ability to comply. Such extension shall be within the
19 48-month lifetime limit unless otherwise provided by law.
20 Determination shall be considered final once all appeals have
21 been exhausted, benefits have been received, or denial has
22 been accepted without any appeal. Such individual must
23 continue to meet all program requirements assigned to the
24 participant based on medical ability to comply. Extensions of
25 48-month time limits shall be in accordance with paragraph
26 (4)(c) within the recipient's 48-month lifetime limit.
27 Hardship exemptions granted under this subsection shall not be
28 subject to the percentage limitations in subsection (2).
29 (12)(11) A person who is totally responsible for the
30 personal care of a disabled family member is not subject to
31 time limitations if the need for the care is verified and
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 alternative care is not available for the family member. The
2 department shall annually evaluate an individual's
3 qualifications for this exemption.
4 (13)(12) A member of the WAGES Program staff of the
5 regional workforce board shall interview and assess the
6 employment prospects and barriers of each participant who is
7 within 6 months of reaching the 24-month time limit. The
8 staff member shall assist the participant in identifying
9 actions necessary to become employed prior to reaching the
10 benefit time limit for temporary cash assistance and, if
11 appropriate, shall refer the participant for services that
12 could facilitate employment.
13 Section 42. Section 414.157, Florida Statutes, is
14 amended to read:
15 414.157 Diversion program for victims of domestic
16 violence.--
17 (1) The diversion program for victims of domestic
18 violence is intended to provide services and one-time payments
19 to assist victims of domestic violence and their children in
20 making the transition to independence.
21 (2) Before finding an applicant family eligible for
22 the diversion program created under this section, a
23 determination must be made that:
24 (a) The applicant family includes a pregnant woman or
25 a parent with one or more minor children or a caretaker
26 relative with one or more minor children.
27 (b) The services or one-time payment provided are not
28 considered assistance under federal law or guidelines.
29 (3) Notwithstanding any provision to the contrary in
30 ss. 414.075, 414.085, and 414.095, a family meeting the
31 criteria of subsection (2) who is determined by the domestic
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 violence program to be in need of services or one-time payment
2 due to domestic violence shall be considered a needy family
3 and is shall be deemed eligible under this section for
4 services through a certified domestic violence shelter.
5 (4) One-time payments provided under this section
6 shall not exceed $1,000 an amount recommended by the WAGES
7 Program State Board of Directors and adopted by the department
8 in rule.
9 (5) Receipt of services or a one-time payment under
10 this section does shall not preclude eligibility for, or
11 receipt of, other assistance or services under this chapter.
12 Section 43. Section 414.158, Florida Statutes, is
13 amended to read:
14 414.158 Diversion program to prevent or reduce child
15 abuse and neglect strengthen Florida's families.--
16 (1) The diversion program to prevent or reduce child
17 abuse and neglect strengthen Florida's families is intended to
18 provide services and one-time payments to assist families in
19 avoiding welfare dependency and to strengthen families so that
20 children can be cared for in their own homes or in the homes
21 of relatives and so that families can be self-sufficient.
22 (2) Before finding a family eligible for the diversion
23 program created under this section, a determination must be
24 made that:
25 (a) The family includes a pregnant woman or a parent
26 with one or more minor children or a caretaker relative with
27 one or more minor children.
28 (b) The family meets the criteria of a voluntary
29 assessment performed by Healthy Families Florida; the family
30 meets the criteria established by the department for
31 determining that one or more children in the family are at
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 risk of abuse, neglect, or threatened harm; or the family is
2 homeless or living in a facility that provides shelter to
3 homeless families.
4 (c) The services or one-time payment provided are not
5 considered assistance under federal law or guidelines.
6 (3) Notwithstanding any provision to the contrary in
7 s. 414.075, s. 414.085, or s. 414.095, a family meeting the
8 requirements of subsection (2) shall be considered a needy
9 family and shall be deemed eligible under this section.
10 (4) The department, in consultation with Healthy
11 Families Florida, may establish additional requirements
12 related to services or one-time payments, and the department
13 is authorized to adopt rules relating to maximum amounts of
14 such one-time payments.
15 (5) Receipt of services or a one-time payment under
16 this section shall not preclude eligibility for, or receipt
17 of, other assistance or services under this chapter.
18 Section 44. Subsection (1) of section 414.35, Florida
19 Statutes, is amended to read:
20 414.35 Emergency relief.--
21 (1) The department shall, by October 1, 1978, adopt
22 rules for the administration of emergency assistance programs
23 delegated to the department either by executive order in
24 accordance with the Disaster Relief Act of 1974 or pursuant to
25 the Food Stamp Act of 1977.
26 Section 45. Subsection (1) of section 414.36, Florida
27 Statutes, is amended to read:
28 414.36 Public assistance overpayment recovery program;
29 contracts.--
30 (1) The department shall develop and implement a plan
31 for the statewide privatization of activities relating to the
150
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 recovery of public assistance overpayment claims. These
2 activities shall include, at a minimum, voluntary cash
3 collections functions for recovery of fraudulent and
4 nonfraudulent benefits paid to recipients of temporary cash
5 assistance under the WAGES Program, food stamps, and aid to
6 families with dependent children.
7 Section 46. Subsection (10) of section 414.39, Florida
8 Statutes, is amended to read:
9 414.39 Fraud.--
10 (10) The department shall create an error-prone or
11 fraud-prone case profile within its public assistance
12 information system and shall screen each application for
13 public assistance, including food stamps, Medicaid, and
14 temporary cash assistance under the WAGES Program, against the
15 profile to identify cases that have a potential for error or
16 fraud. Each case so identified shall be subjected to
17 preeligibility fraud screening.
18 Section 47. Subsection (3) of section 414.41, Florida
19 Statutes, is amended to read:
20 414.41 Recovery of payments made due to mistake or
21 fraud.--
22 (3) The department, or its designee, shall enforce an
23 order of income deduction by the court against the liable
24 adult recipient or participant, including the head of a
25 family, for overpayment received as an adult under the
26 temporary cash assistance WAGES program, the AFDC program, the
27 food stamp program, or the Medicaid program.
28 Section 48. Section 414.55, Florida Statutes, is
29 amended to read:
30 414.55 Implementation of ss.
31 414.015-414.55.--Following the effective date of ss.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 414.015-414.55:
2 (1)(a) The Governor may delay implementation of ss.
3 414.015-414.55 in order to provide the department, the
4 Department of Labor and Employment Security, the Department of
5 Revenue, and the Department of Health with the time necessary
6 to prepare to implement new programs.
7 (b) The Governor may also delay implementation of
8 portions of ss. 414.015-414.55 in order to allow savings
9 resulting from the enactment of ss. 414.015-414.55 to pay for
10 provisions implemented later. If the Governor determines that
11 portions of ss. 414.015-414.55 should be delayed, the priority
12 in implementing ss. 414.015-414.55 shall be, in order of
13 priority:
14 1. Provisions that provide savings in the first year
15 of implementation.
16 2. Provisions necessary to the implementation of work
17 activity requirements, time limits, and sanctions.
18 3. Provisions related to removing marriage penalties
19 and expanding temporary cash assistance to stepparent and
20 two-parent families.
21 4. Provisions related to the reduction of teen
22 pregnancy and out-of-wedlock births.
23 5. Other provisions.
24 (2) The programs affected by ss. 414.015-414.55 shall
25 continue to operate under the provisions of law that would be
26 in effect in the absence of ss. 414.015-414.55, until such
27 time as the Governor informs the Speaker of the House of
28 Representatives and the President of the Senate of his or her
29 intention to implement provisions of ss. 414.015-414.55.
30 Notice of intent to implement ss. 414.015-414.55 shall be
31 given to the Speaker of the House of Representatives and the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 President of the Senate in writing and shall be delivered at
2 least 14 consecutive days prior to such action.
3 (3) Any changes to a program, activity, or function
4 taken pursuant to this section shall be considered a type two
5 transfer pursuant to the provisions of s. 20.06(2).
6 (4) In implementing ss. 414.015-414.55, The Governor
7 shall minimize the liability of the state by opting out of the
8 special provision related to community work, as described in
9 s. 402(a)(1)(B)(iv) of the Social Security Act, as amended by
10 Pub. L. No. 104-193. The department and Workforce Florida,
11 Inc., the Department of Labor and Employment Security shall
12 implement the community work program in accordance with s.
13 445.024 ss. 414.015-414.55.
14 Section 49. Section 414.70, Florida Statutes, is
15 amended to read:
16 414.70 Drug-testing and drug-screening program;
17 procedures.--
18 (1) DEMONSTRATION PROJECT.--The Department of Children
19 and Family Services, in consultation with the regional
20 workforce boards in service areas local WAGES coalitions 3 and
21 8, shall develop and, as soon as possible after January 1,
22 1999, implement a demonstration project in service areas WAGES
23 regions 3 and 8 to screen each applicant and test applicants
24 for temporary cash assistance provided under this chapter, who
25 the department has reasonable cause to believe, based on the
26 screening, engage in illegal use of controlled substances.
27 Unless reauthorized by the Legislature, this demonstration
28 project expires June 30, 2001. As used in this section act,
29 the term "applicant" means an individual who first applies for
30 temporary cash assistance or services under this chapter the
31 WAGES Program. Screening and testing for the illegal use of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 controlled substances is not required if the individual
2 reapplies during any continuous period in which the individual
3 receives assistance or services. However, an individual may
4 volunteer for drug testing and treatment if funding is
5 available.
6 (a) Applicants subject to the requirements of this
7 section include any parent or caretaker relative who is
8 included in the cash assistance group, including individuals
9 who may be exempt from work activity requirements due to the
10 age of the youngest child or who may be excepted from work
11 activity requirements under s. 414.065(4) s. 414.065(7).
12 (b) Applicants not subject to the requirements of this
13 section include applicants for food stamps or Medicaid who are
14 not applying for cash assistance, applicants who, if eligible,
15 would be exempt from the time limitation and work activity
16 requirements due to receipt of social security disability
17 income, and applicants who, if eligible, would be excluded
18 from the assistance group due to receipt of supplemental
19 security income.
20 (2) PROCEDURES.--Under the demonstration project, the
21 Department of Children and Family Services shall:
22 (a) Provide notice of drug screening and the potential
23 for possible drug testing to each applicant at the time of
24 application. The notice must advise the applicant that drug
25 screening and possibly drug testing will be conducted as a
26 condition for receiving temporary assistance or services under
27 this chapter, and shall specify the assistance or services
28 that are subject to this requirement. The notice must also
29 advise the applicant that a prospective employer may require
30 the applicant to submit to a preemployment drug test. The
31 applicant shall be advised that the required drug screening
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 and possible drug testing may be avoided if the applicant does
2 not apply for or receive assistance or services. The
3 drug-screening and drug-testing program is not applicable in
4 child-only cases.
5 (b) Develop a procedure for drug screening and
6 conducting drug testing of applicants for temporary cash
7 assistance or services under the WAGES Program. For two-parent
8 families, both parents must comply with the drug screening and
9 testing requirements of this section.
10 (c) Provide a procedure to advise each person to be
11 tested, before the test is conducted, that he or she may, but
12 is not required to, advise the agent administering the test of
13 any prescription or over-the-counter medication he or she is
14 taking.
15 (d) Require each person to be tested to sign a written
16 acknowledgment that he or she has received and understood the
17 notice and advice provided under paragraphs (a) and (c).
18 (e) Provide a procedure to assure each person being
19 tested a reasonable degree of dignity while producing and
20 submitting a sample for drug testing, consistent with the
21 state's need to ensure the reliability of the sample.
22 (f) Specify circumstances under which a person who
23 fails a drug test has the right to take one or more additional
24 tests.
25 (g) Provide a procedure for appealing the results of a
26 drug test by a person who fails a test and for advising the
27 appellant that he or she may, but is not required to, advise
28 appropriate staff of any prescription or over-the-counter
29 medication he or she has been taking.
30 (h) Notify each person who fails a drug test of the
31 local substance abuse treatment programs that may be available
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 to such person.
2 (3) CHILDREN.--
3 (a) If a parent is deemed ineligible for cash
4 assistance due to refusal to comply with the provisions of
5 this section, his or her dependent child's eligibility for
6 cash assistance is not affected. A parent who is ineligible
7 for cash assistance due to refusal or failure to comply with
8 the provisions of this section shall be subject to the work
9 activity requirements of s. 445.024 s. 414.065, and shall be
10 subject to the penalties under s. 414.065(1) s. 414.065(4)
11 upon failure to comply with such requirements.
12 (b) If a parent is deemed ineligible for cash
13 assistance due to the failure of a drug test, an appropriate
14 protective payee will be established for the benefit of the
15 child.
16 (c) If the parent refuses to cooperate in establishing
17 an appropriate protective payee for the child, the Department
18 of Children and Family Services will appoint one.
19 (4) TREATMENT.--
20 (a) Subject to the availability of funding, the
21 Department of Children and Family Services shall provide a
22 substance abuse treatment program for a person who fails a
23 drug test conducted under this section act and is eligible to
24 receive temporary cash assistance or services under this
25 chapter the WAGES Program. The department shall provide for a
26 retest at the end of the treatment period. Failure to pass the
27 retest will result in the termination of temporary cash
28 assistance or services provided under this chapter and of any
29 right to appeal the termination.
30 (b) The Department of Children and Family Services
31 shall develop rules regarding the disclosure of information
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 concerning applicants who enter treatment, including the
2 requirement that applicants sign a consent to release
3 information to the Department of Children and Family Services
4 or the Department of Labor and Employment Security, as
5 necessary, as a condition of entering the treatment program.
6 (c) The Department of Children and Family Services may
7 develop rules for assessing the status of persons formerly
8 treated under this section act who reapply for assistance or
9 services under the WAGES act as well as the need for drug
10 testing as a part of the reapplication process.
11 (5) EVALUATIONS AND RECOMMENDATIONS.--
12 (a) The Department of Children and Family Services, in
13 conjunction with the regional workforce boards local WAGES
14 coalitions in service areas 3 and 8, shall conduct a
15 comprehensive evaluation of the demonstration projects
16 operated under this section act. By January 1, 2000, the
17 department, in conjunction with the local WAGES coalitions
18 involved, shall report to the WAGES Program State Board of
19 Directors and to the Legislature on the status of the initial
20 implementation of the demonstration projects and shall
21 specifically describe the problems encountered and the funds
22 expended during the first year of operation.
23 (b) By January 1, 2001, the department, in conjunction
24 with the regional workforce boards local WAGES coalitions
25 involved, shall provide a comprehensive evaluation to the
26 WAGES Program State Board of Directors and to the Legislature,
27 which must include:
28 1. The impact of the drug-screening and drug-testing
29 program on employability, job placement, job retention, and
30 salary levels of program participants.
31 2. Recommendations, based in part on a cost and
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 benefit analysis, as to the feasibility of expanding the
2 program to other local WAGES service areas, including specific
3 recommendations for implementing such expansion of the
4 program.
5 (6) CONFLICTS.--In the event of a conflict between the
6 implementation procedures described in this program and
7 federal requirements and regulations, federal requirements and
8 regulations shall control.
9 Section 50. Sections 239.249, 288.9950, 288.9954,
10 288.9957, 288.9958, 288.9959, 414.015, 414.026, 414.0267,
11 414.027, 414.028, 414.029, 414.030, 414.055, 414.125, 414.25,
12 and 414.38, Florida Statutes, are repealed.
13 Section 51. Subsection (2) of section 14.2015, Florida
14 Statutes, is amended to read:
15 14.2015 Office of Tourism, Trade, and Economic
16 Development; creation; powers and duties.--
17 (2) The purpose of the Office of Tourism, Trade, and
18 Economic Development is to assist the Governor in working with
19 the Legislature, state agencies, business leaders, and
20 economic development professionals to formulate and implement
21 coherent and consistent policies and strategies designed to
22 provide economic opportunities for all Floridians. To
23 accomplish such purposes, the Office of Tourism, Trade, and
24 Economic Development shall:
25 (a) Contract, notwithstanding the provisions of part I
26 of chapter 287, with the direct-support organization created
27 under s. 288.1229 to guide, stimulate, and promote the sports
28 industry in the state, to promote the participation of
29 Florida's citizens in amateur athletic competition, and to
30 promote Florida as a host for national and international
31 amateur athletic competitions.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (b) Monitor the activities of public-private
2 partnerships and state agencies in order to avoid duplication
3 and promote coordinated and consistent implementation of
4 programs in areas including, but not limited to, tourism;
5 international trade and investment; business recruitment,
6 creation, retention, and expansion; workforce development;
7 minority and small business development; and rural community
8 development. As part of its responsibilities under this
9 paragraph, the office shall work with Enterprise Florida,
10 Inc., and Workforce Florida, Inc., to ensure that, to the
11 maximum extent possible, there are direct linkages between the
12 economic development and workforce development goals and
13 strategies of the state.
14 (c) Facilitate the direct involvement of the Governor
15 and the Lieutenant Governor in economic development and
16 workforce development projects designed to create, expand, and
17 retain Florida businesses and to recruit worldwide business,
18 as well as in other job-creating efforts.
19 (d) Assist the Governor, in cooperation with
20 Enterprise Florida, Inc., Workforce Florida, Inc., and the
21 Florida Commission on Tourism, in preparing an annual report
22 to the Legislature on the state of the business climate in
23 Florida and on the state of economic development in Florida
24 which will include the identification of problems and the
25 recommendation of solutions. This report shall be submitted
26 to the President of the Senate, the Speaker of the House of
27 Representatives, the Senate Minority Leader, and the House
28 Minority Leader by January 1 of each year, and it shall be in
29 addition to the Governor's message to the Legislature under
30 the State Constitution and any other economic reports required
31 by law.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (e) Plan and conduct at least one meeting per calendar
2 year of leaders in business, government, education, workforce
3 development, and economic development called by the Governor
4 to address the business climate in the state, develop a common
5 vision for the economic future of the state, and identify
6 economic development efforts to fulfill that vision.
7 (f)1. Administer the Florida Enterprise Zone Act under
8 ss. 290.001-290.016, the community contribution tax credit
9 program under ss. 220.183 and 624.5105, the tax refund program
10 for qualified target industry businesses under s. 288.106, the
11 tax-refund program for qualified defense contractors under s.
12 288.1045, contracts for transportation projects under s.
13 288.063, the sports franchise facility program under s.
14 288.1162, the professional golf hall of fame facility program
15 under s. 288.1168, the expedited permitting process under s.
16 403.973, the Rural Community Development Revolving Loan Fund
17 under s. 288.065, the Regional Rural Development Grants
18 Program under s. 288.018, the Certified Capital Company Act
19 under s. 288.99, the Florida State Rural Development Council,
20 the Rural Economic Development Initiative, and other programs
21 that are specifically assigned to the office by law, by the
22 appropriations process, or by the Governor. Notwithstanding
23 any other provisions of law, the office may expend interest
24 earned from the investment of program funds deposited in the
25 Economic Development Trust Fund, the Grants and Donations
26 Trust Fund, the Brownfield Property Ownership Clearance
27 Assistance Revolving Loan Trust Fund, and the Economic
28 Development Transportation Trust Fund to contract for the
29 administration of the programs, or portions of the programs,
30 enumerated in this paragraph or assigned to the office by law,
31 by the appropriations process, or by the Governor. Such
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 expenditures shall be subject to review under chapter 216.
2 2. The office may enter into contracts in connection
3 with the fulfillment of its duties concerning the Florida
4 First Business Bond Pool under chapter 159, tax incentives
5 under chapters 212 and 220, tax incentives under the Certified
6 Capital Company Act in chapter 288, foreign offices under
7 chapter 288, the Enterprise Zone program under chapter 290,
8 the Seaport Employment Training program under chapter 311, the
9 Florida Professional Sports Team License Plates under chapter
10 320, Spaceport Florida under chapter 331, Expedited Permitting
11 under chapter 403, and in carrying out other functions that
12 are specifically assigned to the office by law, by the
13 appropriations process, or by the Governor.
14 (g) Serve as contract administrator for the state with
15 respect to contracts with Enterprise Florida, Inc., the
16 Florida Commission on Tourism, and all direct-support
17 organizations under this act, excluding those relating to
18 tourism. To accomplish the provisions of this act and
19 applicable provisions of chapter 288, and notwithstanding the
20 provisions of part I of chapter 287, the office shall enter
21 into specific contracts with Enterprise Florida, Inc., the
22 Florida Commission on Tourism, and other appropriate
23 direct-support organizations. Such contracts may be multiyear
24 and shall include specific performance measures for each year.
25 (h) Provide administrative oversight for the Office of
26 the Film Commissioner, created under s. 288.1251, to develop,
27 promote, and provide services to the state's entertainment
28 industry and to administratively house the Florida Film
29 Advisory Council created under s. 288.1252.
30 (i) Prepare and submit as a separate budget entity a
31 unified budget request for tourism, trade, and economic
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 development in accordance with chapter 216 for, and in
2 conjunction with, Enterprise Florida, Inc., and its boards,
3 the Florida Commission on Tourism and its direct-support
4 organization, the Florida Black Business Investment Board, the
5 Office of the Film Commissioner, and the direct-support
6 organization created to promote the sports industry.
7 (j) Adopt rules, as necessary, to carry out its
8 functions in connection with the administration of the
9 Qualified Target Industry program, the Qualified Defense
10 Contractor program, the Certified Capital Company Act, the
11 Enterprise Zone program, and the Florida First Business Bond
12 pool.
13 Section 52. Effective October 1, 2000, subsections (4)
14 and (5) of section 20.171, Florida Statutes, are amended to
15 read:
16 20.171 Department of Labor and Employment
17 Security.--There is created a Department of Labor and
18 Employment Security. The department shall operate its programs
19 in a decentralized fashion.
20 (4)(a) The Assistant Secretary for Programs and
21 Operations must possess a broad knowledge of the
22 administrative, financial, and technical aspects of the
23 divisions within the department.
24 (b) The assistant secretary is responsible for
25 developing, monitoring, and enforcing policy and managing
26 major technical programs and supervising the Bureau of Appeals
27 of the Division of Unemployment Compensation. The
28 responsibilities and duties of the position include, but are
29 not limited to, the following functional areas:
30 1. Workers' compensation management and policy
31 implementation.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 2. Jobs and benefits management and policy
2 information.
3 2.3. Unemployment compensation management and policy
4 implementation.
5 3.4. Blind services management and policy
6 implementation.
7 4.5. Oversight of the five field offices and any local
8 offices.
9 (5) The following divisions are established and shall
10 be headed by division directors who shall be supervised by and
11 shall be responsible to the Assistant Secretary for Programs
12 and Operations:
13 (a) Division of Workforce and Employment
14 Opportunities.
15 (a)(b) Division of Unemployment Compensation.
16 (b)(c) Division of Workers' Compensation.
17 (c)(d) Division of Blind Services.
18 (d)(e) Division of Safety, which is repealed July 1,
19 2000.
20 (e)(f) Division of Vocational Rehabilitation.
21 Section 53. Section 20.50, Florida Statutes, is
22 created to read:
23 20.50 Agency for Workforce Innovation.--There is
24 created the Agency for Workforce Innovation within the
25 Department of Management Services. The agency shall be a
26 separate budget entity, and the director of the agency shall
27 be the agency head for all purposes. The agency shall not be
28 subject to control, supervision, or direction by the
29 Department of Management Services in any manner, including,
30 but not limited to, personnel, purchasing, transactions
31 involving real or personal property, and budgetary matters.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (1) The Agency for Workforce Innovation shall ensure
2 that the state appropriately administers federal and state
3 workforce funding by administering plans and policies of
4 Workforce Florida, Inc., under contract with Workforce
5 Florida, Inc. The operating budget and mid-year amendments
6 thereto must be part of such contract.
7 (a) All program and fiscal instructions to regional
8 workforce boards shall emanate from the agency pursuant to
9 plans and policies of Workforce Florida, Inc. Workforce
10 Florida, Inc., shall be responsible for all policy directions
11 to the regional boards.
12 (b) Unless otherwise provided by agreement with
13 Workforce Florida, Inc., administrative and personnel policies
14 of the Agency for Workforce Innovation shall apply.
15 (2) The Agency for Workforce Innovation shall be the
16 designated administrative agency for receipt of federal
17 workforce development grants and other federal funds, and
18 shall carry out the duties and responsibilities assigned by
19 the Governor under each federal grant assigned to the agency.
20 The agency shall be a separate budget entity and shall expend
21 each revenue source as provided by federal and state law and
22 as provided in plans developed by and agreements with
23 Workforce Florida, Inc. The agency shall prepare and submit as
24 a separate budget entity a unified budget request for
25 workforce development, in accordance with chapter 216 for, and
26 in conjunction with, Workforce Florida, Inc., and its board.
27 The head of the agency is the Director of Workforce
28 Innovation, who shall be appointed by the Governor. Within the
29 agency's overall organizational structure, the agency shall
30 include the following offices which shall have the specified
31 responsibilities:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (a) The Office of Workforce Services shall administer
2 state merit system program staff within the workforce service
3 delivery system, pursuant to policies of Workforce Florida,
4 Inc. The office shall be directed by the Deputy Director for
5 Workforce Services, who shall be appointed by and serve at the
6 pleasure of the director.
7 (b) The Office of Workforce Support Services shall be
8 responsible for ensuring provisions for Temporary Assistance
9 for Needy Families and welfare transition programs in federal
10 laws and regulations and chapters 414 and 445 are implemented.
11 The office shall ensure participants in these programs receive
12 case management services, and support services, such as
13 subsidized child care, health care coverage, diversion, and
14 relocation assistance, to enable them to succeed in the
15 workforce, as delineated in their case plans. The office
16 shall be directed by the Deputy Director for Workforce Support
17 Services, who shall be appointed by and serve at the pleasure
18 of the director.
19 (c) The Office of Workforce Investment and
20 Accountability shall be responsible for procurement,
21 contracting, financial management, accounting, audits, and
22 verification. The office shall be directed by the Deputy
23 Director for Workforce Investment and Accountability, who
24 shall be appointed by and serve at the pleasure of the
25 director. The office shall be responsible for:
26 1. Establishing standards and controls for reporting
27 budgeting, expenditure, and performance information for
28 assessing outcomes, service delivery, and financial
29 administration of workforce programs pursuant to ss.
30 445.004(5) and 445.004(9).
31 2. Establishing 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 quality improvement systems that routinely assess the quality
2 and effectiveness of contracted programs and services.
3 3. Annual review of each regional workforce board and
4 administrative entity to ensure adequate systems of reporting
5 and control are in place, and monitoring, quality assurance,
6 and quality improvement activities are conducted routinely,
7 and corrective action is taken to eliminate deficiencies.
8 (d) The Office of Workforce Information Services shall
9 deliver information on labor markets, employment, occupations,
10 and performance, and shall implement and maintain information
11 systems that are required for the effective operation of the
12 one-stop delivery system, including, but not limited to, those
13 systems described in s. 445.009. The office will be under the
14 direction of the Deputy Director for Workforce Information
15 Services, who shall be appointed by and serve at the pleasure
16 of the director. The office shall be responsible for
17 establishing:
18 1. Information systems and controls that report
19 reliable, timely and accurate fiscal and performance data for
20 assessing outcomes, service delivery, and financial
21 administration of workforce programs pursuant to ss.
22 445.004(5) and 445.004(9).
23 2. Information systems that support service
24 integration and case management by providing for case tracking
25 for participants in welfare transition programs.
26 (3) The Agency for Workforce Innovation shall serve as
27 the designated agency for purposes of each federal workforce
28 development grant assigned to it for administration. The
29 agency shall carry out the duties assigned to it by the
30 Governor, under the terms and conditions of each grant. The
31 agency shall have the level of authority and autonomy
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 necessary to be the designated recipient of each federal grant
2 assigned to it, and shall disperse such grants pursuant to the
3 plans and policies of Workforce Florida, Inc. The director
4 may, upon delegation from the Governor and pursuant to
5 agreement with Workforce Florida, Inc., sign contracts,
6 grants, and other instruments as necessary to execute
7 functions assigned to the agency. The assignment of powers and
8 duties to the agency does not limit the authority and
9 responsibilities of the Secretary of Management Services as
10 provided in paragraph (1)(a). Notwithstanding other provisions
11 of law, the following federal grants and other funds are
12 assigned for administration to the Agency for Workforce
13 Innovation:
14 (a) Programs authorized under Title I of the Workforce
15 Investment Act of 1998, Pub. L. No. 105-220, except for
16 programs funded directly by the United States Department of
17 Labor under Title I, s. 167.
18 (b) Programs authorized under the Wagner-Peyser Act of
19 1933, as amended, 29 U.S.C. ss. 49 et seq.
20 (c) Welfare-to-work grants administered by the United
21 States Department of Labor under Title IV, s. 403, of the
22 Social Security Act, as amended.
23 (d) Activities authorized under Title II of the Trade
24 Act of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the
25 Trade Adjustment Assistance Program.
26 (e) Activities authorized under chapter 41 of Title 38
27 U.S.C., including job counseling, training, and placement for
28 veterans.
29 (f) Employment and training activities carried out
30 under the Community Services Block Grant Act, 42 U.S.C. ss.
31 9901 et seq.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (g) Employment and training activities carried out
2 under funds awarded to this state by the United States
3 Department of Housing and Urban Development.
4 (h) Designated state and local program expenditures
5 under part A of Title IV of the Social Security Act for
6 welfare transition workforce services associated with the
7 Temporary Assistance for Needy Families Program.
8 (i) Programs authorized under the National and
9 Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,
10 and the Service-America programs, the National Service Trust
11 programs, the Civilian Community Corps, the Corporation for
12 National and Community Service, the American Conservation and
13 Youth Service Corps, and the Points of Light Foundation
14 programs, if such programs are awarded to the state.
15 (j) Other programs funded by federal or state
16 appropriations, as determined by the Legislature in the
17 General Appropriations Act or by law.
18 (4) The Agency for Workforce Innovation shall provide
19 or contract for training for employees of administrative
20 entities and case managers of any contracted providers to
21 ensure they have the necessary competencies and skills to
22 provide adequate administrative oversight and delivery of the
23 full array of client services pursuant to s. 445.006(5)(f).
24 Training requirements include, but are not limited to:
25 (a) Minimum skills, knowledge, and abilities required
26 for each classification of program personnel utilized in the
27 regional workforce boards' service delivery plans.
28 (b) Minimum requirements for development of a regional
29 workforce board supported personnel training plan to include
30 preservice and inservice components.
31 (c) Specifications or criteria under which any
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 regional workforce board may award bonus points or otherwise
2 give preference to competitive service provider applications
3 that provide minimum criteria for assuring competent case
4 management, including, but not limited to, maximum caseload
5 per case manager, current staff turnover rate, minimum
6 educational or work experience requirements, and a
7 differentiated compensation plan based on the competency
8 levels of personnel.
9 (d) Minimum skills, knowledge, and abilities required
10 for contract management, including budgeting, expenditure, and
11 performance information related to service delivery and
12 financial administration, monitoring, quality assurance and
13 improvement, and standards of conduct for employees of
14 regional workforce boards and administrative entities
15 specifically related to carrying out contracting
16 responsibilities.
17 Section 54. Paragraph (b) of subsection (5) of section
18 212.08, Florida Statutes, is amended to read:
19 212.08 Sales, rental, use, consumption, distribution,
20 and storage tax; specified exemptions.--The sale at retail,
21 the rental, the use, the consumption, the distribution, and
22 the storage to be used or consumed in this state of the
23 following are hereby specifically exempt from the tax imposed
24 by this chapter.
25 (5) EXEMPTIONS; ACCOUNT OF USE.--
26 (b) Machinery and equipment used to increase
27 productive output.--
28 1. Industrial machinery and equipment purchased for
29 exclusive use by a new business in spaceport activities as
30 defined by s. 212.02 or for use in new businesses which
31 manufacture, process, compound, or produce for sale items of
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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 are exempt from
2 the tax imposed by this chapter upon an affirmative showing by
3 the taxpayer to the satisfaction of the department that such
4 items are used in a new business in this state. Such purchases
5 must be made prior to the date the business first begins its
6 productive operations, and delivery of the purchased item must
7 be made within 12 months of that date.
8 2.a. Industrial machinery and equipment purchased for
9 exclusive use by an expanding facility which is engaged in
10 spaceport activities as defined by s. 212.02 or for use in
11 expanding manufacturing facilities or plant units which
12 manufacture, process, compound, or produce for sale items of
13 tangible personal property at fixed locations in this state
14 are exempt from any amount of tax imposed by this chapter in
15 excess of $50,000 per calendar year upon an affirmative
16 showing by the taxpayer to the satisfaction of the department
17 that such items are used to increase the productive output of
18 such expanded facility or business by not less than 10
19 percent.
20 b. Notwithstanding any other provision of this
21 section, industrial machinery and equipment purchased for use
22 in expanding printing manufacturing facilities or plant units
23 that manufacture, process, compound, or produce for sale items
24 of tangible personal property at fixed locations in this state
25 are exempt from any amount of tax imposed by this chapter upon
26 an affirmative showing by the taxpayer to the satisfaction of
27 the department that such items are used to increase the
28 productive output of such an expanded business by not less
29 than 10 percent.
30 3.a. To receive an exemption provided by subparagraph
31 1. or subparagraph 2., a qualifying business entity shall
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 apply to the department for a temporary tax exemption permit.
2 The application shall state that a new business exemption or
3 expanded business exemption is being sought. Upon a tentative
4 affirmative determination by the department pursuant to
5 subparagraph 1. or subparagraph 2., the department shall issue
6 such permit.
7 b. The applicant shall be required to maintain all
8 necessary books and records to support the exemption. Upon
9 completion of purchases of qualified machinery and equipment
10 pursuant to subparagraph 1. or subparagraph 2., the temporary
11 tax permit shall be delivered to the department or returned to
12 the department by certified or registered mail.
13 c. If, in a subsequent audit conducted by the
14 department, it is determined that the machinery and equipment
15 purchased as exempt under subparagraph 1. or subparagraph 2.
16 did not meet the criteria mandated by this paragraph or if
17 commencement of production did not occur, the amount of taxes
18 exempted at the time of purchase shall immediately be due and
19 payable to the department by the business entity, together
20 with the appropriate interest and penalty, computed from the
21 date of purchase, in the manner prescribed by this chapter.
22 d. In the event a qualifying business entity fails to
23 apply for a temporary exemption permit or if the tentative
24 determination by the department required to obtain a temporary
25 exemption permit is negative, a qualifying business entity
26 shall receive the exemption provided in subparagraph 1. or
27 subparagraph 2. through a refund of previously paid taxes. No
28 refund may be made for such taxes unless the criteria mandated
29 by subparagraph 1. or subparagraph 2. have been met and
30 commencement of production has occurred.
31 4. The department shall promulgate rules governing
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 applications for, issuance of, and the form of temporary tax
2 exemption permits; provisions for recapture of taxes; and the
3 manner and form of refund applications and may establish
4 guidelines as to the requisites for an affirmative showing of
5 increased productive output, commencement of production, and
6 qualification for exemption.
7 5. The exemptions provided in subparagraphs 1. and 2.
8 do not apply to machinery or equipment purchased or used by
9 electric utility companies, communications companies, oil or
10 gas exploration or production operations, publishing firms
11 that do not export at least 50 percent of their finished
12 product out of the state, any firm subject to regulation by
13 the Division of Hotels and Restaurants of the Department of
14 Business and Professional Regulation, or any firm which does
15 not manufacture, process, compound, or produce for sale items
16 of tangible personal property or which does not use such
17 machinery and equipment in spaceport activities as required by
18 this paragraph. The exemptions provided in subparagraphs 1.
19 and 2. shall apply to machinery and equipment purchased for
20 use in phosphate or other solid minerals severance, mining, or
21 processing operations only by way of a prospective credit
22 against taxes due under chapter 211 for taxes paid under this
23 chapter on such machinery and equipment.
24 6. For the purposes of the exemptions provided in
25 subparagraphs 1. and 2., these terms have the following
26 meanings:
27 a. "Industrial machinery and equipment" means "section
28 38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the
29 Internal Revenue Code, provided "industrial machinery and
30 equipment" shall be construed by regulations adopted by the
31 Department of Revenue to mean tangible property used as an
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 integral part of spaceport activities or of the manufacturing,
2 processing, compounding, or producing for sale of items of
3 tangible personal property. Such term includes parts and
4 accessories only to the extent that the exemption thereof is
5 consistent with the provisions of this paragraph.
6 b. "Productive output" means the number of units
7 actually produced by a single plant or operation in a single
8 continuous 12-month period, irrespective of sales. Increases
9 in productive output shall be measured by the output for 12
10 continuous months immediately following the completion of
11 installation of such machinery or equipment over the output
12 for the 12 continuous months immediately preceding such
13 installation. However, if a different 12-month continuous
14 period of time would more accurately reflect the increase in
15 productive output of machinery and equipment purchased to
16 facilitate an expansion, the increase in productive output may
17 be measured during that 12-month continuous period of time if
18 such time period is mutually agreed upon by the Department of
19 Revenue and the expanding business prior to the commencement
20 of production; provided, however, in no case may such time
21 period begin later than 2 years following the completion of
22 installation of the new machinery and equipment. The units
23 used to measure productive output shall be physically
24 comparable between the two periods, irrespective of sales.
25 7. Notwithstanding any other provision in this
26 paragraph to the contrary, in order to receive the exemption
27 provided in this paragraph a taxpayer must register with the
28 WAGES Program Business Registry established by the local WAGES
29 coalition for the area in which the taxpayer is located. Such
30 registration establishes a commitment on the part of the
31 taxpayer to hire WAGES program participants to the maximum
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 extent possible consistent with the nature of their business.
2 Section 55. Subsections (1) and (3) of section
3 212.096, Florida Statutes, are amended to read:
4 212.096 Sales, rental, storage, use tax; enterprise
5 zone jobs credit against sales tax.--
6 (1) For the purposes of the credit provided in this
7 section:
8 (a) "Eligible business" means any sole proprietorship,
9 firm, partnership, corporation, bank, savings association,
10 estate, trust, business trust, receiver, syndicate, or other
11 group or combination, or successor business, located in an
12 enterprise zone. An eligible business does not include any
13 business which has claimed the credit permitted under s.
14 220.181 for any new business employee first beginning
15 employment with the business after July 1, 1995.
16 (b) "Month" means either a calendar month or the time
17 period from any day of any month to the corresponding day of
18 the next succeeding month or, if there is no corresponding day
19 in the next succeeding month, the last day of the succeeding
20 month.
21 (c) "New employee" means a person residing in an
22 enterprise zone, a qualified Job Training Partnership Act
23 classroom training participant, or a welfare transition WAGES
24 program participant who begins employment with an eligible
25 business after July 1, 1995, and who has not been previously
26 employed within the preceding 12 months by the eligible
27 business, or a successor eligible business, claiming the
28 credit allowed by this section.
29
30 A person shall be deemed to be employed if the person performs
31 duties in connection with the operations of the business on a
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 regular, full-time basis, provided the person is performing
2 such duties for an average of at least 36 hours per week each
3 month, or a part-time basis, provided the person is performing
4 such duties for an average of at least 20 hours per week each
5 month throughout the year. The person must be performing such
6 duties at a business site located in the enterprise zone.
7 (3) In order to claim this credit, an eligible
8 business must file under oath with the governing body or
9 enterprise zone development agency having jurisdiction over
10 the enterprise zone where the business is located, as
11 applicable, a statement which includes:
12 (a) For each new employee for whom this credit is
13 claimed, the employee's name and place of residence, including
14 the identifying number assigned pursuant to s. 290.0065 to the
15 enterprise zone in which the employee resides if the new
16 employee is a person residing in an enterprise zone, and, if
17 applicable, documentation that the employee is a qualified Job
18 Training Partnership Act classroom training participant or a
19 welfare transition WAGES program participant.
20 (b) If applicable, the name and address of each
21 permanent employee of the business, including, for each
22 employee who is a resident of an enterprise zone, the
23 identifying number assigned pursuant to s. 290.0065 to the
24 enterprise zone in which the employee resides.
25 (c) The name and address of the eligible business.
26 (d) The starting salary or hourly wages paid to the
27 new employee.
28 (e) The identifying number assigned pursuant to s.
29 290.0065 to the enterprise zone in which the business is
30 located.
31 (f) Whether the business is a small business as
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 defined by s. 288.703(1).
2 (g) Within 10 working days after receipt of an
3 application, the governing body or enterprise zone development
4 agency shall review the application to determine if it
5 contains all the information required pursuant to this
6 subsection and meets the criteria set out in this section. The
7 governing body or agency shall certify all applications that
8 contain the information required pursuant to this subsection
9 and meet the criteria set out in this section as eligible to
10 receive a credit. If applicable, the governing body or agency
11 shall also certify if 20 percent of the employees of the
12 business are residents of an enterprise zone, excluding
13 temporary and part-time employees. The certification shall be
14 in writing, and a copy of the certification shall be
15 transmitted to the executive director of the Department of
16 Revenue. The business shall be responsible for forwarding a
17 certified application to the department within the time
18 specified in paragraph (h).
19 (h) All applications for a credit pursuant to this
20 section must be submitted to the department within 4 months
21 after the new employee is hired.
22 Section 56. Subsection (5) of section 212.097, Florida
23 Statutes, is amended to read:
24 212.097 Urban High-Crime Area Job Tax Credit
25 Program.--
26 (5) For any new eligible business receiving a credit
27 pursuant to subsection (3), an additional $500 credit shall be
28 provided for any qualified employee who is a welfare
29 transition WAGES program participant pursuant to chapter 414.
30 For any existing eligible business receiving a credit pursuant
31 to subsection (4), an additional $500 credit shall be provided
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 for any qualified employee who is a welfare transition WAGES
2 program participant pursuant to chapter 414. Such employee
3 must be employed on the application date and have been
4 employed less than 1 year. This credit shall be in addition to
5 other credits pursuant to this section regardless of the
6 tier-level of the high-crime area. Appropriate documentation
7 concerning the eligibility of an employee for this credit must
8 be submitted as determined by the department.
9 Section 57. Subsection (5) of section 212.098, Florida
10 Statutes, is amended to read:
11 212.098 Rural Job Tax Credit Program.--
12 (5) For any new eligible business receiving a credit
13 pursuant to subsection (3), an additional $500 credit shall be
14 provided for any qualified employee who is a welfare
15 transition WAGES program participant pursuant to chapter 414.
16 For any existing eligible business receiving a credit pursuant
17 to subsection (4), an additional $500 credit shall be provided
18 for any qualified employee who is a welfare transition WAGES
19 program participant pursuant to chapter 414. Such employee
20 must be employed on the application date and have been
21 employed less than 1 year. This credit shall be in addition to
22 other credits pursuant to this section regardless of the
23 tier-level of the county. Appropriate documentation concerning
24 the eligibility of an employee for this credit must be
25 submitted as determined by the department.
26 Section 58. Subsection (10) of section 216.136,
27 Florida Statutes, is amended to read:
28 216.136 Consensus estimating conferences; duties and
29 principals.--
30 (10) WORKFORCE ESTIMATING OCCUPATIONAL FORECASTING
31 CONFERENCE.--
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (a) Duties.--
2 1. The Workforce Estimating Occupational Forecasting
3 Conference shall develop such official information on the
4 workforce development system planning process as it relates to
5 the personnel needs of current, new, and emerging industries
6 as the conference determines is needed by the state planning
7 and budgeting system. Such information, using quantitative
8 and qualitative research methods, must include at least:
9 short-term and long-term forecasts of employment demand for
10 high-skills/high-wage jobs by occupation and industry; entry
11 and average relative wage forecasts among those occupations;
12 and estimates of the supply of trained and qualified
13 individuals available or potentially available for employment
14 in those occupations, with special focus upon those
15 occupations and industries which require high skills and have
16 high entry wages and experienced wage levels. In the
17 development of workforce estimates, the conference shall use,
18 to the fullest extent possible, local occupational and
19 workforce forecasts and estimates.
20 2. The Workforce Estimating Conference shall review
21 data concerning the local and regional demands for short-term
22 and long-term employment in High-Skills/High-Wage Program
23 jobs, as well as other jobs, which data is generated through
24 surveys conducted as part of the state's Internet-based job
25 matching and labor market information system authorized under
26 s. 445.011. The conference shall consider such data in
27 developing its forecasts for statewide employment demand,
28 including reviewing the local and regional data for common
29 trends and conditions among localities or regions which may
30 warrant inclusion of a particular occupation on the statewide
31 occupational forecasting list developed by the conference.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Based upon its review of such survey data, the conference
2 shall also make recommendations semiannually to Workforce
3 Florida, Inc., on additions or deletions to lists of locally
4 targeted occupations approved by Workforce Florida, Inc.
5 3. During each legislative session, and at other times
6 if necessary, the Workforce Estimating Conference shall meet
7 as the Workforce Impact Conference for the purpose of
8 determining the effects of legislation related to the state's
9 workforce and economic development efforts introduced prior to
10 and during such legislative session. In addition to the
11 designated principals of the impact conference, nonprincipal
12 participants of the impact conference shall include a
13 representative of the Florida Chamber of Commerce and other
14 interested parties. The impact conference shall use both
15 quantitative and qualitative research methods to determine the
16 impact of introduced legislation related to workforce and
17 economic development issues.
18 4. Notwithstanding subparagraph 3., the Workforce
19 Estimating Conference, for the purposes described in
20 subparagraph 1., shall meet no less than 2 times in a calendar
21 year. The first meeting shall be held in February and the
22 second meeting shall be held in August. Other meetings may be
23 scheduled as needed.
24 (b) Principals.--The Commissioner of Education, the
25 Executive Office of the Governor, the director of the Office
26 of Tourism, Trade, and Economic Development, the director of
27 the Agency for Workforce Innovation Secretary of Labor, the
28 Chancellor of the State University System, the Executive
29 Director of the State Board of Community Colleges, the Chair
30 of the State Board of Nonpublic Career Education, the Chair of
31 the Workforce Florida, Inc., and the coordinator of the Office
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 of Economic and Demographic Research, or their designees, and
2 professional staff from the Senate and the House of
3 Representatives who have forecasting and substantive
4 expertise, are the principals of the Workforce Estimating
5 Occupational Forecasting Conference. In addition to the
6 designated principals of the conference, nonprincipal
7 participants of the conference shall include a representative
8 of the Florida Chamber of Commerce and other interested
9 parties. The principal representing the Executive Office of
10 the Governor Commissioner of Education, or the commissioner's
11 designee, shall preside over the sessions of the conference.
12 Section 59. Subsections (1) and (2) of section
13 220.181, Florida Statutes, are amended to read:
14 220.181 Enterprise zone jobs credit.--
15 (1)(a) Beginning July 1, 1995, there shall be allowed
16 a credit against the tax imposed by this chapter to any
17 business located in an enterprise zone which employs one or
18 more new employees. The credit shall be computed as follows:
19 1. Ten percent of the actual monthly wages paid in
20 this state to each new employee whose wages do not exceed
21 $1,500 a month. If no less than 20 percent of the employees of
22 the business are residents of an enterprise zone, excluding
23 temporary and part-time employees, the credit shall be
24 computed as 15 percent of the actual monthly wages paid in
25 this state to each new employee, for a period of up to 12
26 consecutive months;
27 2. Five percent of the first $1,500 of actual monthly
28 wages paid in this state for each new employee whose wages
29 exceed $1,500 a month; or
30 3. Fifteen percent of the first $1,500 of actual
31 monthly wages paid in this state for each new employee who is
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 a welfare transition WAGES program participant pursuant to
2 chapter 414.
3 (b) This credit applies only with respect to wages
4 subject to unemployment tax and does not apply for any new
5 employee who is employed for any period less than 3 full
6 months.
7 (c) If this credit is not fully used in any one year,
8 the unused amount may be carried forward for a period not to
9 exceed 5 years. The carryover credit may be used in a
10 subsequent year when the tax imposed by this chapter for such
11 year exceeds the credit for such year after applying the other
12 credits and unused credit carryovers in the order provided in
13 s. 220.02(10).
14 (2) When filing for an enterprise zone jobs credit, a
15 business must file under oath with the governing body or
16 enterprise zone development agency having jurisdiction over
17 the enterprise zone where the business is located, as
18 applicable, a statement which includes:
19 (a) For each new employee for whom this credit is
20 claimed, the employee's name and place of residence during the
21 taxable year, including the identifying number assigned
22 pursuant to s. 290.0065 to the enterprise zone in which the
23 new employee resides if the new employee is a person residing
24 in an enterprise zone, and, if applicable, documentation that
25 the employee is a qualified Job Training Partnership Act
26 classroom training participant or a welfare transition WAGES
27 program participant.
28 (b) If applicable, the name and address of each
29 permanent employee of the business, including, for each
30 employee who is a resident of an enterprise zone, the
31 identifying number assigned pursuant to s. 290.0065 to the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 enterprise zone in which the employee resides.
2 (c) The name and address of the business.
3 (d) The identifying number assigned pursuant to s.
4 290.0065 to the enterprise zone in which the eligible business
5 is located.
6 (e) The salary or hourly wages paid to each new
7 employee claimed.
8 (f) Whether the business is a small business as
9 defined by s. 288.703(1).
10 Section 60. Subsection (2) and paragraph (k) of
11 subsection (3) of section 230.2305, Florida Statutes, are
12 amended to read:
13 230.2305 Prekindergarten early intervention program.--
14 (2) ELIGIBILITY.--There is hereby created the
15 prekindergarten early intervention program for children who
16 are 3 and 4 years of age. A prekindergarten early
17 intervention program shall be administered by a district
18 school board and shall receive state funds pursuant to
19 subsection (6). Each public school district shall make
20 reasonable efforts to accommodate the needs of children for
21 extended day and extended year services without compromising
22 the quality of the 6-hour, 180-day program. The school
23 district shall report on such efforts. School district
24 participation in the prekindergarten early intervention
25 program shall be at the discretion of each school district.
26 (a) At least 75 percent of the children projected to
27 be served by the district program shall be economically
28 disadvantaged 4-year-old children of working parents,
29 including migrant children or children whose parents
30 participate in the welfare transition WAGES program. Other
31 children projected to be served by the district program may
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 include any of the following up to a maximum of 25 percent of
2 the total number of children served:
3 1. Three-year-old and four-year-old children who are
4 referred to the school system who may not be economically
5 disadvantaged but who are abused, prenatally exposed to
6 alcohol or harmful drugs, or from foster homes, or who are
7 marginal in terms of Exceptional Student Education placement.
8 2. Three-year-old children and four-year-old children
9 who may not be economically disadvantaged but who are eligible
10 students with disabilities and served in an exceptional
11 student education program with required special services,
12 aids, or equipment and who are reported for partial funding in
13 the K-12 Florida Education Finance Program. These students
14 may be funded from prekindergarten early intervention program
15 funds the portion of the time not funded by the K-12 Florida
16 Education Finance Program for the actual instructional time or
17 one full-time equivalent student membership, whichever is the
18 lesser. These students with disabilities shall be counted
19 toward the 25-percent student limit based on full-time
20 equivalent student membership funded part-time by
21 prekindergarten early intervention program funds. Also,
22 3-year-old or 4-year-old eligible students with disabilities
23 who are reported for funding in the K-12 Florida Education
24 Finance Program in an exceptional student education program as
25 provided in s. 236.081(1)(c) may be mainstreamed in the
26 prekindergarten early intervention program if such programming
27 is reflected in the student's individual educational plan; if
28 required special services, aids, or equipment are provided;
29 and if there is no operational cost to prekindergarten early
30 intervention program funds. Exceptional education students
31 who are reported for maximum K-12 Florida Education Finance
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Program funding and who are not reported for early
2 intervention funding shall not count against the 75-percent or
3 25-percent student limit as stated in this paragraph.
4 3. Economically disadvantaged 3-year-old children.
5 4. Economically disadvantaged children, children with
6 disabilities, and children at risk of future school failure,
7 from birth to age four, who are served at home through home
8 visitor programs and intensive parent education programs such
9 as the Florida First Start Program.
10 5. Children who meet federal and state requirements
11 for eligibility for the migrant preschool program but who do
12 not meet the criteria of "economically disadvantaged" as
13 defined in paragraph (b), who shall not pay a fee.
14 6. After the groups listed in subparagraphs 1., 2.,
15 3., and 4. have been served, 3-year-old and 4-year-old
16 children who are not economically disadvantaged and for whom a
17 fee is paid for the children's participation.
18 (b) An "economically disadvantaged" child shall be
19 defined as a child eligible to participate in the free lunch
20 program. Notwithstanding any change in a family's economic
21 status or in the federal eligibility requirements for free
22 lunch, a child who meets the eligibility requirements upon
23 initial registration for the program shall be considered
24 eligible until the child reaches kindergarten age. In order
25 to assist the school district in establishing the priority in
26 which children shall be served, and to increase the efficiency
27 in the provision of child care services in each district, the
28 district shall enter into a written collaborative agreement
29 with other publicly funded early education and child care
30 programs within the district. Such agreement shall be
31 facilitated by the interagency coordinating council and shall
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 set forth, among other provisions, the measures to be
2 undertaken to ensure the programs' achievement and compliance
3 with the performance standards established in subsection (3)
4 and for maximizing the public resources available to each
5 program. In addition, the central agency for state-subsidized
6 child care or the local service district of the Department of
7 Children and Family Services shall provide the school district
8 with an updated list of 3-year-old and 4-year-old children
9 residing in the school district who are on the waiting list
10 for state-subsidized child care.
11 (3) STANDARDS.--
12 (k) The school district must coordinate with the
13 central agency for state-subsidized child care or the local
14 service district of the Department of Children and Family
15 Services to verify family participation in the welfare
16 transition WAGES program, thus ensuring accurate reporting and
17 full utilization of federal funds available through the Family
18 Support Act, and for the agency's or service district's
19 sharing of the waiting list for state-subsidized child care
20 under paragraph (a).
21 Section 61. Subsections (4) and (5) of section 232.17,
22 Florida Statutes, are amended to read:
23 232.17 Enforcement of school attendance.--The
24 Legislature finds that poor academic performance is associated
25 with nonattendance and that schools must take an active role
26 in enforcing attendance as a means of improving the
27 performance of many students. It is the policy of the state
28 that the superintendent of each school district be responsible
29 for enforcing school attendance of all children and youth
30 subject to the compulsory school age in the school district.
31 The responsibility includes recommending to the school board
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 policies and procedures to ensure that schools respond in a
2 timely manner to every unexcused absence, or absence for which
3 the reason is unknown, of students enrolled in the schools.
4 School board policies must require each parent or guardian of
5 a student to justify each absence of the student, and that
6 justification will be evaluated based on adopted school board
7 policies that define excused and unexcused absences. The
8 policies must provide that schools track excused and unexcused
9 absences and contact the home in the case of an unexcused
10 absence from school, or an absence from school for which the
11 reason is unknown, to prevent the development of patterns of
12 nonattendance. The Legislature finds that early intervention
13 in school attendance matters is the most effective way of
14 producing good attendance habits that will lead to improved
15 student learning and achievement. Each public school shall
16 implement the following steps to enforce regular school
17 attendance:
18 (4) REPORT TO THE DEPARTMENT OF LABOR AND EMPLOYMENT
19 SECURITY DIVISION OF JOBS AND BENEFITS.--A designated school
20 representative shall report to the Division of Jobs and
21 Benefits of the Department of Labor and Employment Security or
22 to any person acting in similar capacity who may be designated
23 by law to receive such notices, all violations of the Child
24 Labor Law that may come to his or her knowledge.
25 (5) RIGHT TO INSPECT.--A designated school
26 representative shall have the same right of access to, and
27 inspection of, establishments where minors may be employed or
28 detained as is given by law to the Department of Labor and
29 Employment Security Division of Jobs and Benefits only for the
30 purpose of ascertaining whether children of compulsory school
31 age are actually employed there and are actually working there
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 regularly. The designated school representative shall, if he
2 or she finds unsatisfactory working conditions or violations
3 of the Child Labor Law, report his or her findings to the
4 Department of Labor and Employment Security Division of Jobs
5 and Benefits or its agents.
6 Section 62. Paragraph (g) of subsection (1) of section
7 234.01, Florida Statutes, is amended to read:
8 234.01 Purpose; transportation; when provided.--
9 (1) School boards, after considering recommendations
10 of the superintendent:
11 (g) May provide transportation for welfare transition
12 WAGES program participants as defined in s. 414.0252.
13 Section 63. Paragraph (b) of subsection (1) of section
14 234.211, Florida Statutes, is amended to read:
15 234.211 Use of school buses for public purposes.--
16 (1)
17 (b) Each school district may enter into agreements
18 with regional workforce boards local WAGES coalitions for the
19 provision of transportation services to WAGES program
20 participants in the welfare transition program as defined in
21 s. 414.0252. Agreements must provide for reimbursement in full
22 or in part for the proportionate share of fixed and operating
23 costs incurred by the school district attributable to the use
24 of buses in accordance with the agreement.
25 Section 64. Subsection (15) of section 239.105,
26 Florida Statutes, is amended to read:
27 239.105 Definitions.--As used in this chapter, the
28 term:
29 (15) "Degree vocational education program" means a
30 course of study that leads to an associate in applied science
31 degree or an associate in science degree. A degree vocational
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 education program may contain within it one or more
2 occupational completion points and may lead to certificates or
3 diplomas within the course of study. The term is
4 interchangeable with the term "degree career education
5 program." For licensure purposes, the term "associate in
6 science degree" is interchangeable with "associate in applied
7 science degree."
8 Section 65. Paragraph (c) of subsection (4) and
9 subsections (7) and (9) of section 239.115, Florida Statutes,
10 are amended to read:
11 239.115 Funds for operation of adult general education
12 and vocational education programs.--
13 (4) The Florida Workforce Development Education Fund
14 is created to provide performance-based funding for all
15 workforce development programs, whether the programs are
16 offered by a school district or a community college. Funding
17 for all workforce development education programs must be from
18 the Workforce Development Education Fund and must be based on
19 cost categories, performance output measures, and performance
20 outcome measures. This subsection takes effect July 1, 1999.
21 (c) The performance outcome measures for programs
22 funded through the Workforce Development Education Fund are
23 associated with placement and retention of students after
24 reaching a completion point or completing a program of study.
25 These measures include placement or retention in employment
26 that is related to the program of study; placement into or
27 retention in employment in an occupation on the Workforce
28 Estimating Occupational Forecasting Conference list of
29 high-wage, high-skill occupations with sufficient openings, or
30 other High Wage/High Skill Program occupations as determined
31 by Workforce Florida, Inc.; and placement and retention of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 participants WAGES clients or former participants in the
2 welfare transition program WAGES clients in employment.
3 Continuing postsecondary education at a level that will
4 further enhance employment is a performance outcome for adult
5 general education programs. Placement and retention must be
6 reported pursuant to ss. 229.8075 and 239.233.
7 (7)(a) Beginning in fiscal year 1999-2000, a school
8 district or a community college that provides workforce
9 development education funded through the Workforce Development
10 Education Fund shall receive funds in accordance with
11 distributions for base and performance funding established by
12 the Legislature in the General Appropriations Act, pursuant to
13 the following conditions:
14 1.(a) Base funding shall not exceed 85 percent of the
15 current fiscal year total Workforce Development Education Fund
16 allocation, which shall be distributed by the Legislature in
17 the General Appropriations Act based on a maximum of 85
18 percent of the institution's prior year total allocation from
19 base and performance funds.
20 2.(b) Performance funding shall be at least 15 percent
21 of the current fiscal year total Workforce Development
22 Education Fund allocation, which shall be distributed by the
23 Legislature in the General Appropriations Act based on the
24 previous fiscal year's achievement of output and outcomes in
25 accordance with formulas adopted pursuant to subsection (9).
26 Performance funding must incorporate payments for at least
27 three levels of placements that reflect wages and workforce
28 demand. Payments for completions must not exceed 60 percent of
29 the payments for placement. For fiscal year 1999-2000, school
30 districts and community colleges shall be awarded funds
31 pursuant to this paragraph based on performance output data
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 generated for fiscal year 1998-1999 and performance outcome
2 data available in that year.
3 3.(c) If a local educational agency achieves a level
4 of performance sufficient to generate a full allocation as
5 authorized by the workforce development funding formula, the
6 agency may earn performance incentive funds as appropriated
7 for that purpose in a General Appropriations Act. If
8 performance incentive funds are funded and awarded, these
9 funds must be added to the local educational agency's prior
10 year total allocation from the Workforce Development Education
11 Fund and shall be used to calculate the following year's base
12 funding.
13 (b) A program is established to assist school
14 districts and community colleges in responding to the needs of
15 new and expanding businesses and thereby strengthening the
16 state's workforce and economy. The program may be funded in
17 the General Appropriations Act. A school district or community
18 college may expend funds under the program without regard to
19 performance criteria set forth in subparagraph (a)2. The
20 district or community college shall use the program to provide
21 customized training for businesses which satisfies the
22 requirements of s. 288.047. Business firms whose employees
23 receive the customized training must provide 50 percent of the
24 cost of the training. Balances remaining in the program at the
25 end of the fiscal year shall not revert to the general fund,
26 but shall be carried over for 1 additional year and used for
27 the purpose of serving incumbent worker training needs of area
28 businesses with fewer than 100 employees. Priority shall be
29 given to businesses that must increase or upgrade their use of
30 technology to remain competitive.
31 (9) The Department of Education, the State Board of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Community Colleges, and Workforce Florida, Inc., the Jobs and
2 Education Partnership shall provide the Legislature with
3 recommended formulas, criteria, timeframes, and mechanisms for
4 distributing performance funds. The commissioner shall
5 consolidate the recommendations and develop a consensus
6 proposal for funding. The Legislature shall adopt a formula
7 and distribute the performance funds to the Division of
8 Community Colleges and the Division of Workforce Development
9 through the General Appropriations Act. These recommendations
10 shall be based on formulas that would discourage
11 low-performing or low-demand programs and encourage through
12 performance-funding awards:
13 (a) Programs that prepare people to enter high-wage
14 occupations identified by the Workforce Estimating
15 Occupational Forecasting Conference created by s. 216.136 and
16 other programs as approved by Workforce Florida, Inc the Jobs
17 and Education Partnership. At a minimum, performance
18 incentives shall be calculated for adults who reach completion
19 points or complete programs that lead to specified high-wage
20 employment and to their placement in that employment.
21 (b) Programs that successfully prepare adults who are
22 eligible for public assistance, economically disadvantaged,
23 disabled, not proficient in English, or dislocated workers for
24 high-wage occupations. At a minimum, performance incentives
25 shall be calculated at an enhanced value for the completion of
26 adults identified in this paragraph and job placement of such
27 adults upon completion. In addition, adjustments may be made
28 in payments for job placements for areas of high unemployment.
29 (c) Programs that are specifically designed to be
30 consistent with the workforce needs of private enterprise and
31 regional economic development strategies, 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 guidelines set by Workforce Florida, Inc. Workforce Florida,
2 Inc., shall develop guidelines to identify such needs and
3 strategies based on localized research of private employers
4 and economic development practitioners.
5 (d)(c) Programs identified by Workforce Florida, Inc.,
6 the Jobs and Education Partnership as increasing the
7 effectiveness and cost efficiency of education.
8 Section 66. Paragraph (d) of subsection (4) of section
9 239.117, Florida Statutes, is amended to read:
10 239.117 Workforce development postsecondary student
11 fees.--
12 (4) The following students are exempt from the payment
13 of registration, matriculation, and laboratory fees:
14 (d) A student enrolled in an employment and training
15 program under the welfare transition WAGES program. The
16 regional workforce board local WAGES coalition shall pay the
17 community college or school district for costs incurred for
18 welfare transition program participants WAGES clients.
19 Section 67. Paragraph (c) of subsection (2) of section
20 239.229, Florida Statutes, is amended to read:
21 239.229 Vocational standards.--
22 (2)
23 (c) Department of Education accountability for career
24 education includes, but is not limited to:
25 1. The provision of timely, accurate technical
26 assistance to school districts and community colleges.
27 2. The provision of timely, accurate information to
28 the State Board for Career Education, the Legislature, and the
29 public.
30 3. The development of policies, rules, and procedures
31 that facilitate institutional attainment of the accountability
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 standards and coordinate the efforts of all divisions within
2 the department.
3 4. The development of program standards and
4 industry-driven benchmarks for vocational, adult, and
5 community education programs, which must be updated every 3
6 years. The standards must include technical, academic, and
7 workplace skills; viability of distance learning for
8 instruction; and work/learn cycles that are responsive to
9 business and industry.
10 5. Overseeing school district and community college
11 compliance with the provisions of this chapter.
12 6. Ensuring that the educational outcomes for the
13 technical component of workforce development programs and
14 secondary vocational job-preparatory programs are uniform and
15 designed to provide a graduate of high quality who is capable
16 of entering the workforce on an equally competitive basis
17 regardless of the institution of choice.
18 7. No school board or public school shall require a
19 student to participate in any school-to-work or job training
20 program. A school board or school shall not require a student
21 to meet occupational standards for grade level promotion or
22 graduation unless the student is voluntarily enrolled in a job
23 training program.
24 Section 68. Paragraph (a) of subsection (3) and
25 paragraph (e) of subsection (4) of section 239.301, Florida
26 Statutes, are amended to read:
27 239.301 Adult general education.--
28 (3)(a) Each school board or community college board of
29 trustees shall negotiate with the regional workforce board
30 local personnel of the Department of Children and Family
31 Services for basic and functional literacy skills assessments
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 for participants in the welfare transition employment and
2 training programs under the WAGES Program. Such assessments
3 shall be conducted at a site mutually acceptable to the school
4 board or community college board of trustees and the regional
5 workforce board Department of Children and Family Services.
6 (4)
7 (e) A district school board or a community college
8 board of trustees may negotiate a contract with the regional
9 workforce board local WAGES coalition for specialized services
10 for participants in the welfare transition program WAGES
11 clients, beyond what is routinely provided for the general
12 public, to be funded by the regional workforce board WAGES
13 coalition pursuant to s. 414.065.
14 Section 69. Subsection (3) of section 239.514, Florida
15 Statutes, is amended to read:
16 239.514 Workforce Development Capitalization Incentive
17 Grant Program.--The Legislature recognizes that the need for
18 school districts and community colleges to be able to respond
19 to emerging local or statewide economic development needs is
20 critical to the workforce development system. The Workforce
21 Development Capitalization Incentive Grant Program is created
22 to provide grants to school districts and community colleges
23 on a competitive basis to fund some or all of the costs
24 associated with the creation or expansion of workforce
25 development programs that serve specific employment workforce
26 needs.
27 (3) The commission shall give highest priority to
28 programs that train people to enter high-skill, high-wage
29 occupations identified by the Workforce Estimating
30 occupational forecasting Conference and other programs
31 approved by Workforce Florida, Inc. the Jobs and Education
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Partnership; programs that train people to enter occupations
2 under the welfare transition program on the WAGES list; or
3 programs that train for the workforce adults who are eligible
4 for public assistance, economically disadvantaged, disabled,
5 not proficient in English, or dislocated workers. The
6 commission shall consider the statewide geographic dispersion
7 of grant funds in ranking the applications and shall give
8 priority to applications from education agencies that are
9 making maximum use of their workforce development funding by
10 offering high-performing, high-demand programs.
11 Section 70. Paragraph (b) of subsection (5) of section
12 240.209, Florida Statutes, is amended to read:
13 240.209 Board of Regents; powers and duties.--
14 (5) The Board of Regents is responsible for:
15 (b) Coordinating with the Postsecondary Education
16 Planning Commission the programs, including doctoral programs,
17 to be reviewed every 5 years or whenever the board determines
18 that the effectiveness or efficiency of a program is
19 jeopardized. The board shall define the indicators of quality
20 and the criteria for program review for every program. Such
21 indicators shall include need, student demand, industry-driven
22 competencies for advanced technology and related programs, and
23 resources available to support continuation. The results of
24 the program reviews shall be tied to the university budget
25 requests.
26 Section 71. Section 240.312, Florida Statutes, is
27 amended to read:
28 240.312 Community colleges; program review.--Program
29 reviews for the community college system shall be coordinated
30 with the Postsecondary Education Planning Commission every
31 year. Every major program shall be reviewed every 5 years or
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 whenever the effectiveness or efficiency of a program is
2 jeopardized, except that certificate career education programs
3 and programs leading to an associate in science degree shall
4 be reviewed every 3 years. Indicators of quality and criteria
5 for the program reviews shall be defined. The results of
6 these program reviews shall be tied to the budget request for
7 the community college system.
8 Section 72. Subsection (3) of section 240.35, Florida
9 Statutes, is amended to read:
10 240.35 Student fees.--Unless otherwise provided, the
11 provisions of this section apply only to fees charged for
12 college credit instruction leading to an associate in arts
13 degree, an associate in applied science degree, or an
14 associate in science degree and noncollege credit
15 college-preparatory courses defined in s. 239.105.
16 (3) Students enrolled in dual enrollment and early
17 admission programs under s. 240.116 and students enrolled in
18 employment and training programs under the welfare transition
19 WAGES program are exempt from the payment of registration,
20 matriculation, and laboratory fees; however, such students may
21 not be included within calculations of fee-waived enrollments.
22 The regional workforce board local WAGES coalition shall pay
23 the community college for costs incurred by that WAGES
24 participant related to that person's classes or program. Other
25 fee-exempt instruction provided under this subsection
26 generates an additional one-fourth full-time equivalent
27 enrollment.
28 Section 73. Paragraph (a) of subsection (1) of section
29 240.40207, Florida Statutes, is amended to read:
30 240.40207 Florida Gold Seal Vocational Scholars
31 award.--The Florida Gold Seal Vocational Scholars award is
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 created within the Florida Bright Futures Scholarship Program
2 to recognize and reward academic achievement and vocational
3 preparation by high school students who wish to continue their
4 education.
5 (1) A student is eligible for a Florida Gold Seal
6 Vocational Scholars award if the student meets the general
7 eligibility requirements for the Florida Bright Futures
8 Scholarship Program and the student:
9 (a) Completes the secondary school portion of a
10 sequential program of studies that requires at least three
11 secondary school vocational credits taken over at least 2
12 academic years, and is continued in a planned, related
13 postsecondary education program. If the student's school does
14 not offer such a two-plus-two or tech-prep program, the
15 student must complete a job-preparatory career education
16 program selected by the Workforce Estimating Occupational
17 Forecasting Conference or the Workforce Florida, Inc.,
18 Development Board of Enterprise Florida for its ability to
19 provide high-wage employment in an occupation with high
20 potential for employment opportunities. On-the-job training
21 may not be substituted for any of the three required
22 vocational credits.
23 Section 74. Section 240.40685, Florida Statutes, is
24 amended to read:
25 240.40685 Certified Education Paraprofessional Welfare
26 Transition Program.--
27 (1) There is created the Certified Education
28 Paraprofessional Welfare Transition Program to provide
29 education and employment for recipients of public assistance
30 who are certified to work in schools that, because of the high
31 proportion of economically disadvantaged children enrolled,
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 are at risk of poor performance on traditional measures of
2 achievement. The program is designed to enable such schools
3 to increase the number of adults working with the school
4 children. However, the increase in personnel working at
5 certain schools is intended to supplement and not to supplant
6 the school staff and should not affect current school board
7 employment and staffing policies, including those contained in
8 collective bargaining agreements. The program is intended to
9 be supported by local, state, and federal program funds for
10 which the participants may be eligible. Further, the program
11 is designed to provide its participants not only with
12 entry-level employment but also with a marketable credential,
13 a career option, and encouragement to advance.
14 (2) The Commissioner of Education, the Executive
15 Director of the State Board of Community Colleges, the
16 secretary of the Department of Children and Family Services,
17 and the director of the Agency for Workforce Innovation
18 Secretary of Labor and Employment Security have joint
19 responsibility for planning and conducting the program.
20 (3) The agencies responsible may make recommendations
21 to the State Board of Education and the Legislature if they
22 find that implementation or operation of the program would
23 benefit from the adoption or waiver of state or federal
24 policy, rule, or law, including recommendations regarding
25 program budgeting.
26 (4) The agencies shall complete an implementation plan
27 that addresses at least the following recommended components
28 of the program:
29 (a) A method of selecting participants. The method
30 must not duplicate services provided by those assigned to
31 screen participants of the welfare transition WAGES program,
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 but must assure that screening personnel are trained to
2 identify recipients of public assistance whose personal
3 aptitudes and motivation make them most likely to succeed in
4 the program and advance in a career related to the school
5 community.
6 (b) A budget for use of incentive funding to provide
7 motivation to participants to succeed and excel. The budget
8 for incentive funding includes:
9 1. Funds allocated by the Legislature directly for the
10 program.
11 2. Funds that may be made available from the federal
12 Workforce Investment Job Training Partnership Act based on
13 client eligibility or requested waivers to make the clients
14 eligible.
15 3. Funds made available by implementation strategies
16 that would make maximum use of work supplementation funds
17 authorized by federal law.
18 4. Funds authorized by strategies to lengthen
19 participants' eligibility for federal programs such as
20 Medicaid, subsidized child care, and transportation.
21
22 Incentives may include a stipend during periods of college
23 classroom training, a bonus and recognition for a high
24 grade-point average, child care and prekindergarten services
25 for children of participants, and services to increase a
26 participant's ability to advance to higher levels of
27 employment. Nonfinancial incentives should include providing a
28 mentor or tutor, and service incentives should continue and
29 increase for any participant who plans to complete the
30 baccalaureate degree and become a certified teacher. Services
31 may be provided in accordance with family choice by community
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 colleges and school district technical centers, through family
2 service centers and full-service schools, or under contract
3 with providers through central agencies.
4 (5) The agencies shall select Department of Children
5 and Family Services districts to participate in the program. A
6 district that wishes to participate must demonstrate that a
7 district school board, a community college board of trustees,
8 an economic services program administrator, and a regional
9 workforce board private industry council are willing to
10 coordinate to provide the educational program, support
11 services, employment opportunities, and incentives required to
12 fulfill the intent of this section.
13 (6)(a) A community college or school district
14 technical center is eligible to participate if it provides a
15 technical certificate program in Child Development Early
16 Intervention as approved by Workforce Florida, Inc., the Jobs
17 and Education Partnership and it is participating in the
18 Performance Based Incentive Funding program authorized in s.
19 239.249. Priority programs provide an option and incentives
20 to articulate with an associate in science degree program or a
21 baccalaureate degree program.
22 (b) A participating educational agency may earn funds
23 appropriated for performance-based incentive funding for
24 successful outcomes of enrollment and placement of recipients
25 of public assistance who are in the program. In addition, an
26 educational agency is eligible for an incentive award
27 determined by Workforce Florida, Inc., the Jobs and Education
28 Partnership for each recipient of public assistance who
29 successfully completes a program leading to the award of a
30 General Education Development credential.
31 (c) Historically black colleges or universities that
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 have established programs that serve participants in the
2 welfare transition of the WAGES program are eligible to
3 participate in the Performance Based Incentive Funding Program
4 and may earn an incentive award determined by Workforce
5 Florida, Inc., the Jobs and Education Partnership for
6 successful placement of program completers in jobs as
7 education paraprofessionals in at-risk schools.
8 (7)(a) A participating school district shall identify
9 at-risk schools in which the program participants will work
10 during the practicum part of their education. For purposes of
11 this act, an at-risk school is a school with grades K-3 in
12 which 50 percent or more of the students enrolled at the
13 school are eligible for free lunches or reduced-price lunches.
14 Priority schools are schools whose service zones include the
15 participants' own communities.
16 (b) A participating school district may use funds
17 appropriated by the Legislature from Job Training Partnership
18 Act service delivery area allotments to provide at least 6
19 months of on-the-job training to participants in the Certified
20 Education Paraprofessional Welfare Transition Program.
21 Participating school districts may also use funds provided by
22 grant diversion of funds from the welfare transition WAGES
23 program for the participants during the practicum portion of
24 their training to earn the certificate required for their
25 employment.
26 (8) The agencies shall give priority for funding to
27 those programs that provide maximum security for the
28 long-range employment and career opportunities of the program
29 participants. Security is enhanced if employment is provided
30 through a governmental or nongovernmental agency other than
31 the school board, or if the plans assure in another way that
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 the participants will supplement, rather than supplant, the
2 workforce available to the school board. It is the intent of
3 the Legislature that, when a program participant succeeds in
4 becoming a certified education paraprofessional after working
5 successfully in a school during the practicum or on-the-job
6 training supported by the program, the participant shall have
7 the opportunity to continue in full-time employment at the
8 school that provided the training or at another school in the
9 district.
10 Section 75. Subsection (2) of section 240.61, Florida
11 Statutes, is amended to read:
12 240.61 College reach-out program.--
13 (2) In developing the definition for "low-income
14 educationally disadvantaged student," the State Board of
15 Education shall include such factors as: the family's taxable
16 income; family receipt of temporary cash assistance under the
17 WAGES Program in the preceding year; family receipt of public
18 assistance in the preceding year; the student's cumulative
19 grade point average; the student's promotion and attendance
20 patterns; the student's performance on state standardized
21 tests; the student's enrollment in mathematics and science
22 courses; and the student's participation in a dropout
23 prevention program.
24 Section 76. Section 246.50, Florida Statutes, is
25 amended to read:
26 246.50 Certified Teacher-Aide Welfare Transition
27 Program; participation by independent postsecondary
28 schools.--An independent postsecondary school may participate
29 in the Certified Teacher-Aide Welfare Transition Program and
30 may receive incentives for successful performance from the
31 Performance Based Incentive Funding Program if:
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (1) The school is accredited by the Southern
2 Association of Colleges and Schools and licensed by the State
3 Board of Nonpublic Career Education;
4 (2) The school serves recipients of temporary cash
5 assistance under the WAGES Program in a certified teacher-aide
6 program;
7 (3) A participating school district recommends the
8 school to Workforce Florida, Inc. the Jobs and Education
9 Partnership; and
10 (4) Workforce Florida, Inc., The Jobs and Education
11 Partnership approves.
12 Section 77. Section 288.046, Florida Statutes, is
13 amended to read:
14 288.046 Quick-response training; legislative
15 intent.--The Legislature recognizes the importance of
16 providing a skilled workforce for attracting new industries
17 and retaining and expanding existing businesses and industries
18 in this state. It is the intent of the Legislature that a
19 program exist to meet the short-term, immediate,
20 workforce-skill needs of such businesses and industries. It
21 is further the intent of the Legislature that funds provided
22 for the purposes of s. 288.047 be expended on businesses and
23 industries that support the state's economic development
24 goals, particularly high value-added businesses in Florida's
25 Targeted Industrial Clusters or businesses that locate in and
26 provide jobs in the state's distressed urban and rural areas,
27 and that instruction funded pursuant to s. 288.047 lead to
28 permanent, quality employment opportunities.
29 Section 78. Section 288.047, Florida Statutes, is
30 amended to read:
31 288.047 Quick-response training for economic
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 development.--
2 (1) The Quick-Response Training Program is created to
3 meet the workforce-skill needs of existing, new, and expanding
4 industries. The program shall be administered by Workforce
5 Enterprise Florida, Inc., in conjunction with Enterprise
6 Florida, Inc., and the Department of Education. Workforce
7 Enterprise Florida, Inc., shall adopt guidelines for the
8 administration of this program. Workforce Enterprise Florida,
9 Inc., shall provide technical services and shall identify
10 businesses that seek services through the program. Workforce
11 Florida, Inc. may contract with Enterprise Florida, Inc., or
12 administer this program directly, if it is determined that
13 such an arrangement maximizes the amount of the Quick Response
14 grant going to direct services. The Department of Education
15 shall provide services related to the development and
16 implementation of instructional programs.
17 (2)(a) A Quick-Response Advisory Committee, composed
18 of the director of the Division of Workforce Development of
19 the Department of Education; the director of the Division of
20 Community Colleges of the Department of Education; and the
21 director of the Division of Jobs and Benefits of the
22 Department of Labor and Employment Security, or their
23 respective designees, and four private sector members, shall
24 review training funded through this program and shall provide
25 policy advice to Enterprise Florida, Inc., in the
26 implementation of this program. The committee shall elect a
27 chair from among its members. Members of the committee may
28 receive reimbursement for per diem and travel expenses as
29 provided in s. 112.061.
30 (b) The four private sector members appointed to the
31 Quick-Response Advisory Committee must be selected from a
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 slate of nominees submitted by the board of directors of
2 Enterprise Florida, Inc. The president of Enterprise Florida,
3 Inc., shall appoint private sector members from this slate for
4 terms of 4 years, except that in making the initial
5 appointments, the president shall appoint members for
6 staggered terms, one for 1 year, 2 years, 3 years, and 4
7 years, respectively. To the maximum extent possible, the
8 president shall select private sector members who are
9 representative of diverse industries and regions of the state.
10 The importance of minority representation must be considered
11 when making appointments for each private sector position.
12 Private sector members may be removed for cause. Absence from
13 three consecutive meetings results in the automatic removal of
14 a private sector member.
15 (c) The Quick-Response Advisory Committee shall meet
16 at the call of its chair, at the request of a majority of the
17 membership, at the request of Enterprise Florida, Inc., or at
18 times prescribed by its rules. The committee shall serve to
19 advise Enterprise Florida, Inc., regarding the administration
20 of the Quick-Response Training Program.
21 (2)(3) Workforce Enterprise Florida, Inc., shall
22 ensure that instruction funded pursuant to this section is not
23 available through the local community college or, school
24 district, or private industry council and that the instruction
25 promotes economic development by providing specialized
26 training entry-level skills to new workers or retraining for
27 supplemental skills to current employees to meet changing
28 skill requirements caused by new technology or new product
29 lines and to prevent potential layoffs whose job descriptions
30 are changing. Such funds may not be expended to subsidize the
31 ongoing staff development program of any business or industry
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 or to provide training for instruction related to retail
2 businesses or to reimburse businesses for trainee wages. Funds
3 made available pursuant to this section may not be expended in
4 connection with the relocation of a business from one
5 community to another community in this state unless Workforce
6 Enterprise Florida, Inc., determines that without such
7 relocation the business will move outside this state or
8 determines that the business has a compelling economic
9 rationale for the relocation which creates additional jobs.
10 (3)(4) Requests for funding through the Quick-Response
11 Training Program may be produced through inquiries from a
12 specific business or industry, inquiries from a school
13 district director of career education or community college
14 occupational dean on behalf of a business or industry, or
15 through official state or local economic development efforts.
16 In allocating funds for the purposes of the program, Workforce
17 Enterprise Florida, Inc., shall establish criteria for
18 approval of requests for funding and shall select the entity
19 that provides the most efficient, cost-effective instruction
20 meeting such criteria. Program funds may be allocated to any
21 area technical center, community college, or state university.
22 Program funds may be allocated to private postsecondary
23 institutions only upon a review that includes, but is not
24 limited to, accreditation and licensure documentation and
25 prior approval by Workforce Florida, Inc. a majority of the
26 advisory committee. Instruction funded through the program
27 must terminate when participants demonstrate competence at the
28 level specified in the request; however, the grant term
29 instruction may not exceed 24 18 months. Costs and
30 expenditures for the Quick-Response Training Program must be
31 documented and separated from those incurred by the training
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 provider.
2 (4)(5) For the first 6 months of each fiscal year,
3 Workforce Enterprise Florida, Inc., shall set aside 30 percent
4 of the amount appropriated for the Quick-Response Training
5 Program by the Legislature to fund instructional programs for
6 businesses located in an enterprise zone or brownfield area to
7 instruct residents of an enterprise zone. Any unencumbered
8 funds remaining undisbursed from this set-aside at the end of
9 the 6-month period may be used to provide funding for any
10 program qualifying for funding pursuant to this section.
11 (5)(6) Prior to the allocation of funds for any
12 request pursuant to this section, Workforce Enterprise
13 Florida, Inc., shall prepare a grant agreement between the
14 business or industry requesting funds, the educational
15 institution receiving funding through the program, and
16 Workforce Enterprise Florida, Inc. Such agreement must
17 include, but is not limited to:
18 (a) An identification of the facility in which the
19 instruction will be conducted and the respective
20 responsibilities of the parties for paying costs associated
21 with facility use.
22 (b) An identification of the equipment necessary to
23 conduct the program, the respective responsibilities of the
24 parties for paying costs associated with equipment purchase,
25 maintenance, and repair, as well as an identification of which
26 party owns the equipment upon completion of the instruction.
27 (a)(c) An identification of the personnel necessary to
28 conduct the instructional program, the qualifications of such
29 personnel, and the respective responsibilities of the parties
30 for paying costs associated with the employment of such
31 personnel.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (b)(d) An identification of the estimated length of
2 the instructional program. Such program may not exceed 12
3 months of full-time instruction or 18 months of total
4 instruction.
5 (c) An identification of all direct, training-related
6 costs, including tuition and fees, curriculum development,
7 books and classroom materials, and overhead or indirect costs,
8 not to exceed 5 percent of the grant amount.
9 (d)(e) An identification of special program
10 requirements that are not addressed otherwise in the
11 agreement.
12 (e)(f) Permission to access information specific to
13 the wages and performance of participants upon the completion
14 of instruction for evaluation purposes. Information which, if
15 released, would disclose the identity of the person to whom
16 the information pertains or disclose the identity of the
17 person's employer is confidential and exempt from the
18 provisions of s. 119.07(1). The agreement must specify that
19 any evaluations published subsequent to the instruction may
20 not identify the employer or any individual participant.
21 (6)(7) For the purposes of this section, Workforce
22 Enterprise Florida, Inc., may accept grants of money,
23 materials, services, or property of any kind from any agency,
24 corporation, or individual.
25 (8) Enterprise Florida, Inc., may procure equipment as
26 necessary to meet the purposes of this section. Title to and
27 control of such equipment is vested in the Department of
28 Education. Upon the conclusion of instruction, the Department
29 of Education may transfer title to the district school board,
30 community college district board of trustees, or Board of
31 Regents on behalf of a specific state university, where the
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 equipment is physically located. The department may also
2 lease such equipment to the district school board, community
3 college district board of trustees, or Board of Regents for a
4 maximum of 1 year. Such lease may provide for automatic
5 renewal. Either party to a lease has the right to cancel the
6 lease upon a 60-day notice in writing. Any equipment for which
7 no title transfer or lease exists must be returned to a
8 warehouse reserve and be available for use by an instructional
9 program in any area of the state.
10 (7)(9) In providing instruction pursuant to this
11 section, materials that relate to methods of manufacture or
12 production, potential trade secrets, business transactions, or
13 proprietary information received, produced, ascertained, or
14 discovered by employees of the respective departments,
15 district school boards, community college district boards of
16 trustees, or other personnel employed for the purposes of this
17 section is confidential and exempt from the provisions of s.
18 119.07(1). The state may seek copyright protection for all
19 instructional materials and ancillary written documents
20 developed wholly or partially with state funds as a result of
21 instruction provided pursuant to this section, except for
22 materials that are confidential and exempt from the provisions
23 of s. 119.07(1).
24 (8)(10) There is created a Quick-Response Training
25 Program for Work and Gain Economic Self-sufficiency (WAGES)
26 participants in the welfare transition program. Workforce
27 Enterprise Florida, Inc., may, at the discretion of the State
28 WAGES Emergency Response Team, award quick-response training
29 grants and develop applicable guidelines for the training of
30 participants in the welfare transition WAGES program. In
31 addition to a local economic development organization, grants
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 must be endorsed by the applicable local WAGES coalition and
2 regional workforce development board.
3 (a) Training funded pursuant to this subsection may
4 not exceed 12 months, and may be provided by the local
5 community college, school district, regional workforce
6 development board, or the business employing the participant,
7 including on-the-job training. Training will provide
8 entry-level skills to new workers, including those employed in
9 retail, who are participants in the welfare transition WAGES
10 program.
11 (b) WAGES Participants trained pursuant to this
12 subsection must be employed at a wage not less than $6 $6.00
13 per hour.
14 (c) Funds made available pursuant to this subsection
15 may be expended in connection with the relocation of a
16 business from one community to another community if approved
17 by Workforce Florida, Inc. the State WAGES Emergency Response
18 Team.
19 (9) Notwithstanding any other provision of law,
20 eligible matching contributions received under the
21 Quick-Response Training Program under this section may be
22 counted toward the private-sector support of Enterprise
23 Florida, Inc., under s. 288.90151(5)(d).
24 (10) Workforce Florida, Inc., and Enterprise Florida,
25 Inc., shall ensure maximum coordination and cooperation in
26 administering this section, in such a manner that any division
27 of responsibility between the two organizations which relates
28 to marketing or administering the Quick-Response Training
29 Program is not apparent to a business that inquires about or
30 applies for funding under this section. The organizations
31 shall provide such a business with a single point of contact
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 for information and assistance.
2 Section 79. Subsection (7) of section 288.0656,
3 Florida Statutes, is amended to read:
4 288.0656 Rural Economic Development Initiative.--
5 (7) REDI may recommend to the Governor up to three
6 rural areas of critical economic concern. A rural area of
7 critical economic concern must be a rural community, or a
8 region composed of such, that has been adversely affected by
9 an extraordinary economic event or a natural disaster or that
10 presents a unique economic development opportunity of regional
11 impact that will create more than 1,000 jobs over a 5-year
12 period. The Governor may by executive order designate up to
13 three rural areas of critical economic concern which will
14 establish these areas as priority assignments for REDI as well
15 as to allow the Governor, acting through REDI, to waive
16 criteria, requirements, or similar provisions of any economic
17 development incentive. Such incentives shall include, but not
18 be limited to: the Qualified Target Industry Tax Refund
19 Program under s. 288.106, the Quick Response Training Program
20 under s. 288.047, the WAGES Quick Response Training Program
21 for participants in the welfare transition program under s.
22 288.047(8) s. 288.047(10), transportation projects under s.
23 288.063, the brownfield redevelopment bonus refund under s.
24 288.107, and the rural job tax credit program under ss.
25 212.098 and 220.1895. Designation as a rural area of critical
26 economic concern under this subsection shall be contingent
27 upon the execution of a memorandum of agreement among the
28 Office of Tourism, Trade, and Economic Development; the
29 governing body of the county; and the governing bodies of any
30 municipalities to be included within a rural area of critical
31 economic concern. Such agreement shall specify the terms and
211
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 conditions of the designation, including, but not limited to,
2 the duties and responsibilities of the county and any
3 participating municipalities to take actions designed to
4 facilitate the retention and expansion of existing businesses
5 in the area, as well as the recruitment of new businesses to
6 the area.
7 Section 80. Paragraph (f) of subsection (3) of section
8 288.901, Florida Statutes, is amended to read:
9 288.901 Enterprise Florida, Inc.; creation;
10 membership; organization; meetings; disclosure.--
11 (3) Enterprise Florida, Inc., shall be governed by a
12 board of directors. The board of directors shall consist of
13 the following members:
14 (f) The chairperson of the board of directors of the
15 Workforce Florida, Inc. Development Board.
16 Section 81. Paragraph (i) of subsection (1) of section
17 288.904, Florida Statutes, is amended to read:
18 288.904 Powers of the board of directors of Enterprise
19 Florida, Inc.--
20 (1) The board of directors of Enterprise Florida,
21 Inc., shall have the power to:
22 (i) Use the state seal, notwithstanding the provisions
23 of s. 15.03, when appropriate, to establish that Enterprise
24 Florida, Inc., is the principal economic, workforce, and trade
25 development organization for the state, and for other standard
26 corporate identity applications. Use of the state seal is not
27 to replace use of a corporate seal as provided in this
28 section.
29 Section 82. Subsections (1) and (3) of section
30 288.905, Florida Statutes, are amended to read:
31 288.905 Duties of the board of directors of 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.--
2 (1) In the performance of its functions and duties,
3 the board of directors may establish, implement, and manage
4 policies, strategies, and programs for Enterprise Florida,
5 Inc., and its boards. These policies, strategies, and programs
6 shall promote business formation, expansion, recruitment, and
7 retention through aggressive marketing and; international
8 development and export assistance; and workforce development,
9 which together lead to more and better jobs with higher wages
10 for all geographic regions and communities of the state,
11 including rural areas and urban core areas, and for all
12 residents, including minorities. In developing such policies,
13 strategies, and programs, the board of directors shall solicit
14 advice from and consider the recommendations of its boards,
15 any advisory committees or similar groups created by
16 Enterprise Florida, Inc., and local and regional partners.
17 (3)(a) The strategic plan required under this section
18 shall include, but is not limited to, strategies for the
19 promotion of business formation, expansion, recruitment, and
20 retention through aggressive marketing, international
21 development, and export assistance, and workforce development
22 programs which lead to more and better jobs and higher wages
23 for all geographic regions and disadvantaged communities and
24 populations of the state, including rural areas, minority
25 businesses, and urban core areas. Further, the strategic plan
26 shall give consideration to the economic diversity of the
27 state and its regions and their associated industrial clusters
28 and develop realistic policies and programs to further their
29 development.
30 (b)1. The strategic plan required under this section
31 shall include specific provisions for the stimulation of
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 economic development and job creation in rural areas and
2 midsize cities and counties of the state.
3 2. Enterprise Florida, Inc., shall involve local
4 governments, local and regional economic development
5 organizations, and other local, state, and federal economic,
6 international, and workforce development entities, both public
7 and private, in developing and carrying out policies,
8 strategies, and programs, seeking to partner and collaborate
9 to produce enhanced public benefit at a lesser cost.
10 3. Enterprise Florida, Inc., shall involve rural,
11 urban, small-business, and minority-business development
12 agencies and organizations, both public and private, in
13 developing and carrying out policies, strategies, and
14 programs.
15 (c) The strategic plan required under this section
16 shall include the creation of workforce training programs that
17 lead to better employment opportunities and higher wages.
18 (c)(d) The strategic plan required under this section
19 shall include the promotion of the successful long-term
20 economic development of the state with increased emphasis in
21 market research and information to local economic development
22 entities and generation of foreign investment in the state
23 that creates jobs with above-average wages,
24 internationalization of this state, with strong emphasis in
25 reverse investment that creates high wage jobs for the state
26 and its many regions, including programs that establish viable
27 overseas markets, generate foreign investment, assist in
28 meeting the financing requirements of export-ready firms,
29 broaden opportunities for international joint venture
30 relationships, use the resources of academic and other
31 institutions, coordinate trade assistance and facilitation
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 services, and facilitate availability of and access to
2 education and training programs which will assure requisite
3 skills and competencies necessary to compete successfully in
4 the global marketplace.
5 (d)(e) The strategic plan required under this section
6 shall include the identification of business sectors that are
7 of current or future importance to the state's economy and to
8 the state's worldwide business image, and development of
9 specific strategies to promote the development of such
10 sectors.
11 Section 83. Paragraph (f) of subsection (1) of section
12 288.906, Florida Statutes, is amended to read:
13 288.906 Annual report of Enterprise Florida, Inc.;
14 audits; confidentiality.--
15 (1) Prior to December 1 of each year, Enterprise
16 Florida, Inc., shall submit to the Governor, the President of
17 the Senate, the Speaker of the House of Representatives, the
18 Senate Minority Leader, and the House Minority Leader a
19 complete and detailed report including, but not limited to:
20 (f) An assessment of employee training and job
21 creation that directly benefits participants in the welfare
22 transition WAGES program.
23
24 The detailed report required by this subsection shall also
25 include the information identified in paragraphs (a)-(g), if
26 applicable, for any board established within the corporate
27 structure of Enterprise Florida, Inc.
28 Section 84. Subsection (4) of section 320.20, Florida
29 Statutes, is amended to read:
30 320.20 Disposition of license tax moneys.--The revenue
31 derived from the registration of motor vehicles, including any
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 delinquent fees and excluding those revenues collected and
2 distributed under the provisions of s. 320.081, must be
3 distributed monthly, as collected, as follows:
4 (4) Notwithstanding any other provision of law except
5 subsections (1), (2), and (3), on July 1, 1999, and annually
6 thereafter, $10 million shall be deposited in the State
7 Transportation Trust Fund solely for the purposes of funding
8 the Florida Seaport Transportation and Economic Development
9 Program as provided in chapter 311 and for funding seaport
10 intermodal access projects of statewide significance as
11 provided in s. 341.053. Such revenues shall be distributed to
12 any port listed in s. 311.09(1), to be used for funding
13 projects as follows:
14 (a) For any seaport intermodal access projects that
15 are identified in the 1997-1998 Tentative Work Program of the
16 Department of Transportation, up to the amounts needed to
17 offset the funding requirements of this section; and
18 (b) For seaport intermodal access projects as
19 described in s. 341.053(5) that are identified in the 5-year
20 Florida Seaport Mission Plan as provided in s. 311.09(3).
21 Funding for such projects shall be on a matching basis as
22 mutually determined by the Florida Seaport Transportation and
23 Economic Development Council and the Department of
24 Transportation, provided a minimum of 25 percent of total
25 project funds shall come from any port funds, local funds,
26 private funds, or specifically earmarked federal funds; or
27 (c) On a 50-50 matching basis for projects as
28 described in s. 311.07(3)(b); or.
29 (d) For seaport intermodal access projects that
30 involve the dredging or deepening of channels, turning basins,
31 or harbors; or the rehabilitation of wharves, docks, or
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 similar structures. Funding for such projects shall require a
2 25 percent match of the funds received pursuant to this
3 subsection. Matching funds shall come from any port funds,
4 federal funds, local funds, or private funds.
5
6 Such revenues may be assigned, pledged, or set aside as a
7 trust for the payment of principal or interest on bonds, tax
8 anticipation certificates, or any other form of indebtedness
9 issued by an individual port or appropriate local government
10 having jurisdiction thereof, or collectively by interlocal
11 agreement among any of the ports, or used to purchase credit
12 support to permit such borrowings. However, such debt shall
13 not constitute a general obligation of the state. This state
14 does hereby covenant with holders of such revenue bonds or
15 other instruments of indebtedness issued hereunder that it
16 will not repeal or impair or amend this subsection in any
17 manner which will materially and adversely affect the rights
18 of holders so long as bonds authorized by this subsection are
19 outstanding. Any revenues that are not pledged to the
20 repayment of bonds as authorized by this section may be
21 utilized for purposes authorized under the Florida Seaport
22 Transportation and Economic Development Program. This revenue
23 source is in addition to any amounts provided for and
24 appropriated in accordance with s. 311.07 and subsection (3).
25 The Florida Seaport Transportation and Economic Development
26 Council shall approve distribution of funds to ports for
27 projects that have been approved pursuant to s. 311.09(5)-(9),
28 or for seaport intermodal access projects identified in the
29 5-year Florida Seaport Mission Plan as provided in s.
30 311.09(3) and mutually agreed upon by the FSTED Council and
31 the Department of Transportation. All contracts for actual
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 construction of projects authorized by this subsection must
2 include a provision encouraging employment of WAGES
3 participants in the welfare transition program. The goal for
4 employment of WAGES participants in the welfare transition
5 program is 25 percent of all new employees employed
6 specifically for the project, unless the Department of
7 Transportation and the Florida Seaport Transportation and
8 Economic Development Council demonstrates can demonstrate to
9 the satisfaction of the Secretary of Labor and Employment
10 Security that such a requirement would severely hamper the
11 successful completion of the project. In such an instance,
12 Workforce Florida, Inc., the Secretary of Labor and Employment
13 Security shall establish an appropriate percentage of
14 employees that must be WAGES participants in the welfare
15 transition program. The council and the Department of
16 Transportation are authorized to perform such acts as are
17 required to facilitate and implement the provisions of this
18 subsection. To better enable the ports to cooperate to their
19 mutual advantage, the governing body of each port may exercise
20 powers provided to municipalities or counties in s.
21 163.01(7)(d) subject to the provisions of chapter 311 and
22 special acts, if any, pertaining to a port. The use of funds
23 provided pursuant to this subsection is limited to eligible
24 projects listed in this subsection. The provisions of s.
25 311.07(4) do not apply to any funds received pursuant to this
26 subsection.
27 Section 85. Paragraph (c) of subsection (9) of section
28 322.34, Florida Statutes, is amended to read:
29 322.34 Driving while license suspended, revoked,
30 canceled, or disqualified.--
31 (9)
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055,
2 when the seizing agency obtains a final judgment granting
3 forfeiture of the motor vehicle under this section, 30 percent
4 of the net proceeds from the sale of the motor vehicle shall
5 be retained by the seizing law enforcement agency and 70
6 percent shall be deposited in the General Revenue Fund for use
7 by regional workforce boards local WAGES coalitions in
8 providing transportation services for participants of the
9 welfare transition WAGES program. In a forfeiture proceeding
10 under this section, the court may consider the extent that the
11 family of the owner has other public or private means of
12 transportation.
13 Section 86. Subsection (1) of section 341.052, Florida
14 Statutes, is amended to read:
15 341.052 Public transit block grant program;
16 administration; eligible projects; limitation.--
17 (1) There is created a public transit block grant
18 program which shall be administered by the department. Block
19 grant funds shall only be provided to "Section 9" providers
20 and "Section 18" providers designated by the United States
21 Department of Transportation and community transportation
22 coordinators as defined in chapter 427. Eligible providers
23 must establish public transportation development plans
24 consistent, to the maximum extent feasible, with approved
25 local government comprehensive plans of the units of local
26 government in which the provider is located. In developing
27 public transportation development plans, eligible providers
28 must solicit comments from regional workforce boards local
29 WAGES coalitions established under chapter 445 414. The
30 development plans must address how the public transit provider
31 will work with the appropriate regional workforce board local
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 WAGES coalition to provide services to WAGES participants in
2 the welfare transition program. Eligible providers must review
3 program and financial plans established under s. 414.028 and
4 provide information to the regional workforce board local
5 WAGES coalition serving the county in which the provider is
6 located regarding the availability of transportation services
7 to assist WAGES program participants.
8 Section 87. Subsections (1) and (8) of section
9 402.3015, Florida Statutes, are amended, and subsection (10)
10 is added to said section, to read:
11 402.3015 Subsidized child care program; purpose; fees;
12 contracts.--
13 (1) The purpose of the subsidized child care program
14 is to provide quality child care to enhance the development,
15 including language, cognitive, motor, social, and self-help
16 skills of children who are at risk of abuse or neglect and
17 children of low-income families, and to promote financial
18 self-sufficiency and life skills for the families of these
19 children, unless prohibited by federal law. Priority for
20 participation in the subsidized child care program shall be
21 accorded to children under 13 years of age who are:
22 (a) Determined to be at risk of abuse, neglect, or
23 exploitation and who are currently clients of the department's
24 Children and Families Program Office;
25 (b) Children at risk of welfare dependency, including
26 children of participants in the welfare transition WAGES
27 program, children of migrant farmworkers, children of teen
28 parents, and children from other families at risk of welfare
29 dependency due to a family income of less than 100 percent of
30 the federal poverty level;
31 (c) Children of working families whose family income
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 is equal to or greater than 100 percent, but does not exceed
2 150 percent, of the federal poverty level; and
3 (d) Children of working families enrolled in the Child
4 Care Executive Partnership Program whose family income does
5 not exceed 200 percent of the federal poverty level; and.
6 (e) Children of working families who participate in
7 the diversion program to strengthen Florida's families under
8 s. 445.018.
9 (8) The community child care coordinating agencies
10 shall assist participants in the welfare transition WAGES
11 program and former participants of the program who are
12 eligible for subsidized child care in developing cooperative
13 child care arrangements whereby participants support and
14 assist one another in meeting child care needs at minimal cost
15 to the individual participant.
16 (10) A family that is eligible to participate in the
17 subsidized child care program shall be considered a needy
18 family for purposes of the program funded through the federal
19 Temporary Assistance for Needy Families (TANF) block grant, to
20 the extent permitted by the appropriation of funds.
21 Section 88. Paragraph (g) of subsection (1) of section
22 402.33, Florida Statutes, is amended to read:
23 402.33 Department authority to charge fees for
24 services provided.--
25 (1) As used in this section, the term:
26 (g) "State and federal aid" means cash assistance or
27 cash equivalent benefits based on an individual's proof of
28 financial need, including, but not limited to, temporary cash
29 assistance under the WAGES Program and food stamps.
30 Section 89. Paragraph (a) of subsection (3) of section
31 402.40, 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)
1 402.40 Child welfare training academies established;
2 Child Welfare Standards and Training Council created;
3 responsibilities of council; Child Welfare Training Trust Fund
4 created.--
5 (3) CHILD WELFARE STANDARDS AND TRAINING COUNCIL.--
6 (a) There is created within the Department of Children
7 and Family Services the Child Welfare Training Council,
8 hereinafter referred to as the council. The 21-member council
9 shall consist of the Commissioner of Education or his or her
10 designee; a member of the judiciary who has experience in the
11 area of dependency and has served at least 3 years in the
12 Juvenile Division of the circuit court, to be appointed by the
13 Chief Justice of the Supreme Court; and 19 members to be
14 appointed by the Secretary of Children and Family Services as
15 follows:
16 1. Nine members shall be dependency program staff:
17 a. An intake supervisor or counselor, a protective
18 services supervisor or counselor, a foster care supervisor or
19 counselor, and an adoption and related services supervisor or
20 counselor. Each such member shall have at least 5 years'
21 experience working with children and families, at least two
22 members shall each have a master's degree in social work, and
23 any member not having a master's degree in social work shall
24 have at least a bachelor's degree in social work, child
25 development, behavioral psychology, or any other discipline
26 directly related to providing care or counseling for families.
27 b. A representative from a licensed, residential
28 child-caring agency contracted with by the state; a
29 representative from a runaway shelter or similar program
30 primarily serving adolescents, which shelter or program must
31 be contracted with by the state; and a representative from a
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 licensed child-placing agency contracted with by the state.
2 At least two of these members shall each have a master's
3 degree in social work, and any member not having a master's
4 degree in social work shall have a degree as cited in
5 sub-subparagraph a. All three members shall have at least 5
6 years' experience working with children and families.
7 c. A family foster home parent and an emergency
8 shelter home parent, both of whom shall have been providing
9 such care for at least 5 years and shall have participated in
10 training for foster parents or shelter parents on an ongoing
11 basis.
12 2. One member shall be a supervisor or counselor from
13 the temporary cash assistance WAGES program.
14 3. Two members shall be educators from the state's
15 university and community college programs of social work,
16 child development, psychology, sociology, or other field of
17 study pertinent to the training of dependency program staff.
18 4. One member shall be a pediatrician with expertise
19 in the area of child abuse and neglect.
20 5. One member shall be a psychiatrist or licensed
21 clinical psychologist with extensive experience in counseling
22 children and families.
23 6. One member shall be an attorney with extensive
24 experience in the practice of family law.
25 7. One member shall be a guardian ad litem or a child
26 welfare attorney, either of whom shall have extensive
27 experience in the representation of children.
28 8. One member shall be a state attorney with
29 experience and expertise in the area of dependency and family
30 law.
31 9. One member shall be a representative from a local
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 law enforcement unit specializing in child abuse and neglect.
2 10. One member shall be a lay citizen who is a member
3 of a child advocacy organization.
4
5 The initial members of the council shall be appointed within
6 30 days of the effective date of this section. Of the initial
7 appointments, the member appointed by the Chief Justice of the
8 Supreme Court, three members appointed pursuant to
9 subparagraph 1., one member appointed pursuant to subparagraph
10 3., and the members specified in subparagraphs 4. and 5. shall
11 be appointed to terms of 3 years each; three members appointed
12 pursuant to subparagraph 1., one of the members appointed
13 pursuant to subparagraph 3., and the members specified in
14 subparagraphs 2., 6., and 7. shall be appointed for terms of 2
15 years each; and three members appointed pursuant to
16 subparagraph 1., and the members specified in subparagraphs
17 8., 9., and 10. shall be appointed to terms of 1 year each.
18 Thereafter, all appointed members shall serve terms of 3 years
19 each. No person shall serve more than two consecutive terms.
20 Section 90. Subsection (4) of section 402.45, Florida
21 Statutes, is amended to read:
22 402.45 Community resource mother or father program.--
23 (4) A community resource mother or father shall be an
24 individual who by residence and resources is able to identify
25 with the target population, and meets the following minimum
26 criteria:
27 (a) Is at least 25 years of age.
28 (b) Is a mother or father.
29 (c) Is a recipient of temporary cash assistance under
30 the WAGES Program or a person with an income below the federal
31 poverty level, or has an income equivalent to community
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 clients.
2 Section 91. Subsection (3) of section 403.973, Florida
3 Statutes, is amended to read:
4 403.973 Expedited permitting; comprehensive plan
5 amendments.--
6 (3)(a) The Governor, through the office, shall direct
7 the creation of regional permit action teams, for the purpose
8 of expediting review of permit applications and local
9 comprehensive plan amendments submitted by:
10 1. Businesses creating at least 100 jobs, or
11 2. Businesses creating at least 50 jobs if the project
12 is located in an enterprise zone, or in a county having a
13 population of less than 75,000 or in a county having a
14 population of less than 100,000 which is contiguous to a
15 county having a population of less than 75,000, as determined
16 by the most recent decennial census, residing in incorporated
17 and unincorporated areas of the county, or
18 (b) On a case-by-case basis and at the request of a
19 county or municipal government, the office may certify as
20 eligible for expedited review a project not meeting the
21 minimum job creation thresholds but creating a minimum of 10
22 jobs. The recommendation from the governing body of the county
23 or municipality in which the project may be located is
24 required in order for the office to certify that any project
25 is eligible for expedited review under this paragraph. When
26 considering projects that do not meet the minimum job creation
27 thresholds but that are recommended by the governing body in
28 which the project may be located, the office shall consider
29 economic impact factors that include, but are not limited to:
30 1. The proposed wage and skill levels relative to
31 those existing in the area in which the project may be
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Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 located;
2 2. The project's potential to diversify and strengthen
3 the area's economy;
4 3. The amount of capital investment; and
5 4. The number of jobs that will be made available for
6 persons served by the welfare transition WAGES program.
7 (c) At the request of a county or municipal
8 government, the office or a Quick Permitting County may
9 certify projects located in counties where the ratio of new
10 jobs per participant in the welfare transition program WAGES
11 client, as determined by the Workforce Florida, Inc.
12 Development Board of Enterprise Florida, is less than one or
13 otherwise critical, as eligible for the expedited permitting
14 process. Such projects must meet the numerical job creation
15 criteria of this subsection, but the jobs created by the
16 project do not have to be high-wage jobs that diversify the
17 state's economy.
18 Section 92. Subsection (7) of section 409.2554,
19 Florida Statutes, is amended to read:
20 409.2554 Definitions.--As used in ss.
21 409.2551-409.2598, the term:
22 (7) "Public assistance" means food stamps, money
23 assistance paid on the basis of Title IV-E and Title XIX of
24 the Social Security Act, or temporary cash assistance paid
25 under the WAGES Program.
26 Section 93. Subsection (7) of section 409.2564,
27 Florida Statutes, is amended to read:
28 409.2564 Actions for support.--
29 (7) In a judicial circuit with a work experience and
30 job training pilot project, if the obligor is a noncustodial
31 parent of a child receiving public assistance as defined in
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Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 this chapter, is unemployed or underemployed or has no income,
2 then the court shall order the obligor to seek employment, if
3 the obligor is able to engage in employment, and to
4 immediately notify the court upon obtaining employment, upon
5 obtaining any income, or upon obtaining any ownership of any
6 asset with a value of $500 or more. If the obligor is still
7 unemployed 30 days after any order for support, the court
8 shall order the obligor to enroll in a work experience, job
9 placement, and job training program for noncustodial parents
10 as established in s. 414.38.
11 Section 94. Subsection (1) of section 409.259, Florida
12 Statutes, is amended to read:
13 409.259 Partial payment of filing fees.--
14 (1) Notwithstanding s. 28.241, each clerk of the
15 circuit court shall only be reimbursed at the prevailing rate
16 of federal financial participation on the amount of $40 for
17 each civil action, suit, or proceeding for support instituted
18 in the circuit court in which the parent is not receiving
19 temporary cash assistance under the WAGES Program. The
20 prevailing rate of the state match shall be paid by the local
21 government in the form of a certified public expenditure. The
22 clerk of the circuit court shall bill the department monthly.
23 The clerk of the circuit court and the department shall
24 maintain a monthly log of the number of civil actions, suits,
25 or proceedings filed in which the parent does not receive
26 temporary assistance. These monthly logs will be used to
27 determine the number of $40 filings the clerk of court may
28 submit for reimbursement at the prevailing rate of federal
29 financial participation.
30 Section 95. Paragraph (c) of subsection (1) of section
31 409.903, 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)
1 409.903 Mandatory payments for eligible persons.--The
2 agency shall make payments for medical assistance and related
3 services on behalf of the following persons who the agency
4 determines to be eligible, subject to the income, assets, and
5 categorical eligibility tests set forth in federal and state
6 law. Payment on behalf of these Medicaid eligible persons is
7 subject to the availability of moneys and any limitations
8 established by the General Appropriations Act or chapter 216.
9 (1) Low-income families with children are eligible for
10 Medicaid provided they meet the following requirements:
11 (c) The family's countable income and resources do not
12 exceed the applicable Aid to Families with Dependent Children
13 (AFDC) income and resource standards under the AFDC state plan
14 in effect in July 1996, except as amended in the Medicaid
15 state plan to conform as closely as possible to the
16 requirements of the welfare transition WAGES program as
17 created in s. 414.015, to the extent permitted by federal law.
18 Section 96. Section 409.942, Florida Statutes, is
19 amended to read:
20 409.942 Electronic benefit transfer program.--
21 (1) The Department of Children and Family Services
22 shall establish an electronic benefit transfer program for the
23 dissemination of food stamp benefits and temporary assistance
24 payments, including refugee cash assistance payments, asylum
25 applicant payments, and child support disregard payments. If
26 the Federal Government does not enact legislation or
27 regulations providing for dissemination of supplemental
28 security income by electronic benefit transfer, the state may
29 include supplemental security income in the electronic benefit
30 transfer program.
31 (2) The department shall, in accordance with
228
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 applicable federal laws and regulations, develop minimum
2 program requirements and other policy initiatives for the
3 electronic benefit transfer program and shall have at least
4 one operational pilot program in place by July 1, 1996.
5 (3) The department shall enter into public-private
6 contracts for all provisions of electronic transfer of public
7 assistance benefits, including, but not limited to, the
8 necessary electronic equipment and technical support for the
9 electronic benefit transfer pilot program.
10 (4) Workforce Florida, Inc., through the Agency for
11 Workforce Innovation, shall establish an electronic benefit
12 transfer program for the use and management of education,
13 training, childcare, transportation, and other program
14 benefits under its direction. The workforce electronic benefit
15 transfer program shall fulfill all federal and state
16 requirements for Individual Training Accounts, Retention
17 Incentive Training Accounts, Individual Development Accounts,
18 and Individual Services Accounts. The workforce electronic
19 benefit transfer program shall be designed to enable an
20 individual who receives an electronic benefit transfer card
21 under subsection (1) to use that card for purposes of benefits
22 provided under the workforce development system as well. The
23 Department of Children and Family Services shall assist
24 Workforce Florida, Inc., in developing an electronic benefit
25 transfer program for the workforce development system that is
26 fully compatible with the department's electronic benefit
27 transfer program. The agency shall reimburse the department
28 for all costs incurred in providing such assistance and shall
29 pay all costs for the development of the workforce electronic
30 benefit transfer program.
31 Section 97. Paragraph (b) of subsection (4) and
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 paragraph (a) of subsection (6) of section 411.01, Florida
2 Statutes, are amended to read:
3 411.01 Florida Partnership for School Readiness;
4 school readiness coalitions.--
5 (4) FLORIDA PARTNERSHIP FOR SCHOOL READINESS.--
6 (b)1. The Florida Partnership for School Readiness
7 shall include the Lieutenant Governor or his or her designee,
8 the Commissioner of Education, the Secretary of Children and
9 Family Services, the Secretary of Health, the chair of the
10 Child Care Executive Partnership Board, and the chairperson of
11 the WAGES Program State board of directors of Workforce
12 Florida, Inc.
13 2. The partnership shall also include 10 members of
14 the public who shall be business, community, and civic leaders
15 in the state who are not elected to public office. These
16 members and their families must not be providers in the early
17 education and child care industry. The members must be
18 geographically and demographically representative of the
19 state. Each member shall be appointed by the Governor. Eight
20 of the members shall be appointed from a list of 10 nominees,
21 of which five must be submitted by the President of the Senate
22 and five must be submitted by the Speaker of the House of
23 Representatives. Members shall be appointed to 4-year terms of
24 office. However, of the initial appointees, two shall be
25 appointed to 1-year terms, two shall be appointed to 2-year
26 terms, three shall be appointed to 3-year terms, and three
27 shall be appointed to 4-year terms. The members of the
28 partnership shall elect a chairperson annually from the
29 nongovernmental members of the partnership. Any vacancy on the
30 partnership shall be filled in the same manner as the original
31 appointment.
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1
2 To ensure that the system for measuring school readiness is
3 comprehensive and appropriate statewide, as the system is
4 developed and implemented, the partnership must consult with
5 representatives of district school systems, providers of
6 public and private child care, health care providers, large
7 and small employers, experts in education for children with
8 disabilities, and experts in child development.
9 (6) PROGRAM ELIGIBILITY.--The school readiness program
10 shall be established for children under the age of
11 kindergarten eligibility. Priority for participation in the
12 school readiness program shall be given to children who meet
13 one or more of the following criteria:
14 (a) Children under the age of kindergarten eligibility
15 who are:
16 1. Children determined to be at risk of abuse,
17 neglect, or exploitation and who are currently clients of the
18 Children and Family Services Program Office of the Department
19 of Children and Family Services.
20 2. Children at risk of welfare dependency, including
21 economically disadvantaged children, children of participants
22 in the welfare transition WAGES program, children of migrant
23 farmworkers, and children of teen parents.
24 3. Children of working families whose family income
25 does not exceed 150 percent of the federal poverty level.
26
27 An "economically disadvantaged" child means a child whose
28 family income is below 150 percent of the federal poverty
29 level. Notwithstanding any change in a family's economic
30 status, but subject to additional family contributions in
31 accordance with the sliding fee scale, a child who meets the
231
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 eligibility requirements upon initial registration for the
2 program shall be considered eligible until the child reaches
3 kindergarten age.
4 Section 98. Paragraph (a) of subsection (3) of section
5 411.232, Florida Statutes, is amended to read:
6 411.232 Children's Early Investment Program.--
7 (3) ESSENTIAL ELEMENTS.--
8 (a) Initially, the program shall be directed to
9 geographic areas where at-risk young children and their
10 families are in greatest need because of an unfavorable
11 combination of economic, social, environmental, and health
12 factors, including, without limitation, extensive poverty,
13 high crime rate, great incidence of low birthweight babies,
14 high incidence of alcohol and drug abuse, and high rates of
15 teenage pregnancy. The selection of a geographic site shall
16 also consider the incidence of young children within these
17 at-risk geographic areas who are cocaine babies, children of
18 single mothers who receive temporary cash assistance
19 participate in the WAGES Program, children of teenage parents,
20 low birthweight babies, and very young foster children. To
21 receive funding under this section, an agency, board, council,
22 or provider must demonstrate:
23 1. Its capacity to administer and coordinate the
24 programs and services in a comprehensive manner and provide a
25 flexible range of services;
26 2. Its capacity to identify and serve those children
27 least able to access existing programs and case management
28 services;
29 3. Its capacity to administer and coordinate the
30 programs and services in an intensive and continuous manner;
31 4. The proximity of its facilities to young children,
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Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 parents, and other family members to be served by the program,
2 or its ability to provide offsite services;
3 5. Its ability to use existing federal, state, and
4 local governmental programs and services in implementing the
5 investment program;
6 6. Its ability to coordinate activities and services
7 with existing public and private, state and local agencies and
8 programs such as those responsible for health, education,
9 social support, mental health, child care, respite care,
10 housing, transportation, alcohol and drug abuse treatment and
11 prevention, income assistance, employment training and
12 placement, nutrition, and other relevant services, all the
13 foregoing intended to assist children and families at risk;
14 7. How its plan will involve project participants and
15 community representatives in the planning and operation of the
16 investment program;
17 8. Its ability to participate in the evaluation
18 component required in this section; and
19 9. Its consistency with the strategic plan pursuant to
20 s. 411.221.
21 Section 99. Paragraph (a) of subsection (3) of section
22 411.242, Florida Statutes, is amended to read:
23 411.242 Florida Education Now and Babies Later (ENABL)
24 program.--
25 (3) ESSENTIAL ELEMENTS.--
26 (a) The ENABL program should be directed to geographic
27 areas in the state where the childhood birth rate is higher
28 than the state average and where the 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,
233
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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 childhood 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, a community-based local
10 contractor must demonstrate:
11 1. Its capacity to administer and coordinate the ENABL
12 pregnancy prevention public education program and services for
13 children and their families in a comprehensive manner and to
14 provide a flexible range of age-appropriate educational
15 services.
16 2. Its capacity to identify and serve those children
17 least able to access existing pregnancy prevention public
18 education programs.
19 3. Its capacity to administer and coordinate the ENABL
20 programs and services in an intensive and continuous manner.
21 4. The proximity of its program to young children,
22 parents, and other family members to be served by the ENABL
23 program, or its ability to provide offsite educational
24 services.
25 5. Its ability to incorporate existing federal, state,
26 and local governmental educational programs and services in
27 implementing the ENABL program.
28 6. Its ability to coordinate its activities and
29 educational services with existing public and private state
30 and local agencies and programs, such as those responsible for
31 health, education, social support, mental health, child care,
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 respite care, housing, transportation, alcohol and drug abuse
2 treatment and prevention, income assistance, employment
3 training and placement, nutrition, and other relevant
4 services, all of the foregoing intended to assist children and
5 families at risk.
6 7. How its plan will involve project participants and
7 community representatives in the planning and operation of the
8 ENABL program.
9 8. Its ability to participate in the evaluation
10 component required in this section.
11 9. Its consistency with the strategic plan pursuant to
12 s. 411.221.
13 10. Its capacity to match state funding for the ENABL
14 program at the rate of $1 in cash or in matching services for
15 each dollar funded by the state.
16 Section 100. Subsection (6) of section 413.82, Florida
17 Statutes, is amended to read:
18 413.82 Definitions.--As used in ss. 413.81-413.93, the
19 term:
20 (6) "Region" means a service area for a regional
21 workforce development board established by the Workforce
22 Florida Inc. Development Board.
23 Section 101. Paragraph (d) of subsection (1) of
24 section 421.10, Florida Statutes, is amended to read:
25 421.10 Rentals and tenant selection.--
26 (1) In the operation or management of housing projects
27 an authority shall at all times observe the following duties
28 with respect to rentals and tenants selection:
29 (d) The Department of Children and Family Services,
30 pursuant to 45 C.F.R. s. 233.20(a)(3)(vii)(c), may not
31 consider as income for recipients of temporary cash assistance
235
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 any participants in the WAGES Program assistance received by
2 recipients from other agencies or organizations such as public
3 housing authorities.
4 Section 102. Subsection (27) of section 427.013,
5 Florida Statutes, is amended to read:
6 427.013 The Commission for the Transportation
7 Disadvantaged; purpose and responsibilities.--The purpose of
8 the commission is to accomplish the coordination of
9 transportation services provided to the transportation
10 disadvantaged. The goal of this coordination shall be to
11 assure the cost-effective provision of transportation by
12 qualified community transportation coordinators or
13 transportation operators for the transportation disadvantaged
14 without any bias or presumption in favor of multioperator
15 systems or not-for-profit transportation operators over single
16 operator systems or for-profit transportation operators. In
17 carrying out this purpose, the commission shall:
18 (27) Ensure that local community transportation
19 coordinators work cooperatively with regional workforce boards
20 local WAGES coalitions established in chapter 445 414 to
21 provide assistance in the development of innovative
22 transportation services for WAGES participants in the welfare
23 transition program.
24 Section 103. Subsection (9) of section 427.0155,
25 Florida Statutes, is amended to read:
26 427.0155 Community transportation coordinators; powers
27 and duties.--Community transportation coordinators shall have
28 the following powers and duties:
29 (9) Work cooperatively with regional workforce boards
30 local WAGES coalitions established in chapter 445 414 to
31 provide assistance in the development of innovative
236
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 transportation services for WAGES participants in the welfare
2 transition program.
3 Section 104. Subsection (7) of section 427.0157,
4 Florida Statutes, is amended to read:
5 427.0157 Coordinating boards; powers and duties.--The
6 purpose of each coordinating board is to develop local service
7 needs and to provide information, advice, and direction to the
8 community transportation coordinators on the coordination of
9 services to be provided to the transportation disadvantaged.
10 The commission shall, by rule, establish the membership of
11 coordinating boards. The members of each board shall be
12 appointed by the metropolitan planning organization or
13 designated official planning agency. The appointing authority
14 shall provide each board with sufficient staff support and
15 resources to enable the board to fulfill its responsibilities
16 under this section. Each board shall meet at least quarterly
17 and shall:
18 (7) Work cooperatively with regional workforce boards
19 local WAGES coalitions established in chapter 445 414 to
20 provide assistance in the development of innovative
21 transportation services for WAGES participants in the welfare
22 transition program.
23 Section 105. Paragraph (b) of subsection (1) of
24 section 443.091, Florida Statutes, is amended to read:
25 443.091 Benefit eligibility conditions.--
26 (1) An unemployed individual shall be eligible to
27 receive benefits with respect to any week only if the division
28 finds that:
29 (b) She or he has registered for work at, and
30 thereafter continued to report at, the division, which shall
31 be responsible for notification of the Agency for Workforce
237
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Innovation Division of Jobs and Benefits in accordance with
2 such rules as the division may prescribe; except that the
3 division may, by rule not inconsistent with the purposes of
4 this law, waive or alter either or both of the requirements of
5 this subsection as to individuals attached to regular jobs;
6 but no such rule shall conflict with s. 443.111(1).
7 Section 106. Subsection (8) of section 443.151,
8 Florida Statutes, is amended to read:
9 443.151 Procedure concerning claims.--
10 (8) BILINGUAL REQUIREMENTS.--
11 (a) Based on the estimated total number of households
12 in a county which speak the same non-English language, a
13 single-language minority, the division shall provide printed
14 bilingual instructional and educational materials in the
15 appropriate language in those counties in which 5 percent or
16 more of the households in the county are classified as a
17 single-language minority.
18 (b) The division shall ensure that one-stop career
19 centers jobs and benefits offices and appeals bureaus in
20 counties subject to the requirements of paragraph (c)
21 prominently post notices in the appropriate languages that
22 translators are available in those centers offices and
23 bureaus.
24 (c) Single-language minority refers to households
25 which speak the same non-English language and which do not
26 contain an adult fluent in English. The division shall develop
27 estimates of the percentages of single-language minority
28 households for each county by using data made available by the
29 United States Bureau of the Census.
30 Section 107. Section 443.181, 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)
1 443.181 State Employment Service.--
2 (1) A state public employment service is hereby
3 established in the Agency for Workforce Innovation, under
4 policy direction from Workforce Florida, Inc. Division of Jobs
5 and Benefits. The agency division shall establish and maintain
6 free public employment offices in such number and in such
7 places as may be necessary for the proper administration of
8 this chapter and for the purposes of performing such duties as
9 are within the purview of the Act of Congress entitled "An Act
10 to provide for the establishment of a national employment
11 system and for cooperation with the states in the promotion of
12 such system and for other purposes," approved June 6, 1933 (48
13 Stat. 113; 29 U.S.C. s. 49(c)), as amended. Notwithstanding
14 any provisions in this section to the contrary, the one-stop
15 delivery system shall be the primary method for delivering
16 services under this section, consistent with Pub. L. No.
17 105-220 and chapter 445. It shall be the duty of the agency
18 division to cooperate with any official or agency of the
19 United States having power or duties under the provisions of
20 the Act of Congress, as amended, and to do and perform all
21 things necessary to secure to this state the benefits of said
22 Act of Congress, as amended, in the promotion and maintenance
23 of a system of public employment offices. The provisions of
24 the said Act of Congress, as amended, are hereby accepted by
25 this state, in conformity with s. 4 of that act, and this
26 state will observe and comply with the requirements thereof.
27 The Agency for Workforce Innovation Division of Jobs and
28 Benefits of the Department of Labor and Employment Security is
29 hereby designated and constituted the agency of this state for
30 the purpose of that act. The agency division is authorized
31 and directed to appoint sufficient employees to carry out the
239
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 purposes of this section. The agency division may cooperate
2 with or enter into agreements with the Railroad Retirement
3 Board with respect to the establishment, maintenance, and use
4 of free employment service facilities.
5 (2) FINANCING.--All moneys received by this state
6 under the said Act of Congress, as amended, shall be paid into
7 the Employment Security Administration Trust Fund, and such
8 moneys are hereby made available to the agency division to be
9 expended as provided by this chapter and by said Act of
10 Congress. For the purpose of establishing and maintaining
11 free public employment offices, the agency division is
12 authorized to enter into agreements with the Railroad
13 Retirement Board or any other agency of the United States
14 charged with the administration of an unemployment
15 compensation law, with any political subdivision of this
16 state, or with any private, nonprofit organization, and as a
17 part of any such agreement the agency division may accept
18 moneys, services, or quarters as a contribution to the
19 Employment Security Administration Trust Fund.
20 (3) References to "the agency division" in this
21 section mean the Agency for Workforce Innovation Division of
22 Jobs and Benefits.
23 Section 108. Subsections (2) and (5) of section
24 443.211, Florida Statutes, are amended to read:
25 443.211 Employment Security Administration Trust Fund;
26 appropriation; reimbursement.--
27 (2) SPECIAL EMPLOYMENT SECURITY ADMINISTRATION TRUST
28 FUND.--There is created in the State Treasury a special fund,
29 to be known as the "Special Employment Security Administration
30 Trust Fund," into which shall be deposited or transferred all
31 interest on contributions, penalties, and fines or fees
240
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 collected under this chapter. Interest on contributions,
2 penalties, and fines or fees deposited during any calendar
3 quarter in the clearing account in the Unemployment
4 Compensation Trust Fund shall, as soon as practicable after
5 the close of such calendar quarter and upon certification of
6 the division, be transferred to the Special Employment
7 Security Administration Trust Fund. However, there shall be
8 withheld from any such transfer the amount certified by the
9 division to be required under this chapter to pay refunds of
10 interest on contributions, penalties, and fines or fees
11 collected and erroneously deposited into the clearing account
12 in the Unemployment Compensation Trust Fund. Such amounts of
13 interest and penalties so certified for transfer shall be
14 deemed to have been erroneously deposited in the clearing
15 account, and the transfer thereof to the Special Employment
16 Security Administration Trust Fund shall be deemed to be a
17 refund of such erroneous deposits. All moneys in this fund
18 shall be deposited, administered, and disbursed in the same
19 manner and under the same conditions and requirements as are
20 provided by law for other special funds in the State Treasury.
21 These moneys shall not be expended or be available for
22 expenditure in any manner which would permit their
23 substitution for, or permit a corresponding reduction in,
24 federal funds which would, in the absence of these moneys, be
25 available to finance expenditures for the administration of
26 the Unemployment Compensation Law. But nothing in this
27 section shall prevent these moneys from being used as a
28 revolving fund to cover expenditures, necessary and proper
29 under the law, for which federal funds have been duly
30 requested but not yet received, subject to the charging of
31 such expenditures against such funds when received. The
241
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 moneys in this fund, with the approval of the Executive Office
2 of the Governor, shall be used by the Division of Unemployment
3 Compensation and the Agency for Workforce Innovation Division
4 of Jobs and Benefits for the payment of costs of
5 administration which are found not to have been properly and
6 validly chargeable against funds obtained from federal
7 sources. All moneys in the Special Employment Security
8 Administration Trust Fund shall be continuously available to
9 the division for expenditure in accordance with the provisions
10 of this chapter and shall not lapse at any time. All payments
11 from the Special Employment Security Administration Trust Fund
12 shall be approved by the division or by a duly authorized
13 agent thereof and shall be made by the Treasurer upon warrants
14 issued by the Comptroller. The moneys in this fund are hereby
15 specifically made available to replace, as contemplated by
16 subsection (3), expenditures from the Employment Security
17 Administration Trust Fund, established by subsection (1),
18 which have been found by the Bureau of Employment Security, or
19 other authorized federal agency or authority, because of any
20 action or contingency, to have been lost or improperly
21 expended. The Treasurer shall be liable on her or his
22 official bond for the faithful performance of her or his
23 duties in connection with the Special Employment Security
24 Administration Trust Fund.
25 (5) In connection with its duties under s. 443.181,
26 the Agency for Workforce Innovation Division of Jobs and
27 Benefits shall have several authority and responsibility for
28 deposit, requisition, expenditure, approval of payment,
29 reimbursement, and reporting in regard to the trust funds
30 established by this section.
31 Section 109. Subsection (3) of section 443.221,
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Florida Statutes, is amended to read:
2 443.221 Reciprocal arrangements.--
3 (3) The administration of this chapter and of other
4 state and federal unemployment compensation and public
5 employment service laws will be promoted by cooperation
6 between this state and such other states and the appropriate
7 federal agencies and therefore the division is authorized to
8 enter into reciprocal arrangements with appropriate and duly
9 authorized agencies of other states or the Federal Government
10 or both in exchanging services, determining and enforcing
11 payment obligations, and making available facilities and
12 information. The Division of Unemployment Compensation and
13 the Agency for Workforce Innovation Division of Jobs and
14 Benefits are each, therefore, authorized to make such
15 investigations, secure and transmit such information, make
16 available such services and facilities, and exercise such of
17 the other powers provided herein with respect to the
18 administration of this chapter as each deems necessary or
19 appropriate to facilitate the administration of any such
20 unemployment compensation or public employment service law
21 and, in like manner, to accept and utilize information,
22 services, and facilities made available to this state by the
23 agency charged with the administration of any such other
24 unemployment compensation or public employment service law.
25 Section 110. Subsection (6) of section 443.231,
26 Florida Statutes, is amended to read:
27 443.231 Florida Training Investment Program.--The
28 Florida Training Investment Program is designed to extend
29 additional benefit eligibility to dislocated workers
30 throughout Florida who have lost their jobs, have limited
31 marketable skills, and enroll in vocational training intended
243
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 to lead to employment in a recognized occupation for which
2 there is labor market demand. Pursuant thereto:
3 (6) PROCEDURE.--
4 (a) Any dislocated worker may apply to receive
5 benefits under this section while enrolled in an approved
6 course of training pursuant to this section.
7 (b) Upon approval of an application the division shall
8 notify both the applicant and the training institution by mail
9 of the applicant's status under this section and shall request
10 the training institution to promptly notify the regular claims
11 reporting office in writing if the participant's attendance or
12 progress should become unsatisfactory.
13 (c) The division is required to notify applicants of
14 the determination of eligibility by mail at the claimant's
15 last known address. In addition to the initial approval or
16 denial of the applicant, the division shall make any further
17 determinations pursuant to s. 443.151(3) and rules 38B-3.016
18 and 38B-3.017, Florida Administrative Code.
19 (d) A determination or redetermination will become
20 final unless the claimant files, by mail or in person at the
21 local one-stop career center jobs and benefits office, an
22 appeal of a determination or redetermination within 20
23 calendar days after the mailing of the Notice of Determination
24 or Redetermination to the claimant's last known address, or if
25 such notice is not mailed, within 20 calendar days after the
26 date of delivery of such notice. Appeals by mail shall be
27 considered filed when postmarked by the United States Postal
28 Service.
29 Section 111. Subsections (2) and (3) of section
30 446.011, Florida Statutes, are amended to read:
31 446.011 Legislative intent regarding apprenticeship
244
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 training.--
2 (2) It is the intent of the Legislature that the
3 Division of Workforce Development Jobs and Benefits of the
4 Department of Education Labor and Employment Security have
5 responsibility for the development of the apprenticeship and
6 preapprenticeship uniform minimum standards for the
7 apprenticeable trades and that the Division of Workforce
8 Development of the Department of Education have responsibility
9 for assisting district school boards and community college
10 district boards of trustees in developing preapprenticeship
11 programs in compliance with the standards established by the
12 Division of Jobs and Benefits.
13 (3) It is the further intent of ss. 446.011-446.092
14 this act that the Division of Workforce Development Jobs and
15 Benefits ensure quality training through the adoption and
16 enforcement of uniform minimum standards and that the Bureau
17 of Apprenticeship of the division of Jobs and Benefits
18 promote, register, monitor, and service apprenticeship and
19 training programs and ensure that such programs adhere to the
20 standards.
21 Section 112. The Office of Program Policy Analysis and
22 Government Accountability, in cooperation with Workforce
23 Florida, Inc., and the Department of Education, shall submit a
24 report to the Legislature by January 1, 2002, regarding joint
25 programs, nonjoint programs, and other programs that provide
26 formalized on-the-job training for skilled trades. The report
27 must include recommendations for improving the efficiency of
28 the programs, decreasing the cost of the programs, improving
29 or retaining current practices regarding admission
30 requirements, reducing the duration of the programs, and
31 increasing the number of persons who successfully complete the
245
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 programs.
2 Section 113. Subsections (1), (5), (12), and (13) of
3 section 446.021, Florida Statutes, are amended to read:
4 446.021 Definitions of terms used in ss.
5 446.011-446.092.--As used in ss. 446.011-446.092, the
6 following words and terms shall have the following meanings
7 unless the context clearly indicates otherwise:
8 (1) "Preapprentice" means any person 16 years of age
9 or over engaged in any course of instruction in the public
10 school system or elsewhere, which course is registered as a
11 preapprenticeship program with the Division of Workforce
12 Development Jobs and Benefits of the Department of Education
13 Labor and Employment Security.
14 (5) "Preapprenticeship program" means an organized
15 course of instruction in the public school system or
16 elsewhere, which course is designed to prepare a person 16
17 years of age or older to become an apprentice and which course
18 is approved by and registered with the Bureau of
19 Apprenticeship of the Division of Workforce Development Jobs
20 and Benefits and sponsored by a registered apprenticeship
21 program.
22 (12) "Division" means the Division of Workforce
23 Development Jobs and Benefits of the Department of Education
24 Labor and Employment Security.
25 (13) "Director" means the director of the Division of
26 Workforce Development Jobs and Benefits.
27 Section 114. Section 446.032, Florida Statutes, is
28 amended to read:
29 446.032 General duties of division with respect to
30 apprenticeship training.--The Division of Workforce
31 Development Jobs and Benefits shall:
246
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (1) Establish uniform minimum standards and policies
2 governing apprentice programs and agreements. Such standards
3 and policies shall govern the terms and conditions of the
4 apprentice's employment and training, including the quality
5 training of the apprentice with respect to, but not limited
6 to, such matters as ratios of apprentices to journeymen,
7 safety, related instruction, and on-the-job training; but such
8 standards and policies shall not include rules, standards, or
9 guidelines that require the use of apprentices and job
10 trainees on state, county, or municipal contracts. The
11 division may adopt rules as necessary to carry out such
12 standards and policies.
13 (2) Establish by rule procedures to be used utilized
14 by the State Apprenticeship Advisory Council in accordance
15 with the provisions of s. 446.045.
16 (3) Establish a Bureau of Apprenticeship pursuant to
17 the instructions of the Commissioner of Education Secretary of
18 Labor and Employment Security.
19 Section 115. Section 446.041, Florida Statutes, is
20 amended to read:
21 446.041 Apprenticeship program, duties of
22 division.--The Division of Workforce Development Jobs and
23 Benefits shall:
24 (1) Administer the provisions of ss. 446.011-446.092.
25 (2) Administer the standards established by the
26 division.
27 (3) Register in accordance with this chapter any
28 apprenticeship or preapprenticeship program, regardless of
29 affiliation, which meets standards established by the
30 division.
31 (4) Investigate complaints concerning the failure of
247
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 any registered program to meet the standards established by
2 the division.
3 (5) Cancel the registration of any program that which
4 fails to comply with the standards and policies of the
5 division or that which unreasonably fails or refuses to
6 cooperate with the division in monitoring and enforcing
7 compliance with such standards.
8 (6) Develop and encourage apprenticeship programs.
9 (7) Cooperate with and assist local apprenticeship
10 sponsors in the development of their apprenticeship standards
11 and training requirements.
12 (8) Cooperate with and assist the Division of
13 Workforce Development of the Department of Education and
14 appropriate education institutions in the development of
15 viable apprenticeship and preapprenticeship programs.
16 (8)(9) Encourage registered apprenticeship programs to
17 grant consideration and credit to individuals completing
18 registered preapprenticeship programs.
19 (9)(10) Monitor registered apprenticeship programs to
20 ensure that they are being operated in compliance with all
21 applicable standards.
22 (10)(11) Supervise all apprenticeship programs which
23 are registered with the division.
24 (11) Ensure that minority and gender diversity are
25 considered in administering this program.
26 (12) Adopt rules as required to implement ss.
27 446.011-446.092 the provisions of this act.
28 Section 116. Section 446.045, Florida Statutes, is
29 amended to read:
30 446.045 State Apprenticeship Advisory Council.--
31 (1) For the purposes of this section, the term:
248
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 (a) "Joint employee organization" means an
2 apprenticeship sponsor who participates in a collective
3 bargaining agreement and represents employees.
4 (b) "Nonjoint employer organization" means an
5 apprenticeship sponsor who does not participate in a
6 collective bargaining agreement and who represents management.
7 (2)(a) There is created a State Apprenticeship
8 Advisory Council to be composed of 13 members, which shall be
9 advisory to the Division of Workforce Development. Jobs and
10 Benefits of the Department of Labor and Employment Security.
11 The purpose of the advisory council is to advise the division
12 and the council on matters relating to apprenticeship. The
13 advisory council may not establish policy, adopt rules, or
14 consider whether particular apprenticeship programs should be
15 approved by the division or bureau. Only those matters
16 contained in the notice of meeting provided by the division
17 shall be considered by the council at council meetings.
18 (b) The division director or the division director's
19 designee shall be ex officio chair of the State Apprenticeship
20 Advisory Council, but may not vote. The administrator of
21 industrial education of the Department of Education and the
22 state director of the Bureau of Apprenticeship and Training of
23 the United States Department of Labor shall be appointed a
24 nonvoting member members of the council. The Governor shall
25 appoint two three-member committees for the purpose of
26 nominating candidates for appointment to the council. One
27 nominating committee shall be composed of joint employee
28 organization representatives, and the other nominating
29 committee shall be composed of nonjoint employer organization
30 representatives. The joint employee organization nominating
31 committee shall submit to the Governor the names of three
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 persons for each vacancy occurring among the joint employee
2 organization members on the council, and the nonjoint employer
3 organization nominating committee likewise shall submit to the
4 Governor the names of three persons for each vacancy occurring
5 among the nonjoint employer organization members on the
6 council. The Governor shall appoint to the council five
7 members representing joint employee organizations and five
8 members representing nonjoint employer organizations from the
9 candidates nominated for each position by the respective
10 nominating committees. Each member shall represent industries
11 which have registered apprenticeship programs or in which a
12 need for apprenticeship programs has been demonstrated.
13 Initially, the Governor shall appoint four members for terms
14 of 4 years, two members for terms of 3 years, two members for
15 terms of 2 years, and two members for terms of 1 year.
16 Thereafter, members shall be appointed for 4-year terms. A
17 vacancy shall be filled for the remainder of the unexpired
18 term.
19 (c) The council shall meet at the call of the chair or
20 at the request of a majority of its membership, but at least
21 twice a year. A majority of the voting members shall
22 constitute a quorum, and the affirmative vote of a majority of
23 a quorum is necessary to take action.
24 (d) The Governor may remove any member for cause.
25 (e) The council shall maintain minutes of each
26 meeting. The division shall keep on file the minutes of each
27 meeting and shall make such minutes available to any
28 interested person.
29 (f) Members of the council shall serve without
30 compensation, but shall be entitled to receive reimbursement
31 for per diem and travel expenses as provided in s. 112.061.
250
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HOUSE AMENDMENT
Bill No. CS for SB 2050, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 117. Subsection (3) of section 446.052,
2 Florida Statutes, is amended to read:
3 446.052 Preapprenticeship program.--
4 (3) The Division of Workforce Development, the
5 district school boards, and the community college district
6 boards of trustees, and the Division of Jobs and Benefits
7 shall work together with existing registered apprenticeship
8 programs so that individuals completing such preapprenticeship
9 programs may be able to receive credit towards completing a
10 registered apprenticeship program.
11 Section 118. Section 446.061, Florida Statutes, is
12 amended to read:
13 446.061 Expenditures.--The Division of Workforce
14 Development of the Department of Education Jobs and Benefits
15 shall make necessary expenditures from the appropriation
16 provided by law for personal services, travel, printing,
17 equipment, office space, and supplies as provided by law.
18 Section 119. Subsection (1) of section 446.071,
19 Florida Statutes, is amended to read:
20 446.071 Apprenticeship sponsors.--
21 (1) One or more local apprenticeship sponsors shall be
22 approved in any trade or group of trades by the Division of
23 Workforce Development of the Department of Education Jobs and
24 Benefits, upon a determination of need, provided the
25 apprenticeship sponsor meets all of the standards established
26 by the division. "Need" refers to the need of state residents
27 for apprenticeship training. In the absence of proof to the
28 contrary, it shall be presumed that there is need for
29 apprenticeship and preapprenticeship training in each county
30 in this state.
31 Section 120. Section 446.075, Florida Statutes, is
251
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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:
2 446.075 Federal and state cooperation.--The Division
3 of