Senate Bill 2050c1
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Florida Senate - 2000 CS for SB 2050
By the Committee on Fiscal Policy and Senators King,
Holzendorf, Diaz-Balart, Sullivan, Myers, Klein, Burt,
Kirkpatrick, Hargrett, Sebesta and Silver
309-1758-00
1 A bill to be entitled
2 An act relating to workforce innovation;
3 creating s. 445.001, F.S.; designating chapter
4 445, F.S., as the "Workforce Innovation Act of
5 2000"; creating s. 445.002, F.S.; providing
6 definitions; transferring, renumbering, and
7 amending s. 288.9956, F.S.; revising provisions
8 implementing the federal Workforce Investment
9 Act of 1998 to conform to changes made by the
10 act; revising the investment act principles;
11 revising funding requirements; deleting
12 obsolete provisions; transferring, renumbering,
13 and amending s. 288.9952, F.S.; redesignating
14 the Workforce Development Board as "Workforce
15 Florida, Inc."; providing for Workforce
16 Florida, Inc., to function as a not-for-profit
17 corporation and be the principal workforce
18 organization for the state; providing for a
19 board of directors; providing for the
20 appointment of a president of Workforce
21 Florida, Inc.; providing duties of the board of
22 directors; specifying programs to be
23 administered by Workforce Florida, Inc.;
24 requiring reports and measures of outcomes;
25 providing for Workforce Florida, Inc., to
26 develop the state's workforce-development
27 strategy; authorizing the granting of charters
28 to regional workforce boards; creating s.
29 445.005, F.S.; requiring the chairperson of
30 Workforce Florida, Inc., to establish the First
31 Jobs/First Wages Council, the Better
1
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1 Jobs/Better Wages Council, and the High
2 Skills/High Wages Council; providing for
3 council members; providing for the councils to
4 advise the board of directors of Workforce
5 Florida, Inc., and make recommendations for
6 implementing workforce strategies; creating s.
7 445.006, F.S.; requiring Workforce Florida,
8 Inc., to develop a strategic plan for workforce
9 development; requiring updates of the plan;
10 requiring a marketing plan as part of the
11 strategic plan; providing for performance
12 measures and contract guidelines; requiring
13 that the plan include a teen pregnancy
14 prevention component; transferring,
15 renumbering, and amending s. 288.9953, F.S.;
16 redesignating the regional workforce
17 development boards as the "regional workforce
18 boards"; providing requirements for contracts
19 with an organization or individual represented
20 on the board; transferring duties for
21 overseeing the regional workforce boards to
22 Workforce Florida, Inc.; requiring the
23 workforce boards to establish certain
24 committees; specifying that regional workforce
25 boards and their entities are not state
26 agencies; providing for procurement procedures;
27 creating s. 445.008, F.S.; authorizing
28 Workforce Florida, Inc., to create the
29 Workforce Training Institute; providing for the
30 institute to include Internet-based modules;
31 requiring Workforce Florida, Inc., to adopt
2
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1 policies for operating the institute;
2 authorizing the acceptance of grants and
3 donations; transferring, renumbering, and
4 amending s. 288.9951, F.S.; redesignating
5 one-stop career centers as the "one-stop
6 delivery system"; providing for the system to
7 be the state's primary strategy for providing
8 workforce-development services; providing a
9 procedure for designating one-stop delivery
10 system administrative entities and fiscal
11 agents; authorizing a lease agreement with the
12 Department of Management Services for
13 employment services; requiring Workforce
14 Florida, Inc., to review the delivery of
15 employment services and report to the Governor
16 and Legislature; providing legislative intent
17 with respect to the transfer of programs and
18 administrative responsibilities for the state's
19 workforce-development system; providing for a
20 transition period; requiring that the Governor
21 appoint a representative to coordinate the
22 transition plan; requiring that the Governor
23 submit information and obtain waivers as
24 required by federal law; providing for the
25 transfer of records, balances of
26 appropriations, and other funds; providing for
27 the Office of Tourism, Trade, and Economic
28 Development within the Executive Office of the
29 Governor to contract with Workforce Florida,
30 Inc., as the state's principal
31 workforce-development organization;
3
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1 transferring the records, personnel,
2 appropriations, and other funds of the WAGES
3 Program and the Workforce Development Board of
4 Enterprise Florida, Inc., to Workforce Florida,
5 Inc., as created by the act; transferring the
6 employees of the Jobs and Education Partnership
7 to the Department of Management Services;
8 transferring the programs and functions of the
9 Division of Workforce and Employment
10 Opportunities and the Office of Labor Market
11 and Performance Information of the Department
12 of Labor and Employment Security to the
13 Department of Management Services; providing
14 certain exceptions; transferring certain vacant
15 positions to the Department of Management
16 Services to be allocated by regional workforce
17 boards; authorizing Workforce Florida, Inc., to
18 contract with the Department of Management
19 Services for the lease of employees; creating
20 s. 445.010, F.S.; providing principles for
21 developing and managing information technology
22 for the workforce system; requiring the sharing
23 of information between agencies within the
24 workforce system; creating s. 445.011, F.S.;
25 requiring Workforce Florida, Inc., to implement
26 a workforce information system, subject to
27 legislative appropriation; specifying
28 information systems to be included; providing
29 requirements for procurement and validation
30 services; requiring that the system be
31 compatible with the state's information system;
4
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1 creating s. 445.012, F.S.; establishing the
2 Careers for Florida's Future Incentive Grant
3 Program; providing for loans to encourage
4 students to obtain degrees or certificates in
5 advanced technology fields; requiring Workforce
6 Florida, Inc., to manage the grant program,
7 under contract with the Department of
8 Education; providing for the allocation of
9 funds; providing for regional workforce boards
10 to determine award recipients; specifying the
11 amount of the grants; providing for the
12 transfer of a grant award; creating s.
13 445.0121, F.S.; providing eligibility
14 requirements for an initial incentive grant
15 award; creating s. 445.0122, F.S.; providing
16 for renewal of grants; creating s. 445.0123,
17 F.S.; specifying postsecondary education
18 institutions that are eligible to enroll a
19 student who receives an incentive grant;
20 creating s. 445.0124, F.S.; specifying eligible
21 programs; creating s. 445.0125, F.S.; providing
22 a repayment schedule after termination of an
23 incentive grant; creating s. 445.0128, F.S.;
24 authorizing school boards and community college
25 boards of trustees to apply to Workforce
26 Florida, Inc., for workplace education grants;
27 providing requirements for grant applications;
28 providing for a workplace education
29 coordinator; providing program requirements;
30 creating s. 445.013, F.S.; providing for
31 challenge grants in support of welfare-to-work
5
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1 initiatives; requiring Workforce Florida, Inc.,
2 to establish the grant program, subject to
3 legislative appropriation; specifying types of
4 organizations that are eligible to receive a
5 grant under the program; providing requirements
6 for matching funds; providing requirements for
7 administering and evaluating the grant program;
8 creating s. 445.014, F.S.; providing for a
9 small business workforce service initiative;
10 requiring Workforce Florida, Inc., to establish
11 a program for support services to small
12 businesses, subject to legislative
13 appropriation; specifying eligible uses of
14 funds under the program; providing program
15 criteria; defining the term "small business"
16 for purposes of the program; creating s.
17 445.015, F.S.; providing for initiatives to
18 support economic development for working poor
19 families; authorizing Workforce Florida, Inc.,
20 to establish economic-development projects for
21 families at risk of welfare dependency, subject
22 to legislative appropriation; providing
23 eligibility requirements; requiring Workforce
24 Florida, Inc., to establish a pilot grant
25 program for youth internships, subject to
26 legislative appropriation; specifying the
27 amount of a grant under the program; providing
28 for eligibility; requiring a business to submit
29 an internship work plan; specifying criteria
30 for evaluating an application for funding of an
31 internship; requiring Workforce Florida, Inc.,
6
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1 to report the outcomes of the pilot program to
2 the Legislature; establishing a specified
3 number of pilot programs for incumbent workers
4 with disabilities; requiring Workforce Florida,
5 Inc., to develop guidelines for the pilot
6 programs; transferring, renumbering, and
7 amending s. 288.9955, F.S., relating to the
8 Untried Worker Placement and Employment
9 Incentive Act; conforming provisions to changes
10 made by the act; transferring, renumbering, and
11 amending s. 414.15, F.S.; providing certain
12 diversion services under the one-stop delivery
13 system; providing for regional workforce boards
14 to determine eligibility for diversion
15 services; deleting certain limitations on
16 diversion payments; creating s. 445.018, F.S.;
17 providing for a diversion program to strengthen
18 families; specifying services that may be
19 offered under the program; providing that such
20 services are not assistance under federal law
21 or guidelines; requiring families that receive
22 services to agree not to apply for temporary
23 cash assistance for a specified period unless
24 an emergency arises; providing requirements for
25 repaying the value of services provided;
26 transferring, renumbering, and amending s.
27 414.159, F.S., relating to the teen parent and
28 pregnancy prevention diversion program;
29 conforming cross-references to changes made by
30 the act; creating s. 445.020, F.S.; providing
31 for certain criteria for establishing
7
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1 eligibility for diversion programs;
2 transferring, renumbering, and amending s.
3 414.155, F.S., relating to the relocation
4 assistance program; providing duties of the
5 regional workforce boards; revising eligibility
6 requirements for services under the program;
7 requiring the board of directors of Workforce
8 Florida, Inc., to determine eligibility
9 criteria and relocation plans; transferring,
10 renumbering, and amending s. 414.223, F.S.,
11 relating to Retention Incentive Training
12 Accounts; authorizing the board of directors of
13 Workforce Florida, Inc., to establish such
14 accounts; transferring, renumbering, and
15 amending s. 414.18, F.S., relating to a program
16 for dependent care for families with children
17 with special needs; conforming provisions to
18 changes made by the act; creating s. 445.024,
19 F.S.; specifying the activities that satisfy
20 the work requirements for a participant in the
21 welfare-transition program; providing for
22 regional workforce boards to administer various
23 subsidized employment programs formerly
24 administered by the local WAGES coalitions;
25 including GED preparation and literacy
26 education within the activities that satisfy
27 work requirements under the welfare-transition
28 program; providing requirements for
29 participating in work activities; providing for
30 certain individuals to be exempt from such
31 requirements; requiring regional workforce
8
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1 boards to prioritize work requirements if funds
2 are insufficient; requiring regional workforce
3 boards to contract for work activities,
4 training, and other services; transferring,
5 renumbering, and amending s. 414.20, F.S.;
6 authorizing the regional workforce boards to
7 prioritize or limit certain support services;
8 providing requirements for the boards in
9 providing for counseling and therapy services;
10 transferring, renumbering, and amending s.
11 414.1525, F.S.; providing for a severance
12 benefit in lieu of cash assistance payments;
13 requiring the regional workforce boards to
14 determine eligibility for such a benefit;
15 creating s. 445.028, F.S.; requiring the
16 Department of Children and Family Services, in
17 cooperation with Workforce Florida, Inc., to
18 provide for certain transitional benefits and
19 services for families leaving the temporary
20 cash assistance program; transferring,
21 renumbering, and amending s. 414.21, F.S.,
22 relating to transitional medical benefits;
23 clarifying requirements for notification;
24 transferring, renumbering, and amending s.
25 414.22, F.S.; authorizing the board of
26 directors of Workforce Florida, Inc., to
27 prioritize transitional education and training;
28 providing for regional workforce boards to
29 authorize child care or other services;
30 transferring, renumbering, and amending s.
31 414.225, F.S.; providing for transitional
9
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1 transportation services administered by
2 regional workforce boards; expanding the period
3 such services may be available; creating s.
4 445.032, F.S.; providing for transitional child
5 care services; authorizing regional workforce
6 boards to prioritize such services;
7 transferring, renumbering, and amending s.
8 414.23, F.S.; providing for the evaluation of
9 programs funded under Temporary Assistance for
10 Needy Families; creating s. 445.034, F.S.;
11 providing requirements for expenditures from
12 the Temporary Assistance for Needy Families
13 block grant; transferring, renumbering, and
14 amending s. 414.44, F.S.; requiring the board
15 of directors of Workforce Florida, Inc., to
16 collect data and make reports; amending s.
17 414.025, F.S.; revising legislative intent with
18 respect to the programs administered under
19 chapter 414, F.S., to conform to changes made
20 by the act; amending s. 414.0252, F.S.;
21 revising definitions; amending s. 414.045,
22 F.S., relating to the cash assistance program;
23 specifying families that are considered to be
24 work-eligible cases; providing for the regional
25 workforce boards to provide for service
26 delivery for work-eligible cases; amending s.
27 414.065, F.S.; deleting provisions governing
28 work activities to conform to changes made by
29 the act; amending s. 414.085, F.S.; specifying
30 eligibility standards for the temporary cash
31 assistance program; amending s. 414.095, F.S.;
10
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1 revising requirements for determining
2 eligibility for temporary cash assistance;
3 conforming cross-references to changes made by
4 the act; revising eligibility requirements for
5 noncitizens; amending s. 414.105, F.S.;
6 revising procedures for reviewing exemptions
7 from the requirements for eligibility for
8 temporary cash assistance; deleting certain
9 limitations on the period of such exemptions;
10 providing an extension of certain time
11 limitations with respect to an applicant for
12 supplemental security disability income (SSDI);
13 providing for the regional workforce boards to
14 review the prospects of certain participants
15 for employment; amending s. 414.157, F.S.,
16 relating to the diversion program for victims
17 of domestic violence; conforming provisions to
18 changes made by the act; amending s. 414.158,
19 F.S.; providing for a diversion program to
20 prevent or reduce child abuse and neglect;
21 providing for eligibility; amending ss. 414.35,
22 414.36, F.S., relating to emergency relief and
23 the recovery of overpayments; deleting obsolete
24 provisions; amending ss. 414.39, 414.41, F.S.,
25 relating to case screening and the recovery of
26 certain payments; conforming provisions to
27 changes made by the act; amending s. 414.55,
28 F.S.; deleting provisions authorizing a delay
29 in the implementation of certain programs;
30 providing for Workforce Florida, Inc., to
31 implement the community work program; amending
11
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1 s. 414.70, F.S.; revising certain provisions of
2 a drug-testing and drug-screening program to
3 conform to changes made by the act; deleting
4 obsolete provisions; repealing ss. 239.249,
5 288.9950, 288.9954, 288.9957, 288.9958,
6 288.9959, 414.015, 414.026, 414.0267, 414.027,
7 414.028, 414.029, 414.030, 414.055, 414.125,
8 414.25, 414.38, F.S., relating to funding for
9 vocational and technical education programs,
10 the Workforce Florida Act of 1996, the
11 Workforce Development Board, the WAGES Program
12 State Board of Directors, the WAGES Program,
13 matching grants, local WAGES coalitions, the
14 WAGES Program business registry, WAGES Program
15 Employment Projects, one-stop career centers,
16 the Learnfare Program, exemptions from
17 requirements for certain leases of real
18 property, and certain pilot programs;
19 conforming provisions to changes made by the
20 act; amending s. 14.2015, F.S.; providing
21 additional duties of the Office of Tourism,
22 Trade, and Economic Development within the
23 Executive Office of the Governor with respect
24 to workforce development; requiring that the
25 office cooperate and contract with Workforce
26 Florida, Inc., in performing certain functions;
27 amending s. 20.171, F.S.; revising duties of
28 the Assistant Secretary for Programs and
29 Operations within the Department of Labor and
30 Employment Security; abolishing the Division of
31 Workforce and Employment Opportunities within
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1 the department to conform to changes made by
2 the act; amending s. 20.22, F.S.; creating the
3 Division of Workforce Administrative Support
4 within the Department of Management Services;
5 specifying duties of the division; providing
6 for the division to administer the Office of
7 One-Stop Workforce Services, the Office of
8 Workforce Investment and Accountability, and
9 the Office of Workforce Information Services;
10 specifying the federal grants and other funds
11 assigned to the division for administration;
12 amending s. 212.08, F.S., relating to sales tax
13 exemptions; deleting a requirement that a
14 business register with the WAGES Program
15 Business Registry for purposes of qualifying
16 for certain exemptions; amending s. 212.096,
17 F.S.; redefining the term "new employee" to
18 include participants in the welfare-transition
19 program for purposes of certain tax credits;
20 amending ss. 212.097, 212.098, F.S., relating
21 to job tax credits; providing eligibility for
22 tax credits to certain businesses that hire
23 participants in the welfare-transition program;
24 amending s. 216.136, F.S.; redesignating the
25 Occupational Forecasting Conference as the
26 "Workforce Estimating Conference"; specifying
27 additional duties of the conference with
28 respect to developing forecasts for employment
29 demands and occupational trends; amending s.
30 220.181, F.S., relating to the enterprise zone
31 jobs credit; providing for businesses that hire
13
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1 participants in the welfare-transition program
2 to be eligible for the credit; amending s.
3 230.2305, F.S., relating to the prekindergarten
4 early intervention program; providing
5 eligibility for children whose parents
6 participate in the welfare-transition program;
7 amending s. 232.17, F.S.; revising requirements
8 for administering the Child Labor Law to
9 conform to changes made by the act; amending s.
10 234.01, F.S.; providing for school boards to
11 provide transportation services to participants
12 in the welfare-transition program; amending s.
13 234.211, F.S., relating to the use of school
14 buses; conforming provisions to changes made by
15 the act; amending s. 239.105, F.S.; redefining
16 the term "degree vocational education program"
17 for purposes of ch. 239, F.S.; amending s.
18 239.115, F.S.; providing for a response fund to
19 be used to provide customized training for
20 businesses; providing for remaining balances to
21 carry over; providing for performance funds to
22 be distributed to certain workforce programs;
23 conforming provisions to changes made by the
24 act; amending s. 239.117, F.S.; providing for
25 school districts or community colleges to pay
26 the fees of students enrolled in a program
27 under the welfare-transition program; amending
28 s. 239.229, F.S.; requiring the Department of
29 Education to update certain vocational, adult,
30 and community education programs; amending s.
31 239.301, F.S.; providing for literacy
14
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1 assessments and other specialized services for
2 participants in the welfare-transition program;
3 amending s. 239.514, F.S., relating to the
4 Workforce Development Capitalization Incentive
5 Grant Program; conforming provisions to changes
6 made by the act; amending s. 240.209, F.S.;
7 requiring that the Board of Regents consider
8 industry-driven competencies in certain program
9 reviews; amending s. 240.312, F.S.; revising
10 requirements for reviewing certificate career
11 education programs and certain degree programs;
12 amending s. 240.35, F.S.; providing for
13 students enrolled in employment and training
14 programs under the welfare-transition program
15 to be exempt from certain fees; amending ss.
16 240.40207, 240.40685, F.S., relating to the
17 Florida Gold Seal Vocational Scholars award and
18 the Certified Education Paraprofessional
19 Welfare Transition Program; conforming
20 provisions to changes made by the act; amending
21 s. 240.61, F.S., relating to college reach-out
22 programs; providing for including temporary
23 cash assistance in determining eligibility;
24 amending s. 246.50, F.S.; providing for
25 recipients of temporary cash assistance to be
26 eligible for the Teacher-Aide Welfare
27 Transition Program; amending ss. 288.046,
28 288.047, 288.0656, F.S., relating to
29 quick-response training; deleting a reference
30 to targeted industrial clusters; providing for
31 the program to be administered by Workforce
15
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1 Florida, Inc., in conjunction with Enterprise
2 Florida, Inc.; abolishing the advisory
3 committee; revising requirements for the grant
4 agreements; providing for a Quick-Response
5 Training Program for participants in the
6 welfare-transition program; amending s.
7 288.901, F.S.; providing for the chairperson of
8 Workforce Florida, Inc., to be a member of the
9 board of directors of Enterprise Florida, Inc.;
10 amending ss. 288.904, 288.905, 288.906, F.S.;
11 revising the duties and functions of Enterprise
12 Florida, Inc., to conform to changes made by
13 the act; amending s. 320.20, F.S.; providing
14 for employing participants in the
15 welfare-transition program for certain projects
16 of the Department of Transportation and the
17 Florida Seaport Transportation and Economic
18 Development Council; amending ss. 322.34,
19 341.052, F.S., relating to proceeds from the
20 sale of seized motor vehicles and a public
21 transit block grant program; conforming
22 provisions to changes made by the act; amending
23 s. 402.3015, F.S.; including children who
24 participate in certain diversion programs under
25 ch. 445, F.S., in the subsidized child care
26 program; providing for certain needy families
27 to be eligible to participate in the subsidized
28 child care program; amending s. 402.33, F.S.;
29 defining the term "state and federal aid" to
30 include temporary cash assistance; amending s.
31 402.40, F.S.; revising membership requirements
16
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1 of the Child Welfare Standards and Training
2 Council to reflect changes made by the act;
3 amending s. 402.45, F.S., relating to the
4 community resource mother or father program;
5 providing for eligibility for recipients of
6 temporary cash assistance; amending s. 403.973,
7 F.S.; providing for expedited permitting of
8 projects that employ participants in the
9 welfare-transition program; amending ss.
10 409.2554, 409.259, F.S., relating to the child
11 support enforcement program; conforming
12 provisions to changes made by the act; amending
13 s. 409.903, F.S., relating to payments for
14 medical assistance; conforming provisions;
15 amending s. 409.942, F.S.; requiring Workforce
16 Florida, Inc., to establish an electronic
17 benefit transfer program; requiring that the
18 program be compatible with the benefit transfer
19 program of the Department of Children and
20 Family Services; amending ss. 411.01, 411.232,
21 411.242, F.S., relating to the Florida
22 Partnership for School Readiness, the
23 Children's Early Investment Program, and the
24 Education Now and Babies Later Program;
25 conforming provisions and revising eligibility
26 for such programs; amending s. 413.82, F.S.,
27 relating to occupational access and
28 opportunity; conforming a definition to changes
29 made by the act; amending s. 421.10, F.S.,
30 relating to housing authorities; conforming
31 income requirements; amending ss. 427.013,
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1 427.0155, 427.0157, F.S., relating to the
2 Commission for the Transportation Disadvantaged
3 and community transportation programs;
4 conforming cross-references and provisions to
5 changes made by the act; amending s. 443.091,
6 443.151, F.S.; providing for the Division of
7 Workforce Administrative Support in the
8 Department of Management Services to administer
9 certain unemployment programs; providing for
10 the division to enforce certain requirements
11 for providing bilingual materials; amending s.
12 443.181, F.S.; providing for the division to
13 administer employment services under the policy
14 direction of Workforce Florida, Inc.; providing
15 for the one-stop delivery system to be the
16 primary method for delivering employment
17 services; amending ss. 443.211, 443.221,
18 443.231, F.S., relating to the Employment
19 Security Administration Trust Fund, reciprocal
20 arrangements, and the Florida Training
21 Investment Program; conforming provisions to
22 changes made by the act; requiring Workforce
23 Florida, Inc., to report to the Legislature on
24 its programs and on-the-job training; requiring
25 Workforce Florida, Inc., to make
26 recommendations for improving the programs and
27 decreasing costs; amending ss. 446.011,
28 446.021, 446.032, 446.041, 446.045, 446.052,
29 446.061, 446.071, 446.075, F.S.; providing for
30 the Division of Workforce Administrative
31 Support within the Department of Management
18
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1 Services to perform duties with respect to
2 apprenticeship training which were formerly
3 performed by the Division of Jobs and Benefits
4 within the Department of Labor and Employment
5 Security; providing for the division to operate
6 under the direction of Workforce Florida, Inc.;
7 redesignating the State Apprenticeship Council
8 as the "State Apprenticeship Advisory Council";
9 revising the method of appointing members to
10 the council; amending ss. 446.40, 446.41,
11 446.42, 446.43, 446.44, F.S.; redesignating the
12 Rural Manpower Services Program as the "Rural
13 Workforce Services Program"; providing for the
14 Division of Workforce Administrative Support of
15 the Department of Management Services to
16 administer the program under the direction of
17 Workforce Florida, Inc.; amending s. 446.50,
18 F.S.; requiring the Division of Workforce
19 Administrative Support to administer services
20 for displaced homemakers under the direction of
21 Workforce Florida, Inc.; requiring Workforce
22 Florida, Inc., to develop the plan for the
23 program; amending ss. 447.02, 447.04, 447.041,
24 447.045, 447.06, 447.12, 447.16, F.S.;
25 providing for part I of ch. 447, F.S., relating
26 to the regulation of labor organizations, to be
27 administered by the Department of Labor and
28 Employment Security; deleting references to the
29 Division of Jobs and Benefits; amending s.
30 447.305, F.S., relating to the registration of
31 employee organizations; providing for
19
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1 administration by the Department of Labor and
2 Employment Security; amending ss. 450.012,
3 450.061, 450.081, 450.095, 450.121, 450.132,
4 450.141, F.S.; providing for part I of ch. 450,
5 F.S., relating to child labor, to be
6 administered by the Department of Labor and
7 Employment Security; deleting references to the
8 Division of Jobs and Benefits; amending s.
9 450.191, F.S., relating to the duties of the
10 Executive Office of the Governor with respect
11 to migrant labor; conforming provisions to
12 changes made by the act; amending ss. 450.28,
13 450.30, 450.31, 450.33, 450.35, 450.36, 450.37,
14 450.38, F.S., relating to farm labor
15 registration; providing for part III of ch.
16 450, F.S., to be administered by the Department
17 of Labor and Employment Security; deleting
18 references to the Division of Jobs and
19 Benefits; amending s. 497.419, F.S., relating
20 to preneed contracts; conforming provisions to
21 changes made by the act; providing
22 appropriations; providing for expiration of
23 specified sections; providing for severability;
24 providing effective dates.
25
26 WHEREAS, the state's workforce-development system and
27 the state's economic-development strategy are not coordinated,
28 with the result that there is an insufficient number of
29 potential employees who have the literacy skills, work ethic,
30 or work habits to meet the needs of employers in this state,
31 and
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1 WHEREAS, the number of potential employees with
2 technical or professional skills is insufficient to meet the
3 needs of employers in this state, and
4 WHEREAS, Florida's welfare-reform initiative, the WAGES
5 Program, has reduced the welfare caseload by more than 75
6 percent, and these welfare-transition clients have joined
7 other "working poor" Floridians who need higher wages, jobs
8 with benefits, transportation, child care, and other
9 employment-support services, and
10 WHEREAS, to remain competitive in a changing
11 marketplace, employers in this state must continually upgrade
12 the job skills of their employees, and these "incumbent
13 workers" must be trained for career advancement, and
14 WHEREAS, small businesses provide entry-level
15 employment opportunities for many Floridians, yet the owners
16 of small businesses have limited resources for employee
17 recruitment or training, and
18 WHEREAS, more than $4.6 billion is spent annually for
19 workforce programs through seven separate Florida agencies,
20 yet there is no focal point of accountability for system
21 performance, and
22 WHEREAS, the multiple and overlapping state and local
23 administrative structures associated with workforce and
24 welfare-reform efforts in this state have fragmented
25 accountability, wasted money, and frustrated efforts to
26 integrate workforce activities at the point of service, and
27 WHEREAS, it is the intent of the Florida Legislature
28 that this act create an environment in which families in this
29 state can achieve economic self-sufficiency through
30 employment, and
31
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1 WHEREAS, it is the intent of the Florida Legislature
2 that this act enable Florida employers to meet their needs for
3 qualified, motivated employees, and
4 WHEREAS, it is the intent of the Florida Legislature
5 that this act encourage the continued growth of Florida's
6 economy by developing and retaining a highly skilled and
7 flexible workforce, NOW, THEREFORE,
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 445.001, Florida Statutes, is
12 created to read:
13 445.001 Short title.--This chapter may be cited as the
14 "Workforce Innovation Act of 2000."
15 Section 2. Section 445.002, Florida Statutes, is
16 created to read:
17 445.002 Definitions.--As used in this chapter, the
18 term:
19 (1) "Department" means the Department of Management
20 Services.
21 (2) "Services and one-time payments" or "services,"
22 when used in reference to individuals who are not receiving
23 temporary cash assistance, means nonrecurrent, short-term
24 benefits designed to deal with a specific crisis situation or
25 episode of need and other services; work subsidies; supportive
26 services such as child care and transportation; services such
27 as counseling, case management, peer support, and child care
28 information and referral; transitional services, job
29 retention, job advancement, and other employment-related
30 services; nonmedical treatment for substance abuse or mental
31 health problems; teen-pregnancy prevention; two-parent family
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1 support, including noncustodial parent employment;
2 court-directed supervised visitation, and
3 responsible-fatherhood services; and any other services that
4 are reasonably calculated to further the purposes of the
5 welfare-transition program. Such terms do not include
6 assistance as defined in federal regulations at 45 C.F.R. s.
7 260.31(a).
8 (3) "Welfare-transition services" means those
9 workforce services provided to current or former recipients of
10 temporary cash assistance under chapter 414.
11 Section 3. Section 288.9956, Florida Statutes, is
12 transferred, renumbered as section 445.003, Florida Statutes,
13 and amended to read:
14 445.003 288.9956 Implementation of the federal
15 Workforce Investment Act of 1998.--
16 (1) WORKFORCE INVESTMENT ACT PRINCIPLES.--The state's
17 approach to implementing the federal Workforce Investment Act
18 of 1998, Pub. L. No. 105-220, should have six elements:
19 (a) Streamlining Services.--Florida's employment and
20 training programs must be coordinated and consolidated at
21 locally managed one-stop delivery system Career centers.
22 (b) Empowering Individuals.--Eligible participants
23 will make informed decisions, choosing the qualified training
24 program that best meets their needs.
25 (c) Universal Access.--Through a one-stop delivery
26 system Career Centers, every Floridian will have access to
27 employment services.
28 (d) Increased Accountability.--The state, localities,
29 and training providers will be held accountable for their
30 performance.
31
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1 (e) Local Board and Private Sector Leadership.--Local
2 boards will focus on strategic planning, policy development,
3 and oversight of the local system, choosing local managers to
4 direct the operational details of their one-stop delivery
5 system center Career Centers.
6 (f) Local Flexibility and Integration.--Localities
7 will have exceptional flexibility to build on existing
8 reforms. Unified planning will free local groups from
9 conflicting micromanagement, while waivers and WorkFlex will
10 allow local innovations.
11 (2) FIVE-YEAR PLAN.--The Workforce Florida, Inc.,
12 Development Board shall prepare and submit a 5-year plan,
13 which includes secondary vocational education, to fulfill the
14 early implementation requirements of Pub. L. No. 105-220 and
15 applicable state statutes. Mandatory federal partners and
16 optional federal partners, including the WAGES Program State
17 Board of Directors, shall be fully involved in designing the
18 plan's one-stop delivery Career Center system strategy. The
19 plan shall detail a process to clearly define each program's
20 statewide duties and role relating to the system. Any optional
21 federal partner may immediately choose to fully integrate its
22 program's plan with this plan, which shall, notwithstanding
23 any other state provisions, fulfill all their state planning
24 and reporting requirements as they relate to the one-stop
25 delivery system Career Centers. The plan shall detail a
26 process that would fully integrate all federally mandated and
27 optional partners by the second year of the plan. All optional
28 federal program partners in the planning process shall be
29 mandatory participants in the second year of the plan.
30 (3) FUNDING.--
31
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1 (a) Title I, Workforce Investment Act of 1998 funds;
2 Wagner-Peyser funds; and NAFTA/Trade Act funds will be
3 expended based on the Workforce Development Board's 5-year
4 plan of Workforce Florida, Inc. The plan shall outline and
5 direct the method used to administer and coordinate various
6 funds and programs that are operated by various agencies. The
7 following provisions shall also apply to these funds:
8 1. At least 50 percent of the Title I funds for Adults
9 and Dislocated Workers that are passed through to regional
10 workforce development boards shall be allocated to Individual
11 Training Accounts unless a regional workforce development
12 board obtains a waiver from the Workforce Florida, Inc.
13 Development Board. Tuition, fees, and performance-based
14 incentive awards paid in compliance with Florida's
15 Performance-Based Incentive Fund Program qualify as an
16 Individual Training Account expenditure, as do other programs
17 developed by regional workforce development boards in
18 compliance with the Workforce Development Board's policies of
19 Workforce Florida, Inc.
20 2. Fifteen percent of Title I funding shall be
21 retained at the state level and shall be dedicated to state
22 administration and used to design, develop, induce, and fund
23 innovative Individual Training Account pilots, demonstrations,
24 and programs. Of such funds retained at the state level, $2
25 million shall be reserved for the Incumbent Worker Training
26 Program, created under subparagraph 3. Eligible state
27 administration costs include the costs of: funding for of the
28 Workforce Development board and Workforce Development Board's
29 staff of Workforce Florida, Inc.; operating fiscal,
30 compliance, and management accountability systems through the
31 Workforce Florida, Inc. Development Board; conducting
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1 evaluation and research on workforce development activities;
2 and providing technical and capacity building assistance to
3 regions at the direction of the Workforce Florida, Inc.
4 Development Board. Notwithstanding s. 288.9952, such
5 administrative costs shall not exceed 25 percent of these
6 funds. An amount not to exceed 75 Seventy percent of these
7 funds shall be allocated to Individual Training Accounts and
8 other workforce-development strategies for: the Minority
9 Teacher Education Scholars program, the Certified Teacher-Aide
10 program, the Self-Employment Institute, and other training
11 Individual Training Accounts designed and tailored by the
12 Workforce Florida, Inc. Development Board, including, but not
13 limited to, programs for incumbent workers, displaced
14 homemakers, nontraditional employment, empowerment zones, and
15 enterprise zones. The Workforce Florida, Inc., Development
16 Board shall design, adopt, and fund Individual Training
17 Accounts for distressed urban and rural communities. The
18 remaining 5 percent shall be reserved for the Incumbent Worker
19 Training Program.
20 3. The Incumbent Worker Training Program is created
21 for the purpose of providing grant funding for continuing
22 education and training of incumbent employees at existing
23 Florida businesses. The program will provide reimbursement
24 grants to businesses that pay for preapproved, direct,
25 training-related costs.
26 a. The Incumbent Worker Training Program will be
27 administered by a private business organization, known as the
28 grant administrator, under contract with the Workforce
29 Florida, Inc. Development Board. Workforce Florida, Inc., at
30 its discretion, may contract with a private business
31 organization to serve as grant administrator.
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1 b. To be eligible for the program's grant funding, a
2 business must have been in operation in Florida for a minimum
3 of 1 year prior to the application for grant funding; have at
4 least one full-time employee; demonstrate financial viability;
5 and be current on all state tax obligations. Priority for
6 funding shall be given to businesses with 25 employees or
7 fewer, businesses in rural areas, businesses in distressed
8 inner-city areas, businesses in a qualified targeted industry,
9 or businesses whose grant proposals represent a significant
10 upgrade in employee skills, or businesses whose grant
11 proposals represent a significant layoff-avoidance strategy.
12 c. All costs reimbursed by the program must be
13 preapproved by the grant administrator. The program will not
14 reimburse businesses for trainee wages, the purchase of
15 capital equipment, or the purchase of any item or service that
16 may possibly be used outside the training project. A business
17 approved for a grant may be reimbursed for preapproved,
18 direct, training-related costs including tuition and fees;
19 books and classroom materials; and overhead or indirect
20 administrative costs not to exceed 5 percent of the grant
21 amount.
22 d. A business that is selected to receive grant
23 funding must provide a matching contribution to the training
24 project, including but not limited to, wages paid to trainees
25 or the purchase of capital equipment used in the training
26 project; must sign an agreement with the grant administrator
27 to complete the training project as proposed in the
28 application; must keep accurate records of the project's
29 implementation process; and must submit monthly or quarterly
30 reimbursement requests with required documentation.
31
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1 e. All Incumbent Worker Training Program grant
2 projects shall be performance-based with specific measurable
3 performance outcomes, including completion of the training
4 project and job retention. The grant administrator shall
5 withhold the final payment to the grantee until a final grant
6 report is submitted and all performance criteria specified in
7 the grant contract have been achieved.
8 f. The Workforce Florida, Inc., may Development Board
9 is authorized to establish guidelines necessary to implement
10 the Incumbent Worker Training Program.
11 g. No more than 10 percent of the Incumbent Worker
12 Training Program's total appropriation may be used for
13 overhead or indirect administrative purposes.
14 h. The grant administrator shall is required to submit
15 a report to the Workforce Florida, Inc., Development Board and
16 the Legislature on the financial and general operations of the
17 Incumbent Worker Training Program. Such report will be due
18 before October December 1 of any fiscal year for which the
19 program is funded by the Legislature.
20 4. At least 50 percent of Rapid Response funding shall
21 be dedicated to Intensive Services Accounts and Individual
22 Training Accounts for dislocated workers and incumbent workers
23 who are at risk of dislocation. The Workforce Florida, Inc.,
24 Development Board shall also maintain an Emergency
25 Preparedness Fund from Rapid Response funds which will
26 immediately issue Intensive Service Accounts and Individual
27 Training Accounts as well as other federally authorized
28 assistance to eligible victims of natural or other disasters.
29 At the direction of the Governor, for events that qualify
30 under federal law, these Rapid Response funds shall be
31 released to regional workforce development boards for
28
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1 immediate use. Funding shall also be dedicated to maintain a
2 unit at the state level to respond to Rapid Response
3 emergencies around the state, to work with state emergency
4 management officials, and to work with regional workforce
5 development boards. All Rapid Response funds must be expended
6 based on a plan developed by the Workforce Florida, Inc.,
7 Development Board and approved by the Governor.
8 (b) The administrative entity for Title I, Workforce
9 Investment Act of 1998 funds, and Rapid Response activities,
10 will be determined by the Workforce Florida, Inc. Development
11 Board, except that the administrative entity for Rapid
12 Response for fiscal year 1999-2000 must be the Department of
13 Labor and Employment Security. The administrative entity will
14 provide services through a contractual agreement with the
15 Workforce Florida, Inc. Development Board. The terms and
16 conditions of the agreement may include, but are not limited
17 to, the following:
18 1. All policy direction to regional workforce
19 development boards regarding Title I programs and Rapid
20 Response activities shall emanate from the administrative
21 entity pursuant to the direction of Workforce Florida, Inc.
22 Development Board.
23 2. Unless otherwise provided for by contract with
24 Workforce Florida, Inc., administrative and personnel policies
25 of the administrative entity shall apply.
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
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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 3.4. State Career Service employees in the Department
6 of Labor and Employment Security may be leased or assigned to
7 the 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
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1 (5) The Department of Labor and Employment Security
2 shall phase-down JTPA duties before the federal program is
3 abolished July 1, 2000. Outstanding accounts and issues shall
4 be completed prior to transfer to the Department of Management
5 Services promptly closed out after this date.
6 (6) LONG-TERM CONSOLIDATION OF WORKFORCE
7 DEVELOPMENT.--
8 (a) The Workforce Florida, Inc., Development Board may
9 recommend workforce-related divisions, bureaus, units,
10 programs, duties, commissions, boards, and councils that can
11 be eliminated, consolidated, or privatized.
12 (b) By December 31, 1999, the Office of Program Policy
13 Analysis and Government Accountability shall review the
14 workforce development system, identifying divisions, bureaus,
15 units, programs, duties, commissions, boards, and councils
16 that could be eliminated, consolidated, or privatized. The
17 office shall submit preliminary findings by December 31, 1999,
18 and its final report and recommendations by January 31, 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
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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. The Legislature
18 determines, however, that public policy dictates that
19 Workforce Florida, Inc., operate in the most open and
20 accessible manner consistent with its public purpose. To this
21 end, the Legislature specifically declares that Workforce
22 Florida, Inc., its board, its councils, and any advisory
23 committees or similar groups created by Workforce Florida,
24 Inc., are subject to the provisions of chapter 119 relating to
25 public records, and those provisions of chapter 286 relating
26 to public meetings public-private Workforce Development Board.
27 (2) Workforce Florida, Inc., is the principal
28 workforce organization for the state. The purpose of the
29 Workforce Florida, Inc., Development Board is to design and
30 implement strategies that help Floridians enter, remain in,
31 and advance in the workplace, becoming more highly skilled and
32
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1 successful, benefiting these Floridians, Florida businesses,
2 and the entire state, and to assist in developing the state's
3 business climate.
4 (3)(2)(a) The Workforce Florida, Inc., Development
5 Board shall be governed by a 25-voting-member board of
6 directors whose membership and appointment must be consistent
7 with Pub. L. No. 105-220, Title I, s. 111(b), and contain five
8 three representatives of organized labor. Notwithstanding s.
9 114.05(1)(f) s. 114.05(f), the Governor may appoint members of
10 the current Workforce Development Board or the WAGES Program
11 State Board of Directors, established pursuant to chapter
12 96-175, Laws of Florida, to serve on the reconstituted board
13 as required by this section. By July 1, 2000 June 1, 1999, the
14 Workforce Development Board will provide to the Governor a
15 transition plan to incorporate the changes required by this
16 act and Pub. L. No. 105-220, specifying the timeframe and
17 manner of changes to the board. This plan shall govern the
18 transition, unless otherwise notified by the Governor. The
19 importance of minority and gender representation shall be
20 considered when making appointments to the board and the
21 geographic representation of board members shall also be
22 considered. Additional members may be appointed when necessary
23 to conform to the requirements of Pub. L. No. 105-220.
24 (b) The board of directors of the Workforce Florida,
25 Inc., Development Board shall be chaired by a board member
26 designated by the Governor pursuant to Pub. L. No. 105-220.
27 (c) Private-sector members appointed by the Governor
28 must be appointed for 4-year, staggered terms. Public-sector
29 members appointed by the Governor must be appointed to 4-year
30 terms. One-third of all representatives of businesses
31 required to be appointed by the Governor pursuant to Pub. L.
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1 No. 105-220, must be recommended by the President of the
2 Senate from leaders nominated by statewide business
3 organizations. One-third of all representatives of businesses
4 required to be appointed by the Governor pursuant to Pub. L.
5 No. 105-220, must be recommended by the Speaker of the House
6 of Representatives from leaders nominated by statewide
7 business organizations. Members appointed by the Governor
8 serve at the pleasure of the Governor.
9 (d) The Governor shall appoint members to the board of
10 directors of the Workforce Florida, Inc., Development Board
11 within 30 days after the receipt of nominations.
12 (e) A member of the board of directors of the
13 Workforce Florida, Inc., Development Board may be removed by
14 the Governor for cause. Absence from three consecutive
15 meetings results in automatic removal. The chairperson chair
16 of the Workforce Florida, Inc., Development Board shall notify
17 the Governor of such absences.
18 (f) Representatives of businesses appointed to the
19 board of directors may not include providers of workforce
20 services.
21 (4)(3)(a) The president of the Workforce Florida,
22 Inc., Development Board shall be hired by the board of
23 directors of Workforce president of Enterprise Florida, Inc.,
24 and shall serve in the capacity of an executive director and
25 secretary of the Workforce Florida, Inc. Development Board.
26 (b) The board of directors of the Workforce Florida,
27 Inc., Development Board shall meet at least quarterly and at
28 other times upon call of its chairperson chair.
29 (c) A majority of the total current membership of the
30 board of directors of the Workforce Florida, Inc., Development
31 Board comprises a quorum of the board.
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1 (d) A majority of those voting is required to organize
2 and conduct the business of the Workforce Development board,
3 except that a majority of the entire board of directors of the
4 Workforce Development Board is required to adopt or amend the
5 operational plan.
6 (e) Except as delegated or authorized by the board of
7 directors of the Workforce Florida, Inc. Development Board,
8 individual members have no authority to control or direct the
9 operations of the Workforce Florida, Inc., Development Board
10 or the actions of its officers and employees, including the
11 president.
12 (f) The board of directors of the Workforce
13 Development Board may delegate to its president those powers
14 and responsibilities it deems appropriate.
15 (f)(g) Members of the board of directors of the
16 Workforce Florida, Inc., Development Board and its committees
17 shall serve without compensation, but these members, the
18 president, and all employees of the Workforce Florida, Inc.,
19 Development Board may be reimbursed for all reasonable,
20 necessary, and actual expenses, as determined by the board of
21 directors of Enterprise Florida, Inc.
22 (g)(h) The board of directors of the Workforce
23 Florida, Inc., Development Board may establish an executive
24 committee consisting of the chair and at least two additional
25 board members selected by the board of directors. The
26 executive committee and the president shall have such
27 authority as the board of directors of the Workforce
28 Development Board delegates to it, except that the board of
29 directors may not delegate to the executive committee
30 authority to take action that requires approval by a majority
31 of the entire board of directors.
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1 (h)(i) The chairperson board of directors of the
2 Workforce Development Board may appoint committees to fulfill
3 its responsibilities, to comply with federal requirements, or
4 to obtain technical assistance, and must incorporate members
5 of regional workforce development boards into its structure.
6 At a minimum, the chairperson shall establish the following
7 standing committees: the First Jobs/First Wages Council, the
8 Better Jobs/Better Wages Council, and the High Skills/High
9 Wages Council. For purposes of Pub. L. No. 105-220, the First
10 Jobs/First Wages Council shall serve as the state's youth
11 council.
12 (i)(j) Each member of the board of directors of the
13 Workforce Development Board who is not otherwise required to
14 file a financial disclosure pursuant to s. 8, Art. II of the
15 State Constitution or s. 112.3144 must file disclosure of
16 financial interests pursuant to s. 112.3145.
17 (5)(4) The Workforce Florida, Inc., Development Board
18 shall have all the powers and authority, not explicitly
19 prohibited by statute, necessary or convenient to carry out
20 and effectuate the purposes as determined by statute, Pub. L.
21 No. 105-220, and the Governor, as well as its functions,
22 duties, and responsibilities, including, but not limited to,
23 the following:
24 (a) Serving as the state's Workforce Investment Board
25 pursuant to Pub. L. No. 105-220. Unless otherwise required by
26 federal law, at least 90 percent of the workforce development
27 funding must go into direct customer service costs. Of the
28 allowable administrative overhead, appropriate amounts shall
29 be expended to procure independent job-placement evaluations.
30 (b) Supervising the administration of the following
31 programs:
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1 1. Programs authorized under Title I of the Workforce
2 Investment Act of 1998, Pub. L. No. 105-220, with the
3 exception of programs funded directly by the United States
4 Department of Labor under Title I, s. 167.
5 2. Programs authorized under the Wagner-Peyser Act of
6 1933, as amended, 29 U.S.C. ss. 49 et seq.
7 3. Welfare-to-work grants administered by the United
8 States Department of Labor under Title IV, s. 403, of the
9 Social Security Act, as amended.
10 4. Activities authorized under Title II of the Trade
11 Act of 1974, as amended; 2 U.S.C. ss. 2271 et seq.; and the
12 Trade Adjustment Assistance Program.
13 5. Activities authorized under 38 U.S.C., chapter 41,
14 including job counseling, training, and placement for
15 veterans.
16 6. Employment and training activities carried out
17 under the Community Services Block Grant Act, 42 U.S.C. ss.
18 9901 et seq.
19 7. Employment and training activities carried out
20 under funds awarded to this state by the United States
21 Department of Housing and Urban Development.
22 8. Welfare-transition services funded by the Temporary
23 Assistance for Needy Families Program, created under the
24 Personal Responsibility and Work Opportunity Reconciliation
25 Act of 1996, as amended, Pub. L. No. 104-193, and Title IV, s.
26 403, of the Social Security Act, as amended.
27 9. Apprenticeship services, provided under ss.
28 446.011-446.092.
29 10. Displaced homemaker programs, provided under s.
30 446.50.
31
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1 11. The Florida Bonding Program, provided under Pub.
2 L. No. 97-300, s. 164(a)(1).
3 12. The Food Stamp Employment and Training Program,
4 provided under the Food Stamp Act of 1977, U.S.C. ss.
5 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
6 and the Hunger Prevention Act, Pub. L. No. 100-435.
7 13. The Quick-Response Training Program, provided
8 under ss. 288.046-288.047.
9 14. The Work Opportunity Tax Credit, provided under
10 the Tax and Trade Relief Extension Act of 1998, Pub. L. No.
11 105-277, and the Taxpayer Relief Act of 1997, Pub. L. 105-34.
12 15. Offender-placement services, provided under ss.
13 944.707-944.708.
14 16. Programs authorized under the National and
15 Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,
16 and the Service-America programs, the National Service Trust
17 programs, the Civilian Community Corps, the Corporation for
18 National and Community Service, the American Conservation and
19 Youth Service Corps, and the Points of Light Foundation
20 programs, if such programs are awarded to the state.
21 17. Other programs funded by federal or state
22 appropriations, as determined by the Legislature in the
23 General Appropriations Act or by law.
24 (c)(b) Contracting with public and private entities as
25 necessary to further the directives of this section. All
26 contracts executed by Workforce Florida, Inc., must include
27 specific performance expectations and deliverables., except
28 that any contract made with an organization represented on the
29 board of directors of Enterprise Florida, Inc., or on the
30 board of directors of the Workforce Development Board must be
31 approved by a two-thirds vote of the entire board of directors
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1 of the Workforce Development Board, and, if applicable, the
2 board member representing such organization shall abstain from
3 voting. No more than 65 percent of the dollar value of all
4 contracts or other agreements entered into in any fiscal year,
5 exclusive of grant programs, shall be made with an
6 organization represented on the board of directors of
7 Enterprise Florida, Inc., or the board of directors of the
8 Workforce Development Board. An organization represented on
9 the board of directors of the Workforce Development Board or
10 on the board of directors of Enterprise Florida, Inc., may not
11 enter into a contract to receive a state-funded economic
12 development incentive or similar grant unless such incentive
13 award is specifically endorsed by a two-thirds vote of the
14 entire board of directors of the Workforce Development Board.
15 The member of the board of directors of the Workforce
16 Development Board representing such organization, if
17 applicable, shall abstain from voting and refrain from
18 discussing the issue with other members of the board. No more
19 than 50 percent of the dollar value of grants issued by the
20 board in any fiscal year may go to businesses associated with
21 members of the board of directors of the Workforce Development
22 Board.
23 (c) Providing an annual report to the board of
24 directors of Enterprise Florida, Inc., by November 1 that
25 includes a copy of an annual financial and compliance audit of
26 its accounts and records conducted by an independent certified
27 public accountant and performed in accordance with rules
28 adopted by the Auditor General.
29 (d) Notifying the Governor, the President of the
30 Senate, and the Speaker of the House of Representatives of
31 noncompliance by agencies or obstruction of the board's
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1 efforts by agencies. Upon such notification, the Executive
2 Office of the Governor shall assist agencies to bring them
3 into compliance with board objectives.
4 (e) Ensuring that the state does not waste valuable
5 training resources. Thus, the board shall direct that all
6 resources, including equipment purchased for training
7 Workforce Investment Act clients, be available for use at all
8 times by eligible populations as first priority users. At
9 times when eligible populations are not available, such
10 resources shall be used for any other state authorized
11 education and training purpose.
12 (f) Archiving records with the Bureau of Archives and
13 Records Management of the Division of Library and Information
14 Services of the Department of State.
15 (5) Notwithstanding s. 216.351, to allow time for
16 documenting program performance, funds allocated for the
17 incentives in s. 239.249 must be carried forward to the next
18 fiscal year and must be awarded for the current year's
19 performance, unless federal law requires the funds to revert
20 at the year's end.
21 (6) The Workforce Florida, Inc., Development Board may
22 take action that it deems necessary to achieve the purposes of
23 this section, including, but not limited to: and consistent
24 with the policies of the board of directors of Enterprise
25 Florida, Inc., in partnership with private enterprises, public
26 agencies, and other organizations. The Workforce Development
27 Board shall advise and make recommendations to the board of
28 directors of Enterprise Florida, Inc., and through that board
29 of directors to the State Board of Education and the
30 Legislature concerning action needed to bring about the
31
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1 following benefits to the state's social and economic
2 resources:
3 (a) Creating a state employment, education, and
4 training policy that ensures that programs to prepare workers
5 are responsive to present and future business and industry
6 needs and complement the initiatives of Enterprise Florida,
7 Inc.
8 (b) Establishing a funding system that provides
9 incentives to improve the outcomes of vocational education
10 programs, and of registered apprenticeship and work-based
11 learning programs, and that focuses resources on occupations
12 related to new or emerging industries that add greatly to the
13 value of the state's economy.
14 (c) Implementing a comprehensive approach to the
15 education and training of target populations such as those who
16 have disabilities, are economically disadvantaged, receive
17 public assistance, are not proficient in English, or are
18 dislocated workers. This approach should ensure the effective
19 use of federal, state, local, and private resources in
20 reducing the need for public assistance.
21 (d) Designating The designation of Institutes of
22 Applied Technology composed of public and private
23 postsecondary institutions working together with business and
24 industry to ensure that technical and vocational education
25 programs use the most advanced technology and instructional
26 methods available and respond to the changing needs of
27 business and industry. Of the funds reserved for activities of
28 the Workforce Investment Act at the state level, $500,000
29 shall be reserved for an institute of applied technology in
30 construction excellence, which shall be a demonstration
31 project on the development of such institutes. The institute,
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1 once established, shall contract with the Workforce
2 Development Board to provide a coordinated approach to
3 workforce development in this industry.
4 (e) Implementing a system to project and evaluate
5 labor market supply and demand using the results of the
6 Workforce Estimating Occupational Forecasting Conference
7 created in s. 216.136 and the career education performance
8 standards identified under s. 239.233.
9 (f) Reviewing A review of the performance of public
10 programs that are responsible for economic development,
11 education, employment, and training. The review must include
12 an analysis of the return on investment of these programs.
13 (g) Expanding the occupations identified by the
14 Workforce Estimating Conference to meet needs created by local
15 emergencies or plant closings or to capture occupations within
16 emerging industries.
17 (7) By December 1 of each year, Workforce Enterprise
18 Florida, Inc., shall submit to the Governor, the President of
19 the Senate, the Speaker of the House of Representatives, the
20 Senate Minority Leader, and the House Minority Leader a
21 complete and detailed annual report by the Workforce
22 Development Board setting forth:
23 (a) All audits, including the audit in subsection (8),
24 if conducted.
25 (b) The operations and accomplishments of the
26 partnership including the programs or entities listed in
27 subsection (6).
28 (8) The Auditor General may, pursuant to his or her
29 own authority or at the direction of the Legislative Auditing
30 Committee, conduct an audit of the Workforce Florida, Inc.,
31
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1 Development Board or the programs or entities created by the
2 Workforce Florida, Inc. Development Board.
3 (9) The Workforce Florida, Inc. Development Board, in
4 collaboration with the regional workforce development boards
5 and appropriate state agencies and local public and private
6 service providers, and in consultation with the Office of
7 Program Policy Analysis and Government Accountability, shall
8 establish uniform measures and standards to gauge the
9 performance of the workforce development strategy. These
10 measures and standards must be organized into three outcome
11 tiers.
12 (a) The first tier of measures must be organized to
13 provide benchmarks for systemwide outcomes. The Workforce
14 Florida, Inc., Development Board must, in collaboration with
15 the Office of Program Policy Analysis and Government
16 Accountability, establish goals for the tier-one outcomes.
17 Systemwide outcomes may include employment in occupations
18 demonstrating continued growth in wages; continued employment
19 after 3, 6, 12, and 24 months; reduction in and elimination of
20 public assistance reliance; job placement; employer
21 satisfaction; and positive return on investment of public
22 resources.
23 (b) The second tier of measures must be organized to
24 provide a set of benchmark outcomes for the initiatives of the
25 First Jobs/First Wages Council, the Better Jobs/Better Wages
26 Council, and the High Skills/High Wages Council one-stop
27 Career Centers and for each of the strategic components of the
28 workforce development strategy. A set of standards and
29 measures must be developed for one-stop Career Centers, youth
30 employment activities, WAGES, and High Skills/High Wages,
31 targeting the specific goals of each particular strategic
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1 component. Cost per entered employment, earnings at placement,
2 retention in employment, job placement, and entered employment
3 rate must be included among the performance outcome measures.
4 1. Appropriate measures for one-stop Career Centers
5 may include direct job placements at minimum wage, at a wage
6 level established by the Occupational Forecasting Conference,
7 and at a wage level above the level established by the
8 Occupational Forecasting Conference.
9 2. Appropriate measures for youth employment
10 activities may include the number of students enrolling in and
11 completing work-based programs, including apprenticeship
12 programs; job placement rate; job retention rate; wage at
13 placement; and wage growth.
14 3. WAGES measures may include job placement rate, job
15 retention rate, wage at placement, wage growth, reduction and
16 elimination of reliance on public assistance, and savings
17 resulting from reduced reliance on public assistance.
18 4. High Skills/High Wages measures may include job
19 placement rate, job retention rate, wage at placement, and
20 wage growth.
21 (c) The third tier of measures must be the operational
22 output measures to be used by the agency implementing
23 programs, and it may be specific to federal requirements. The
24 tier-three measures must be developed by the agencies
25 implementing programs, and the Workforce Florida, Inc.,
26 Development Board may be consulted in this effort. Such
27 measures must be reported to the Workforce Florida, Inc.,
28 Development Board by the appropriate implementing agency.
29 (d) Regional differences must be reflected in the
30 establishment of performance goals and may include job
31 availability, unemployment rates, average worker wage, and
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1 available employable population. All performance goals must be
2 derived from the goals, principles, and strategies established
3 in the Workforce Florida Act of 1996.
4 (e) Job placement must be reported pursuant to s.
5 229.8075. Positive outcomes for providers of education and
6 training must be consistent with ss. 239.233 and 239.245.
7 (f) The uniform measures of success that are adopted
8 by the Workforce Florida, Inc., Development Board or the
9 regional workforce development boards must be developed in a
10 manner that provides for an equitable comparison of the
11 relative success or failure of any service provider in terms
12 of positive outcomes.
13 (g) By December 1 October 15 of each year, the
14 Workforce Florida, Inc., Development Board shall provide the
15 Legislature with a report detailing the performance of
16 Florida's workforce development system, as reflected in the
17 three-tier measurement system. Additionally, this report must
18 benchmark Florida outcomes, at all tiers, against other states
19 that collect data similarly.
20 (10) The workforce-development strategy for the state
21 shall be designed by Workforce Florida, Inc., and shall be
22 centered around the strategies of First Jobs/First Wages,
23 Better Jobs/Better Wages, and High Skills/High Wages.
24 (a) First Jobs/First Wages is the state's strategy to
25 promote successful entry into the workforce through education
26 and workplace experience that lead to self-sufficiency and
27 career advancement. The components of the strategy include
28 efforts that enlist business, education, and community support
29 for students to achieve long-term career goals, ensuring that
30 young people have the academic and occupational skills
31 required to succeed in the workplace.
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1 (b) Better Jobs/Better Wages is the state's strategy
2 for assisting employers in upgrading or updating the skills of
3 their employees and for assisting incumbent workers in
4 improving their performance in their current jobs or acquiring
5 the education or training needed to secure a better job with
6 better wages.
7 (c) High Skills/High Wages is the state's strategy for
8 aligning education and training programs with high-paying,
9 high-demand occupations that advance individuals' careers,
10 build a more skilled workforce, and enhance Florida's efforts
11 to attract and expand job-creating business.
12 (11) The workforce development system shall use a
13 charter-process approach aimed at encouraging local design and
14 control of service delivery and targeted activities. Workforce
15 Florida, Inc., shall be responsible for granting charters to
16 regional workforce boards that have a membership consistent
17 with the requirements of federal and state law and that have
18 developed a plan consistent with the state's
19 workforce-development strategy. The plan must specify methods
20 for allocating the resources and programs in a manner that
21 eliminates unwarranted duplication, minimizes administrative
22 costs, meets the existing job-market demands and the
23 job-market demands resulting from successful
24 economic-development activities, ensures access to quality
25 workforce-development services for all Floridians, and
26 maximizes successful outcomes. As part of the charter process,
27 Workforce Florida, Inc., shall establish incentives for
28 effective coordination of federal and state programs, outline
29 rewards for successful job placements, and institute
30 collaborative approaches among local service providers. Local
31
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1 decisionmaking and control shall be important components for
2 inclusion in this charter application.
3 Section 5. Section 445.005, Florida Statutes, is
4 created to read:
5 445.005 First Jobs/First Wages, Better Jobs/Better
6 Wages, and High Skills/High Wages Councils of Workforce
7 Florida, Inc.--
8 (1) The chairperson of Workforce Florida, Inc., shall
9 establish by October 1, 2000, and shall maintain at least
10 until September 30, 2002, three standing councils, which shall
11 be known as the First Jobs/First Wages Council, the Better
12 Jobs/Better Wages Council, and the High Skills/High Wages
13 Council.
14 (a) The chairperson of Workforce Florida, Inc., shall
15 determine the number of members to serve on each council.
16 (b) Each council shall be composed of individuals
17 appointed by the chairperson of Workforce Florida, Inc., from
18 the membership of the board of directors and individuals from
19 outside Workforce Florida, Inc., who possess relevant
20 experience or expertise in the subject area of the council. A
21 majority of the membership of each council must be members of
22 the board of directors of Workforce Florida, Inc.
23 (c) The chairperson of Workforce Florida, Inc., shall
24 name a chairperson for each council from among the members of
25 the council who are also members of the board of directors.
26 (d) Each council may meet at the call of its
27 chairperson or at the direction of the board of directors of
28 Workforce Florida, Inc., but shall meet at least quarterly.
29 (2) The First Jobs/First Wages Council shall develop
30 strategies for approval by the board of directors of Workforce
31 Florida, Inc., which promote the successful entry of
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1 individuals, including young people and adults working for the
2 first time, into the workforce. The council shall advise the
3 board of directors and make recommendations on implementing
4 programs and expending funds in support of such youth
5 workforce strategies. The council shall serve as the state's
6 youth council for purposes of Pub. L. No. 105-220.
7 (3) The Better Jobs/Better Wages Council shall develop
8 strategies for approval by the board of directors of Workforce
9 Florida, Inc., which promote the ability of adult workers to
10 build careers by obtaining and retaining jobs with potential
11 for advancement over time. The mission of the council includes
12 developing strategies that promote the ability of participants
13 in the welfare-transition program to succeed in the workforce
14 and avoid a return to dependence upon cash assistance from the
15 government. The council shall advise the board of directors
16 and make recommendations on implementing programs and
17 expending funds in support of such adult workforce strategies.
18 (4) The High Skills/High Wages Council shall develop
19 strategies for approval by the board of directors of Workforce
20 Florida, Inc., which align the education and training programs
21 with high-paying, high-demand occupations that advance
22 individuals' careers, build a more skilled workforce, and
23 enhance the state's efforts to attract and expand job-creating
24 businesses. The council shall advise the board of directors
25 and make recommendations on implementing programs and
26 expending funds in support of such high-skills/high-wages
27 strategies.
28 (5) Prior to the 2002 legislative session, the board
29 of directors of Workforce Florida, Inc., shall report to the
30 Governor, the President of the Senate, and the Speaker of the
31 House of Representatives on the contribution of the councils
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1 toward fulfilling the goals of Workforce Florida, Inc. The
2 report must include recommendations on whether the councils
3 should be continued and on any proposed legislative action
4 concerning the councils.
5 Section 6. Section 445.006, Florida Statutes, is
6 created to read:
7 445.006 Strategic plan for workforce development.--
8 (1) Workforce Florida, Inc., in conjunction with state
9 and local partners in the workforce system, shall develop a
10 strategic plan for workforce, with the goal of producing
11 skilled employees for employers in the state. The strategic
12 plan shall be submitted to the Governor, the President of the
13 Senate, and the Speaker of the House of Representatives by
14 February 1, 2001. The strategic plan shall be updated or
15 modified by January 1 of each year thereafter, unless the
16 board of directors of Workforce Florida, Inc., determines that
17 updates or modifications are not necessary, in which case
18 Workforce Florida, Inc., shall notify the Governor, the
19 President of the Senate, and the Speaker of the House of
20 Representatives of such determination. The plan must include,
21 but need not be limited to, strategies for:
22 (a) Fulfilling the workforce system goals and
23 strategies prescribed in s. 445.004;
24 (b) Aggregating, integrating, and leveraging workforce
25 system resources;
26 (c) Coordinating the activities of federal, state, and
27 local workforce system partners;
28 (d) Addressing the workforce needs of small
29 businesses; and
30 (e) Fostering the participation of rural communities
31 and distressed urban cores in the workforce system.
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1 (2) As a component of the strategic plan required
2 under this section, Workforce Florida, Inc., shall develop a
3 workforce marketing plan, with the goal of educating
4 individuals inside and outside the state about the employment
5 market and employment conditions in the state. The marketing
6 plan must include, but need not be limited to, strategies for:
7 (a) Distributing information to secondary and
8 postsecondary education institutions about the diversity of
9 businesses in the state, specific clusters of businesses or
10 business sectors in the state, and occupations by industry
11 which are in demand by employers in the state;
12 (b) Distributing information about and promoting use
13 of the Internet-based job-matching and
14 labor-market-information system authorized under s. 445.011;
15 and
16 (c) Coordinating with Enterprise Florida, Inc., to
17 ensure that workforce marketing efforts complement the
18 economic development marketing efforts of the state.
19 (3) The strategic plan must include performance
20 measures, standards, measurement criteria, and contract
21 guidelines in the following areas with respect to participants
22 in the welfare-transition program:
23 (a) Work-participation rates, by type of activity;
24 (b) Caseload trends;
25 (c) Recidivism;
26 (d) Participation in diversion and
27 relocation-assistance programs;
28 (e) Employment retention;
29 (f) Wage growth; and
30 (g) Other issues identified by the board of directors
31 of Workforce Florida, Inc.
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1 (4) The strategic plan must include criteria for
2 allocating workforce resources to regional workforce boards.
3 With respect to allocating funds to serve customers of the
4 welfare-transition program, such criteria may include
5 weighting factors that indicate the relative degree of
6 difficulty associated with securing and retaining employment
7 placements for specific subsets of the welfare-transition
8 caseload.
9 (5)(a) The strategic plan must include a
10 performance-based payment structure to be used for all
11 welfare-transition-program customers which takes into account:
12 1. The degree of difficulty associated with placement
13 and retention;
14 2. The quality of the placement with respect to
15 salary, benefits, and opportunities for advancement; and
16 3. The employee's retention in the placement.
17 (b) The payment structure must provide that a minimum
18 of 15 percent of the total amount of the contract for services
19 be reserved until receipt of evidence of satisfactory
20 performance under the contract. The payment structure must
21 also provide for bonus payments of up to 10 percent of the
22 contract amount to providers that achieve notable success in
23 achieving contract objectives, including, but not limited to,
24 success in diverting families in which there is an adult who
25 is subject to work requirements from receiving cash assistance
26 and in achieving long-term job retention and wage growth with
27 respect to welfare-transition-program customers.
28 (6) The strategic plan must include strategies that are
29 designed to prevent or reduce the need for a person to receive
30 public assistance. These strategies must include:
31
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1 (a) A teen pregnancy prevention component that
2 includes, but is not limited to a plan for implementing the
3 Florida Education Now and Babies Later (ENABL) program under
4 s. 411.242 and the Teen Pregnancy Prevention Community
5 Initiative within each county of the services area in which
6 the teen birth rate is higher than the state average;
7 (b) A component that encourages creation of
8 community-based welfare prevention and reduction initiatives
9 that increase support provided by noncustodial parents to
10 their welfare-dependent children and are consistent with
11 program and financial guidelines developed by Workforce
12 Florida, Inc., and the Commission on Responsible Fatherhood.
13 These initiatives may include, but are not limited to,
14 improved paternity establishment, work activities for
15 noncustodial parents, programs aimed at decreasing
16 out-of-wedlock pregnancies, encouraging involvement of fathers
17 with their children including court-directed supervised
18 visitation, and increasing child support payments;
19 (c) A component that encourages formation and
20 maintenance of two-parent families through, among other
21 things, court-directed supervised visitation;
22 (d) A component that fosters responsible fatherhood in
23 families receiving assistance; and
24 (e) A component that fosters provision of services that
25 reduce the incidence and effects of domestic violence on women
26 and children in families receiving assistance.
27 Section 7. Section 288.9953, Florida Statutes, is
28 transferred, renumbered as section 445.007, Florida Statutes,
29 and amended to read:
30 445.007 288.9953 Regional Workforce Development
31 Boards.--
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1 (1) One regional workforce development board shall be
2 appointed in each designated service delivery area and shall
3 serve as the local workforce investment board pursuant to Pub.
4 L. No. 105-220. The membership of the board shall be
5 consistent with Pub. L. No. 105-220, Title I, s. 117(b), and
6 contain three representatives of organized labor. The
7 importance of minority and gender representation shall be
8 considered when making appointments to the board. If the
9 regional workforce board enters into a contract with an
10 organization or individual represented on the board of
11 directors, the contract must be approved by a two-thirds vote
12 of the entire board, and the board member who could benefit
13 financially from the transaction must abstain from voting on
14 the contract. A board member must disclose any such conflict
15 in a manner that is consistent with the procedures outlined in
16 s. 112.3143. A member of a regional workforce development
17 board may not vote on a matter under consideration by the
18 board regarding the provision of services by such member, or
19 by an entity that such member represents; vote on a matter
20 that would provide direct financial benefit to such member or
21 the immediate family of such member; or engage in any other
22 activity determined by the Governor to constitute a conflict
23 of interest as specified in the state plan.
24 (2) The Workforce Florida, Inc., Development Board
25 will determine the timeframe and manner of changes to the
26 regional workforce development boards as required by this
27 chapter act and Pub. L. No. 105-220.
28 (3) The Workforce Florida, Inc., Development Board
29 shall assign staff to meet with each regional workforce
30 development board annually to review the board's performance
31
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1 and to certify that the board is in compliance with applicable
2 state and federal law.
3 (4) In addition to the duties and functions specified
4 by the Workforce Florida, Inc., Development Board and by the
5 interlocal agreement approved by the local county or city
6 governing bodies, the regional workforce development board
7 shall have the following responsibilities:
8 (a) Develop, submit, ratify, or amend the local plan
9 pursuant to Pub. L. No. 105-220, Title I, s. 118.
10 (b) Conclude agreements necessary to designate the
11 fiscal agent and administrative entity. A public or private
12 entity, other than an entity established pursuant to s.
13 163.01, which makes a majority of the appointments to a
14 regional workforce board may not serve as the board's
15 administrative entity. Workforce Florida, Inc., may waive this
16 prohibition upon a showing that a fair and competitive process
17 was used to select the administrative entity.
18 (c) Complete assurances required for the Workforce
19 Development Board charter process of Workforce Florida, Inc.,
20 and provide ongoing oversight related to administrative costs,
21 duplicated services, career counseling, economic development,
22 equal access, compliance and accountability, and performance
23 outcomes.
24 (d) Oversee the one-stop delivery system Career
25 Centers in its local area.
26 (5) The Workforce Florida, Inc., Development Board
27 shall implement a training program for the regional workforce
28 development boards to familiarize board members with the
29 state's workforce development goals and strategies. The
30 regional workforce development board shall designate all local
31 service providers and shall not transfer this authority to a
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1 third party. In order to exercise independent oversight, the
2 regional workforce development board shall not be a direct
3 provider of intake, assessment, eligibility determinations, or
4 other direct provider services.
5 (6) Regional workforce development boards may appoint
6 local committees to obtain technical assistance on issues of
7 importance, including those issues affecting older workers.
8 (7) Each regional workforce development board shall
9 establish by October 1, 2000, and shall maintain at least
10 until September 30, 2002, a high skills/high wages committee
11 consisting of at least five private-sector business
12 representatives appointed in consultation with local chambers
13 of commerce by the primary county economic-development
14 organization within the region, as identified by Enterprise
15 Florida, Inc.; a representative of each primary county
16 economic-development organization within the region;,
17 including the regional workforce development board chair; the
18 presidents of all community colleges within the board's
19 region; those district school superintendents with authority
20 for conducting postsecondary educational programs within the
21 region; and two representatives a representative from a
22 nonpublic postsecondary educational institutions institution
23 that are is an authorized individual training account
24 providers provider within the region, appointed by the
25 chairperson of the regional workforce board. If possible, one
26 of the nonpublic educational institutions represented must be
27 accredited by the Southern Association of Colleges and
28 Schools. The business representatives appointed by the primary
29 county economic-development organizations other than the board
30 chair need not be members of the regional workforce
31 development board and shall represent those industries that
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1 are of primary importance to the region's current and future
2 economy. In a multicounty region, each primary county
3 economic-development organization within the region shall
4 appoint at least one business representative and shall consult
5 with the other primary county economic-development
6 organizations within the region to make joint appointments
7 when necessary.
8 (a) At least annually During fiscal year 1999-2000,
9 each high skills/high wages committee shall submit, quarterly,
10 recommendations to the Workforce Florida, Inc., Development
11 Board related to:
12 1. Policies to enhance the responsiveness of high
13 skills/high wages programs in its region to business and
14 economic development opportunities.
15 2. Integrated use of state education and federal
16 workforce development funds to enhance the training and
17 placement of designated population individuals with local
18 businesses and industries.
19 (b) The committees shall also make reports to
20 Workforce Florida, Inc., annually, on dates specified by
21 Workforce Florida, Inc., that identify occupations in the
22 region deemed critical to business retention, expansion, and
23 recruitment activities, based on guidelines set by Workforce
24 Florida, Inc. Such guidelines shall include research of the
25 workforce needs of private employers in the region, in
26 consultation with local chambers of commerce and
27 economic-development organizations. Occupations identified
28 pursuant to this paragraph shall be considered by Workforce
29 Florida, Inc., for inclusion in the region's targeted
30 occupation list. After fiscal year 1999-2000, the Workforce
31 Development Board has the discretion to decrease the frequency
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1 of reporting by the high skills/high wages committees, but the
2 committees shall meet and submit any recommendations at least
3 annually.
4 (c) Annually, the Workforce Development Board shall
5 compile all the recommendations of the high skills/high wages
6 committees, research their feasibility, and make
7 recommendations to the Governor, the President of the Senate,
8 and the Speaker of the House of Representatives.
9 (8) Each regional workforce board shall establish a
10 better jobs/better wages committee consisting of at least five
11 members. Initial appointments to this committee shall include
12 at least three members of the local WAGES coalition,
13 established pursuant to chapter 96-175, Laws of Florida.
14 (9) Each regional workforce board shall establish a
15 first jobs/first wages committee consisting of at least five
16 members. This committee shall serve as the youth council for
17 purposes of Pub. L. No. 105-220.
18 (10) The importance of minority and gender
19 representation shall be considered when appointments are made
20 to any committee established by the regional workforce board.
21 (11) For purposes of procurement, regional workforce
22 boards and their administrative entities are not state
23 agencies, but the boards and their administrative entities
24 must comply with state procurement laws and procedures until
25 Workforce Florida, Inc., adopts the provisions or alternative
26 procurement procedures that meet the requirements of federal
27 law. All contracts executed by regional workforce boards must
28 include specific performance expectations and deliverables.
29 Section 8. Section 445.008, Florida Statutes, is
30 created to read:
31 445.008 Workforce Training Institute.--
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1 (1) Workforce Florida, Inc., may create the Workforce
2 Training Institute, which shall be a comprehensive program of
3 workforce training courses designed to meet the unique needs
4 of the workforce system partners. The workforce training
5 courses shall include Internet-based training modules suitable
6 for, and made available to, school guidance counselors,
7 community college counselors, and other professionals integral
8 to the workforce system.
9 (2) Workforce Florida, Inc., may enter into a contract
10 for the provision of administrative support services for the
11 institute. Workforce Florida, Inc., shall adopt policies for
12 the administration and operation of the institute and
13 establish admission fees in an amount which, in the aggregate,
14 does not exceed the cost of the program. Workforce Florida,
15 Inc., may accept donations or grants of any type for any
16 function or purpose of the institute.
17 (3) All moneys, fees, donations, or grants collected
18 by Workforce Florida, Inc., under this section shall be
19 applied to cover all costs incurred in establishing and
20 conducting the workforce training programs authorized under
21 this section, including, but not limited to, salaries for
22 instructors and costs of materials connected to such programs.
23 Section 9. Section 288.9951, Florida Statutes, is
24 transferred, renumbered as section 445.009, Florida Statutes,
25 and amended to read:
26 445.009 288.9951 One-stop delivery system Career
27 Centers.--
28 (1) The one-stop delivery system is Career Centers
29 comprise the state's primary initial customer-service strategy
30 delivery system for offering every Floridian access, through
31
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1 service sites or telephone or computer networks, to the
2 following services:
3 (a) Job search, referral, and placement assistance.
4 (b) Career counseling and educational planning.
5 (c) Consumer reports on service providers.
6 (d) Recruitment and eligibility determination.
7 (e) Support services, including child care and
8 transportation assistance to gain employment.
9 (f) Employability skills training.
10 (g) Adult education and basic skills training.
11 (h) Technical training leading to a certification and
12 degree.
13 (i) Claim filing for unemployment compensation
14 services.
15 (j) Temporary income, health, nutritional, and housing
16 assistance.
17 (k) Other appropriate and available workforce
18 development services.
19 (2) In addition to the mandatory partners identified
20 in Pub. L. No. 105-220, Food Stamp Employment and Training,
21 Food Stamp work programs, and WAGES/TANF programs shall, upon
22 approval by the Governor of a transition plan prepared by the
23 Workforce Development Board in collaboration with the WAGES
24 Program State Board of Directors, participate as partners in
25 each one-stop Career Center. Based on this plan, each partner
26 is prohibited from operating independently from a One-Stop
27 Career Center unless approved by the regional workforce
28 development board. Services provided by partners who are not
29 physically located in a One-Stop Career Center must be
30 approved by the regional workforce development board.
31
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1 (2)(a)(3) Subject to a process designed by the
2 Workforce Florida, Inc. Development Board, and in compliance
3 with Pub. L. No. 105-220, regional workforce development
4 boards shall designate one-stop delivery system Career Center
5 operators.
6 (b) A regional workforce board may not designate as
7 its administrative entity any public or private entity that is
8 eligible to provide training services under any state or
9 federal workforce program that is a mandatory or discretionary
10 partner in the region's one-stop delivery system. Workforce
11 Florida, Inc., may waive this prohibition upon a showing that,
12 based upon the availability of potential, qualified public or
13 private entities in the region, such prohibition would unduly
14 impede the ability of the regional workforce board to identify
15 an administrative entity. As a condition of authorizing a
16 regional workforce board to designate such an entity as its
17 administrative entity, Workforce Florida, Inc., must require
18 the regional workforce board to demonstrate that safeguards
19 are in place to ensure that the administrative entity will not
20 exercise an unfair competitive advantage or unfairly refer or
21 direct customers of the one-stop delivery system to services
22 provided by that administrative entity. A regional workforce
23 development board may retain its current One-Stop Career
24 Center operator without further procurement action where the
25 board has established a One-Stop Career Center that has
26 complied with federal and state law.
27 (3)(4) Notwithstanding any other provision of law, any
28 memorandum of understanding in effect on June 30, 2000,
29 between a regional workforce board and the Department of Labor
30 and Employment Security governing the delivery of workforce
31 services shall remain in effect until September 30, 2000.
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1 Beginning October 1, 2000, regional workforce boards shall
2 enter into a memorandum of understanding with the Department
3 of Management Services for the delivery of employment services
4 authorized by the federal Wagner-Peyser Act. This memorandum
5 of understanding must be performance-based. effective July 1,
6 1999, regional workforce development boards shall enter into a
7 memorandum of understanding with the Department of Labor and
8 Employment Security for the delivery of employment services
9 authorized by Wagner-Peyser. For fiscal year 1999-2000, the
10 memorandum of understanding with the Department of Labor and
11 Employment Security must be performance-based, dedicating 15
12 percent of the funds to performance payments. Performance
13 payments shall be based on performance measures developed by
14 the Workforce Development Board.
15 (a) Unless otherwise required by federal law, at least
16 90 percent of the Wagner-Peyser funding must go into direct
17 customer service costs.
18 (b) Employment services must be provided through the
19 one-stop delivery system Career Centers, under the guidance of
20 one-stop delivery system Career Center operators. One-stop
21 delivery system operators shall have overall authority for
22 directing the staff of the workforce-development system.
23 Personnel matters shall remain under the ultimate authority of
24 the Department of Management Services. However, the one-stop
25 delivery system operator shall submit to the department
26 information concerning the job performance of department
27 employees who deliver employment services. The department
28 shall consider any such information submitted by the one-stop
29 delivery system operator in conducting performance appraisals
30 of the employees.
31
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1 (c) As a part of the memorandum of understanding under
2 this subsection, a regional workforce board may elect to enter
3 into an agreement with the Department of Management Services
4 under which department employees delivering employment
5 services shall be leased to the one-stop delivery system
6 operator. Notwithstanding any provisions in chapter 110 to the
7 contrary, a department employee leased pursuant to this
8 paragraph shall retain the position classification as a state
9 employee that he or she held on the day before the lease
10 agreement takes effect, as well as any state employee
11 personnel rights or benefits associated with that position
12 classification. This lease agreement, at a minimum, must
13 specify that:
14 1. The department shall retain fiscal responsibility
15 and accountability for the administration of funds allocated
16 to the state under the Wagner-Peyser Act.
17 2. The department shall retain ultimate authority over
18 personnel matters relating to an employee covered by the lease
19 agreement; however, the employee shall be under the day-to-day
20 supervision of the one-stop delivery system operator. The
21 one-stop delivery system operator shall submit to the
22 department information relating to the job performance of
23 department employees, as provided in paragraph (b).
24 3. An employee covered by the lease agreement who is
25 providing employment services authorized under the
26 Wagner-Peyser Act shall be paid using Wagner-Peyser Act funds.
27 (d) Workforce Florida, Inc., in consultation with the
28 Office of Program Policy Analysis and Government
29 Accountability, shall review the delivery of employment
30 services under the Wagner-Peyser Act and the integration of
31 those services with other activities performed through the
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1 one-stop delivery system and shall provide recommendations to
2 the Legislature for improving the effectiveness of the
3 delivery of employment services in this state. Workforce
4 Florida, Inc., shall submit a report and recommendations to
5 the Governor, the President of the Senate, and the Speaker of
6 the House of Representatives by January 1, 2001.
7 (4)(5) One-stop delivery system Career Center partners
8 identified in subsection (2) shall enter into a memorandum of
9 understanding pursuant to Pub. L. No. 105-220, Title I, s.
10 121, with the regional workforce development board. Failure of
11 a local partner to participate cannot unilaterally block the
12 majority of partners from moving forward with their one-stop
13 delivery system Career Centers, and the Workforce Florida,
14 Inc. Development Board, pursuant to s. 445.004(5)(d) s.
15 288.9952(4)(d), may make notification of a local partner that
16 fails to participate.
17 (5)(a)(6) To the extent possible, core services, as
18 defined by Pub. L. No. 105-220, shall be provided
19 electronically, using utilizing existing systems and public
20 libraries. These electronic systems shall be linked and
21 integrated into a comprehensive service system to simplify
22 access to core services by:
23 1. Maintaining staff to serve as the first point of
24 contact with the public seeking access to employment services
25 who are knowledgeable about each program housed in each
26 one-stop delivery system center as well as related services.
27 An initial determination of the programs for which a customer
28 is likely to be eligible and any referral for a more thorough
29 eligibility determination must be made at this first point of
30 contact; and
31
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1 2. Establishing an automated, integrated intake
2 screening and eligibility process where customers will provide
3 information through a self-service intake process that may be
4 accessed by staff from any participating program.
5 (b) To expand electronic capabilities, the Workforce
6 Florida, Inc. Development Board, working with regional
7 workforce development boards, shall develop a centralized help
8 center to assist regional workforce development boards in
9 fulfilling core services, minimizing the need for fixed-site
10 one-stop delivery system Career centers.
11 (c) To the extent feasible, core services shall be
12 accessible through the Internet. Through this technology, core
13 services shall be made available at public libraries, schools,
14 community centers, kiosks, neighborhood facilities, and
15 satellite one-stop delivery system sites. Each regional
16 workforce board's web page shall serve as a portal for
17 contacting potential employees by integrating the placement
18 efforts of universities and private companies, including
19 staffing-services firms, into the existing one-stop delivery
20 system.
21 (6)(7) Intensive services and training provided
22 pursuant to Pub. L. No. 105-220, shall be provided to
23 individuals through Intensive Service Accounts and Individual
24 Training Accounts. The Workforce Florida, Inc., Development
25 Board shall develop, by July 1, 1999, an implementation plan,
26 including identification of initially eligible training
27 providers, transition guidelines, and criteria for use of
28 these accounts. Individual Training Accounts must be
29 compatible with Individual Development Accounts for education
30 allowed in federal and state welfare reform statutes.
31
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1 (7)(8)(a) Individual Training Accounts must be
2 expended on programs that prepare people to enter high-wage
3 occupations identified by the Occupational Forecasting
4 Conference created by s. 216.136, and on other programs as
5 approved by the Workforce Florida, Inc. Development Board.
6 (b) For each approved training program, regional
7 workforce development boards, in consultation with training
8 providers, shall establish a fair-market purchase price to be
9 paid through an Individual Training Account. The purchase
10 price must be based on prevailing costs and reflect local
11 economic factors, program complexity, and program benefits,
12 including time to beginning of training and time to
13 completion. The price shall ensure the fair participation of
14 public and nonpublic postsecondary educational institutions as
15 authorized service providers and shall prohibit the use of
16 unlawful remuneration to the student in return for attending
17 an institution. Unlawful remuneration does not include student
18 financial assistance programs.
19 (c) The Workforce Florida, Inc., Development Board
20 shall periodically review Individual Training Account pricing
21 schedules developed by regional workforce development boards
22 and present findings and recommendations for process
23 improvement to the President of the Senate and the Speaker of
24 the House of Representatives by January 1, 2000.
25 (d) To the maximum extent possible, training providers
26 shall use funding sources other than the funding provided
27 under Pub. L. No. 105-220. A performance outcome related to
28 alternative financing obtained by the training provider shall
29 be established by the Workforce Florida, Inc., Development
30 Board and used for performance evaluation purposes. The
31
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1 performance evaluation must take into consideration the number
2 of alternative funding sources.
3 (e) Training services provided through Individual
4 Training Accounts must be performance-based, with successful
5 job placement triggering full payment.
6 (f) The accountability measures to be used in
7 documenting competencies acquired by the participant during
8 training shall be literacy completion points and occupational
9 completion points. Literacy completion points refers to the
10 academic or workforce readiness competencies that qualify a
11 person for further basic education, vocational education, or
12 for employment. Occupational completion points refers to the
13 vocational competencies that qualify a person to enter an
14 occupation that is linked to a vocational program.
15 (8)(9)(a) Workforce Florida, Inc. The Department of
16 Management Services, working with the Department of Management
17 Services Workforce Development Board, shall coordinate among
18 the agencies a plan for a One-Stop Career Center Electronic
19 Network made up of one-stop delivery system Career centers and
20 other partner agencies that are operated by authorized public
21 or private for-profit or not-for-profit agents. The plan shall
22 identify resources within existing revenues to establish and
23 support this electronic network for service delivery that
24 includes Government Services Direct.
25 (b) The network shall assure that a uniform method is
26 used to determine eligibility for and management of services
27 provided by agencies that conduct workforce development
28 activities. The Department of Management Services shall
29 develop strategies to allow access to the databases and
30 information management systems of the following systems in
31
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1 order to link information in those databases with the one-stop
2 delivery system Career Centers:
3 1. The Unemployment Compensation System of the
4 Department of Labor and Employment Security.
5 2. The Job Service System of the Department of Labor
6 and Employment Security.
7 3. The FLORIDA System and the components related to
8 WAGES, food stamps, and Medicaid eligibility.
9 4. The Workers' Compensation System of the Department
10 of Labor and Employment Security.
11 5. The Student Financial Assistance System of the
12 Department of Education.
13 6. Enrollment in the public postsecondary education
14 system.
15
16 The systems shall be fully coordinated at both the state and
17 local levels by January 1, 2000.
18 (9) To the maximum extent that is appropriate and
19 feasible, the one-stop delivery system may use private-sector
20 staffing-services firms in the provision of workforce services
21 to individuals and employers in the state. Regional workforce
22 boards shall collaborate with staffing-services firms in order
23 to facilitate the provision of services to the same target
24 populations. Regional workforce boards may contract with
25 private-sector staffing-services firms to design programs that
26 meet the employment needs of the region. All such contracts
27 must be performance-based and require a specific period of job
28 tenure prior to payment.
29 Section 10. (1) It is the intent of the Legislature
30 that the changes to the workforce system made by this act,
31 including, but not limited to, the transfer of any workforce
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1 policy, program, or administrative responsibility to Workforce
2 Florida, Inc., or to the Department of Management Services, be
3 accomplished with minimal disruption of services provided to
4 the public and with minimal disruption to employees of any
5 organization in the workforce system. To that end, the
6 Legislature directs all applicable units of state government
7 to contribute to the successful implementation of this act,
8 and the Legislature believes that a transition period between
9 the effective date of this act and October 1, 2000, is
10 appropriate and warranted.
11 (2) Workforce Florida, Inc., shall coordinate the
12 development and implementation of a transition plan that
13 supports the implementation of this act. The Department of
14 Management Services, the Department of Labor and Employment
15 Security, and all other state agencies identified by Workforce
16 Florida, Inc., shall cooperate fully in developing and
17 implementing the plan and shall dedicate the financial and
18 staff resources that are necessary to implement the plan.
19 (3) The Governor shall designate a staff member of the
20 Office of Planning and Budgeting to serve as the Governor's
21 primary representative on matters related to implementing this
22 act and the transition plan required under this section. The
23 representative shall report to the Governor on the progress
24 being made in implementing this act and the transition plan,
25 including, but not limited to, any difficulties experienced by
26 Workforce Florida, Inc., in securing the full participation
27 and cooperation of applicable state agencies. The
28 representative shall also coordinate the submission of any
29 budget amendments, in accordance with chapter 216, Florida
30 Statutes, that may be necessary to implement this act.
31
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1 (4) Upon the recommendation and guidance from
2 Workforce Florida, Inc., in order to carry out the changes
3 made by this act to the workforce system, the Governor shall
4 submit in a timely manner to the applicable departments or
5 agencies of the Federal Government any necessary amendments or
6 supplemental information concerning plans that the state is
7 required to submit to the Federal Government in connection
8 with any federal or state workforce program. The Governor
9 shall seek any waivers from the requirements of federal law or
10 rules which may be necessary to administer the provisions of
11 this act.
12 (5) The transfer of any program, activity, or function
13 under this act includes the transfer of any records and
14 unexpended balances of appropriations, allocations, or other
15 funds related to such program, activity, or function. Unless
16 otherwise provided, the successor organization to any program,
17 activity, or function transferred under this act shall become
18 the custodian of any property of the organization that was
19 responsible for the program, activity, or function immediately
20 prior to the transfer.
21 (6) The Office of Tourism, Trade, and Economic
22 Development within the Executive Office of the Governor may
23 contract with Workforce Florida, Inc., to take any necessary
24 initial steps in preparing to become the state's principal
25 workforce-development organization on October 1, 2000,
26 consistent with the provisions of this act.
27 Section 11. (1) Effective July 1, 2000, the following
28 programs and functions are assigned and transferred by a type
29 two transfer, as defined in section 20.06(2), Florida
30 Statutes, to Workforce Florida, Inc.:
31
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1 (a) The WAGES Program State Board of Directors support
2 staff, data, records, contract personnel, property, and
3 unexpended balances of appropriations, allocations, and other
4 funds from the Executive Office of the Governor.
5 (b) The programs, activities, and functions of the
6 Workforce Development Board of Enterprise Florida, Inc.,
7 including records, personnel, property, and unexpended
8 balances of funds. To reduce administrative cost, Workforce
9 Florida, Inc., may contract with Enterprise Florida, Inc., for
10 the provision of personnel, property management, and other
11 support services.
12 (2) Effective July 1, 2000, employees of the Workforce
13 Development Board of Enterprise Florida, Inc., who are leased
14 from the Department of Management Services are transferred by
15 a type two transfer, as defined in section 20.06(2), Florida
16 Statutes, to the Division of Workforce Administrative Support
17 of the Department of Management Services.
18 (3) Effective October 1, 2000, the following programs
19 and functions are assigned to Workforce Florida, Inc., for
20 policy direction and administration and are transferred to the
21 Division of Workforce Administrative Support of the Department
22 of Management Services:
23 (a) The Division of Workforce and Employment
24 Opportunities and the Office of Labor Market and Performance
25 Information are transferred by a type two transfer, as defined
26 in section 20.06(2), Florida Statutes, from the Department of
27 Labor and Employment Security. Employees who are responsible
28 for licensing and permitting business agents and labor
29 organizations under chapter 447 and employees who are
30 responsible for regulating minority labor groups under chapter
31 450 are not included in this transfer.
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1 (b) The resources, staff, data, records, personnel,
2 property, and unexpended balances of appropriations,
3 allocations, and other funds and information systems within
4 the Office of the Secretary, Office of Information Systems, or
5 any other division, office, bureau, or unit within the
6 Department of Labor and Employment Security that support the
7 Division of Workforce and Employment Opportunities are
8 transferred by a type two transfer, as defined in section
9 20.06(2), Florida Statutes, from the Department of Labor and
10 Employment Security.
11 (c) Staff of the displaced homemaker program are
12 transferred by a type two transfer, as defined in section
13 20.06(2), Florida Statutes, from the Department of Education.
14 (4) Prior to effecting the transfer of staff required
15 by paragraphs (3)(a) and (b), the Department of Labor and
16 Employment Security shall reduce by 25 percent the number of
17 staff to be transferred who are not engaged in directly
18 providing services to customers or in supervising the direct
19 provision of services. Positions vacated as a result of this
20 reduction shall be placed and maintained in reserve by the
21 Office of Planning and Budgeting of the Executive Office of
22 the Governor. Savings that result from position reductions
23 shall be transferred, under section 20.06(2), Florida
24 Statutes, to the Division of Workforce Administrative Support
25 of the Department of Management Services to be allocated by
26 Workforce Florida, Inc., to regional workforce boards for
27 operating the one-stop delivery system. Prior to January 15,
28 2001, Workforce Florida, Inc., in cooperation with the
29 Department of Management Services, shall submit to the
30 Governor, the President of the Senate, and the Speaker of the
31 House of Representatives a plan for reorganizing and further
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1 reducing the number of staff members transferred pursuant to
2 paragraphs (3)(a) and (b).
3 (5) Workforce Florida, Inc., may contract with the
4 Department of Management Services to lease any employees
5 deemed necessary by Workforce Florida, Inc., for the effective
6 operation of the workforce system. Notwithstanding any
7 provisions in chapter 110, Florida Statutes, to the contrary,
8 a department employee who is leased pursuant to this
9 subsection shall retain the position classification as a state
10 employee which he or she held on the day before the lease
11 agreement takes effect and shall retain any state-employee
12 personnel rights or benefits associated with that position
13 classification.
14 Section 12. Section 445.010, Florida Statutes, is
15 created to read:
16 445.010 Workforce system information technology;
17 principles and information sharing.--
18 (1) The following principles shall guide the
19 development and management of workforce system information
20 resources:
21 (a) Workforce system entities should be committed to
22 information sharing.
23 (b) Cooperative planning by workforce-system entities
24 is a prerequisite for the effective development of systems to
25 enable the sharing of data.
26 (c) Workforce-system entities should maximize public
27 access to data, while complying with legitimate security,
28 privacy, and confidentiality requirements.
29 (d) When the capture of data for the mutual benefit of
30 workforce-system entities can be accomplished, the costs for
31
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1 capturing, managing, and disseminating those data should be
2 shared.
3 (e) The redundant capture of data should, insofar as
4 possible, be eliminated.
5 (f) Only data that are auditable, or that otherwise
6 can be determined to be accurate, valid, and reliable, should
7 be maintained in workforce-information systems.
8 (g) The design of workforce-information systems should
9 support technological flexibility for users without
10 compromising system integration or data integrity, be based
11 upon open standards, and use platform-independent technologies
12 to the fullest extent possible.
13 (2) Information that is essential to the integrated
14 delivery of services through the one-stop delivery system must
15 be shared between partner agencies within the workforce system
16 to the full extent permitted under state and federal law. In
17 order to enable the full integration of services for a
18 specific workforce-system customer, that customer must be
19 offered the opportunity to provide written consent prior to
20 sharing any information concerning that customer between the
21 workforce-system partners which is subject to confidentiality
22 under state or federal law.
23 Section 13. Section 445.011, Florida Statutes, is
24 created to read:
25 445.011 Workforce information systems.--
26 (1) Workforce Florida, Inc., shall implement, subject
27 to legislative appropriation, automated information systems
28 that are necessary for the efficient and effective operation
29 and management of the workforce-development system. These
30 information systems shall include, but need not be limited to,
31 the following:
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1 (a) An integrated management system for the one-stop
2 service delivery system, which includes, at a minimum, common
3 registration and intake, screening for needs and benefits,
4 case planning and tracking, training-benefits management,
5 service and training provider management, performance
6 reporting, executive information and reporting, and
7 customer-satisfaction tracking and reporting.
8 (b) An automated job-matching information system that
9 is accessible to employers, job seekers, and other users via
10 the Internet, and that includes, at a minimum:
11 1. Skill-match information, including skill-gap
12 analysis; resume creation; job-order creation; skill tests;
13 job search by area, employer type, and employer name; and
14 training-provider linkage;
15 2. Job-market information based on surveys, including
16 local, state, regional, and national occupational and
17 job-availability information; and
18 3. Service-provider information, including education
19 and training providers, child care facilities and related
20 information, health and social service agencies, and other
21 providers of services that would be useful to job seekers.
22 (2) In procuring workforce information systems,
23 Workforce Florida, Inc., shall employ competitive processes,
24 including requests for proposals, competitive negotiation, and
25 other competitive processes to ensure that the procurement
26 results in the most cost-effective investment of state funds.
27 (3) Workforce Florida, Inc., may procure independent
28 verification and validation services associated with
29 developing and implementing any workforce information system.
30 (4) Workforce Florida, Inc., shall coordinate
31 development and implementation of workforce information
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1 systems with the state's Chief Information Officer in the
2 State Technology Office to ensure compatibility with the
3 state's information system strategy and enterprise
4 architecture.
5 Section 14. Section 445.012, Florida Statutes, is
6 created to read:
7 445.012 Careers for Florida's Future Incentive Grant
8 Program.--
9 (1) The Careers for Florida's Future Incentive Grant
10 Program is created to encourage students in this state to
11 obtain degrees or certificates in postsecondary programs that
12 produce graduates with job skills in advanced technology which
13 are critical to the economic future of this state. The program
14 shall provide for a forgivable loan that requires a student to
15 enroll in and complete an eligible program and then to
16 maintain employment in an eligible occupation in this state
17 for 1 year for each year of grant receipt. The recipient must
18 begin repayment of the grant 1 year after the recipient is no
19 longer enrolled in an eligible institution or completes the
20 program, unless the recipient obtains employment in an
21 eligible occupation.
22 (2) Workforce Florida, Inc., shall manage the Careers
23 for Florida's Future Incentive Grant Program in accordance
24 with rules and procedures established for this purpose.
25 Workforce Florida, Inc., shall contract with the Office of
26 Student Financial Assistance in the Department of Education to
27 administer the incentive grant program for students pursuing
28 baccalaureate degrees or degree career education programs that
29 articulate into baccalaureate degree programs. The office
30 shall advertise the availability of the grant program and
31 collect all delinquent incentive grant repayments.
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1 (a) The Office of Student Financial Assistance of the
2 Department of Education shall issue awards from the incentive
3 grant program each semester. Before the registration period
4 each semester, the department shall transmit payment for each
5 award to the president or director of the postsecondary
6 education institution, or his or her representative, except
7 that the department may withhold payment if the receiving
8 institution fails to report or make refunds to the department
9 as required in this section.
10 (b) Within 30 days after the end of regular
11 registration each semester, the educational institution shall
12 certify to the department the eligibility status of each
13 student who receives an award. After the end of the
14 drop-and-add period, an institution is not required to
15 reevaluate or revise a student's eligibility status, but must
16 make a refund to the department if a student who receives an
17 award disbursement terminates enrollment for any reason during
18 an academic term and a refund is permitted by the
19 institution's refund policy.
20 (c) An institution that receives funds from the
21 program shall certify to the department the amount of funds
22 disbursed to each student and shall remit to the department
23 any undisbursed advances within 60 days after the end of
24 regular registration. The department may suspend or revoke an
25 institution's eligibility to receive future moneys for the
26 program if the department finds that an institution has not
27 complied with this section.
28 (3) Workforce Florida, Inc., shall allocate to each
29 regional workforce board its share of funds available for
30 incentive grants in eligible diploma, certificate, and degree
31 career education programs that do not articulate into
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1 baccalaureate programs. Each regional workforce board shall
2 administer the program, including determining award recipients
3 within funds available to it for that purpose. Workforce
4 Florida, Inc., shall contract with the Office of Student
5 Financial Assistance in the Department of Education for
6 collecting delinquent incentive grant repayments.
7 (a) Workforce Florida, Inc., shall reallocate any
8 funds not encumbered by the regional workforce boards by
9 January 31 of each year to other regional workforce boards for
10 additional awards, in accordance with rules and procedures
11 established for this purpose.
12 (b) Within 30 days after the student begins classes,
13 the educational institution shall certify to the regional
14 workforce board the eligibility status of each student who
15 receives an award. After this report, an institution is not
16 required to reevaluate or revise a student's eligibility
17 status, but must make a refund to the regional workforce board
18 if a student who receives an award disbursement terminates
19 enrollment for any reason during the period that would permit
20 a refund by the institution's refund policy.
21 (c) Regional workforce boards shall ensure that each
22 recipient receives maximum funding possible by coordinating
23 career education awards with Individual Training Accounts
24 funded by the federal Workforce Investment Act, Retention
25 Incentive Training Accounts funded by the federal Temporary
26 Assistance for Needy Families Act, the federal Welfare-to-Work
27 program, and other programs intended to assist incumbent
28 workers in upgrading their skills.
29 (4) If funds appropriated are not adequate to provide
30 the maximum allowable award to each eligible applicant, full
31 awards must be provided in the order of priority established
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1 by Workforce Florida, Inc. Awards must not be reduced to
2 increase the number of recipients.
3 (5) A recipient who is pursuing a baccalaureate degree
4 shall receive $100 for each lower-division credit hour in
5 which the student is enrolled at an eligible college or
6 university, up to a maximum of $1,500 per semester, and $200
7 for each upper-division credit hour in which the student is
8 enrolled at an eligible college or university, up to a maximum
9 of $3,000 per semester. For purposes of this section, a
10 student is pursuing a baccalaureate degree if he or she is in
11 a program that articulates into a baccalaureate degree program
12 by agreement of the Articulation Coordinating Committee. A
13 student in an applied technology diploma program, a
14 certificate career education program, or a degree career
15 education program that does not articulate into a
16 baccalaureate degree program shall receive $2 for each
17 vocational contact hour, or the equivalent, for certificate
18 programs, or $60 for each credit hour, or the equivalent, for
19 degree career education programs and applied technology
20 programs for which the student is enrolled at an eligible
21 college, technical center, or nonpublic career education
22 school.
23 (6) If a recipient who is enrolled in a diploma,
24 certificate, or degree career education program that does not
25 articulate into a baccalaureate degree program transfers from
26 one eligible institution to another within the same workforce
27 region and continues to meet eligibility requirements, the
28 award shall be transferred with the student.
29 (7) If a recipient who is enrolled in a baccalaureate
30 degree or a degree career education program that articulates
31 into a baccalaureate degree program transfers from one
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1 eligible institution to another and continues to meet
2 eligibility requirements, the award shall be transferred with
3 the student.
4 (8) An award recipient may use an award for enrollment
5 in a summer term if funds are available.
6 (9) Funds may not be used to pay for remedial,
7 college-preparatory, or vocational-preparatory coursework.
8 Section 15. Section 445.0121, Florida Statutes, is
9 created to read:
10 445.0121 Student eligibility requirements for initial
11 awards.--
12 (1) To be eligible for an initial award for lower
13 division college credit courses that lead to a baccalaureate
14 degree, as defined in s. 445.0122(5), a student must:
15 (a)1. Have been a resident of this state for
16 noneducational purposes for the previous 5 years; or
17 2. Have received a standard Florida high school
18 diploma, as provided in s. 232.246, or its equivalent, as
19 described in s. 229.814, within the previous 2 years, unless:
20 a. The student is enrolled full-time in the
21 early-admission program of an eligible postsecondary education
22 institution or completes a home-education program in
23 accordance with s. 232.0201; or
24 b. The student earns a high school diploma from a
25 non-Florida school while living with a parent or guardian who
26 is on military or public service assignment outside this
27 state.
28 (b) In addition to the residency requirements in
29 paragraph (a), an eligible lower-division, baccalaureate
30 degree-seeking student must:
31
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1 1. Have earned a cumulative grade point average of at
2 least 2.75 on a 4.0 scale in postsecondary coursework.
3 2. Have earned at least 18 credit hours at the
4 postsecondary level.
5 3. Be enrolled in an eligible public or independent
6 postsecondary educational institution in this state for at
7 least 6 semester credit hours or the equivalent.
8 (2) To be eligible for an initial award for
9 upper-division courses, a student must:
10 (a) Be a resident of this state as defined in s.
11 240.404 and rules of the State Board of Education.
12 (b) Be enrolled in an eligible baccalaureate degree
13 program, as specified in s. 445.0124, for at least 6 semester
14 credit hours or the equivalent.
15 (c) Have earned a cumulative grade point average of at
16 least 2.75 on a 4.0 scale in all postsecondary coursework.
17 (3) To be eligible for an initial award for an applied
18 technology diploma program or a certificate or degree career
19 education program that does not articulate into a
20 baccalaureate degree program, a student must:
21 (a) Have been a resident of this state for
22 noneducational purposes for the previous 5 years.
23 (b) Be enrolled in an eligible diploma, certificate,
24 or degree career education program, as specified in s.
25 445.0124.
26 (c) Have received a standard high school diploma or a
27 high school equivalency diploma pursuant to s. 229.814.
28 Section 16. Section 445.0122, Florida Statutes, is
29 created to read:
30 445.0122 Student eligibility requirements for renewal
31 awards.--
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1 (1) To be eligible to renew an incentive grant for a
2 degree program, a student must:
3 (a) Complete at least 12 semester credit hours or the
4 equivalent of program requirements in the previous academic
5 year, including summer school.
6 (b) Maintain the equivalent of a grade point average
7 of at least 2.75 on a 4.0 scale for all postsecondary
8 education work.
9 (2) A student who is enrolled in a program that
10 terminates in a baccalaureate degree or who is enrolled in an
11 associate degree program that articulates into a baccalaureate
12 degree may receive an award for a maximum of 110 percent of
13 the number of credit hours required to complete the program.
14 (3) To be eligible to renew an incentive grant for an
15 applied technology diploma program or a certificate or degree
16 career education program that does not articulate into a
17 baccalaureate degree program, a student must have successfully
18 attained the last occupational completion point attempted. If
19 an occupational completion point requires more than one term
20 to complete, a student may receive grants for the additional
21 terms if the institution reports that the student is making
22 adequate progress toward completion.
23 (4) A student who is enrolled in a program that
24 terminates in an applied technology diploma or a certificate
25 or degree career education program that does not articulate
26 into a baccalaureate degree program may receive an award for a
27 maximum of 110 percent of the credit hours or clock hours
28 required to complete the program, up to 90 semester credit
29 hours or the equivalent in quarter or clock hours.
30 (5) A student maintains eligibility for an award for 4
31 years following receipt of the initial award for courses in
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1 the lower division and 4 years following receipt of the
2 initial award for courses in the upper division. For purposes
3 of this subsection, lower-division courses include courses in
4 an eligible applied technology diploma program or a
5 certificate or degree career education program that does not
6 articulate into a baccalaureate degree program by agreement of
7 the Articulation Coordinating Committee, as well as courses in
8 associate in arts and associate in science degree programs
9 that articulate into a baccalaureate degree program.
10 Section 17. Section 445.0123, Florida Statutes, is
11 created to read:
12 445.0123 Eligible postsecondary education
13 institutions.--A student is eligible for an award or the
14 renewal of an award from the Careers for Florida's Future
15 Incentive Grant Program if the student meets the requirements
16 for the program as described in ss. 445.012-445.0125 and is
17 enrolled in a postsecondary education institution that meets
18 the description of any one of the following:
19 (1) A public university, community college, or
20 technical center in this state.
21 (2) An independent college or university in this state
22 which is recognized by the United States Department of
23 Education and has operated in this state for at least 3 years.
24 (3) An independent postsecondary education institution
25 in this state which is chartered in Florida and accredited by
26 the Commission on Colleges of the Southern Association of
27 Colleges and Schools.
28 (4) An independent postsecondary education institution
29 in this state which is licensed by the State Board of
30 Independent Colleges and Universities and which:
31 (a) Shows evidence of sound financial condition; and
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1 (b) Has operated in this state for at least 3 years
2 without having its approval, accreditation, or license placed
3 on probation.
4 (4) An independent postsecondary education institution
5 in this state which is licensed by the State Board of
6 Nonpublic Career Education and which:
7 (a) Has a program-completion and placement rate of at
8 least the rate required by current state law, the Florida
9 Administrative Code, or the Department of Education for an
10 institution at its level;
11 (b) Shows evidence of sound financial condition; and
12 (c)1. Is accredited at the institutional level by an
13 accrediting agency recognized by the United States Department
14 of Education and has operated in this state for at least 3
15 years during which there has been no complaint for which
16 probable cause has been found; or
17 2. Has operated in this state for 5 years during which
18 there has been no complaint for which probable cause has been
19 found.
20 Section 18. Section 445.0124, Florida Statutes, is
21 created to read:
22 445.0124 Eligible programs.--
23 (1) A student must enroll in a program determined
24 eligible by Workforce Florida, Inc.
25 (2) Eligible lower-division programs are those
26 programs that prepare a student for admission to a degree
27 program that prepares students for employment in targeted
28 career occupations listed in subsection (3). These programs
29 include any associate in science degree program that
30 articulates into a baccalaureate degree program by agreement
31 of the Articulation Coordinating Committee.
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1 (3) Eligible upper-division programs are those
2 programs that prepare students for employment in targeted
3 career occupations in one of the following business sectors:
4 information technology/telecommunications, biomedical
5 technology, manufacturing-electronics, and
6 aviation/transportation. Workforce Florida, Inc., must
7 determine eligible programs within these sectors annually in
8 cooperation with the Board of Regents.
9 (4) Eligible career education programs are those
10 programs in the following business sectors: information
11 technology/telecommunications, biomedical technology,
12 manufacturing-electronics, aviation/transportation, and
13 skilled building trades. Workforce Florida, Inc., must
14 determine eligible programs within these sectors annually in
15 cooperation with the State Board of Community Colleges and the
16 Department of Education.
17 Section 19. Section 445.0125, Florida Statutes, is
18 created to read:
19 445.0125 Repayment schedule.--
20 (1) A recipient must repay an incentive grant from the
21 Careers for Florida's Future Incentive Grant Program within 10
22 years after termination of the grant.
23 (a) Repayment must begin:
24 1. One year after completion of the program of
25 studies, unless the recipient is employed in an eligible
26 occupation; or
27 2. One year after the student is no longer enrolled in
28 an eligible institution.
29 (b) Workforce Florida, Inc., shall determine whether a
30 grant recipient is employed in an eligible occupation. For
31
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1 repayment purposes, an occupation determined to be eligible
2 remains eligible for the duration of the repayment period.
3 (c) The State Board of Education shall adopt by rule
4 repayment schedules.
5 (2) Credit for repayment of an incentive grant shall
6 be as follows:
7 (a) To repay an incentive grant for upper-division or
8 lower-division courses that lead to a baccalaureate degree, a
9 student must earn the baccalaureate degree and then maintain
10 employment in an eligible occupation in this state for 1 year
11 for each year in which the grant was received for full-time
12 enrollment. If the student's actual enrollment was part-time,
13 the grant repayment shall be calculated as the length of time
14 required to complete the program based on full-time
15 enrollment.
16 (b) For an incentive grant for a program that
17 generates credit toward an occupational completion point, a
18 certificate, or a career education degree that does not
19 articulate into a baccalaureate degree, a student must
20 complete the program and maintain employment in an eligible
21 occupation in this state for 6 months for every semester of
22 full-time enrollment in the program. If the student's actual
23 enrollment in the program was part-time, the grant repayment
24 shall be calculated as the length of time required to complete
25 the program based on full-time enrollment, based on 6 months
26 for each semester.
27 (3) Any incentive grant recipient who does not remain
28 employed in an eligible occupation in this state must repay
29 the loan plus accrued annual interest at the rate of the
30 3-month United States Treasury Bill, plus 2.3 percent.
31
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1 (4) An incentive grant recipient may receive repayment
2 credit for eligible employment rendered at any time during the
3 scheduled repayment period. However, this repayment credit is
4 applicable only to the current principal and accrued interest
5 balance that remains at the time the repayment credit is
6 earned. An incentive grant recipient may not be reimbursed for
7 previous cash payments of principal and interest.
8 Section 20. Section 445.0128, Florida Statutes, is
9 created to read:
10 445.0128 Workplace education.--
11 (1) Each school board and community college board of
12 trustees may apply to Workforce Florida, Inc., for a workplace
13 education grant. An applicant shall include in the grant
14 application a description of the workplace education program.
15 Workforce Florida, Inc., shall give priority to applications
16 that include:
17 (a) A marketing plan for business firms and industries
18 that employ people with minimum education levels.
19 (b) A program that makes attendance convenient to the
20 workplace by conducting instructional activities at or near
21 the workplace and by providing electronic access to
22 instructional assistance. Additional consideration must be
23 given to a program that provides for transportation within
24 existing resources.
25 (c) A program that will match state funds for a
26 coordinator's salary at 50 percent.
27 (d) A program that will be conducted jointly by one or
28 more school districts and the community college that serves
29 the region.
30 (2) A board may employ a workplace education
31 coordinator to promote, coordinate, organize, and administer
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1 the program. The primary responsibilities of the coordinator
2 are to market and deliver programs for employees of business
3 firms or industries in the local education agency's service
4 area. If a coordinator is employed jointly by two or more
5 local education agencies, an agreement must provide for shared
6 supervision and a single fiscal agent to administer the grant.
7 (3) In addition to providing a coordinator, a grant
8 may be used for allocating operational funds for materials,
9 supplies, and part-time clerical assistance.
10 (4) A program must be designed to meet the needs of
11 the employers for continued education and training of
12 incumbent workers and may consist of instruction in adult
13 general education or vocational education, or both. Components
14 of the program must be conducted on site at the workplace or
15 at a site and at times convenient to the employees of the
16 firms that participate in the program.
17 (5) The grant funds provided by the state must be
18 augmented by local funds and contributions from private
19 sources, including the participating employers.
20 Section 21. Section 445.013, Florida Statutes, is
21 created to read:
22 445.013 Challenge grants in support of welfare-to-work
23 initiatives.--
24 (1) Subject to legislative appropriation, Workforce
25 Florida, Inc., shall establish a "Step-Up Challenge Grant
26 Program" designed to maximize the use of federal
27 welfare-to-work funds that are available to the state. The
28 purpose of this challenge grant program is to ensure that
29 needy Floridians obtain training and education to support
30 retention of employment and achievement of self-sufficiency
31 through career advancement.
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1 (2) Workforce Florida, Inc., shall solicit the
2 participation of not-for-profit organizations, for-profit
3 organizations, educational institutions, and units of
4 government in this program. Eligible organizations include,
5 but are not limited to:
6 (a) Public and private educational institutions, as
7 well as their associations and scholarship funds;
8 (b) Faith-based organizations;
9 (c) Community-development or community-improvement
10 organizations;
11 (d) College or university alumni organizations or
12 fraternities or sororities;
13 (e) Community-based organizations dedicated to
14 addressing the challenges of inner city, rural, or minority
15 youth;
16 (f) Chambers of commerce or similar business or civic
17 organizations;
18 (g) Neighborhood groups or associations, including
19 communities receiving a "Front Porch Florida" designation;
20 (h) Municipalities, counties, or other units of
21 government;
22 (i) Private businesses; and
23 (j) Other organizations deemed appropriate by
24 Workforce Florida, Inc.
25 (3) If an eligible organization pledges to sponsor an
26 individual in postemployment education or training approved by
27 Workforce Florida, Inc., by providing the match of nonfederal
28 funds required under the federal welfare-to-work grant
29 program, Workforce Florida, Inc., shall earmark
30 welfare-to-work funds in support of the sponsored individual
31 and the designated training or education project. Workforce
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1 Florida, Inc., and the eligible organization shall enter into
2 an agreement governing the disbursement of funds which
3 specifies the services to be provided for the benefit of the
4 eligible participant. Individuals receiving training or
5 education under this program must meet the eligibility
6 criteria of the federal welfare-to-work grant program, and
7 Workforce Florida, Inc., must disperse funds in compliance
8 with regulations or other requirements of the federal
9 welfare-to-work grant program.
10 (4) Workforce Florida, Inc., shall establish
11 guidelines governing the administration of the program
12 provided under this section and shall establish criteria to be
13 used in evaluating funding proposals. One of the evaluation
14 criteria must be a determination that the education or
15 training provided under the grant will enhance the ability of
16 the individual to retain employment and achieve
17 self-sufficiency through career advancement.
18 (5) Federal welfare-to-work funds appropriated by the
19 Legislature which are not fully expended in support of this
20 program may be used by Workforce Florida, Inc., in support of
21 other activities authorized under the welfare-to-work grant.
22 Section 22. Section 445.014, Florida Statutes, is
23 created to read:
24 445.014 Small business workforce service initiative.--
25 (1) Subject to legislative appropriation, Workforce
26 Florida, Inc., shall establish a program to encourage regional
27 workforce development boards to establish one-stop delivery
28 systems that maximize the provision of workforce and
29 human-resource support services to small businesses. Under the
30 program, a regional workforce board may apply, on a
31 competitive basis, for funds to support the provision of such
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1 services to small businesses through the region's one-stop
2 delivery system.
3 (2) Eligible uses of funds under this program include,
4 but are not limited to:
5 (a) Identifying common training needs among small
6 businesses;
7 (b) Developing curriculum to address common training
8 needs among small businesses;
9 (c) Facilitating the provision of training services
10 for such small businesses through eligible training providers;
11 (d) Assisting small businesses to identify incentives
12 and complete applications or other paperwork associated with
13 such incentives; and
14 (e) Establishing a single point of contact for the
15 provision of preemployment and postemployment services to
16 small businesses.
17 (3) Workforce Florida, Inc., shall establish
18 guidelines governing the administration of this program and
19 shall establish criteria to be used in evaluating applications
20 for funding. Such criteria must include, but need not be
21 limited to, a showing that the regional board has in place a
22 detailed plan for establishing a one-stop delivery system
23 designed to meet the workforce needs of small businesses and
24 for leveraging other funding sources in support of such
25 activities.
26 (4) For purposes of this section, the term "small
27 business" means an independently owned and operated business
28 concern that employs 30 or fewer permanent full-time employees
29 and that, together with its affiliates, has a net worth of not
30 more than $3 million and an average net income, after federal
31
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1 income taxes and excluding any carryover losses, of not more
2 than $2 million for the preceding 2 years.
3 Section 23. Section 445.015, Florida Statutes, is
4 created to read:
5 445.015 Initiatives supporting economic development
6 for working poor families.--
7 (1) The Legislature finds that the ability of needy
8 persons in this state to achieve economic self-sufficiency
9 depends upon the existence of sufficient employment
10 opportunities with potential for career advancement. The
11 Legislature further finds that the ability of new and
12 expanding businesses to create such employment opportunities
13 depends significantly upon the availability of skilled
14 workers. Recognizing the interrelationship between economic
15 development and workforce development, it is the intent of the
16 Legislature to support innovative economic-development
17 projects that have been identified as having an impact on the
18 employment of needy persons in this state.
19 (2) Subject to legislative appropriation, Workforce
20 Florida, Inc., shall establish a program to provide funding in
21 support of economic-development projects that have a
22 significant potential for the employment of individuals in
23 families that are at risk of welfare dependency because the
24 family's income does not exceed 200 percent of the federal
25 poverty level. Workforce Florida, Inc., shall adopt guidelines
26 for administering this program and shall establish criteria
27 governing the evaluation of funding proposals submitted under
28 this program. Workforce Florida, Inc., shall consult with
29 Enterprise Florida, Inc., in developing such guidelines and
30 criteria, and shall include representatives of Enterprise
31 Florida, Inc., on a team to review funding proposals.
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1 (3) To be eligible for funding under this section, a
2 proposal must be submitted jointly by a regional workforce
3 board and a local or regional economic development
4 organization. Funding proposals may be submitted to Workforce
5 Florida, Inc., throughout the fiscal year. Priority shall be
6 given to proposals submitted jointly by two or more regions
7 which are designed to address issues that cross regional
8 boundaries.
9 (4) Each project that receives funding under this
10 section must meet performance standards specified in the
11 project's contract. Failure to fulfill all performance
12 expectations will result in imposition of financial sanctions
13 and in loss of eligibility for receipt of future project
14 funding.
15 Section 24. Pilot grant program for youth
16 internships.--
17 (1) Subject to legislative appropriation, Workforce
18 Florida, Inc., shall establish a pilot matching grant program
19 that is designed to encourage businesses to employ, train, and
20 mentor financially needy youth through internships completed
21 under the direct supervision of the eligible business. Under
22 this program, Workforce Florida, Inc., may award grants to an
23 eligible business for the benefit of a named eligible youth.
24 (2) Grant funds awarded under this program shall be
25 used to supplement the stipend of the eligible youth and must
26 be matched by contributions from the eligible business. The
27 maximum grant amount that may be awarded on behalf of a single
28 eligible youth at one time is $2,000. Workforce Florida, Inc.,
29 may establish limitations on the total number of internship
30 grants that may be awarded to a single eligible business or
31 that may be awarded on behalf of a single eligible youth.
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1 (3) An eligible business under this program includes
2 any sole proprietorship, firm, partnership, corporation, bank,
3 savings association, or other association.
4 (4) An eligible youth under this program includes a
5 student between the ages of 15 and 18 who is currently
6 enrolled at a high school in Florida and who has not been
7 previously employed within the preceding 12 months by the
8 eligible business, or a successor business, applying for
9 matching funds under this program. The youth must be a member
10 of a family that includes a parent with one or more minor
11 children or a caretaker with one or more minor children and
12 that is at risk of welfare dependency because the family's
13 income does not exceed 200 percent of the federal poverty
14 level.
15 (5)(a) As part of an application for funding under
16 this program, an eligible business must submit an internship
17 work plan that describes:
18 1. The work to be performed by the eligible youth;
19 2. The anticipated number of hours per week the
20 eligible youth will work;
21 3. The total hourly stipend to be paid to eligible
22 youth, with a description of the portion of the stipend
23 proposed to be paid by the eligible business and the portion
24 of the stipend proposed to be paid by the state;
25 4. The anticipated term of the internship;
26 5. The training and supervision to be provided by the
27 eligible business;
28 6. The impact of the grant funds on the ability of the
29 eligible business to employ the eligible youth through the
30 internship; and
31
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1 7. The prospects for unsubsidized employment of the
2 youth after the internship period concludes.
3 (b) An application for funding must also identify the
4 eligible youth to be hired under the internship and include
5 information to demonstrate that the eligible youth satisfies
6 the requirements of subsection (4).
7 (6) Workforce Florida, Inc., shall establish
8 guidelines governing the administration of this program which
9 facilitate access to the program by businesses and shall
10 establish criteria to be used in evaluating an application for
11 funding and the internship plan accompanying the application
12 as required under subsection (5). Such criteria must include,
13 but need not be limited to:
14 (a) The nature of the work to be performed by the
15 eligible youth;
16 (b) The potential experience and skills to be acquired
17 by the eligible youth;
18 (c) Whether the eligible business is classified in one
19 of the business sectors identified by Enterprise Florida,
20 Inc., as being strategically important to the economic
21 development efforts of the state or is classified in a
22 business sector identified as being strategically important to
23 the particular regional or local area in which the business is
24 located;
25 (d) The supervision, training, and counseling to be
26 provided to the eligible youth as part of the internship;
27 (e) The demonstrated need of the eligible business and
28 the amount of matching funds to be provided by the eligible
29 business; and
30
31
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1 (f) The extent to which the internship has potential
2 to result in permanent employment with the eligible business
3 at the completion of the internship or anytime thereafter.
4 (7) Before allocating funds for any grant application
5 under this program, Workforce Florida, Inc., shall execute a
6 simplified grant agreement with the eligible business. Such
7 agreement must include provisions for Workforce Florida, Inc.,
8 to have access to information about the performance of
9 eligible youth upon completion of the internship.
10 (8) Workforce Florida, Inc., shall ensure that any
11 forms or reports associated with this program which a business
12 or individual is required to complete are as concise and
13 simple to complete as practicable.
14 (9) Before the 2002 legislative session, Workforce
15 Florida, Inc., shall prepare a report describing the outcomes
16 of the pilot program authorized under this section. The report
17 must include a recommendation as to whether the Legislature
18 should continue to fund the program and on any changes
19 necessary to enhance the program. The report must be submitted
20 to the Governor, the President of the Senate, and the Speaker
21 of the House of Representatives by January 31, 2002.
22 Section 25. Pilot projects for incumbent workers with
23 disabilities.--There is established in three counties pilot
24 programs of targeted services for incumbent workers with
25 disabilities. These pilot programs are intended to offer
26 specialized services to individuals with disabilities who are
27 employed to assist them in overcoming barriers to advancement
28 into higher paying jobs which are particular to their
29 disability. The specialized services include, but are not
30 limited to, case management, assistive technology devices,
31 consultation with employers, specialized training, limited job
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1 coaching, referrals to continued training or other existing
2 services, and assistance with transportation. The provision of
3 these services shall be based on individual need and may range
4 from one-time assistance to intensive on-going supports. The
5 three counties identified for the pilot programs should
6 reflect a diversification of geographic locations and urban
7 and rural communities. Workforce Florida, Inc., shall develop
8 guidelines for the pilot programs, in consultation with the
9 Occupational Access and Opportunity Commission, including
10 delivery of service that allows maximum flexibility in
11 achieving advancement into higher paying jobs for individuals
12 with disabilities who are employed.
13 Section 26. Section 288.9955, Florida Statutes, is
14 transferred, renumbered as section 445.016, Florida Statutes,
15 and amended to read:
16 445.016 288.9955 Untried Worker Placement and
17 Employment Incentive Act.--
18 (1) This section may be cited as the "Untried Worker
19 Placement and Employment Incentive Act."
20 (2) For purposes of this section, the term "untried
21 worker" means a person who is a hard-to-place participant in
22 the welfare-transition program Work and Gain Economic
23 Self-sufficiency Program (WAGES) because he or she has
24 limitations associated with the long-term receipt of welfare
25 and difficulty in sustaining employment, particularly because
26 of physical or mental disabilities.
27 (3) Incentive payments may be made to for-profit or
28 not-for-profit agents selected by regional workforce boards
29 local WAGES coalitions who successfully place untried workers
30 in full-time employment for 6 months with an employer after
31 the employee successfully completes a probationary placement
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1 of no more than 6 months with that employer. Full-time
2 employment that includes health care benefits will receive an
3 additional incentive payment.
4 (4) The for-profit and not-for-profit agents shall
5 contract to provide services for no more than 1 year.
6 Contracts may be renewed upon successful review by the
7 contracting agent.
8 (5) Incentives must be paid according to the incentive
9 schedule developed by Workforce Florida, Inc., the Department
10 of Management Services, the Department of Labor and Employment
11 Security and the Department of Children and Family Services
12 which costs the state less per placement than the state's
13 12-month expenditure on a welfare recipient.
14 (6) During an untried worker's probationary placement,
15 the for-profit or not-for-profit agent shall be the employer
16 of record of that untried worker, and shall provide workers'
17 compensation and unemployment compensation coverage as
18 provided by law. The business employing the untried worker
19 through the agent may be eligible to apply for any tax
20 credits, wage supplementation, wage subsidy, or employer
21 payment for that employee that are authorized in law or by
22 agreement with the employer. After satisfactory completion of
23 such a probationary period, an untried worker shall not be
24 considered an untried worker.
25 (7) This section shall not be used for the purpose of
26 displacing or replacing an employer's regular employees, and
27 shall not interfere with executed collective bargaining
28 agreements. Untried workers shall be paid by the employer at
29 the same rate as similarly situated and assessed workers in
30 the same place of employment.
31
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1 (8) An employer that demonstrates a pattern of
2 unsuccessful placements shall be disqualified from
3 participation in these pilots because of poor return on the
4 public's investment.
5 (9) Any employer that chooses to employ untried
6 workers is eligible to receive such incentives and benefits
7 that are available and provided in law, as long as the
8 long-term, cost savings can be quantified with each such
9 additional inducement.
10 Section 27. Section 414.15, Florida Statutes, is
11 transferred, renumbered as section 445.017, Florida Statutes,
12 and amended to read:
13 445.017 414.15 Diversion.--
14 (1) Many customers of the one-stop delivery system A
15 segment of applicants do not need ongoing temporary cash
16 assistance, but, due to an unexpected circumstance or
17 emergency situation, require some immediate assistance to
18 secure or retain in meeting a financial obligation while they
19 are securing employment or child support. These immediate
20 obligations may include a shelter or utility payment, a car
21 repair to continue employment, or other services that
22 assistance which will alleviate the applicant's emergency
23 financial need and allow the person to focus on obtaining or
24 continuing employment.
25 (2) Up-front diversion shall involve four steps:
26 (a) Linking applicants with job opportunities as the
27 first option to meet the assistance group's need.
28 (b) Where possible, Offering services, such as child
29 care or transportation, one-time help as an alternative to
30 welfare.
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1 (c) Screening applicants to respond to emergency
2 needs.
3 (d) Offering a one-time payment of up to $1,000 per
4 family. Performing up-front fraud prevention investigations,
5 if appropriate.
6 (3) Before finding an applicant family eligible for
7 up-front diversion services funds, the regional workforce
8 board department must determine that all requirements of
9 eligibility for diversion services would likely be met.
10 (4) The regional workforce board department shall
11 screen each applicant family on a case-by-case basis for
12 barriers to obtaining or retaining employment. The screening
13 shall identify barriers that, if corrected, may prevent the
14 family from receiving temporary cash assistance on a regular
15 basis. Assistance to overcome a barrier to employment is not
16 limited to cash, but may include vouchers or other in-kind
17 benefits.
18 (5) The diversion payment shall be limited to an
19 amount not to exceed 2 months' temporary cash assistance,
20 based on family size.
21 (5)(6) The family receiving up-front diversion must
22 sign an agreement restricting the family from applying for
23 temporary cash assistance for 3 months, unless an emergency is
24 demonstrated to the department. If a demonstrated emergency
25 forces the family to reapply for temporary cash assistance
26 within 3 months after receiving a diversion payment, the
27 diversion payment shall be prorated over a 3-month the 2-month
28 period and subtracted from any regular payment of temporary
29 cash assistance for which the family applicant may be
30 eligible.
31
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1 Section 28. Section 445.018, Florida Statutes, is
2 created to read:
3 445.018 Diversion program to strengthen Florida's
4 families.--
5 (1) The diversion program to strengthen families in
6 this state is intended to provide services that assist
7 families in avoiding welfare dependency by gaining and
8 retaining employment.
9 (2) Before finding a family eligible for the diversion
10 program created under this section, a determination must be
11 made that:
12 (a) The family includes a pregnant woman or a parent
13 with one or more minor children or a caretaker relative with
14 one or more minor children.
15 (b) The family is at risk of welfare dependency
16 because the family's income does not exceed 200 percent of the
17 federal poverty level.
18 (c) The provision of services related to employment,
19 including assessment, service planning and coordination, job
20 placement, employment-related education or training,
21 child-care services, transportation services, relocation
22 services, workplace-employment support services, individual or
23 family counseling, or a Retention Incentive Training Account
24 (RITA), are likely to prevent the family from becoming
25 dependent on welfare by enabling employable adults in the
26 family to become employed, remain employed, or pursue career
27 advancement.
28 (3) The services provided under this section are not
29 considered assistance under federal law or guidelines.
30 (4) Each family that receives services under this
31 section must sign an agreement not to apply for temporary cash
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1 assistance for 6 months following the receipt of services,
2 unless an unanticipated emergency situation arises. If a
3 family applies for temporary cash assistance without a
4 documented emergency, the family must repay the value of the
5 diversion services provided. Repayment may be prorated over 6
6 months and shall be paid through a reduction in the amount of
7 any monthly temporary cash assistance payment received by the
8 family.
9 (5) Notwithstanding any provision to the contrary, a
10 family that meets the requirements of subsection (2) is
11 considered a needy family and is eligible for services under
12 this section.
13 Section 29. Section 414.159, Florida Statutes, is
14 transferred, renumbered as section 445.019, Florida Statutes,
15 and amended to read:
16 445.019 414.159 Teen parent and pregnancy prevention
17 diversion program; eligibility for services.--The Legislature
18 recognizes that teen pregnancy is a major cause of dependency
19 on government assistance that often extends through more than
20 one generation. The purpose of the teen parent and pregnancy
21 prevention diversion program is to provide services to reduce
22 and avoid welfare dependency by reducing teen pregnancy,
23 reducing the incidence of multiple pregnancies to teens, and
24 by assisting teens in completing educational programs.
25 (1) Notwithstanding any provision to the contrary in
26 ss. 414.075, 414.085, and 414.095, a teen who is determined to
27 be at risk of teen pregnancy or who already has a child shall
28 be deemed eligible to receive services under this program.
29 (2) Services provided under this program shall be
30 limited to services that are not considered assistance under
31 federal law or guidelines.
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1 (3) Receipt of services under this section does shall
2 not preclude eligibility for, or receipt of, other assistance
3 or services under this chapter 414.
4 Section 30. Section 445.020, Florida Statutes, is
5 created to read:
6 445.020 Diversion programs; determination of need.--If
7 federal regulations require a determination of needy families
8 or needy parents to be based on financial criteria, such as
9 income or resources, for individuals or families who are
10 receiving services, one-time payments, or nonrecurring
11 short-term benefits, the Department of Children and Family
12 Services shall adopt rules to define such criteria. In such
13 rules, the department, subject to approval by the board of
14 directors of Workforce Florida, Inc., shall use the income
15 level established for Temporary Assistance for Needy Families
16 funds which are transferred for use under Title XX of the
17 Social Security Act. If federal regulations do not require a
18 financial determination for receipt of such benefits,
19 payments, or services, the criteria otherwise established in
20 this chapter shall be used.
21 Section 31. Section 414.155, Florida Statutes, is
22 transferred, renumbered as section 445.021, Florida Statutes,
23 and amended to read:
24 445.021 414.155 Relocation assistance program.--
25 (1) The Legislature recognizes that the need for
26 public assistance may arise because a family is located in an
27 area with limited employment opportunities, because of
28 geographic isolation, because of formidable transportation
29 barriers, because of isolation from their extended family, or
30 because domestic violence interferes with the ability of a
31 parent to maintain self-sufficiency. Accordingly, there is
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1 established a program to assist families in relocating to
2 communities with greater opportunities for self-sufficiency.
3 (2) The relocation assistance program shall involve
4 five steps by the regional workforce board, in cooperation
5 with the Department of Children and Family Services or a local
6 WAGES coalition:
7 (a) A determination that the family is receiving
8 temporary cash assistance a WAGES Program participant or that
9 all requirements of eligibility for diversion services the
10 WAGES Program would likely be met.
11 (b) A determination that there is a basis for
12 believing that relocation will contribute to the ability of
13 the applicant to achieve self-sufficiency. For example, the
14 applicant:
15 1. Is unlikely to achieve economic self-sufficiency
16 independence at the current community of residence;
17 2. Has secured a job that provides an increased salary
18 or improved benefits and that requires relocation to another
19 community;
20 3. Has a family support network that will contribute
21 to job retention in another community; or
22 4. Is determined, pursuant to criteria or procedures
23 established by the WAGES Program State board of directors of
24 Workforce Florida, Inc., to be a victim of domestic violence
25 who would experience reduced probability of further incidents
26 through relocation; or.
27 5. Must relocate in order to receive education or
28 training that is directly related to the applicant's
29 employment or career advancement.
30 (c) Establishment of a relocation plan that which
31 includes such requirements as are necessary to prevent abuse
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1 of the benefit and provisions to protect the safety of victims
2 of domestic violence and avoid provisions that place them in
3 anticipated danger. The payment to defray relocation expenses
4 shall be determined based on criteria a rule approved by the
5 WAGES Program State board of directors of Workforce Florida,
6 Inc. and adopted by the department. Participants in the
7 relocation program shall be eligible for diversion or
8 transitional benefits.
9 (d) A determination, pursuant to criteria adopted by
10 the WAGES Program State board of directors of Workforce
11 Florida, Inc., that a Florida community receiving a relocated
12 family has the capacity to provide needed services and
13 employment opportunities.
14 (e) Monitoring the relocation.
15 (3) A family receiving relocation assistance for
16 reasons other than domestic violence must sign an agreement
17 restricting the family from applying for temporary cash
18 assistance for a period of 6 months specified in a rule
19 approved by the WAGES Program State Board of Directors and
20 adopted by the department, unless an emergency is demonstrated
21 to the regional workforce board department. If a demonstrated
22 emergency forces the family to reapply for temporary cash
23 assistance within such period, after receiving a relocation
24 assistance payment, repayment must be made on a prorated basis
25 and subtracted from any regular payment of temporary cash
26 assistance for which the applicant may be eligible, as
27 specified in a rule approved by the WAGES Program State Board
28 of Directors and adopted by the department.
29 (4) The department shall have authority to adopt rules
30 pursuant to the Administrative Procedure Act to determine that
31
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1 a community has the capacity to provide services and
2 employment opportunities for a relocated family.
3 (4)(5) The board of directors of Workforce Florida,
4 Inc., may establish criteria for developing and implementing
5 department shall have authority to adopt rules pursuant to the
6 Administrative Procedure Act to develop and implement
7 relocation plans and for drafting agreements to restrict to
8 draft an agreement restricting a family from applying for
9 temporary cash assistance for a specified period after
10 receiving a relocation assistance payment.
11 Section 32. Section 414.223, Florida Statutes, is
12 transferred, renumbered as section 445.022, Florida Statutes,
13 and amended to read:
14 445.022 414.223 Retention Incentive Training
15 Accounts.--To promote job retention and to enable upward job
16 advancement into higher skilled, higher paying employment, the
17 WAGES Program State board of directors of Workforce Florida,
18 Inc., and, the Workforce Development Board, regional workforce
19 development boards, and local WAGES coalitions may jointly
20 assemble, from postsecondary education institutions, a list of
21 programs and courses for WAGES participants who have become
22 employed which promote job retention and advancement.
23 (1) The WAGES Program State board of directors of
24 Workforce Florida, Inc., and the Workforce Development Board
25 may jointly establish Retention Incentive Training Accounts
26 (RITAs). RITAs shall utilize Temporary Assistance to Needy
27 Families (TANF) block grant funds specifically appropriated
28 for this purpose. RITAs must complement the Individual
29 Training Account required by the federal Workforce Investment
30 Act of 1998, Pub. L. No. 105-220.
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1 (2) RITAs may pay for tuition, fees, educational
2 materials, coaching and mentoring, performance incentives,
3 transportation to and from courses, child care costs during
4 education courses, and other such costs as the regional
5 workforce development boards determine are necessary to effect
6 successful job retention and advancement.
7 (3) Regional workforce development boards shall retain
8 only those courses that continue to meet their performance
9 standards as established in their local plan.
10 (4) Regional workforce development boards shall report
11 annually to the Legislature on the measurable retention and
12 advancement success of each program provider and the
13 effectiveness of RITAs, making recommendations for any needed
14 changes or modifications.
15 Section 33. Section 414.18, Florida Statutes, is
16 transferred, renumbered as section 445.023, Florida Statutes,
17 and amended to read:
18 445.023 414.18 Program for dependent care for families
19 with children with special needs.--
20 (1) There is created the program for dependent care
21 for families with children with special needs. This program
22 is intended to provide assistance to families with children
23 who meet the following requirements:
24 (a) The child or children are between the ages of 13
25 and 17 years, inclusive.
26 (b) The child or children are considered to be
27 children with special needs as defined by the subsidized child
28 care program authorized under s. 402.3015.
29 (c) The family meets the income guidelines established
30 under s. 402.3015. Financial eligibility for this program
31 shall be based solely on the guidelines used for subsidized
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1 child care, notwithstanding any financial eligibility criteria
2 to the contrary in s. 414.075, s. 414.085, or s. 414.095.
3 (2) Implementation of this program shall be subject to
4 appropriation of funds for this purpose.
5 (3) If federal funds under the Temporary Assistance
6 for Needy Families block grant provided under Title IV-A of
7 the Social Security Act, as amended, are used for this
8 program, the family must be informed about the federal
9 requirements on receipt of such assistance and must sign a
10 written statement acknowledging, and agreeing to comply with,
11 all federal requirements.
12 (4) In addition to child care services provided under
13 s. 402.3015, dependent care may be provided for children age
14 13 years and older who are in need of care due to disability
15 and where such care is needed for the parent to accept or
16 continue employment or otherwise participate in work
17 activities. The amount of subsidy shall be consistent with the
18 rates for special needs child care established by the
19 department. Dependent care needed for employment may be
20 provided as transitional services for up to 2 years after
21 eligibility for temporary cash WAGES assistance ends.
22 (5) Notwithstanding any provision of s. 414.105 to the
23 contrary, the time limitation on receipt of assistance under
24 this section shall be the limit established pursuant to s.
25 408(a)(7) of the Social Security Act, as amended, 42 U.S.C. s.
26 608(a)(7).
27 Section 34. Section 445.024, Florida Statutes, is
28 created to read:
29 445.024 Work requirements.--
30 (1) WORK ACTIVITIES.--The following activities may be
31 used individually or in combination to satisfy the work
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1 requirements for a participant in the temporary cash
2 assistance program:
3 (a) Unsubsidized employment.--Unsubsidized employment
4 is full-time employment or part-time employment that is not
5 directly supplemented by federal or state funds. Paid
6 apprenticeship and cooperative education activities are
7 included in this activity.
8 (b) Subsidized private sector employment.--Subsidized
9 private sector employment is employment in a private
10 for-profit enterprise or a private not-for-profit enterprise
11 which is directly supplemented by federal or state funds. A
12 subsidy may be provided in one or more of the forms listed in
13 this paragraph.
14 1. Work supplementation.--A work supplementation
15 subsidy diverts a participant's temporary cash assistance
16 under the program to the employer. The employer must pay the
17 participant wages that equal or exceed the applicable federal
18 minimum wage. Work supplementation may not exceed 6 months. At
19 the end of the supplementation period, the employer is
20 expected to retain the participant as a regular employee
21 without receiving a subsidy. A work supplementation agreement
22 may not be continued with any employer who exhibits a pattern
23 of failing to provide participants with continued employment
24 after the period of work supplementation ends.
25 2. On-the-job training.--On-the-job training is
26 full-time, paid employment in which the employer or an
27 educational institution in cooperation with the employer
28 provides training needed for the participant to perform the
29 skills required for the position. The employer or the
30 educational institution on behalf of the employer receives a
31 subsidy to offset the cost of the training provided to the
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1 participant. Upon satisfactory completion of the training, the
2 employer is expected to retain the participant as a regular
3 employee without receiving a subsidy. An on-the-job training
4 agreement may not be continued with any employer who exhibits
5 a pattern of failing to provide participants with continued
6 employment after the on-the-job training subsidy ends.
7 3. Incentive payments.--Regional workforce boards may
8 provide additional incentive payments to encourage employers
9 to employ program participants. Incentive payments may include
10 payments to encourage the employment of hard-to-place
11 participants, in which case the amount of the payment shall be
12 weighted proportionally to the extent to which the participant
13 has limitations associated with the long-term receipt of
14 welfare and difficulty in sustaining employment. Incentive
15 payments may also include payments to encourage employers to
16 provide health care insurance benefits to current or former
17 program participants. In establishing incentive payments,
18 regional workforce boards shall consider the extent of prior
19 receipt of welfare, lack of employment experience, lack of
20 education, lack of job skills, and other appropriate factors.
21 A participant who has complied with program requirements and
22 who is approaching the time limit for receiving temporary cash
23 assistance may be defined as "hard-to-place." Incentive
24 payments may include payments in which an initial payment is
25 made to the employer upon the employment of a participant, and
26 the majority of the incentive payment is made after the
27 employer retains the participant as a full-time employee for
28 at least 12 months. An incentive agreement may not be
29 continued with any employer who exhibits a pattern of failing
30 to provide participants with continued employment after the
31 incentive payments cease.
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1 4. Tax credits.--An employer who employs a program
2 participant may qualify for enterprise zone property tax
3 credits under s. 220.182, the tax refund program for qualified
4 target industry businesses under s. 288.106, or other federal
5 or state tax benefits. The department shall provide
6 information and assistance, as appropriate, to use such
7 credits to accomplish program goals.
8 5. Training bonus.--An employer who hires a
9 participant in the welfare-transition program and pays the
10 participant a wage that precludes the participant's
11 eligibility for temporary cash assistance may receive $250 for
12 each full month of employment for a period that may not exceed
13 3 months. An employer who receives a training bonus for an
14 employee may not receive a work supplementation subsidy for
15 the same employee. Employment is defined as 35 hours per week
16 at a wage of no less than minimum wage.
17 (c) Subsidized public sector employment.--Subsidized
18 public sector employment is employment by an agency of the
19 federal, state, or local government which is directly
20 supplemented by federal or state funds. The applicable
21 subsidies provided under paragraph (b) may be used to
22 subsidize employment in the public sector, except that
23 priority for subsidized employment shall be employment in the
24 private sector. Public sector employment is distinguished from
25 work experience in that the participant is paid wages and
26 receives the same benefits as a nonsubsidized employee who
27 performs similar work. Work-study activities administered by
28 educational institutions are included in this activity.
29 (d) Community service work experience.--Community
30 service work experience is job training experience at a
31 supervised public or private not-for-profit agency. A
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1 participant shall receive temporary cash assistance in the
2 form of wages, which, when combined with the value of food
3 stamps awarded to the participant, is proportional to the
4 amount of time worked. A participant in the welfare-transition
5 program or the Food Stamp Employment and Training program
6 assigned to community service work experience shall be deemed
7 an employee of the state for purposes of workers' compensation
8 coverage and is subject to the requirements of the drug-free
9 workplace program. Community service work experience may be
10 selected as an activity for a participant who needs to
11 increase employability by improving his or her interpersonal
12 skills, job-retention skills, stress management, and job
13 problem solving, and by learning to attain a balance between
14 job and personal responsibilities. Community service is
15 intended to:
16 1. Assess compliance with requirements of the
17 welfare-transition program before referral of the participant
18 to costly services such as career education;
19 2. Maintain work activity status while the participant
20 awaits placement into paid employment or training;
21 3. Fulfill a clinical practicum or internship
22 requirement related to employment; or
23 4. Provide work-based mentoring.
24
25 As used in this paragraph, the terms "community service
26 experience," "community work," and "workfare" are synonymous.
27 (e) Work experience.--Work experience is an
28 appropriate work activity for participants who lack
29 preparation for or experience in the workforce. It must
30 combine a job training activity in a public or private
31 not-for-profit agency with education and training related to
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1 an employment goal. To qualify as a work activity, work
2 experience must include education and training in addition to
3 the time required by the work activity, and the work activity
4 must be intensively supervised and structured. Regional
5 workforce boards shall contract for any services provided for
6 clients who are assigned to this activity and shall require
7 performance benchmarks, goals, outcomes, and time limits
8 designed to assure that the participant moves toward full-time
9 paid employment. A participant shall receive temporary cash
10 assistance proportional to the time worked. A participant
11 assigned to work experience is an employee of the state for
12 purposes of workers' compensation coverage and is subject to
13 the requirements of the drug-free workplace program.
14 (f) Job search and job readiness assistance.--Job
15 search assistance may include supervised or unsupervised
16 job-seeking activities. Job readiness assistance provides
17 support for job-seeking activities, which may include:
18 1. Orientation to the world of work and basic
19 job-seeking and job retention skills.
20 2. Instruction in completing an application for
21 employment and writing a resume.
22 3. Instruction in conducting oneself during a job
23 interview, including appropriate dress.
24 4. Instruction in how to retain a job, plan a career,
25 and perform successfully in the workplace.
26
27 Job readiness assistance may also include providing a
28 participant with access to an employment resource center that
29 contains job listings, telephones, facsimile machines,
30 typewriters, and word processors. Job search and job readiness
31 activities may be used in conjunction with other program
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1 activities, such as work experience, but may not be the
2 primary work activity for longer than the length of time
3 permitted under federal law.
4 (g) Vocational education or training.--Vocational
5 education or training is education or training designed to
6 provide participants with the skills and certification
7 necessary for employment in an occupational area. Vocational
8 education or training may be used as a primary program
9 activity for participants when it has been determined that the
10 individual has demonstrated compliance with other phases of
11 program participation and successful completion of the
12 vocational education or training is likely to result in
13 employment entry at a higher wage than the participant would
14 have been likely to attain without completion of the
15 vocational education or training. Vocational education or
16 training may be combined with other program activities and
17 also may be used to upgrade skills or prepare for a higher
18 paying occupational area for a participant who is employed.
19 1. Unless otherwise provided in this section,
20 vocational education shall not be used as the primary program
21 activity for a period which exceeds 12 months. The 12-month
22 restriction applies to instruction in a career education
23 program and does not include remediation of basic skills,
24 including English language proficiency, if remediation is
25 necessary to enable a participant to benefit from a career
26 education program. Any necessary remediation must be completed
27 before a participant is referred to vocational education as
28 the primary work activity. In addition, use of vocational
29 education or training shall be restricted to the limitation
30 established in federal law. Vocational education included in a
31
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1 program leading to a high school diploma shall not be
2 considered vocational education for purposes of this section.
3 2. When possible, a provider of vocational education
4 or training shall use funds provided by funding sources other
5 than the regional workforce board. The regional workforce
6 board may provide additional funds to a vocational education
7 or training provider only if payment is made pursuant to a
8 performance-based contract. Under a performance-based
9 contract, the provider may be partially paid when a
10 participant completes education or training, but the majority
11 of payment shall be made following the participant's
12 employment at a specific wage or job retention for a specific
13 duration. Performance-based payments made under this
14 subparagraph are limited to education or training for targeted
15 occupations identified by the Workforce Estimating Conference
16 under s. 216.136, or other programs identified by Workforce
17 Florida, Inc., as beneficial to meet the needs of designated
18 groups who are hard to place. If the contract pays the full
19 cost of training, the community college or school district may
20 not report the participants for other state funding.
21 (h) Job skills training.--Job skills training includes
22 customized training designed to meet the needs of a specific
23 employer or a specific industry. Job skills training shall
24 include literacy instruction, and may include English
25 proficiency instruction or Spanish language or other language
26 instruction if necessary to enable a participant to perform in
27 a specific job or job training program or if the training
28 enhances employment opportunities in the local community. A
29 participant may be required to complete an entrance assessment
30 or test before entering into job skills training.
31
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1 (i) Education services related to employment for
2 participants 19 years of age or younger.--Education services
3 provided under this paragraph are designed to prepare a
4 participant for employment in an occupation. The department
5 shall coordinate education services with the school-to-work
6 activities provided under s. 229.595. Activities provided
7 under this paragraph are restricted to participants 19 years
8 of age or younger who have not completed high school or
9 obtained a high school equivalency diploma.
10 (j) School attendance.--Attendance at a high school or
11 attendance at a program designed to prepare the participant to
12 receive a high school equivalency diploma is a required
13 program activity for each participant 19 years of age or
14 younger who:
15 1. Has not completed high school or obtained a high
16 school equivalency diploma;
17 2. Is a dependent child or a head of household; and
18 3. For whom it has not been determined that another
19 program activity is more appropriate.
20 (k) Teen parent services.--Participation in medical,
21 educational, counseling, and other services that are part of a
22 comprehensive program is a required activity for each teen
23 parent who participates in the welfare-transition program.
24 (l) Extended education and training.--Notwithstanding
25 any other provisions of this section to the contrary, the
26 board of directors of Workforce Florida, Inc., may approve a
27 plan by a regional workforce board for assigning, as work
28 requirements, educational activities that exceed or are not
29 included in those provided elsewhere in this section and that
30 do not comply with federal work participation requirement
31 limitations. In order to be eligible to implement this
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1 provision, a regional workforce board must continue to exceed
2 the overall federal work participation rate requirements. For
3 purposes of this paragraph, the board of directors of
4 Workforce Florida, Inc., may adjust the regional participation
5 requirement based on regional caseload decline. However, this
6 adjustment is limited to no more than the adjustment produced
7 by the calculation used to generate federal adjustments to the
8 participation requirement due to caseload decline.
9 (m) GED preparation and literacy education.--
10 1. If a work-eligible adult recipient of temporary
11 cash assistance does not have a high school diploma or has not
12 received a general equivalency diploma (GED), time spent
13 attending secondary school or a course of study leading to a
14 GED may count toward the recipient's minimum monthly
15 work-participation requirement.
16 2. If literacy is a barrier to employment for a
17 work-eligible adult recipient of temporary cash assistance,
18 time spent in adult education courses related to literacy or
19 in courses in English-language proficiency may count toward
20 the recipient's minimum monthly work-participation
21 requirement.
22 (2) WORK ACTIVITY REQUIREMENTS.--Each individual who
23 is not otherwise exempt must participate in a work activity,
24 except for community service work experience, for the maximum
25 number of hours allowable under federal law, provided that no
26 participant be required to work more than 40 hours per week or
27 less than the minimum number of hours required by federal law.
28 The maximum number of hours each month that a participant may
29 be required to participate in community service activities is
30 the greater of: the number of hours that would result from
31 dividing the family's monthly amount for temporary cash
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1 assistance and food stamps by the federal minimum wage and
2 then dividing that result by the number of participants in the
3 family who participate in community service activities; or the
4 minimum required to meet federal participation requirements.
5 However, in no case shall the maximum hours required per week
6 for community work experience exceed 40 hours. An applicant
7 shall be referred for employment at the time of application if
8 the applicant is eligible to participate in the
9 welfare-transition program.
10 (a) A participant in a work activity may also be
11 required to enroll in and attend a course of instruction
12 designed to increase literacy skills to a level necessary for
13 obtaining or retaining employment, provided that the
14 instruction plus the work activity does not require more than
15 40 hours per week.
16 (b) Program funds may be used, as available, to
17 support the efforts of a participant who meets the work
18 activity requirements and who wishes to enroll in or continue
19 enrollment in an adult general education program or a career
20 education program.
21 (3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
22 following individuals are exempt from work activity
23 requirements:
24 (a) A minor child under age 16.
25 (b) An individual who receives benefits under the
26 Supplemental Security Income program or the Social Security
27 Disability Insurance program.
28 (c) Adults who are not included in the calculation of
29 temporary cash assistance in child-only cases.
30 (d) One custodial parent with a child under 3 months
31 of age, except that the parent may be required to attend
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1 parenting classes or other activities to better prepare for
2 the responsibilities of raising a child. If the custodial
3 parent is age 19 or younger and has not completed high school
4 or the equivalent, he or she may be required to attend school
5 or other appropriate educational activities.
6 (4) PRIORITIZATION OF WORK REQUIREMENTS.--Regional
7 workforce boards shall require participation in work
8 activities to the maximum extent possible, subject to federal
9 and state funding. If funds are projected to be insufficient
10 to allow full-time work activities by all program participants
11 who are required to participate in work activities, regional
12 workforce boards shall screen participants and assign priority
13 based on the following:
14 (a) In accordance with federal requirements, at least
15 one adult in each two-parent family shall be assigned priority
16 for full-time work activities.
17 (b) Among single-parent families, a family that has
18 older preschool children or school-age children shall be
19 assigned priority for work activities.
20 (c) A participant who has access to nonsubsidized
21 child care may be assigned priority for work activities.
22 (d) Priority may be assigned based on the amount of
23 time remaining until the participant reaches the applicable
24 time limit for program participation or may be based on
25 requirements of a case plan.
26
27 Regional workforce boards may limit a participant's weekly
28 work requirement to the minimum required to meet federal work
29 activity requirements in lieu of the level defined in
30 subsection (2). Regional workforce boards may develop
31 screening and prioritization procedures based on the
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1 allocation of resources, the availability of community
2 resources, or the work activity needs of the service district.
3 (5) USE OF CONTRACTS.--Regional workforce boards shall
4 provide work activities, training, and other services, as
5 appropriate, through contracts. In contracting for work
6 activities, training, or services, the following applies:
7 (a) A contract must be performance-based. Payment
8 shall be tied to performance outcomes that include factors
9 such as, but not limited to, diversion from cash assistance,
10 job entry, job entry at a target wage, job retention, and
11 connection to transition services rather than tied to
12 completion of training or education or any other phase of the
13 program participation process.
14 (b) A contract may include performance-based incentive
15 payments that may vary according to the extent to which the
16 participant is more difficult to place. Contract payments may
17 be weighted proportionally to reflect the extent to which the
18 participant has limitations associated with the long-term
19 receipt of welfare and difficulty in sustaining employment.
20 The factors may include the extent of prior receipt of
21 welfare, lack of employment experience, lack of education,
22 lack of job skills, and other factors determined appropriate
23 by the regional workforce board.
24 (c) Notwithstanding the exemption from the competitive
25 sealed bid requirements provided in s. 287.057(3)(f) for
26 certain contractual services, each contract awarded under this
27 chapter must be awarded on the basis of a competitive sealed
28 bid, except for a contract with a governmental entity as
29 determined by the regional workforce board.
30 (d) Regional workforce boards may contract with
31 commercial, charitable, or religious organizations. A contract
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1 must comply with federal requirements with respect to
2 nondiscrimination and other requirements that safeguard the
3 rights of participants. Services may be provided under
4 contract, certificate, voucher, or other form of disbursement.
5 (e) The administrative costs associated with a
6 contract for services provided under this section may not
7 exceed the applicable administrative cost ceiling established
8 in federal law. An agency or entity that is awarded a contract
9 under this section may not charge more than 7 percent of the
10 value of the contract for administration, unless an exception
11 is approved by the regional workforce board. A list of any
12 exceptions approved must be submitted to the board of
13 directors of Workforce Florida, Inc., for review, and the
14 board may rescind approval of the exception.
15 (f) Regional workforce boards may enter into contracts
16 to provide short-term work experience for the chronically
17 unemployed as provided in this section.
18 (g) A tax-exempt organization under s. 501(c) of the
19 Internal Revenue Code of 1986 which receives funds under this
20 chapter must disclose receipt of federal funds on any
21 advertising, promotional, or other material in accordance with
22 federal requirements.
23 (6) PROTECTIONS FOR PARTICIPANTS.--Each participant is
24 subject to the same health, safety, and nondiscrimination
25 standards established under federal, state, or local laws that
26 otherwise apply to other individuals engaged in similar
27 activities who are not participants in the welfare-transition
28 program.
29 (7) PROTECTION FOR CURRENT EMPLOYEES.--In establishing
30 and contracting for work experience and community service
31 activities, other work experience activities, on-the-job
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1 training, subsidized employment, and work supplementation
2 under the welfare-transition program, an employed worker may
3 not be displaced, either completely or partially. A
4 participant may not be assigned to an activity or employed in
5 a position if the employer has created the vacancy or
6 terminated an existing employee without good cause in order to
7 fill that position with a program participant.
8 (8) CONTRACTS FOR VOCATIONAL ASSESSMENTS AND WORK
9 EVALUATIONS.--Vocational assessments or work evaluations by
10 the Division of Vocational Rehabilitation pursuant to this
11 section shall be performed under contract with the regional
12 workforce boards.
13 Section 35. Section 414.20, Florida Statutes, is
14 transferred, renumbered as section 445.025, Florida Statutes,
15 and amended to read:
16 445.025 414.20 Other support services.--Support
17 services shall be provided, if resources permit, to assist
18 participants in complying with work activity requirements
19 outlined in s. 445.024 s. 414.065. If resources do not permit
20 the provision of needed support services, the regional
21 workforce board department and the local WAGES coalition may
22 prioritize or otherwise limit provision of support services.
23 This section does not constitute an entitlement to support
24 services. Lack of provision of support services may be
25 considered as a factor in determining whether good cause
26 exists for failing to comply with work activity requirements
27 but does not automatically constitute good cause for failing
28 to comply with work activity requirements, and does not affect
29 any applicable time limit on the receipt of temporary cash
30 assistance or the provision of services under this chapter
31
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1 414. Support services shall include, but need not be limited
2 to:
3 (1) TRANSPORTATION.--Transportation expenses may be
4 provided to any participant when the assistance is needed to
5 comply with work activity requirements or employment
6 requirements, including transportation to and from a child
7 care provider. Payment may be made in cash or tokens in
8 advance or through reimbursement paid against receipts or
9 invoices. Transportation services may include, but are not
10 limited to, cooperative arrangements with the following:
11 public transit providers; community transportation
12 coordinators designated under chapter 427; school districts;
13 churches and community centers; donated motor vehicle
14 programs, van pools, and ridesharing programs; small
15 enterprise developments and entrepreneurial programs that
16 encourage WAGES participants to become transportation
17 providers; public and private transportation partnerships; and
18 other innovative strategies to expand transportation options
19 available to program participants.
20 (a) Regional workforce boards may Local WAGES
21 coalitions are authorized to provide payment for vehicle
22 operational and repair expenses, including repair expenditures
23 necessary to make a vehicle functional; vehicle registration
24 fees; driver's license fees; and liability insurance for the
25 vehicle for a period of up to 6 months. Request for vehicle
26 repairs must be accompanied by an estimate of the cost
27 prepared by a repair facility registered under s. 559.904.
28 (b) Transportation disadvantaged funds as defined in
29 chapter 427 do not include WAGES support services funds or
30 funds appropriated to assist persons eligible under the Job
31 Training Partnership Act. It is the intent of the Legislature
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1 that local WAGES coalitions and regional workforce development
2 boards consult with local community transportation
3 coordinators designated under chapter 427 regarding the
4 availability and cost of transportation services through the
5 coordinated transportation system prior to contracting for
6 comparable transportation services outside the coordinated
7 system.
8 (2) ANCILLARY EXPENSES.--Ancillary expenses such as
9 books, tools, clothing, fees, and costs necessary to comply
10 with work activity requirements or employment requirements may
11 be provided.
12 (3) MEDICAL SERVICES.--A family that meets the
13 eligibility requirements for Medicaid shall receive medical
14 services under the Medicaid program.
15 (4) PERSONAL AND FAMILY COUNSELING AND
16 THERAPY.--Counseling may be provided to participants who have
17 a personal or family problem or problems caused by substance
18 abuse that is a barrier to compliance with work activity
19 requirements or employment requirements. In providing these
20 services, regional workforce boards the department and local
21 WAGES coalitions shall use services that are available in the
22 community at no additional cost. If these services are not
23 available, regional workforce boards the department and local
24 WAGES coalitions may use support services funds. Personal or
25 family counseling not available through Medicaid may not be
26 considered a medical service for purposes of the required
27 statewide implementation plan or use of federal funds.
28 Section 36. Section 414.1525, Florida Statutes, is
29 transferred, renumbered as section 445.026, Florida Statutes,
30 and amended to read:
31
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1 445.026 414.1525 Cash assistance severance benefit
2 WAGES early exit diversion program.--An individual who meets
3 the criteria listed in this section may choose to receive a
4 lump-sum payment in lieu of ongoing cash assistance payments,
5 provided the individual:
6 (1) Is employed and is receiving earnings, and would
7 be eligible to receive cash assistance in an amount less than
8 $100 per month given the WAGES earnings disregard.
9 (2) Has received cash assistance for at least 6 3
10 consecutive months.
11 (3) Expects to remain employed for at least 6 months.
12 (4) Chooses to receive a one-time, lump-sum payment in
13 lieu of ongoing monthly payments.
14 (5) Provides employment and earnings information to
15 the regional workforce board department, so that the regional
16 workforce board department can ensure that the family's
17 eligibility for severance transitional benefits can be
18 evaluated.
19 (6) Signs an agreement not to apply for or accept cash
20 assistance for 6 months after receipt of the one-time payment.
21 In the event of an emergency, such agreement shall provide for
22 an exception to this restriction, provided that the one-time
23 payment shall be deducted from any cash assistance for which
24 the family subsequently is approved. This deduction may be
25 prorated over an 8-month period. The board of directors of
26 Workforce Florida, Inc., department shall adopt criteria rules
27 defining the conditions under which a family may receive cash
28 assistance due to such emergency.
29
30 Such individual may choose to accept a one-time, lump-sum
31 payment of $1,000 in lieu of receiving ongoing cash
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1 assistance. Such payment shall only count toward the time
2 limitation for the month in which the payment is made in lieu
3 of cash assistance. A participant choosing to accept such
4 payment shall be terminated from cash assistance. However,
5 eligibility for Medicaid, food stamps, or child care shall
6 continue, subject to the eligibility requirements of those
7 programs.
8 Section 37. Section 445.028, Florida Statutes, is
9 created to read:
10 445.028 Transitional benefits and services.--In
11 cooperation with Workforce Florida, Inc., the Department of
12 Children and Family Services shall develop procedures to
13 ensure that families leaving the temporary cash assistance
14 program receive transitional benefits and services that will
15 assist the family in moving toward self-sufficiency. At a
16 minimum, such procedures must include, but are not limited to,
17 the following:
18 (1) Each recipient of cash assistance who is
19 determined ineligible for cash assistance for a reason other
20 than a work activity sanction shall be contacted by the
21 workforce system case manager and provided information about
22 the availability of transitional benefits and services. Such
23 contact shall be attempted prior to closure of the case
24 management file.
25 (2) Each recipient of temporary cash assistance who is
26 determined ineligible for cash assistance due to noncompliance
27 with the work activity requirements shall be contacted and
28 provided information in accordance with s. 414.065(1).
29 (3) The department, in consultation with the board of
30 directors of Workforce Florida, Inc., shall develop
31 informational material, including posters and brochures, to
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1 better inform families about the availability of transitional
2 benefits and services.
3 (4) Workforce Florida, Inc., in cooperation with the
4 Department of Children and Family Services shall, to the
5 extent permitted by federal law, develop procedures to
6 maximize the utilization of transitional Medicaid by families
7 who leave the temporary cash assistance program.
8 Section 38. Section 414.21, Florida Statutes, is
9 transferred, renumbered as section 445.029, Florida Statutes,
10 and amended to read:
11 445.029 414.21 Transitional medical benefits.--
12 (1) A family that loses its temporary cash assistance
13 due to earnings shall remain eligible for Medicaid without
14 reapplication during the immediately succeeding 12-month
15 period if private medical insurance is unavailable from the
16 employer or is unaffordable.
17 (a) The family shall be denied Medicaid during the
18 12-month period for any month in which the family does not
19 include a dependent child.
20 (b) The family shall be denied Medicaid if, during the
21 second 6 months of the 12-month period, the family's average
22 gross monthly earnings during the preceding month exceed 185
23 percent of the federal poverty level.
24 (2) The family shall be informed of transitional
25 Medicaid when the family is notified by the Department of
26 Children and Family Services of the termination of temporary
27 cash assistance. The notice must include a description of the
28 circumstances in which the transitional Medicaid may be
29 terminated.
30
31
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1 Section 39. Section 414.22, Florida Statutes, is
2 transferred, renumbered as section 445.030, Florida Statutes,
3 and amended to read:
4 445.030 414.22 Transitional education and
5 training.--In order to assist current and former recipients of
6 temporary cash assistance participants who are working or
7 actively seeking employment in continuing their training and
8 upgrading their skills, education, or training, support
9 services may be provided to a participant for up to 2 years
10 after the family participant is no longer receiving temporary
11 cash assistance in the program. This section does not
12 constitute an entitlement to transitional education and
13 training. If funds are not sufficient to provide services
14 under this section, the WAGES Program State board of directors
15 of Workforce Florida, Inc., may limit or otherwise prioritize
16 transitional education and training.
17 (1) Education or training resources available in the
18 community at no additional cost to the WAGES Program shall be
19 used whenever possible.
20 (2) Regional workforce boards The local WAGES
21 coalitions may authorize child care or other support services
22 in addition to services provided in conjunction with
23 employment. For example, a participant who is employed full
24 time may receive subsidized child care related to that
25 employment and may also receive additional subsidized child
26 care in conjunction with training to upgrade the participant's
27 skills.
28 (3) Transitional education or training must be
29 job-related, but may include training to improve job skills in
30 a participant's existing area of employment or may include
31
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1 training to prepare a participant for employment in another
2 occupation.
3 (4) A regional workforce board local WAGES coalition
4 may enter into an agreement with an employer to share the
5 costs relating to upgrading the skills of participants hired
6 by the employer. For example, a regional workforce board local
7 WAGES coalitions may agree to provide support services such as
8 transportation or a wage subsidy in conjunction with training
9 opportunities provided by the employer.
10 Section 40. Section 414.225, Florida Statutes, is
11 transferred, renumbered as section 445.031, Florida Statutes,
12 and amended to read:
13 445.031 414.225 Transitional transportation.--In order
14 to assist former recipients of temporary cash assistance WAGES
15 participants in maintaining and sustaining employment or
16 educational opportunities, transportation may be provided, if
17 funds are available, for up to 2 years 1 year after the
18 participant is no longer in the program. This does not
19 constitute an entitlement to transitional transportation. If
20 funds are not sufficient to provide services under this
21 section, regional workforce boards the department may limit or
22 otherwise prioritize transportation services.
23 (1) Transitional transportation must be job or
24 education related.
25 (2) Transitional transportation may include expenses
26 identified in s. 445.025 s. 414.20, paid directly or by
27 voucher, as well as a vehicle valued at not more than $8,500
28 if the vehicle is needed for training, employment, or
29 educational purposes.
30 Section 41. Section 445.032, Florida Statutes, is
31 created to read:
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1 445.032 Transitional child care.--In order to assist
2 former recipients of temporary cash assistance in maintaining
3 and sustaining employment or educational opportunities, child
4 care services may be provided, pursuant to s. 402.3015(3), for
5 up to 2 years after the family is no longer receiving
6 temporary cash assistance. This does not constitute an
7 entitlement to transitional child care services. If funds are
8 not sufficient to provide services under this section,
9 regional workforce boards may limit or prioritize child care
10 services.
11 Section 42. Section 414.23, Florida Statutes, is
12 transferred, renumbered as section 445.033, Florida Statutes,
13 and amended to read:
14 445.033 414.23 Evaluation.--The department and the
15 WAGES Program State board of directors of Workforce Florida,
16 Inc., and the Department of Children and Family Services shall
17 arrange for evaluation of TANF-funded programs operated under
18 this chapter, as follows:
19 (1) If required by federal waivers or other federal
20 requirements, the department and the WAGES Program State board
21 of directors of Workforce Florida, Inc., and the department
22 may provide for evaluation according to these requirements.
23 (2) The department and the WAGES Program State board
24 of directors of Workforce Florida, Inc., and the department
25 shall participate in the evaluation of this program in
26 conjunction with evaluation of the state's workforce
27 development programs or similar activities aimed at evaluating
28 program outcomes, cost-effectiveness, or return on investment,
29 and the impact of time limits, sanctions, and other welfare
30 reform measures set out in this chapter. Evaluation shall also
31 contain information on the number of participants in work
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1 experience assignments who obtain unsubsidized employment,
2 including, but not limited to, the length of time the
3 unsubsidized job is retained, wages, and the public benefits,
4 if any, received by such families while in unsubsidized
5 employment. The evaluation shall solicit the input of
6 consumers, community-based organizations, service providers,
7 employers, and the general public, and shall publicize,
8 especially in low-income communities, the process for
9 submitting comments.
10 (3) The department and the WAGES Program State board
11 of directors of Workforce Florida, Inc., and the department
12 may share information with and develop protocols for
13 information exchange with the Florida Education and Training
14 Placement Information Program.
15 (4) The department and the WAGES Program State board
16 of directors of Workforce Florida, Inc., and the department
17 may initiate or participate in additional evaluation or
18 assessment activities that will further the systematic study
19 of issues related to program goals and outcomes.
20 (5) In providing for evaluation activities, the
21 department and the WAGES Program State board of directors of
22 Workforce Florida, Inc., and the department shall safeguard
23 the use or disclosure of information obtained from program
24 participants consistent with federal or state requirements.
25 The department and the WAGES Program State Board of Directors
26 may use Evaluation methodologies may be used which that are
27 appropriate for evaluation of program activities, including
28 random assignment of recipients or participants into program
29 groups or control groups. To the extent necessary or
30 appropriate, evaluation data shall provide information with
31
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1 respect to the state, district, or county, or other substate
2 area.
3 (6) The department and the WAGES Program State board
4 of directors of Workforce Florida, Inc., and the department
5 may contract with a qualified organization for evaluations
6 conducted under this section.
7 (7) Evaluations described in this section are exempt
8 from the provisions of s. 381.85.
9 Section 43. Section 445.034, Florida Statutes, is
10 created to read:
11 445.034 Authorized expenditures.--Any expenditures
12 from the Temporary Assistance for Needy Families block grant
13 shall be made in accordance with the requirements and
14 limitations of part A of Title IV of the Social Security Act,
15 as amended, or any other applicable federal requirement or
16 limitation. Prior to any expenditure of such funds, the
17 Secretary of Children and Family Services, or his or her
18 designee, shall certify that controls are in place to ensure
19 such funds are expended in accordance with the requirements
20 and limitations of federal law and that any reporting
21 requirements of federal law are met. It shall be the
22 responsibility of any entity to which such funds are
23 appropriated to obtain the required certification prior to any
24 expenditure of funds.
25 Section 44. Section 414.44, Florida Statutes, is
26 transferred, renumbered as section 445.035, Florida Statutes,
27 and amended to read:
28 445.035 414.44 Data collection and reporting.--The
29 department and the WAGES Program State board of directors of
30 Workforce Florida, Inc., shall collect data necessary to
31 administer this chapter and make the reports required under
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1 federal law to the United States Department of Health and
2 Human Services and the United States Department of
3 Agriculture.
4 Section 45. Section 414.025, Florida Statutes, is
5 amended to read:
6 414.025 Legislative intent.--
7 (1) It is the intent of the Legislature that families
8 in this state be strong and economically self-sufficient so as
9 to require minimal involvement by an efficient government.
10 (2) The purpose of this act is to develop
11 opportunities for families which provide for their needs,
12 enhance their well-being, and preserve the integrity of the
13 family free of impediments to self-reliance.
14 (3) The WAGES Program shall emphasize work,
15 self-sufficiency, and personal responsibility while meeting
16 the transitional needs of program participants who need
17 short-term assistance toward achieving independent, productive
18 lives and gaining the responsibility that comes with
19 self-sufficiency.
20 (4) The WAGES Program shall take full advantage of the
21 flexibility provided under federal law, which allows for
22 efficiency through a simplified program and encourages a
23 program designed to focus on results rather than process.
24 (2)(5) This chapter does not entitle any individual or
25 family to assistance under the WAGES Program or Title IV-A of
26 the Social Security Act, as amended.
27 Section 46. Section 414.0252, Florida Statutes, is
28 amended to read:
29 414.0252 Definitions.--As used in ss. 414.025-414.55
30 ss. 414.015-414.45, the term:
31
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1 (1) "Alternative payee" means an individual who
2 receives temporary assistance payments on behalf of a minor.
3 (2) "Applicant" means an individual who applies to
4 participate in the temporary family assistance program and
5 submits a signed and dated application.
6 (3) "Department" means the Department of Children and
7 Family Services.
8 (4) "Domestic violence" means any assault, aggravated
9 assault, battery, aggravated battery, sexual assault, sexual
10 battery, stalking, aggravated stalking, kidnapping, false
11 imprisonment, or any criminal offense that results in the
12 physical injury or death of one family or household member by
13 another.
14 (5) "Family" means the assistance group or the
15 individuals whose needs, resources, and income are considered
16 when determining eligibility for temporary assistance. The
17 family for purposes of temporary assistance includes the minor
18 child, custodial parent, or caretaker relative who resides in
19 the same house or living unit. The family may also include
20 individuals whose income and resources are considered in whole
21 or in part in determining eligibility for temporary assistance
22 but whose needs, due to federal or state restrictions, are not
23 considered. These individuals include, but are not limited to,
24 ineligible noncitizens or sanctioned individuals.
25 (6) "Family or household member" means spouses, former
26 spouses, noncohabitating partners, persons related by blood or
27 marriage, persons who are presently residing together as if a
28 family or who have resided together in the past as if a
29 family, and persons who have a child in common regardless of
30 whether they have been married or have resided together at any
31 time.
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1 (7) "Homeless" means an individual who lacks a fixed,
2 regular, and adequate nighttime residence or an individual who
3 has a primary nighttime residence that is:
4 (a) A supervised publicly or privately operated
5 shelter designed to provide temporary living accommodations,
6 including welfare hotels, congregate shelters, and
7 transitional housing for the mentally ill;
8 (b) An institution that provides a temporary residence
9 for individuals intended to be institutionalized; or
10 (c) A public or private place not designed for, or
11 ordinarily used as, a regular sleeping accommodation for human
12 beings.
13 (8) "Minor child" means a child under 18 years of age,
14 or under 19 years of age if the child is a full-time student
15 in a secondary school or at the equivalent level of vocational
16 or technical training, and does not include anyone who is
17 married or divorced.
18 (9) "Participant" means an individual who has applied
19 for or receives temporary cash assistance or services under
20 the WAGES Program.
21 (10) "Public assistance" means benefits paid on the
22 basis of the temporary cash assistance, food stamp, Medicaid,
23 or optional state supplementation program.
24 (11) "Relative caretaker" or "caretaker relative"
25 means an adult who has assumed the primary responsibility of
26 caring for a child and who is related to the child by blood or
27 marriage.
28 (12) "Services and one-time payments" or "services,"
29 when used in reference to individuals who are not receiving
30 temporary cash assistance, means nonrecurrent, short-term
31 benefits designed to deal with a specific crisis situation or
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1 episode of need and other services; work subsidies; supportive
2 services such as child care and transportation; services such
3 as counseling, case management, peer support, and child care
4 information and referral; transitional services, job
5 retention, job advancement, and other employment-related
6 services; nonmedical treatment for substance abuse or mental
7 health problems; and any other services that are reasonably
8 calculated to further the purposes of the WAGES Program and
9 the federal Temporary Assistance for Needy Families program.
10 Such terms do not include assistance as defined in federal
11 regulations at 45 C.F.R. s. 260.31(a).
12 (12)(13) "Temporary cash assistance" means cash
13 assistance provided under the state program certified under
14 Title IV-A of the Social Security Act, as amended.
15 Section 47. Section 414.045, Florida Statutes, is
16 amended to read:
17 414.045 Cash assistance program.--Cash assistance
18 families include any families receiving cash assistance
19 payments from the state program for temporary assistance for
20 needy families as defined in federal law, whether such funds
21 are from federal funds, state funds, or commingled federal and
22 state funds. Cash assistance families may also include
23 families receiving cash assistance through a program defined
24 as a separate state program.
25 (1) For reporting purposes, families receiving cash
26 assistance shall be grouped in the following categories. The
27 department may develop additional groupings in order to comply
28 with federal reporting requirements, to comply with the
29 data-reporting needs of the WAGES Program State board of
30 directors of Workforce Florida, Inc., or to better inform the
31 public of program progress. Program reporting data shall
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1 include, but not necessarily be limited to, the following
2 groupings:
3 (a) Work-eligible WAGES cases.--Work-eligible WAGES
4 cases shall include:
5 1. Families containing an adult or a teen head of
6 household, as defined by federal law. These cases are
7 generally subject to the work activity requirements provided
8 in s. 445.024 s. 414.065 and the time limitations on benefits
9 provided in s. 414.105.
10 2. Families with a parent where the parent's needs
11 have been removed from the case due to sanction or
12 disqualification shall be considered work-eligible WAGES cases
13 to the extent that such cases are considered in the
14 calculation of federal participation rates or would be counted
15 in such calculation in future months.
16 3. Families participating in transition assistance
17 programs.
18 4. Families otherwise eligible for temporary cash
19 assistance the WAGES Program that receive a diversion
20 services, a severance or early exit payment, or participate in
21 the relocation program.
22 (b) Child-only cases.--Child-only cases include cases
23 that do not have an adult or teen head of household as defined
24 in federal law. Such cases include:
25 1. Child-only families with children in the care of
26 caretaker relatives where the caretaker relatives choose to
27 have their needs excluded in the calculation of the amount of
28 cash assistance.
29 2. Families in the Relative Caregiver Program as
30 provided in s. 39.5085.
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1 3. Families in which the only parent in a
2 single-parent family or both parents in a two-parent family
3 receive supplemental security income (SSI) benefits under
4 Title XVI of the Social Security Act, as amended. To the
5 extent permitted by federal law, individuals receiving SSI
6 shall be excluded as household members in determining the
7 amount of cash assistance, and such cases shall not be
8 considered families containing an adult. Parents or caretaker
9 relatives who are excluded from the cash assistance group due
10 to receipt of SSI may choose to participate in WAGES work
11 activities. An individual who volunteers to participate in
12 WAGES work activity but whose ability to participate in work
13 activities is limited shall be assigned to work activities
14 consistent with such limitations. An individual who volunteers
15 to participate in a WAGES work activity may receive
16 WAGES-related child care or support services consistent with
17 such participation.
18 4. Families where the only parent in a single-parent
19 family or both parents in a two-parent family are not eligible
20 for cash assistance due to immigration status or other
21 requirements of federal law. To the extent required by federal
22 law, such cases shall not be considered families containing an
23 adult.
24
25 Families described in subparagraph 1., subparagraph 2., or
26 subparagraph 3. may receive child care assistance or other
27 supports or services so that the children may continue to be
28 cared for in their own homes or the homes of relatives. Such
29 assistance or services may be funded from the temporary
30 assistance for needy families block grant to the extent
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1 permitted under federal law and to the extent permitted by
2 appropriation of funds.
3 (2) The Oversight by of the WAGES Program State board
4 of directors of Workforce Florida, Inc., and the service
5 delivery and financial planning responsibilities of the
6 regional workforce boards local WAGES coalitions shall apply
7 to the families defined as work-eligible WAGES cases in
8 paragraph (1)(a). The department shall be responsible for
9 program administration related to families in groups defined
10 in paragraph (1)(b), and the department shall coordinate such
11 administration with the WAGES Program State board of directors
12 of Workforce Florida, Inc., to the extent needed for operation
13 of the program.
14 Section 48. Section 414.065, Florida Statutes, is
15 amended to read:
16 414.065 Noncompliance with work requirements.--
17 (1) WORK ACTIVITIES.--The following activities may be
18 used individually or in combination to satisfy the work
19 requirements for a participant in the WAGES Program:
20 (a) Unsubsidized employment.--Unsubsidized employment
21 is full-time employment or part-time employment that is not
22 directly supplemented by federal or state funds. Paid
23 apprenticeship and cooperative education activities are
24 included in this activity.
25 (b) Subsidized private sector employment.--Subsidized
26 private sector employment is employment in a private
27 for-profit enterprise or a private not-for-profit enterprise
28 which is directly supplemented by federal or state funds. A
29 subsidy may be provided in one or more of the forms listed in
30 this paragraph.
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1 1. Work supplementation.--A work supplementation
2 subsidy diverts a participant's temporary cash assistance
3 under the program to the employer. The employer must pay the
4 participant wages that equal or exceed the applicable federal
5 minimum wage. Work supplementation may not exceed 6 months. At
6 the end of the supplementation period, the employer is
7 expected to retain the participant as a regular employee
8 without receiving a subsidy. A work supplementation agreement
9 may not be continued with any employer who exhibits a pattern
10 of failing to provide participants with continued employment
11 after the period of work supplementation ends.
12 2. On-the-job training.--On-the-job training is
13 full-time, paid employment in which the employer or an
14 educational institution in cooperation with the employer
15 provides training needed for the participant to perform the
16 skills required for the position. The employer or the
17 educational institution on behalf of the employer receives a
18 subsidy to offset the cost of the training provided to the
19 participant. Upon satisfactory completion of the training, the
20 employer is expected to retain the participant as a regular
21 employee without receiving a subsidy. An on-the-job training
22 agreement may not be continued with any employer who exhibits
23 a pattern of failing to provide participants with continued
24 employment after the on-the-job training subsidy ends.
25 3. Incentive payments.--The department and local WAGES
26 coalitions may provide additional incentive payments to
27 encourage employers to employ program participants. Incentive
28 payments may include payments to encourage the employment of
29 hard-to-place participants, in which case the amount of the
30 payment shall be weighted proportionally to the extent to
31 which the participant has limitations associated with the
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1 long-term receipt of welfare and difficulty in sustaining
2 employment. In establishing incentive payments, the department
3 and local WAGES coalitions shall consider the extent of prior
4 receipt of welfare, lack of employment experience, lack of
5 education, lack of job skills, and other appropriate factors.
6 A participant who has complied with program requirements and
7 who is approaching the time limit for receiving temporary cash
8 assistance may be defined as "hard-to-place." Incentive
9 payments may include payments in which an initial payment is
10 made to the employer upon the employment of a participant, and
11 the majority of the incentive payment is made after the
12 employer retains the participant as a full-time employee for
13 at least 12 months. An incentive agreement may not be
14 continued with any employer who exhibits a pattern of failing
15 to provide participants with continued employment after the
16 incentive payments cease.
17 4. Tax credits.--An employer who employs a program
18 participant may qualify for enterprise zone property tax
19 credits under s. 220.182, the tax refund program for qualified
20 target industry businesses under s. 288.106, or other federal
21 or state tax benefits. The department and the Department of
22 Labor and Employment Security shall provide information and
23 assistance, as appropriate, to use such credits to accomplish
24 program goals.
25 5. WAGES training bonus.--An employer who hires a
26 WAGES participant who has less than 6 months of eligibility
27 for temporary cash assistance remaining and who pays the
28 participant a wage that precludes the participant's
29 eligibility for temporary cash assistance may receive $240 for
30 each full month of employment for a period that may not exceed
31 3 months. An employer who receives a WAGES training bonus for
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1 an employee may not receive a work supplementation subsidy for
2 the same employee. Employment is defined as 35 hours per week
3 at a wage of no less than minimum wage.
4 (c) Subsidized public sector employment.--Subsidized
5 public sector employment is employment by an agency of the
6 federal, state, or local government which is directly
7 supplemented by federal or state funds. The applicable
8 subsidies provided under paragraph (b) may be used to
9 subsidize employment in the public sector, except that
10 priority for subsidized employment shall be employment in the
11 private sector. Public sector employment is distinguished from
12 work experience in that the participant is paid wages and
13 receives the same benefits as a nonsubsidized employee who
14 performs similar work. Work-study activities administered by
15 educational institutions are included in this activity.
16 (d) Community service work experience.--Community
17 service work experience is job training experience at a
18 supervised public or private not-for-profit agency. A
19 participant shall receive temporary cash assistance in the
20 form of wages, which, when combined with the value of food
21 stamps awarded to the participant, is proportional to the
22 amount of time worked. A participant in the WAGES Program or
23 the Food Stamp Employment and Training program assigned to
24 community service work experience shall be deemed an employee
25 of the state for purposes of workers' compensation coverage
26 and is subject to the requirements of the drug-free workplace
27 program. Community service work experience may be selected as
28 an activity for a participant who needs to increase
29 employability by improving his or her interpersonal skills,
30 job-retention skills, stress management, and job problem
31
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1 solving, and by learning to attain a balance between job and
2 personal responsibilities. Community service is intended to:
3 1. Assess WAGES Program compliance before referral of
4 the participant to costly services such as career education;
5 2. Maintain work activity status while the participant
6 awaits placement into paid employment or training;
7 3. Fulfill a clinical practicum or internship
8 requirement related to employment; or
9 4. Provide work-based mentoring.
10
11 As used in this paragraph, the terms "community service
12 experience," "community work," and "workfare" are synonymous.
13 (e) Work experience.--Work experience is an
14 appropriate work activity for participants who lack
15 preparation for or experience in the workforce. It must
16 combine a job training activity in a public or private
17 not-for-profit agency with education and training related to
18 an employment goal. To qualify as a work activity, work
19 experience must include education and training in addition to
20 the time required by the work activity, and the work activity
21 must be intensively supervised and structured. The WAGES
22 Program shall contract for any services provided for clients
23 who are assigned to this activity and shall require
24 performance benchmarks, goals, outcomes, and time limits
25 designed to assure that the participant moves toward full-time
26 paid employment. A participant shall receive temporary cash
27 assistance proportional to the time worked. A participant
28 assigned to work experience is an employee of the state for
29 purposes of workers' compensation coverage and is subject to
30 the requirements of the drug-free workplace program.
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1 (f) Job search and job readiness assistance.--Job
2 search assistance may include supervised or unsupervised
3 job-seeking activities. Job readiness assistance provides
4 support for job-seeking activities, which may include:
5 1. Orientation to the world of work and basic
6 job-seeking and job retention skills.
7 2. Instruction in completing an application for
8 employment and writing a resume.
9 3. Instruction in conducting oneself during a job
10 interview, including appropriate dress.
11 4. Instruction in how to retain a job, plan a career,
12 and perform successfully in the workplace.
13
14 Job readiness assistance may also include providing a
15 participant with access to an employment resource center that
16 contains job listings, telephones, facsimile machines,
17 typewriters, and word processors. Job search and job readiness
18 activities may be used in conjunction with other program
19 activities, such as work experience, but may not be the
20 primary work activity for longer than the length of time
21 permitted under federal law.
22 (g) Vocational education or training.--Vocational
23 education or training is education or training designed to
24 provide participants with the skills and certification
25 necessary for employment in an occupational area. Vocational
26 education or training may be used as a primary program
27 activity for participants when it has been determined that the
28 individual has demonstrated compliance with other phases of
29 program participation and successful completion of the
30 vocational education or training is likely to result in
31 employment entry at a higher wage than the participant would
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1 have been likely to attain without completion of the
2 vocational education or training. Vocational education or
3 training may be combined with other program activities and
4 also may be used to upgrade skills or prepare for a higher
5 paying occupational area for a participant who is employed.
6 1. Unless otherwise provided in this section,
7 vocational education shall not be used as the primary program
8 activity for a period which exceeds 12 months. The 12-month
9 restriction applies to instruction in a career education
10 program and does not include remediation of basic skills,
11 including English language proficiency, if remediation is
12 necessary to enable a WAGES participant to benefit from a
13 career education program. Any necessary remediation must be
14 completed before a participant is referred to vocational
15 education as the primary work activity. In addition, use of
16 vocational education or training shall be restricted to the
17 limitation established in federal law. Vocational education
18 included in a program leading to a high school diploma shall
19 not be considered vocational education for purposes of this
20 section.
21 2. When possible, a provider of vocational education
22 or training shall use funds provided by funding sources other
23 than the department or the local WAGES coalition. Either
24 department may provide additional funds to a vocational
25 education or training provider only if payment is made
26 pursuant to a performance-based contract. Under a
27 performance-based contract, the provider may be partially paid
28 when a participant completes education or training, but the
29 majority of payment shall be made following the participant's
30 employment at a specific wage or job retention for a specific
31 duration. Performance-based payments made under this
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1 subparagraph are limited to education or training for targeted
2 occupations identified by the Occupational Forecasting
3 Conference under s. 216.136, or other programs identified by
4 the Workforce Development Board as beneficial to meet the
5 needs of designated groups, such as WAGES participants, who
6 are hard to place. If the contract pays the full cost of
7 training, the community college or school district may not
8 report the participants for other state funding, except that
9 the college or school district may report WAGES clients for
10 performance incentives or bonuses authorized for student
11 enrollment, completion, and placement.
12 (h) Job skills training.--Job skills training includes
13 customized training designed to meet the needs of a specific
14 employer or a specific industry. Job skills training shall
15 include literacy instruction, and may include English
16 proficiency instruction or Spanish language or other language
17 instruction if necessary to enable a participant to perform in
18 a specific job or job training program or if the training
19 enhances employment opportunities in the local community. A
20 participant may be required to complete an entrance assessment
21 or test before entering into job skills training.
22 (i) Education services related to employment for
23 participants 19 years of age or younger.--Education services
24 provided under this paragraph are designed to prepare a
25 participant for employment in an occupation. The department
26 shall coordinate education services with the school-to-work
27 activities provided under s. 229.595. Activities provided
28 under this paragraph are restricted to participants 19 years
29 of age or younger who have not completed high school or
30 obtained a high school equivalency diploma.
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1 (j) School attendance.--Attendance at a high school or
2 attendance at a program designed to prepare the participant to
3 receive a high school equivalency diploma is a required
4 program activity for each participant 19 years of age or
5 younger who:
6 1. Has not completed high school or obtained a high
7 school equivalency diploma;
8 2. Is a dependent child or a head of household; and
9 3. For whom it has not been determined that another
10 program activity is more appropriate.
11 (k) Teen parent services.--Participation in medical,
12 educational, counseling, and other services that are part of a
13 comprehensive program is a required activity for each teen
14 parent who participates in the WAGES Program.
15 (l) Extended education and training.--Notwithstanding
16 any other provisions of this section to the contrary, the
17 WAGES Program State Board of Directors may approve a plan by a
18 local WAGES coalition for assigning, as work requirements,
19 educational activities that exceed or are not included in
20 those provided elsewhere in this section and that do not
21 comply with federal work participation requirement
22 limitations. In order to be eligible to implement this
23 provision, a coalition must continue to exceed the overall
24 federal work participation rate requirements. For purposes of
25 this paragraph, the WAGES Program State Board of Directors may
26 adjust the regional participation requirement based on
27 regional caseload decline. However, this adjustment is
28 limited to no more than the adjustment produced by the
29 calculation used to generate federal adjustments to the
30 participation requirement due to caseload decline.
31
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1 (2) WORK ACTIVITY REQUIREMENTS.--Each individual who
2 is not otherwise exempt must participate in a work activity,
3 except for community service work experience, for the maximum
4 number of hours allowable under federal law, provided that no
5 participant be required to work more than 40 hours per week or
6 less than the minimum number of hours required by federal law.
7 The maximum number of hours each month that a participant may
8 be required to participate in community service activities is
9 the greater of: the number of hours that would result from
10 dividing the family's monthly amount for temporary cash
11 assistance and food stamps by the federal minimum wage and
12 then dividing that result by the number of participants in the
13 family who participate in community service activities; or the
14 minimum required to meet federal participation requirements.
15 However, in no case shall the maximum hours required per week
16 for community work experience exceed 40 hours. An applicant
17 shall be referred for employment at the time of application if
18 the applicant is eligible to participate in the WAGES Program.
19 (a) A participant in a work activity may also be
20 required to enroll in and attend a course of instruction
21 designed to increase literacy skills to a level necessary for
22 obtaining or retaining employment, provided that the
23 instruction plus the work activity does not require more than
24 40 hours per week.
25 (b) WAGES Program funds may be used, as available, to
26 support the efforts of a participant who meets the work
27 activity requirements and who wishes to enroll in or continue
28 enrollment in an adult general education program or a career
29 education program.
30
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1 (3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
2 following individuals are exempt from work activity
3 requirements:
4 (a) A minor child under age 16, except that a child
5 exempted from this provision shall be subject to the
6 requirements of paragraph (1)(i) and s. 414.125.
7 (b) An individual who receives benefits under the
8 Supplemental Security Income program or the Social Security
9 Disability Insurance program.
10 (c) Adults who are not included in the calculation of
11 temporary cash assistance in child-only cases.
12 (d) One custodial parent with a child under 3 months
13 of age, except that the parent may be required to attend
14 parenting classes or other activities to better prepare for
15 the responsibilities of raising a child. If the custodial
16 parent is age 19 or younger and has not completed high school
17 or the equivalent, he or she may be required to attend school
18 or other appropriate educational activities.
19 (1)(4) PENALTIES FOR NONPARTICIPATION IN WORK
20 REQUIREMENTS AND FAILURE TO COMPLY WITH ALTERNATIVE
21 REQUIREMENT PLANS.--The department shall establish procedures
22 for administering penalties for nonparticipation in work
23 requirements and failure to comply with the alternative
24 requirement plan. If an individual in a family receiving
25 temporary cash assistance fails to engage in work activities
26 required in accordance with s. 445.024 this section, the
27 following penalties shall apply. Prior to the imposition of a
28 sanction, the participant shall be notified orally or in
29 writing that the participant is subject to sanction and that
30 action will be taken to impose the sanction unless the
31 participant complies with the work activity requirements. The
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1 participant shall be counseled as to the consequences of
2 noncompliance and, if appropriate, shall be referred for
3 services that could assist the participant to fully comply
4 with program requirements. If the participant has good cause
5 for noncompliance or demonstrates satisfactory compliance, the
6 sanction shall not be imposed. If the participant has
7 subsequently obtained employment, the participant shall be
8 counseled regarding the transitional benefits that may be
9 available and provided information about how to access such
10 benefits. Notwithstanding provisions of this section to the
11 contrary, if the Federal Government does not allow food stamps
12 to be treated under sanction as provided in this section, the
13 department shall attempt to secure a waiver that provides for
14 procedures as similar as possible to those provided in this
15 section and shall administer sanctions related to food stamps
16 consistent with federal regulations.
17 (a)1. First noncompliance: temporary cash assistance
18 shall be terminated for the family until the individual who
19 failed to comply does so, and food stamp benefits shall not be
20 increased as a result of the loss of temporary cash
21 assistance.
22 2. Second noncompliance: temporary cash assistance
23 and food stamps shall be terminated for the family until the
24 individual demonstrates compliance in the required work
25 activity for a period of 30 days. Upon compliance, temporary
26 cash assistance and food stamps shall be reinstated to the
27 date of compliance.
28 3. Third noncompliance: temporary cash assistance and
29 food stamps shall be terminated for the family for 3 months.
30 The individual shall be required to demonstrate compliance in
31 the work activity upon completion of the 3-month penalty
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1 period, before reinstatement of temporary cash assistance and
2 food stamps.
3 (b) If a participant receiving temporary cash
4 assistance who is otherwise exempted from noncompliance
5 penalties fails to comply with the alternative requirement
6 plan required in accordance with this section, the penalties
7 provided in paragraph (a) shall apply.
8
9 If a participant fully complies with work activity
10 requirements for at least 6 months, the participant shall be
11 reinstated as being in full compliance with program
12 requirements for purpose of sanctions imposed under this
13 section.
14 (2)(5) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR
15 CHILDREN; PROTECTIVE PAYEES.--
16 (a) Upon the second or third occurrence of
17 noncompliance, temporary cash assistance and food stamps for
18 the child or children in a family who are under age 16 may be
19 continued. Any such payments must be made through a protective
20 payee or, in the case of food stamps, through an authorized
21 representative. Under no circumstances shall temporary cash
22 assistance or food stamps be paid to an individual who has
23 failed to comply with program requirements.
24 (b) Protective payees shall be designated by the
25 department and may include:
26 1. A relative or other individual who is interested in
27 or concerned with the welfare of the child or children and
28 agrees in writing to utilize the assistance in the best
29 interest of the child or children.
30 2. A member of the community affiliated with a
31 religious, community, neighborhood, or charitable organization
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1 who agrees in writing to utilize the assistance in the best
2 interest of the child or children.
3 3. A volunteer or member of an organization who agrees
4 in writing to fulfill the role of protective payee and to
5 utilize the assistance in the best interest of the child or
6 children.
7 (c) The protective payee designated by the department
8 shall be the authorized representative for purposes of
9 receiving food stamps on behalf of a child or children under
10 age 16. The authorized representative must agree in writing to
11 use the food stamps in the best interest of the child or
12 children.
13 (d) If it is in the best interest of the child or
14 children, as determined by the department, for the staff
15 member of a private agency, a public agency, the department,
16 or any other appropriate organization to serve as a protective
17 payee or authorized representative, such designation may be
18 made, except that a protective payee or authorized
19 representative must not be any individual involved in
20 determining eligibility for temporary cash assistance or food
21 stamps for the family, staff handling any fiscal processes
22 related to issuance of temporary cash assistance or food
23 stamps, or landlords, grocers, or vendors of goods, services,
24 or items dealing directly with the participant.
25 (e) The department may pay incidental expenses or
26 travel expenses for costs directly related to performance of
27 the duties of a protective payee as necessary to implement the
28 provisions of this subsection.
29 (f) If the department is unable to designate a
30 qualified protective payee or authorized representative, a
31
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1 referral shall be made under the provisions of chapter 39 for
2 protective intervention.
3 (3)(6) PROPORTIONAL REDUCTION OF TEMPORARY CASH
4 ASSISTANCE RELATED TO PAY AFTER PERFORMANCE.--Notwithstanding
5 the provisions of subsection (1) (4), if an individual is
6 receiving temporary cash assistance under a
7 pay-after-performance arrangement and the individual
8 participates, but fails to meet the full participation
9 requirement, then the temporary cash assistance received shall
10 be reduced and shall be proportional to the actual
11 participation. Food stamps may be included in a
12 pay-after-performance arrangement if permitted under federal
13 law.
14 (4)(7) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless
15 otherwise provided, the situations listed in this subsection
16 shall constitute exceptions to the penalties for noncompliance
17 with participation requirements, except that these situations
18 do not constitute exceptions to the applicable time limit for
19 receipt of temporary cash assistance:
20 (a) Noncompliance related to child care.--Temporary
21 cash assistance may not be terminated for refusal to
22 participate in work activities if the individual is a single
23 custodial parent caring for a child who has not attained 6
24 years of age, and the adult proves to the regional workforce
25 board department an inability to obtain needed child care for
26 one or more of the following reasons:
27 1. Unavailability of appropriate child care within a
28 reasonable distance from the individual's home or worksite.
29 2. Unavailability or unsuitability of informal child
30 care by a relative or under other arrangements.
31
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1 3. Unavailability of appropriate and affordable formal
2 child care arrangements.
3 (b) Noncompliance related to domestic violence.--An
4 individual who is determined to be unable to comply with the
5 work requirements because such compliance would make it
6 probable that the individual would be unable to escape
7 domestic violence shall be exempt from work requirements
8 pursuant to s. 414.028(4)(g). However, the individual shall
9 comply with a plan that specifies alternative requirements
10 that prepare the individual for self-sufficiency while
11 providing for the safety of the individual and the
12 individual's dependents. A participant who is determined to
13 be out of compliance with the alternative requirement plan
14 shall be subject to the penalties under subsection (1) (4).
15 An exception granted under this paragraph does not constitute
16 an exception to the time limitations on benefits specified
17 under s. 414.105.
18 (c) Noncompliance related to treatment or remediation
19 of past effects of domestic violence.--An individual who is
20 determined to be unable to comply with the work requirements
21 under this section due to mental or physical impairment
22 related to past incidents of domestic violence may be exempt
23 from work requirements for a specified period pursuant to s.
24 414.028(4)(g), except that such individual shall comply with a
25 plan that specifies alternative requirements that prepare the
26 individual for self-sufficiency while providing for the safety
27 of the individual and the individual's dependents. A
28 participant who is determined to be out of compliance with the
29 alternative requirement plan shall be subject to the penalties
30 under subsection (1) (4). The plan must include counseling or
31 a course of treatment necessary for the individual to resume
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1 participation. The need for treatment and the expected
2 duration of such treatment must be verified by a physician
3 licensed under chapter 458 or chapter 459; a psychologist
4 licensed under s. 490.005(1), s. 490.006, or the provision
5 identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of
6 Florida; a therapist as defined in s. 491.003(2) or (6); or a
7 treatment professional who is registered under s. 39.905(1)(g)
8 s. 415.605(1)(g), is authorized to maintain confidentiality
9 under s. 90.5036(1)(d), and has a minimum of 2 years
10 experience at a certified domestic violence center. An
11 exception granted under this paragraph does not constitute an
12 exception from the time limitations on benefits specified
13 under s. 414.105.
14 (d) Noncompliance related to medical incapacity.--If
15 an individual cannot participate in assigned work activities
16 due to a medical incapacity, the individual may be excepted
17 from the activity for a specific period, except that the
18 individual shall be required to comply with the course of
19 treatment necessary for the individual to resume
20 participation. A participant may not be excused from work
21 activity requirements unless the participant's medical
22 incapacity is verified by a physician licensed under chapter
23 458 or chapter 459, in accordance with procedures established
24 by rule of the department. An individual for whom there is
25 medical verification of limitation to participate in work
26 activities shall be assigned to work activities consistent
27 with such limitations. Evaluation of an individual's ability
28 to participate in work activities or development of a plan for
29 work activity assignment may include vocational assessment or
30 work evaluation. The department or a regional workforce board
31 local WAGES coalition may require an individual to cooperate
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1 in medical or vocational assessment necessary to evaluate the
2 individual's ability to participate in a work activity.
3 (e) Noncompliance due to medical incapacity by
4 applicants for Supplemental Security Income (SSI) or Social
5 Security Disability Income (SSDI).--An individual subject to
6 work activity requirements may be exempted from those
7 requirements if the individual provides information verifying
8 that he or she has filed an application for SSI disability
9 benefits or SSDI disability benefits and the decision is
10 pending development and evaluation under social security
11 disability law, rules, and regulations at the initial
12 reconsideration, administrative law judge, or Social Security
13 Administration Appeals Council levels.
14 (f) Other good cause exceptions for
15 noncompliance.--Individuals who are temporarily unable to
16 participate due to circumstances beyond their control may be
17 excepted from the noncompliance penalties. The department may
18 define by rule situations that would constitute good cause.
19 These situations must include caring for a disabled family
20 member when the need for the care has been verified and
21 alternate care is not available.
22 (5)(8) WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL
23 PARENTS.--
24 (a) The court may order a noncustodial parent who is
25 delinquent in child support payments to participate in work
26 activities under this chapter so that the parent may obtain
27 employment and fulfill the obligation to provide support
28 payments. A noncustodial parent who fails to satisfactorily
29 engage in court-ordered work activities may be held in
30 contempt.
31
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1 (b) The court may order a noncustodial parent to
2 participate in work activities under this chapter if the child
3 of the noncustodial parent has been placed with a relative, in
4 an emergency shelter, in foster care, or in other substitute
5 care, and:
6 1. The case plan requires the noncustodial parent to
7 participate in work activities; or
8 2. The noncustodial parent would be eligible to
9 participate in work activities the WAGES Program and subject
10 to work activity requirements if the child were living with
11 the parent.
12
13 If a noncustodial parent fails to comply with the case plan,
14 the noncustodial parent may be removed from program
15 participation.
16 (9) PRIORITIZATION OF WORK REQUIREMENTS.--The
17 department and local WAGES coalitions shall require
18 participation in work activities to the maximum extent
19 possible, subject to federal and state funding. If funds are
20 projected to be insufficient to allow full-time work
21 activities by all program participants who are required to
22 participate in work activities, local WAGES coalitions shall
23 screen participants and assign priority based on the
24 following:
25 (a) In accordance with federal requirements, at least
26 one adult in each two-parent family shall be assigned priority
27 for full-time work activities.
28 (b) Among single-parent families, a family that has
29 older preschool children or school-age children shall be
30 assigned priority for work activities.
31
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1 (c) A participant who has access to nonsubsidized
2 child care may be assigned priority for work activities.
3 (d) Priority may be assigned based on the amount of
4 time remaining until the participant reaches the applicable
5 time limit for program participation or may be based on
6 requirements of a case plan.
7
8 Local WAGES coalitions may limit a participant's weekly work
9 requirement to the minimum required to meet federal work
10 activity requirements in lieu of the level defined in
11 subsection (2). The department and local WAGES coalitions may
12 develop screening and prioritization procedures within service
13 districts or within counties based on the allocation of
14 resources, the availability of community resources, or the
15 work activity needs of the service district.
16 (10) USE OF CONTRACTS.--The department and local WAGES
17 coalitions shall provide work activities, training, and other
18 services, as appropriate, through contracts. In contracting
19 for work activities, training, or services, the following
20 applies:
21 (a) All education and training provided under the
22 WAGES Program shall be provided through agreements with
23 regional workforce development boards.
24 (b) A contract must be performance-based. Wherever
25 possible, payment shall be tied to performance outcomes that
26 include factors such as, but not limited to, job entry, job
27 entry at a target wage, and job retention, rather than tied to
28 completion of training or education or any other phase of the
29 program participation process.
30 (c) A contract may include performance-based incentive
31 payments that may vary according to the extent to which the
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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 department.
9 (d) 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 department.
15 (e) The department and the local WAGES coalitions may
16 contract with commercial, charitable, or religious
17 organizations. A contract must comply with federal
18 requirements with respect to nondiscrimination and other
19 requirements that safeguard the rights of participants.
20 Services may be provided under contract, certificate, voucher,
21 or other form of disbursement.
22 (f) The administrative costs associated with a
23 contract for services provided under this section may not
24 exceed the applicable administrative cost ceiling established
25 in federal law. An agency or entity that is awarded a contract
26 under this section may not charge more than 7 percent of the
27 value of the contract for administration, unless an exception
28 is approved by the local WAGES coalition. A list of any
29 exceptions approved must be submitted to the WAGES Program
30 State Board of Directors for review, and the board may rescind
31 approval of the exception. The WAGES Program State Board of
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1 Directors may also approve exceptions for any statewide
2 contract for services provided under this section.
3 (g) Local WAGES coalitions may enter into contracts to
4 provide short-term work experience for the chronically
5 unemployed as provided in this section.
6 (h) A tax-exempt organization under s. 501(c) of the
7 Internal Revenue Code of 1986 which receives funds under this
8 chapter must disclose receipt of federal funds on any
9 advertising, promotional, or other material in accordance with
10 federal requirements.
11 (11) PROTECTIONS FOR PARTICIPANTS.--Each participant
12 is subject to the same health, safety, and nondiscrimination
13 standards established under federal, state, or local laws that
14 otherwise apply to other individuals engaged in similar
15 activities who are not participants in the WAGES Program.
16 (12) PROTECTION FOR CURRENT EMPLOYEES.--In
17 establishing and contracting for work experience and community
18 service activities, other work experience activities,
19 on-the-job training, subsidized employment, and work
20 supplementation under the WAGES Program, an employed worker
21 may not be displaced, either completely or partially. A WAGES
22 participant may not be assigned to an activity or employed in
23 a position if the employer has created the vacancy or
24 terminated an existing employee without good cause in order to
25 fill that position with a WAGES Program participant.
26 (13) CONTRACTS FOR VOCATIONAL ASSESSMENTS AND WORK
27 EVALUATIONS.--Vocational assessments or work evaluations by
28 the Division of Vocational Rehabilitation pursuant to this
29 section shall be performed under contract with the local WAGES
30 coalitions.
31
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1 Section 49. Section 414.085, Florida Statutes, is
2 amended to read:
3 414.085 Income eligibility standards.--For purposes of
4 program simplification and effective program management,
5 certain income definitions, as outlined in the food stamp
6 regulations at 7 C.F.R. s. 273.9, shall be applied to the
7 temporary cash assistance WAGES program as determined by the
8 department to be consistent with federal law regarding
9 temporary cash assistance and Medicaid for needy families,
10 except as to the following:
11 (1) Participation in the temporary cash assistance
12 WAGES program shall be limited to those families whose gross
13 family income is equal to or less than 130 percent of the
14 federal poverty level established in s. 673(2) of the
15 Community Services Block Grant Act, 42 U.S.C. s. 9901(2).
16 (2) Income security payments, including payments
17 funded under part B of Title IV of the Social Security Act, as
18 amended; supplemental security income under Title XVI of the
19 Social Security Act, as amended; or other income security
20 payments as defined by federal law shall be excluded as income
21 unless required to be included by federal law.
22 (3) The first $50 of child support paid to a custodial
23 parent receiving temporary cash assistance may not be
24 disregarded in calculating the amount of temporary cash
25 assistance for the family, unless such exclusion is required
26 by federal law.
27 (4) An incentive payment to a participant authorized
28 by a regional workforce board local WAGES coalition shall not
29 be considered income.
30 Section 50. Section 414.095, Florida Statutes, is
31 amended to read:
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1 414.095 Determining eligibility for temporary cash
2 assistance the WAGES Program.--
3 (1) ELIGIBILITY.--An applicant must meet eligibility
4 requirements of this section before receiving services or
5 temporary cash assistance under this chapter, except that an
6 applicant shall be required to engage in work activities in
7 accordance with s. 445.024 s. 414.065 and may receive support
8 services or child care assistance in conjunction with such
9 requirement. The department shall make a determination of
10 eligibility based on the criteria listed in this chapter. The
11 department shall monitor continued eligibility for temporary
12 cash assistance through periodic reviews consistent with the
13 food stamp eligibility process. Benefits shall not be denied
14 to an individual solely based on a felony drug conviction,
15 unless the conviction is for trafficking pursuant to s.
16 893.135. To be eligible under this section, an individual
17 convicted of a drug felony must be satisfactorily meeting the
18 requirements of the temporary cash assistance WAGES program,
19 including all substance abuse treatment requirements. Within
20 the limits specified in this chapter, the state opts out of
21 the provision of Pub. L. No. 104-193, s. 115, that eliminates
22 eligibility for temporary cash assistance and food stamps for
23 any individual convicted of a controlled substance felony.
24 (2) ADDITIONAL ELIGIBILITY REQUIREMENTS.--
25 (a) To be eligible for services or temporary cash
26 assistance and Medicaid under the WAGES Program:
27 1. An applicant must be a United States citizen, or a
28 qualified noncitizen, as defined in this section.
29 2. An applicant must be a legal resident of the state.
30 3. Each member of a family must provide to the
31 department the member's social security number or shall
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1 provide proof of application for a social security number. An
2 individual who fails to provide to the department a social
3 security number, or proof of application for a social security
4 number, is not eligible to participate in the program.
5 4. A minor child must reside with a custodial parent
6 or parents or with a relative caretaker who is within the
7 specified degree of blood relationship as defined under this
8 chapter the WAGES Program, or in a setting approved by the
9 department.
10 5. Each family must have a minor child and meet the
11 income and resource requirements of the program. All minor
12 children who live in the family, as well as the parents of the
13 minor children, shall be included in the eligibility
14 determination unless specifically excluded.
15 (b) The following members of a family are eligible to
16 participate in the program if all eligibility requirements are
17 met:
18 1. A minor child who resides with a custodial parent
19 or other adult caretaker relative.
20 2. The parent of a minor child with whom the child
21 resides.
22 3. The caretaker relative with whom the minor child
23 resides who chooses to have her or his needs and income
24 included in the family.
25 4. Unwed minor children and their children if the
26 unwed minor child lives at home or in an adult-supervised
27 setting and if temporary cash assistance is paid to an
28 alternative payee.
29 5. A pregnant woman.
30 (3) ELIGIBILITY FOR NONCITIZENS.--A "qualified
31 noncitizen" is an individual who is admitted to lawfully
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1 present in the United States as a refugee under s. 207 of the
2 Immigration and Nationality Act or who is granted asylum under
3 s. ss. 207 and 208 of the Immigration and Nationality Act; a
4 noncitizen, an alien whose deportation is withheld under s.
5 243(h) or s. 241(b)(3) of the Immigration and Nationality Act;
6 a noncitizen, or an alien who is paroled into the United
7 States under s. 212(d)(5) of the Immigration and Nationality
8 Act, as in effect prior to April 1, 1980; a Cuban or Haitian
9 entrant; or a noncitizen who has been admitted as a permanent
10 resident and meets specific criteria under federal law. In
11 addition, a "qualified noncitizen" includes an individual who,
12 or an individual whose child or parent, has been battered or
13 subject to extreme cruelty in the United States by a spouse,
14 or a parent, or other household member under certain
15 circumstances, and has applied for or received protection
16 under the federal Violence Against Women Act of 1994, Pub. L.
17 No. 103-322, if the need for benefits is related to the abuse
18 and the batterer no longer lives in the household. A
19 "nonqualified noncitizen" is a nonimmigrant noncitizen alien,
20 including a tourist, business visitor, foreign student,
21 exchange visitor, temporary worker, or diplomat. In addition,
22 a "nonqualified noncitizen" includes an individual paroled
23 into the United States for less than 1 year. A qualified
24 noncitizen who is otherwise eligible may receive temporary
25 cash assistance to the extent permitted by federal law. The
26 income or resources of a sponsor and the sponsor's spouse
27 shall be included in determining eligibility to the maximum
28 extent permitted by federal law.
29 (a) A child who is a qualified noncitizen or who was
30 born in the United States to an illegal or ineligible
31 noncitizen alien is eligible for temporary cash assistance
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1 under this chapter if the family meets all eligibility
2 requirements.
3 (b) If the parent may legally work in this country,
4 the parent must participate in the work activity requirements
5 provided in s. 445.024 s. 414.065, to the extent permitted
6 under federal law.
7 (c) The department shall participate in the Systematic
8 Alien Verification for Entitlements Program (SAVE) established
9 by the United States Immigration and Naturalization Service in
10 order to verify the validity of documents provided by
11 noncitizens aliens and to verify a noncitizen's an alien's
12 eligibility.
13 (d) The income of an illegal noncitizen alien or
14 ineligible noncitizen who is a mandatory member of a family
15 alien, less a pro rata share for the illegal noncitizen alien
16 or ineligible noncitizen alien, counts in determining a
17 family's eligibility to participate in the program.
18 (e) The entire assets of an ineligible noncitizen
19 alien or a disqualified individual who is a mandatory member
20 of a family shall be included in determining the family's
21 eligibility.
22 (4) STEPPARENTS.--A family that contains a stepparent
23 has the following special eligibility options if the family
24 meets all other eligibility requirements:
25 (a) A family that does not contain a mutual minor
26 child has the option to include or exclude a stepparent in
27 determining eligibility if the stepparent's monthly gross
28 income is less than 185 percent of the federal poverty level
29 for a two-person family.
30 1. If the stepparent chooses to be excluded from the
31 family, temporary cash assistance, without shelter expense,
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1 shall be provided for the child. The parent of the child must
2 comply with work activity requirements as provided in s.
3 445.024 s. 414.065. Income and resources from the stepparent
4 may not be included in determining eligibility; however, any
5 income and resources from the parent of the child shall be
6 included in determining eligibility.
7 2. If a stepparent chooses to be included in the
8 family, the department shall determine eligibility using the
9 requirements for a nonstepparent family. A stepparent whose
10 income is equal to or greater than 185 percent of the federal
11 poverty level for a two-person family does not have the option
12 to be excluded from the family, and all income and resources
13 of the stepparent shall be included in determining the
14 family's eligibility.
15 (b) A family that contains a mutual minor child does
16 not have the option to exclude a stepparent from the family,
17 and the income and resources from the stepparent shall be
18 included in determining eligibility.
19 (c) A family that contains two stepparents, with or
20 without a mutual minor child, does not have the option to
21 exclude a stepparent from the family, and the income and
22 resources from each stepparent must be included in determining
23 eligibility.
24 (5) CARETAKER RELATIVES.--A family that contains a
25 caretaker relative of a minor child has the option to include
26 or exclude the caretaker relative in determining eligibility.
27 If the caretaker relative chooses to be included in the
28 family, the caretaker relative must meet all eligibility
29 requirements, including resource and income requirements, and
30 must comply with work activity requirements as provided in s.
31 445.024 s. 414.065. If the caretaker relative chooses to be
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1 excluded from the family, eligibility shall be determined for
2 the minor child based on the child's income and resources. The
3 level of temporary cash assistance for the minor child shall
4 be based on the shelter obligation paid to the caretaker
5 relative.
6 (6) PREGNANT WOMAN WITH NO OTHER CHILD.--Temporary
7 cash assistance for a pregnant woman is not available until
8 the last month of pregnancy. However, if the department
9 determines that a woman is restricted from work activities by
10 orders of a physician, temporary cash assistance shall be
11 available during the last trimester of pregnancy.
12 (7) CHILD SUPPORT ENFORCEMENT.--As a condition of
13 eligibility for public assistance, the family must cooperate
14 with the state agency responsible for administering the child
15 support enforcement program in establishing the paternity of
16 the child, if the child is born out of wedlock, and in
17 obtaining support for the child or for the parent or caretaker
18 relative and the child. Cooperation is defined as:
19 (a) Assisting in identifying and locating a
20 noncustodial parent and providing complete and accurate
21 information on that parent;
22 (b) Assisting in establishing paternity; and
23 (c) Assisting in establishing, modifying, or enforcing
24 a support order with respect to a child of a family member.
25
26 This subsection does not apply if the state agency that
27 administers the child support enforcement program determines
28 that the parent or caretaker relative has good cause for
29 failing to cooperate.
30 (8) ASSIGNMENT OF RIGHTS TO SUPPORT.--As a condition
31 of receiving temporary cash assistance, the family must assign
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1 to the department any rights a member of a family may have to
2 support from any other person. This applies to any family
3 member; however, the assigned amounts must not exceed the
4 total amount of temporary cash assistance provided to the
5 family. The assignment of child support does not apply if the
6 family leaves the program.
7 (9) APPLICATIONS.--The date of application is the date
8 the department or authorized entity receives a signed and
9 dated request to participate in the temporary cash assistance
10 WAGES program. The request shall be denied 30 days after the
11 initial application if the applicant fails to respond to
12 scheduled appointments, including appointments with the state
13 agency responsible for administering the child support
14 enforcement program, and does not contact the department or
15 authorized entity regarding the application.
16 (a) The beginning date of eligibility for temporary
17 cash assistance is the date on which the application is
18 approved or 30 days after the date of application, whichever
19 is earlier.
20 (b) The add date for a newborn child is the date of
21 the child's birth.
22 (c) The add date for all other individuals is the date
23 on which the client contacts the department to request that
24 the individual be included in the grant for temporary cash
25 assistance.
26 (d) Medicaid coverage for a recipient of temporary
27 cash assistance begins on the first day of the first month of
28 eligibility for temporary cash assistance, and such coverage
29 shall include any eligibility required by federal law which is
30 prior to the month of application.
31
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1 (10) PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An
2 applicant for temporary cash assistance or participant in the
3 WAGES Program has the following opportunities and obligations:
4 (a) To participate in establishing eligibility by
5 providing facts with respect to circumstances that affect
6 eligibility and by obtaining, or authorizing the department
7 and the Department of Labor and Employment Security to obtain,
8 documents or information from others in order to establish
9 eligibility.
10 (b) To have eligibility determined without
11 discrimination based on race, color, sex, age, marital status,
12 handicap, religion, national origin, or political beliefs.
13 (c) To be advised of any reduction or termination of
14 temporary cash assistance or food stamps.
15 (d) To provide correct and complete information about
16 the family's circumstances that relate to eligibility, at the
17 time of application and at subsequent intervals.
18 (e) To keep the department and the Department of Labor
19 and Employment Security informed of any changes that could
20 affect eligibility.
21 (f) To use temporary cash assistance and food stamps
22 for the purpose for which the assistance is intended.
23 (g) To receive information regarding services
24 available from certified domestic violence centers or
25 organizations that provide counseling and supportive services
26 to individuals who are past or present victims of domestic
27 violence or who are at risk of domestic violence and, upon
28 request, to be referred to such organizations in a manner
29 which protects the individual's confidentiality.
30 (11) DETERMINATION OF LEVEL OF TEMPORARY CASH
31 ASSISTANCE.--Temporary cash assistance shall be based on a
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1 standard determined by the Legislature, subject to
2 availability of funds. There shall be three assistance levels
3 for a family that contains a specified number of eligible
4 members, based on the following criteria:
5 (a) A family that does not have a shelter obligation.
6 (b) A family that has a shelter obligation greater
7 than zero but less than or equal to $50.
8 (c) A family that has a shelter obligation greater
9 than $50 or that is homeless.
10
11 The following chart depicts the levels of temporary cash
12 assistance for implementation purposes:
13
14 THREE-TIER SHELTER PAYMENT STANDARD
15
16 Family Zero Shelter Greater than Zero Greater than $50
17 Size Obligation Less than or Shelter
18 Equal to $50 Obligation
19
20 1 $95 $153 $180
21 2 $158 $205 $241
22 3 $198 $258 $303
23 4 $254 $309 $364
24 5 $289 $362 $426
25 6 $346 $414 $487
26 7 $392 $467 $549
27 8 $438 $519 $610
28 9 $485 $570 $671
29 10 $534 $623 $733
30 11 $582 $676 $795
31 12 $630 $728 $857
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1 13 $678 $781 $919
2
3 (12) DISREGARDS.--
4 (a) As an incentive to employment, the first $200 plus
5 one-half of the remainder of earned income shall be
6 disregarded. In order to be eligible for earned income to be
7 disregarded, the individual must be:
8 1. A current participant in the program; or
9 2. Eligible for participation in the program without
10 the earnings disregard.
11 (b) A child's earned income shall be disregarded if
12 the child is a family member, attends high school or the
13 equivalent, and is 19 years of age or younger.
14 (13) CALCULATION OF LEVELS OF TEMPORARY CASH
15 ASSISTANCE.--
16 (a) Temporary cash assistance shall be calculated
17 based on average monthly gross family income, earned and
18 unearned, less any applicable disregards. The resulting
19 monthly net income amount shall be subtracted from the
20 applicable payment standard to determine the monthly amount of
21 temporary cash assistance.
22 (b) A deduction may not be allowed for child care
23 payments.
24 (14) METHODS OF PAYMENT OF TEMPORARY CASH
25 ASSISTANCE.--Temporary cash assistance may be paid as follows:
26 (a) Direct payment through state warrant, electronic
27 transfer of temporary cash assistance, or voucher.
28 (b) Payment to an alternative payee.
29 (c) Payment for subsidized employment.
30 (d) Pay-after-performance arrangements with public or
31 private not-for-profit agencies.
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1 (15) PROHIBITIONS AND RESTRICTIONS.--
2 (a) A family without a minor child living in the home
3 is not eligible to receive temporary cash assistance or
4 services under this chapter. However, a pregnant woman is
5 eligible for temporary cash assistance in the ninth month of
6 pregnancy if all eligibility requirements are otherwise
7 satisfied.
8 (b) Temporary cash assistance, without shelter
9 expense, may be available for a teen parent who is a minor
10 child and for the child. Temporary cash assistance may not be
11 paid directly to the teen parent but must be paid, on behalf
12 of the teen parent and child, to an alternative payee who is
13 designated by the department. The alternative payee may not
14 use the temporary cash assistance for any purpose other than
15 paying for food, clothing, shelter, and medical care for the
16 teen parent and child and for other necessities required to
17 enable the teen parent to attend school or a training program.
18 In order for the child of the teen parent and the teen parent
19 to be eligible for temporary cash assistance, the teen parent
20 must:
21 1. Attend school or an approved alternative training
22 program, unless the child is less than 12 weeks of age or the
23 teen parent has completed high school; and
24 2. Reside with a parent, legal guardian, or other
25 adult caretaker relative. The income and resources of the
26 parent shall be included in calculating the temporary cash
27 assistance available to the teen parent since the parent is
28 responsible for providing support and care for the child
29 living in the home.
30
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1 3. Attend parenting and family classes that provide a
2 curriculum specified by the department or the Department of
3 Health, as available.
4 (c) The teen parent is not required to live with a
5 parent, legal guardian, or other adult caretaker relative if
6 the department determines that:
7 1. The teen parent has suffered or might suffer harm
8 in the home of the parent, legal guardian, or adult caretaker
9 relative.
10 2. The requirement is not in the best interest of the
11 teen parent or the child. If the department determines that it
12 is not in the best interest of the teen parent or child to
13 reside with a parent, legal guardian, or other adult caretaker
14 relative, the department shall provide or assist the teen
15 parent in finding a suitable home, a second-chance home, a
16 maternity home, or other appropriate adult-supervised
17 supportive living arrangement. Such living arrangement may
18 include a shelter obligation in accordance with subsection
19 (11).
20
21 The department may not delay providing temporary cash
22 assistance to the teen parent through the alternative payee
23 designated by the department pending a determination as to
24 where the teen parent should live and sufficient time for the
25 move itself. A teen parent determined to need placement that
26 is unavailable shall continue to be eligible for temporary
27 cash assistance so long as the teen parent cooperates with the
28 department, the local WAGES coalition, and the Department of
29 Health. The teen parent shall be provided with counseling to
30 make the transition from independence to supervised living and
31 with a choice of living arrangements.
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1 (d) Notwithstanding any law to the contrary, if a
2 parent or caretaker relative without good cause does not
3 cooperate with the state agency responsible for administering
4 the child support enforcement program in establishing,
5 modifying, or enforcing a support order with respect to a
6 child of a teen parent or other family member, or a child of a
7 family member who is in the care of an adult relative,
8 temporary cash assistance to the entire family shall be denied
9 until the state agency indicates that cooperation by the
10 parent or caretaker relative has been satisfactory. To the
11 extent permissible under federal law, a parent or caretaker
12 relative shall not be penalized for failure to cooperate with
13 paternity establishment or with the establishment,
14 modification, or enforcement of a support order when such
15 cooperation could subject an individual to a risk of domestic
16 violence. Such risk shall constitute good cause to the extent
17 permitted by Title IV-D of the Social Security Act, as
18 amended, or other federal law.
19 (e) If a parent or caretaker relative does not assign
20 any rights a family member may have to support from any other
21 person as required by subsection (8), temporary cash
22 assistance to the entire family shall be denied until the
23 parent or caretaker relative assigns the rights to the
24 department.
25 (f) An individual who is convicted in federal or state
26 court of receiving benefits under this chapter, Title XIX, the
27 Food Stamp Act of 1977, or Title XVI (Supplemental Security
28 Income), in two or more states simultaneously may not receive
29 temporary cash assistance or services under this chapter for
30 10 years following the date of conviction.
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1 (g) An individual is ineligible to receive temporary
2 cash assistance or services under this chapter during any
3 period when the individual is fleeing to avoid prosecution,
4 custody, or confinement after committing a crime, attempting
5 to commit a crime that is a felony under the laws of the place
6 from which the individual flees or a high misdemeanor in the
7 State of New Jersey, or violating a condition of probation or
8 parole imposed under federal or state law.
9 (h) The parent or other caretaker relative must report
10 to the department by the end of the 5-day period that begins
11 on the date it becomes clear to the parent or caretaker
12 relative that a minor child will be absent from the home for
13 30 or more consecutive days. A parent or caretaker relative
14 who fails to report this information to the department shall
15 be disqualified from receiving temporary cash assistance for
16 30 days for the first occurrence, 60 days for the second
17 occurrence, and 90 days for the third or subsequent
18 occurrence.
19 (i) If the parents of a minor child live apart and
20 equally share custody and control of the child, a parent is
21 ineligible for temporary cash assistance unless the parent
22 clearly demonstrates to the department that the parent
23 provides primary day-to-day custody.
24 (j) The payee of the temporary cash assistance payment
25 is the caretaker relative with whom a minor child resides and
26 who assumes primary responsibility for the child's daily
27 supervision, care, and control, except in cases where a
28 protective payee is established.
29 (16) TRANSITIONAL BENEFITS AND SERVICES.--The
30 department shall develop procedures to ensure that families
31 leaving the temporary cash assistance program receive
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1 transitional benefits and services that will assist the family
2 in moving toward self-sufficiency. At a minimum, such
3 procedures must include, but are not limited to, the
4 following:
5 (a) Each WAGES participant who is determined
6 ineligible for cash assistance for a reason other than a work
7 activity sanction shall be contacted by the case manager and
8 provided information about the availability of transitional
9 benefits and services. Such contact shall be attempted prior
10 to closure of the case management file.
11 (b) Each WAGES participant who is determined
12 ineligible for cash assistance due to noncompliance with the
13 work activity requirements shall be contacted and provided
14 information in accordance with s. 414.065(4).
15 (c) The department, in consultation with the WAGES
16 Program State Board of Directors, shall develop informational
17 material, including posters and brochures, to better inform
18 families about the availability of transitional benefits and
19 services.
20 (d) The department shall review federal requirements
21 related to transitional Medicaid and shall, to the extent
22 permitted by federal law, develop procedures to maximize the
23 utilization of transitional Medicaid by families who leave the
24 temporary cash assistance program.
25 (16)(17) PREELIGIBILITY FRAUD SCREENING.--An applicant
26 who meets an error-prone profile, as determined by the
27 department, is subject to preeligibility fraud screening as a
28 means of reducing misspent funds and preventing fraud. The
29 department shall create an error-prone or fraud-prone case
30 profile within its public assistance information system and
31 shall screen each application for temporary cash assistance
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1 the WAGES Program against the profile to identify cases that
2 have a potential for error or fraud. Each case so identified
3 shall be subjected to preeligibility fraud screening.
4 (17)(18) PROPORTIONAL REDUCTION.--If the Social
5 Services Estimating Conference forecasts an increase in the
6 temporary cash assistance caseload and there is insufficient
7 funding, a proportional reduction as determined by the
8 department shall be applied to the levels of temporary cash
9 assistance in subsection (11).
10 (18)(19) ADDITIONAL FUNDING.--When warranted by
11 economic circumstances, the department, in consultation with
12 the Social Services Estimating Conference, shall apply for
13 additional federal funding available from the Contingency Fund
14 for State Welfare Programs.
15 Section 51. Section 414.105, Florida Statutes, is
16 amended to read:
17 414.105 Time limitations of temporary cash
18 assistance.--Unless otherwise expressly provided in this
19 chapter, an applicant or current participant shall receive
20 temporary cash assistance for episodes of not more than 24
21 cumulative months in any consecutive 60-month period that
22 begins with the first month of participation and for not more
23 than a lifetime cumulative total of 48 months as an adult.
24 (1) The time limitation for episodes of temporary cash
25 assistance may not exceed 36 cumulative months in any
26 consecutive 72-month period that begins with the first month
27 of participation and may not exceed a lifetime cumulative
28 total of 48 months of temporary cash assistance as an adult,
29 for cases in which the participant:
30
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1 (a) Has received aid to families with dependent
2 children or temporary cash assistance for any 36 months of the
3 preceding 60 months; or
4 (b) Is a custodial parent under the age of 24 who:
5 1. Has not completed a high school education or its
6 equivalent; or
7 2. Had little or no work experience in the preceding
8 year.
9 (2) A participant who is not exempt from work activity
10 requirements may earn 1 month of eligibility for extended
11 temporary cash assistance, up to maximum of 12 additional
12 months, for each month in which the participant is fully
13 complying with the work requirements activities of the WAGES
14 Program through subsidized or unsubsidized public or private
15 sector employment. The period for which extended temporary
16 cash assistance is granted shall be based upon compliance with
17 WAGES Program requirements of the temporary cash assistance
18 program beginning October 1, 1996. A participant may not
19 receive temporary cash assistance under this subsection, in
20 combination with other periods of temporary cash assistance
21 for longer than a lifetime limit of 48 months.
22 (3) Hardship exemptions to the time limitations of
23 this chapter shall be limited to 20 percent of the average
24 monthly caseload participants in all subsequent years, as
25 determined by the department in cooperation with Workforce
26 Florida, Inc. and approved by the WAGES Program State Board of
27 Directors. Criteria for hardship exemptions include:
28 (a) Diligent participation in activities, combined
29 with inability to obtain employment.
30 (b) Diligent participation in activities, combined
31 with extraordinary barriers to employment, including the
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1 conditions which may result in an exemption to work
2 requirements.
3 (c) Significant barriers to employment, combined with
4 a need for additional time.
5 (d) Diligent participation in activities and a need by
6 teen parents for an exemption in order to have 24 months of
7 eligibility beyond receipt of the high school diploma or
8 equivalent.
9 (e) A recommendation of extension for a minor child of
10 a participating family that has reached the end of the
11 eligibility period for temporary cash assistance. The
12 recommendation must be the result of a review which determines
13 that the termination of the child's temporary cash assistance
14 would be likely to result in the child being placed into
15 emergency shelter or foster care. Temporary cash assistance
16 shall be provided through a protective payee. Staff of the
17 Children and Families Program Office of the department shall
18 conduct all assessments in each case in which it appears a
19 child may require continuation of temporary cash assistance
20 through a protective payee.
21
22 At the recommendation of the local WAGES coalition, temporary
23 cash assistance under a hardship exemption for a participant
24 who is eligible for work activities and who is not working
25 shall be reduced by 10 percent. Upon the employment of the
26 participant, full benefits shall be restored.
27 (4)(3) In addition to the exemptions listed in
28 subsection (3) (2), a victim of domestic violence may be
29 granted a hardship exemption if the effects of such domestic
30 violence delay or otherwise interrupt or adversely affect the
31 individual's participation in the program. Hardship exemptions
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1 granted under this subsection shall not be subject to the
2 percentage limitations in subsection (2).
3 (5)(4) The department, in cooperation with Workforce
4 Florida, Inc., shall establish a procedure for reviewing and
5 approving hardship exemptions and for reviewing hardship cases
6 at least once every 3 years. Regional workforce boards, and
7 the local WAGES coalitions may assist in making these
8 determinations. The composition of any review panel must
9 generally reflect the racial, gender, and ethnic diversity of
10 the community as a whole. Members of a review panel shall
11 serve without compensation but are entitled to receive
12 reimbursement for per diem and travel expenses as provided in
13 s. 112.016.
14 (5) The cumulative total of all hardship exemptions
15 may not exceed 12 months, may include reduced benefits at the
16 option of the community review panel, and shall, in
17 combination with other periods of temporary cash assistance as
18 an adult, total no more than 48 months of temporary cash
19 assistance. If an individual fails to comply with program
20 requirements during a hardship exemption period, the hardship
21 exemption shall be removed.
22 (6) For individuals who have moved from another state,
23 the and have legally resided in this state for less than 12
24 months, the time limitation for temporary cash assistance
25 shall be the shorter of the respective time limitations used
26 in the two states, and months in which temporary cash
27 assistance was received under a block grant program that
28 provided temporary assistance for needy families in any state
29 shall count towards the cumulative 48-month benefit limit for
30 temporary cash assistance.
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1 (7) For individuals subject to a time limitation under
2 the Family Transition Act of 1993, that time limitation shall
3 continue to apply. Months in which temporary cash assistance
4 was received through the family transition program shall count
5 towards the time limitations under this chapter.
6 (8) Except when temporary cash assistance was received
7 through the family transition program, the calculation of the
8 time limitation for temporary cash assistance shall begin with
9 the first month of receipt of temporary cash assistance after
10 the effective date of this act.
11 (9) Child-only cases are not subject to time
12 limitations, and temporary cash assistance received while an
13 individual is a minor child shall not count towards time
14 limitations.
15 (10) An individual who receives benefits under the
16 Supplemental Security Income (SSI) program or the Social
17 Security Disability Insurance (SSDI) program is not subject to
18 time limitations. An individual who has applied for
19 supplemental security income (SSI) or supplemental security
20 disability income (SSDI), but has not yet received a
21 determination must be granted an extension of time limits
22 until the individual receives a final determination on the SSI
23 application. Determination shall be considered final once all
24 appeals have been exhausted, benefits have been received, or
25 denial has been accepted without any appeal. While awaiting a
26 final determination, such individual must continue to meet all
27 program requirements assigned to the participant based on
28 medical ability to comply. If a final determination results in
29 the denial of benefits for supplemental security income (SSI)
30 or supplemental security disability income (SSDI), any period
31 during which the recipient received assistance under this
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1 chapter shall count against Extensions of time limits shall be
2 within the recipient's 48-month lifetime limit. Hardship
3 exemptions granted under this subsection shall not be subject
4 to the percentage limitations in subsection (2).
5 (11) A person who is totally responsible for the
6 personal care of a disabled family member is not subject to
7 time limitations if the need for the care is verified and
8 alternative care is not available for the family member. The
9 department shall annually evaluate an individual's
10 qualifications for this exemption.
11 (12) A member of the WAGES Program staff of the
12 regional workforce board shall interview and assess the
13 employment prospects and barriers of each participant who is
14 within 6 months of reaching the 24-month time limit. The
15 staff member shall assist the participant in identifying
16 actions necessary to become employed prior to reaching the
17 benefit time limit for temporary cash assistance and, if
18 appropriate, shall refer the participant for services that
19 could facilitate employment.
20 Section 52. Section 414.157, Florida Statutes, is
21 amended to read:
22 414.157 Diversion program for victims of domestic
23 violence.--
24 (1) The diversion program for victims of domestic
25 violence is intended to provide services and one-time payments
26 to assist victims of domestic violence and their children in
27 making the transition to independence.
28 (2) Before finding an applicant family eligible for
29 the diversion program created under this section, a
30 determination must be made that:
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1 (a) The applicant family includes a pregnant woman or
2 a parent with one or more minor children or a caretaker
3 relative with one or more minor children.
4 (b) 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 ss. 414.075, 414.085, and 414.095, a family meeting the
8 criteria of subsection (2) who is determined by the domestic
9 violence program to be in need of services or one-time payment
10 due to domestic violence shall be considered a needy family
11 and is shall be deemed eligible under this section for
12 services through a certified domestic violence shelter.
13 (4) One-time payments provided under this section
14 shall not exceed $1,000 an amount recommended by the WAGES
15 Program State Board of Directors and adopted by the department
16 in rule.
17 (5) Receipt of services or a one-time payment under
18 this section does shall not preclude eligibility for, or
19 receipt of, other assistance or services under this chapter.
20 Section 53. Section 414.158, Florida Statutes, is
21 amended to read:
22 414.158 Diversion program to prevent or reduce child
23 abuse and neglect strengthen Florida's families.--
24 (1) The diversion program to prevent or reduce child
25 abuse and neglect strengthen Florida's families is intended to
26 provide services and one-time payments to assist families in
27 avoiding welfare dependency and to strengthen families so that
28 children can be cared for in their own homes or in the homes
29 of relatives and so that families can be self-sufficient.
30
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1 (2) Before finding a family eligible for the diversion
2 program created under this section, a determination must be
3 made that:
4 (a) The family includes a pregnant woman or a parent
5 with one or more minor children or a caretaker relative with
6 one or more minor children.
7 (b) The family meets the criteria of a voluntary
8 assessment performed by Healthy Families Florida; the family
9 meets the criteria established by the department for
10 determining that one or more children in the family are at
11 risk of abuse, neglect, or threatened harm; or the family is
12 homeless or living in a facility that provides shelter to
13 homeless families.
14 (c) The services or one-time payment provided are not
15 considered assistance under federal law or guidelines.
16 (3) Notwithstanding any provision to the contrary in
17 s. 414.075, s. 414.085, or s. 414.095, a family meeting the
18 requirements of subsection (2) shall be considered a needy
19 family and shall be deemed eligible under this section.
20 (4) The department, in consultation with Healthy
21 Families Florida, may establish additional requirements
22 related to services or one-time payments, and the department
23 is authorized to adopt rules relating to maximum amounts of
24 such one-time payments.
25 (5) Receipt of services or a one-time payment under
26 this section shall not preclude eligibility for, or receipt
27 of, other assistance or services under this chapter.
28 Section 54. Subsection (1) of section 414.35, Florida
29 Statutes, is amended to read:
30 414.35 Emergency relief.--
31
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1 (1) The department shall, by October 1, 1978, adopt
2 rules for the administration of emergency assistance programs
3 delegated to the department either by executive order in
4 accordance with the Disaster Relief Act of 1974 or pursuant to
5 the Food Stamp Act of 1977.
6 Section 55. Subsection (1) of section 414.36, Florida
7 Statutes, is amended to read:
8 414.36 Public assistance overpayment recovery program;
9 contracts.--
10 (1) The department shall develop and implement a plan
11 for the statewide privatization of activities relating to the
12 recovery of public assistance overpayment claims. These
13 activities shall include, at a minimum, voluntary cash
14 collections functions for recovery of fraudulent and
15 nonfraudulent benefits paid to recipients of temporary cash
16 assistance under the WAGES Program, food stamps, and aid to
17 families with dependent children.
18 Section 56. Subsection (10) of section 414.39, Florida
19 Statutes, is amended to read:
20 414.39 Fraud.--
21 (10) The department shall create an error-prone or
22 fraud-prone case profile within its public assistance
23 information system and shall screen each application for
24 public assistance, including food stamps, Medicaid, and
25 temporary cash assistance under the WAGES Program, against the
26 profile to identify cases that have a potential for error or
27 fraud. Each case so identified shall be subjected to
28 preeligibility fraud screening.
29 Section 57. Subsection (3) of section 414.41, Florida
30 Statutes, is amended to read:
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1 414.41 Recovery of payments made due to mistake or
2 fraud.--
3 (3) The department, or its designee, shall enforce an
4 order of income deduction by the court against the liable
5 adult recipient or participant, including the head of a
6 family, for overpayment received as an adult under the
7 temporary cash assistance WAGES program, the AFDC program, the
8 food stamp program, or the Medicaid program.
9 Section 58. Section 414.55, Florida Statutes, is
10 amended to read:
11 414.55 Implementation of ss.
12 414.015-414.55.--Following the effective date of ss.
13 414.015-414.55:
14 (1)(a) The Governor may delay implementation of ss.
15 414.015-414.55 in order to provide the department, the
16 Department of Labor and Employment Security, the Department of
17 Revenue, and the Department of Health with the time necessary
18 to prepare to implement new programs.
19 (b) The Governor may also delay implementation of
20 portions of ss. 414.015-414.55 in order to allow savings
21 resulting from the enactment of ss. 414.015-414.55 to pay for
22 provisions implemented later. If the Governor determines that
23 portions of ss. 414.015-414.55 should be delayed, the priority
24 in implementing ss. 414.015-414.55 shall be, in order of
25 priority:
26 1. Provisions that provide savings in the first year
27 of implementation.
28 2. Provisions necessary to the implementation of work
29 activity requirements, time limits, and sanctions.
30
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1 3. Provisions related to removing marriage penalties
2 and expanding temporary cash assistance to stepparent and
3 two-parent families.
4 4. Provisions related to the reduction of teen
5 pregnancy and out-of-wedlock births.
6 5. Other provisions.
7 (2) The programs affected by ss. 414.015-414.55 shall
8 continue to operate under the provisions of law that would be
9 in effect in the absence of ss. 414.015-414.55, until such
10 time as the Governor informs the Speaker of the House of
11 Representatives and the President of the Senate of his or her
12 intention to implement provisions of ss. 414.015-414.55.
13 Notice of intent to implement ss. 414.015-414.55 shall be
14 given to the Speaker of the House of Representatives and the
15 President of the Senate in writing and shall be delivered at
16 least 14 consecutive days prior to such action.
17 (3) Any changes to a program, activity, or function
18 taken pursuant to this section shall be considered a type two
19 transfer pursuant to the provisions of s. 20.06(2).
20 (4) In implementing ss. 414.015-414.55, The Governor
21 shall minimize the liability of the state by opting out of the
22 special provision related to community work, as described in
23 s. 402(a)(1)(B)(iv) of the Social Security Act, as amended by
24 Pub. L. No. 104-193. The department and Workforce Florida,
25 Inc., the Department of Labor and Employment Security shall
26 implement the community work program in accordance with s.
27 445.024 ss. 414.015-414.55.
28 Section 59. Section 414.70, Florida Statutes, is
29 amended to read:
30 414.70 Drug-testing and drug-screening program;
31 procedures.--
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1 (1) DEMONSTRATION PROJECT.--The Department of Children
2 and Family Services, in consultation with the regional
3 workforce boards in service areas local WAGES coalitions 3 and
4 8, shall develop and, as soon as possible after January 1,
5 1999, implement a demonstration project in service areas WAGES
6 regions 3 and 8 to screen each applicant and test applicants
7 for temporary cash assistance provided under this chapter, who
8 the department has reasonable cause to believe, based on the
9 screening, engage in illegal use of controlled substances.
10 Unless reauthorized by the Legislature, this demonstration
11 project expires June 30, 2001. As used in this section act,
12 the term "applicant" means an individual who first applies for
13 temporary cash assistance or services under this chapter the
14 WAGES Program. Screening and testing for the illegal use of
15 controlled substances is not required if the individual
16 reapplies during any continuous period in which the individual
17 receives assistance or services. However, an individual may
18 volunteer for drug testing and treatment if funding is
19 available.
20 (a) Applicants subject to the requirements of this
21 section include any parent or caretaker relative who is
22 included in the cash assistance group, including individuals
23 who may be exempt from work activity requirements due to the
24 age of the youngest child or who may be excepted from work
25 activity requirements under s. 414.065(4) s. 414.065(7).
26 (b) Applicants not subject to the requirements of this
27 section include applicants for food stamps or Medicaid who are
28 not applying for cash assistance, applicants who, if eligible,
29 would be exempt from the time limitation and work activity
30 requirements due to receipt of social security disability
31 income, and applicants who, if eligible, would be excluded
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1 from the assistance group due to receipt of supplemental
2 security income.
3 (2) PROCEDURES.--Under the demonstration project, the
4 Department of Children and Family Services shall:
5 (a) Provide notice of drug screening and the potential
6 for possible drug testing to each applicant at the time of
7 application. The notice must advise the applicant that drug
8 screening and possibly drug testing will be conducted as a
9 condition for receiving temporary assistance or services under
10 this chapter, and shall specify the assistance or services
11 that are subject to this requirement. The notice must also
12 advise the applicant that a prospective employer may require
13 the applicant to submit to a preemployment drug test. The
14 applicant shall be advised that the required drug screening
15 and possible drug testing may be avoided if the applicant does
16 not apply for or receive assistance or services. The
17 drug-screening and drug-testing program is not applicable in
18 child-only cases.
19 (b) Develop a procedure for drug screening and
20 conducting drug testing of applicants for temporary cash
21 assistance or services under the WAGES Program. For two-parent
22 families, both parents must comply with the drug screening and
23 testing requirements of this section.
24 (c) Provide a procedure to advise each person to be
25 tested, before the test is conducted, that he or she may, but
26 is not required to, advise the agent administering the test of
27 any prescription or over-the-counter medication he or she is
28 taking.
29 (d) Require each person to be tested to sign a written
30 acknowledgment that he or she has received and understood the
31 notice and advice provided under paragraphs (a) and (c).
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1 (e) Provide a procedure to assure each person being
2 tested a reasonable degree of dignity while producing and
3 submitting a sample for drug testing, consistent with the
4 state's need to ensure the reliability of the sample.
5 (f) Specify circumstances under which a person who
6 fails a drug test has the right to take one or more additional
7 tests.
8 (g) Provide a procedure for appealing the results of a
9 drug test by a person who fails a test and for advising the
10 appellant that he or she may, but is not required to, advise
11 appropriate staff of any prescription or over-the-counter
12 medication he or she has been taking.
13 (h) Notify each person who fails a drug test of the
14 local substance abuse treatment programs that may be available
15 to such person.
16 (3) CHILDREN.--
17 (a) If a parent is deemed ineligible for cash
18 assistance due to refusal to comply with the provisions of
19 this section, his or her dependent child's eligibility for
20 cash assistance is not affected. A parent who is ineligible
21 for cash assistance due to refusal or failure to comply with
22 the provisions of this section shall be subject to the work
23 activity requirements of s. 445.024 s. 414.065, and shall be
24 subject to the penalties under s. 414.065(1) s. 414.065(4)
25 upon failure to comply with such requirements.
26 (b) If a parent is deemed ineligible for cash
27 assistance due to the failure of a drug test, an appropriate
28 protective payee will be established for the benefit of the
29 child.
30
31
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1 (c) If the parent refuses to cooperate in establishing
2 an appropriate protective payee for the child, the Department
3 of Children and Family Services will appoint one.
4 (4) TREATMENT.--
5 (a) Subject to the availability of funding, the
6 Department of Children and Family Services shall provide a
7 substance abuse treatment program for a person who fails a
8 drug test conducted under this section act and is eligible to
9 receive temporary cash assistance or services under this
10 chapter the WAGES Program. The department shall provide for a
11 retest at the end of the treatment period. Failure to pass the
12 retest will result in the termination of temporary cash
13 assistance or services provided under this chapter and of any
14 right to appeal the termination.
15 (b) The Department of Children and Family Services
16 shall develop rules regarding the disclosure of information
17 concerning applicants who enter treatment, including the
18 requirement that applicants sign a consent to release
19 information to the Department of Children and Family Services
20 or the Department of Labor and Employment Security, as
21 necessary, as a condition of entering the treatment program.
22 (c) The Department of Children and Family Services may
23 develop rules for assessing the status of persons formerly
24 treated under this section act who reapply for assistance or
25 services under the WAGES act as well as the need for drug
26 testing as a part of the reapplication process.
27 (5) EVALUATIONS AND RECOMMENDATIONS.--
28 (a) The Department of Children and Family Services, in
29 conjunction with the regional workforce boards local WAGES
30 coalitions in service areas 3 and 8, shall conduct a
31 comprehensive evaluation of the demonstration projects
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1 operated under this section act. By January 1, 2000, the
2 department, in conjunction with the local WAGES coalitions
3 involved, shall report to the WAGES Program State Board of
4 Directors and to the Legislature on the status of the initial
5 implementation of the demonstration projects and shall
6 specifically describe the problems encountered and the funds
7 expended during the first year of operation.
8 (b) By January 1, 2001, the department, in conjunction
9 with the regional workforce boards local WAGES coalitions
10 involved, shall provide a comprehensive evaluation to the
11 WAGES Program State Board of Directors and to the Legislature,
12 which must include:
13 1. The impact of the drug-screening and drug-testing
14 program on employability, job placement, job retention, and
15 salary levels of program participants.
16 2. Recommendations, based in part on a cost and
17 benefit analysis, as to the feasibility of expanding the
18 program to other local WAGES service areas, including specific
19 recommendations for implementing such expansion of the
20 program.
21 (6) CONFLICTS.--In the event of a conflict between the
22 implementation procedures described in this program and
23 federal requirements and regulations, federal requirements and
24 regulations shall control.
25 Section 60. Sections 239.249, 288.9950, 288.9954,
26 288.9957, 288.9958, 288.9959, 414.015, 414.026, 414.0267,
27 414.027, 414.028, 414.029, 414.030, 414.055, 414.125, 414.25,
28 and 414.38, Florida Statutes, are repealed.
29 Section 61. Subsection (2) of section 14.2015, Florida
30 Statutes, is amended to read:
31
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1 14.2015 Office of Tourism, Trade, and Economic
2 Development; creation; powers and duties.--
3 (2) The purpose of the Office of Tourism, Trade, and
4 Economic Development is to assist the Governor in working with
5 the Legislature, state agencies, business leaders, and
6 economic development professionals to formulate and implement
7 coherent and consistent policies and strategies designed to
8 provide economic opportunities for all Floridians. To
9 accomplish such purposes, the Office of Tourism, Trade, and
10 Economic Development shall:
11 (a) Contract, notwithstanding the provisions of part I
12 of chapter 287, with the direct-support organization created
13 under s. 288.1229 to guide, stimulate, and promote the sports
14 industry in the state, to promote the participation of
15 Florida's citizens in amateur athletic competition, and to
16 promote Florida as a host for national and international
17 amateur athletic competitions.
18 (b) Monitor the activities of public-private
19 partnerships and state agencies in order to avoid duplication
20 and promote coordinated and consistent implementation of
21 programs in areas including, but not limited to, tourism;
22 international trade and investment; business recruitment,
23 creation, retention, and expansion; workforce development;
24 minority and small business development; and rural community
25 development. As part of its responsibilities under this
26 paragraph, the office shall work with Enterprise Florida,
27 Inc., and Workforce Florida, Inc., to ensure that, to the
28 maximum extent possible, there are direct linkages between the
29 economic development and workforce development goals and
30 strategies of the state.
31
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1 (c) Facilitate the direct involvement of the Governor
2 and the Lieutenant Governor in economic development and
3 workforce development projects designed to create, expand, and
4 retain Florida businesses and to recruit worldwide business,
5 as well as in other job-creating efforts.
6 (d) Assist the Governor, in cooperation with
7 Enterprise Florida, Inc., Workforce Florida, Inc., and the
8 Florida Commission on Tourism, in preparing an annual report
9 to the Legislature on the state of the business climate in
10 Florida and on the state of economic development in Florida
11 which will include the identification of problems and the
12 recommendation of solutions. This report shall be submitted
13 to the President of the Senate, the Speaker of the House of
14 Representatives, the Senate Minority Leader, and the House
15 Minority Leader by January 1 of each year, and it shall be in
16 addition to the Governor's message to the Legislature under
17 the State Constitution and any other economic reports required
18 by law.
19 (e) Plan and conduct at least one meeting per calendar
20 year of leaders in business, government, education, workforce
21 development, and economic development called by the Governor
22 to address the business climate in the state, develop a common
23 vision for the economic future of the state, and identify
24 economic development efforts to fulfill that vision.
25 (f)1. Administer the Florida Enterprise Zone Act under
26 ss. 290.001-290.016, the community contribution tax credit
27 program under ss. 220.183 and 624.5105, the tax refund program
28 for qualified target industry businesses under s. 288.106, the
29 tax-refund program for qualified defense contractors under s.
30 288.1045, contracts for transportation projects under s.
31 288.063, the sports franchise facility program under s.
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1 288.1162, the professional golf hall of fame facility program
2 under s. 288.1168, the expedited permitting process under s.
3 403.973, the Rural Community Development Revolving Loan Fund
4 under s. 288.065, the Regional Rural Development Grants
5 Program under s. 288.018, the Certified Capital Company Act
6 under s. 288.99, the Florida State Rural Development Council,
7 the Rural Economic Development Initiative, and other programs
8 that are specifically assigned to the office by law, by the
9 appropriations process, or by the Governor. Notwithstanding
10 any other provisions of law, the office may expend interest
11 earned from the investment of program funds deposited in the
12 Economic Development Trust Fund, the Grants and Donations
13 Trust Fund, the Brownfield Property Ownership Clearance
14 Assistance Revolving Loan Trust Fund, and the Economic
15 Development Transportation Trust Fund to contract for the
16 administration of the programs, or portions of the programs,
17 enumerated in this paragraph or assigned to the office by law,
18 by the appropriations process, or by the Governor. Such
19 expenditures shall be subject to review under chapter 216.
20 2. The office may enter into contracts in connection
21 with the fulfillment of its duties concerning the Florida
22 First Business Bond Pool under chapter 159, tax incentives
23 under chapters 212 and 220, tax incentives under the Certified
24 Capital Company Act in chapter 288, foreign offices under
25 chapter 288, the Enterprise Zone program under chapter 290,
26 the Seaport Employment Training program under chapter 311, the
27 Florida Professional Sports Team License Plates under chapter
28 320, Spaceport Florida under chapter 331, Expedited Permitting
29 under chapter 403, and in carrying out other functions that
30 are specifically assigned to the office by law, by the
31 appropriations process, or by the Governor.
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1 (g) Serve as contract administrator for the state with
2 respect to contracts with Enterprise Florida, Inc., Workforce
3 Florida, Inc., the Florida Commission on Tourism, and all
4 direct-support organizations under this act, excluding those
5 relating to tourism. To accomplish the provisions of this act
6 and applicable provisions of chapter 288, and notwithstanding
7 the provisions of part I of chapter 287, the office shall
8 enter into specific contracts with Enterprise Florida, Inc.,
9 Workforce Florida, Inc., the Florida Commission on Tourism,
10 and other appropriate direct-support organizations. Such
11 contracts may be multiyear and shall include specific
12 performance measures for each year.
13 (h) Provide administrative oversight for the Office of
14 the Film Commissioner, created under s. 288.1251, to develop,
15 promote, and provide services to the state's entertainment
16 industry and to administratively house the Florida Film
17 Advisory Council created under s. 288.1252.
18 (i) Prepare and submit as a separate budget entity a
19 unified budget request for tourism, trade, and economic
20 development in accordance with chapter 216 for, and in
21 conjunction with, Enterprise Florida, Inc., and its boards,
22 Workforce Florida, Inc., and its board, the Florida Commission
23 on Tourism and its direct-support organization, the Florida
24 Black Business Investment Board, the Office of the Film
25 Commissioner, and the direct-support organization created to
26 promote the sports industry.
27 (j) Adopt rules, as necessary, to carry out its
28 functions in connection with the administration of the
29 Qualified Target Industry program, the Qualified Defense
30 Contractor program, the Certified Capital Company Act, the
31
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1 Enterprise Zone program, and the Florida First Business Bond
2 pool.
3 Section 62. Effective October 1, 2000, subsections (4)
4 and (5) of section 20.171, Florida Statutes, are amended to
5 read:
6 20.171 Department of Labor and Employment
7 Security.--There is created a Department of Labor and
8 Employment Security. The department shall operate its programs
9 in a decentralized fashion.
10 (4)(a) The Assistant Secretary for Programs and
11 Operations must possess a broad knowledge of the
12 administrative, financial, and technical aspects of the
13 divisions within the department.
14 (b) The assistant secretary is responsible for
15 developing, monitoring, and enforcing policy and managing
16 major technical programs and supervising the Bureau of Appeals
17 of the Division of Unemployment Compensation. The
18 responsibilities and duties of the position include, but are
19 not limited to, the following functional areas:
20 1. Workers' compensation management and policy
21 implementation.
22 2. Jobs and benefits management and policy
23 information.
24 2.3. Unemployment compensation management and policy
25 implementation.
26 3.4. Blind services management and policy
27 implementation.
28 4.5. Oversight of the five field offices and any local
29 offices.
30 (5) The following divisions are established and shall
31 be headed by division directors who shall be supervised by and
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1 shall be responsible to the Assistant Secretary for Programs
2 and Operations:
3 (a) Division of Workforce and Employment
4 Opportunities.
5 (a)(b) Division of Unemployment Compensation.
6 (b)(c) Division of Workers' Compensation.
7 (c)(d) Division of Blind Services.
8 (d)(e) Division of Safety, which is repealed July 1,
9 2000.
10 (e)(f) Division of Vocational Rehabilitation.
11 Section 63. Section 20.22, Florida Statutes, is
12 amended to read:
13 20.22 Department of Management Services.--There is
14 created a Department of Management Services.
15 (1) The head of the Department of Management Services
16 is the Secretary of Management Services, who shall be
17 appointed by the Governor, subject to confirmation by the
18 Senate, and shall serve at the pleasure of the Governor.
19 (2) The following divisions and programs within the
20 Department of Management Services are established:
21 (a) Facilities Program.
22 (b) Information Technology Program.
23 (c) Workforce Program.
24 (d)1. Support Program.
25 2. Federal Property Assistance Program.
26 (e) Administration Program.
27 (f) Division of Administrative Hearings.
28 (g) Division of Retirement.
29 (h) Division of State Group Insurance.
30 (i) Division of Workforce Administrative Support.
31
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1 (3) The Information Technology Program shall operate
2 and manage the Technology Resource Center.
3 (4) The duties of the Chief Labor Negotiator shall be
4 determined by the Secretary of Management Services, and must
5 include, but need not be limited to, the representation of the
6 Governor as the public employer in collective bargaining
7 negotiations pursuant to the provisions of chapter 447.
8 (5) The Division of Workforce Administrative Support
9 shall ensure that the state appropriately administers federal
10 and state workforce funding by administering policy directives
11 and providing administrative support services pursuant to
12 contract with Workforce Florida, Inc.
13 (a) All policy direction to regional workforce boards
14 shall emanate from the division at the direction of Workforce
15 Florida, Inc.
16 (b) Unless otherwise provided by contract with
17 Workforce Florida, Inc., administrative and personnel policies
18 of the Department of Management Services shall apply.
19 (6) The division shall be the designated
20 administrative agency for receipt of federal
21 workforce-development grants and other federal funds, and
22 shall carry out the duties and responsibilities assigned by
23 the Governor under each federal grant assigned to the
24 division. The division shall be a separate budget entity and
25 shall expend each revenue source as provided by federal and
26 state law and as provided in its contract with Workforce
27 Florida, Inc. The head of the division is the Director of
28 Workforce Administrative Support, who shall be appointed by
29 the Secretary of Management Services from nominees submitted
30 by Workforce Florida, Inc. The division shall be organized as
31 follows:
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1 (a) The Office of One-Stop Workforce Services shall
2 administer the state merit system staff who provide services
3 in the one-stop delivery system, pursuant to policies of
4 Workforce Florida, Inc. The office shall be directed by the
5 Deputy Director for One-Stop Workforce Services, who shall be
6 appointed by and serve at the pleasure of the director.
7 (b) The Office of Workforce Investment and
8 Accountability shall be responsible for procurement,
9 contracting, financial management, accounting, audits, and
10 verification. The office shall be directed by the Deputy
11 Director for Workforce Investment and Accountability, who
12 shall be appointed by and serve at the pleasure of the
13 director.
14 (c) The Office of Workforce Information Services shall
15 deliver information on labor markets, employment, occupations,
16 and performance, and shall implement and maintain information
17 systems that are required for the effective operation of the
18 one-stop delivery system, including, but not limited to, those
19 systems described in s. 445.009. The office will be under the
20 direction of the Deputy Director for Workforce Information
21 Services, who shall be appointed by and serve at the pleasure
22 of the director.
23 (7) The Division of Workforce Administrative Support
24 shall serve as the designated agency for purposes of each
25 federal workforce development grant assigned to it for
26 administration. The division shall carry out the duties
27 assigned to it by the Governor and Workforce Florida, Inc.,
28 under the terms and conditions of each grant. The division
29 shall have the level of authority and autonomy within the
30 department that is necessary to be the designated recipient of
31 each federal grant assigned to it, and shall disperse such
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1 grants pursuant to its contract with Workforce Florida, Inc.
2 The director may, upon delegation from the Governor and
3 pursuant to contract with Workforce Florida, Inc., sign
4 contracts, grants, and other instruments as necessary to
5 execute functions assigned to the division. The assignment of
6 powers and duties to the division does not limit the authority
7 and responsibilities of the Secretary of Management Services
8 as provided in s. 20.05(1)(a). Notwithstanding other
9 provisions of law, the following federal grants and other
10 funds are assigned for administration to the Division of
11 Workforce Administrative Support:
12 (a) Programs authorized under Title I of the Workforce
13 Investment Act of 1998, Pub. L. No. 105-220, except for
14 programs funded directly by the United States Department of
15 Labor under Title I, s. 167.
16 (b) Programs authorized under the Wagner-Peyser Act of
17 1933, as amended, 29 U.S.C. ss. 49 et seq.
18 (c) Welfare-to-work grants administered by the United
19 States Department of Labor under Title IV, s. 403, of the
20 Social Security Act, as amended.
21 (d) Activities authorized under Title II of the Trade
22 Act of 1974, as amended; 2 U.S.C. ss. 2271 et seq.; and the
23 Trade Adjustment Assistance Program.
24 (e) Activities authorized under chapter 41 of Title 38
25 U.S.C., including job counseling, training, and placement for
26 veterans.
27 (f) Employment and training activities carried out
28 under the Community Services Block Grant Act, 42 U.S.C. ss.
29 9901 et seq.
30
31
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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 Section 64. Paragraph (b) of subsection (5) of section
19 212.08, Florida Statutes, is amended to read:
20 212.08 Sales, rental, use, consumption, distribution,
21 and storage tax; specified exemptions.--The sale at retail,
22 the rental, the use, the consumption, the distribution, and
23 the storage to be used or consumed in this state of the
24 following are hereby specifically exempt from the tax imposed
25 by this chapter.
26 (5) EXEMPTIONS; ACCOUNT OF USE.--
27 (b) Machinery and equipment used to increase
28 productive output.--
29 1. Industrial machinery and equipment purchased for
30 exclusive use by a new business in spaceport activities as
31 defined by s. 212.02 or for use in new businesses which
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1 manufacture, process, compound, or produce for sale items of
2 tangible personal property at fixed locations are exempt from
3 the tax imposed by this chapter upon an affirmative showing by
4 the taxpayer to the satisfaction of the department that such
5 items are used in a new business in this state. Such purchases
6 must be made prior to the date the business first begins its
7 productive operations, and delivery of the purchased item must
8 be made within 12 months of that date.
9 2.a. Industrial machinery and equipment purchased for
10 exclusive use by an expanding facility which is engaged in
11 spaceport activities as defined by s. 212.02 or for use in
12 expanding manufacturing facilities or plant units which
13 manufacture, process, compound, or produce for sale items of
14 tangible personal property at fixed locations in this state
15 are exempt from any amount of tax imposed by this chapter in
16 excess of $50,000 per calendar year upon an affirmative
17 showing by the taxpayer to the satisfaction of the department
18 that such items are used to increase the productive output of
19 such expanded facility or business by not less than 10
20 percent.
21 b. Notwithstanding any other provision of this
22 section, industrial machinery and equipment purchased for use
23 in expanding printing manufacturing facilities or plant units
24 that manufacture, process, compound, or produce for sale items
25 of tangible personal property at fixed locations in this state
26 are exempt from any amount of tax imposed by this chapter upon
27 an affirmative showing by the taxpayer to the satisfaction of
28 the department that such items are used to increase the
29 productive output of such an expanded business by not less
30 than 10 percent.
31
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1 3.a. To receive an exemption provided by subparagraph
2 1. or subparagraph 2., a qualifying business entity shall
3 apply to the department for a temporary tax exemption permit.
4 The application shall state that a new business exemption or
5 expanded business exemption is being sought. Upon a tentative
6 affirmative determination by the department pursuant to
7 subparagraph 1. or subparagraph 2., the department shall issue
8 such permit.
9 b. The applicant shall be required to maintain all
10 necessary books and records to support the exemption. Upon
11 completion of purchases of qualified machinery and equipment
12 pursuant to subparagraph 1. or subparagraph 2., the temporary
13 tax permit shall be delivered to the department or returned to
14 the department by certified or registered mail.
15 c. If, in a subsequent audit conducted by the
16 department, it is determined that the machinery and equipment
17 purchased as exempt under subparagraph 1. or subparagraph 2.
18 did not meet the criteria mandated by this paragraph or if
19 commencement of production did not occur, the amount of taxes
20 exempted at the time of purchase shall immediately be due and
21 payable to the department by the business entity, together
22 with the appropriate interest and penalty, computed from the
23 date of purchase, in the manner prescribed by this chapter.
24 d. In the event a qualifying business entity fails to
25 apply for a temporary exemption permit or if the tentative
26 determination by the department required to obtain a temporary
27 exemption permit is negative, a qualifying business entity
28 shall receive the exemption provided in subparagraph 1. or
29 subparagraph 2. through a refund of previously paid taxes. No
30 refund may be made for such taxes unless the criteria mandated
31
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1 by subparagraph 1. or subparagraph 2. have been met and
2 commencement of production has occurred.
3 4. The department shall promulgate rules governing
4 applications for, issuance of, and the form of temporary tax
5 exemption permits; provisions for recapture of taxes; and the
6 manner and form of refund applications and may establish
7 guidelines as to the requisites for an affirmative showing of
8 increased productive output, commencement of production, and
9 qualification for exemption.
10 5. The exemptions provided in subparagraphs 1. and 2.
11 do not apply to machinery or equipment purchased or used by
12 electric utility companies, communications companies, oil or
13 gas exploration or production operations, publishing firms
14 that do not export at least 50 percent of their finished
15 product out of the state, any firm subject to regulation by
16 the Division of Hotels and Restaurants of the Department of
17 Business and Professional Regulation, or any firm which does
18 not manufacture, process, compound, or produce for sale items
19 of tangible personal property or which does not use such
20 machinery and equipment in spaceport activities as required by
21 this paragraph. The exemptions provided in subparagraphs 1.
22 and 2. shall apply to machinery and equipment purchased for
23 use in phosphate or other solid minerals severance, mining, or
24 processing operations only by way of a prospective credit
25 against taxes due under chapter 211 for taxes paid under this
26 chapter on such machinery and equipment.
27 6. For the purposes of the exemptions provided in
28 subparagraphs 1. and 2., these terms have the following
29 meanings:
30 a. "Industrial machinery and equipment" means "section
31 38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the
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1 Internal Revenue Code, provided "industrial machinery and
2 equipment" shall be construed by regulations adopted by the
3 Department of Revenue to mean tangible property used as an
4 integral part of spaceport activities or of the manufacturing,
5 processing, compounding, or producing for sale of items of
6 tangible personal property. Such term includes parts and
7 accessories only to the extent that the exemption thereof is
8 consistent with the provisions of this paragraph.
9 b. "Productive output" means the number of units
10 actually produced by a single plant or operation in a single
11 continuous 12-month period, irrespective of sales. Increases
12 in productive output shall be measured by the output for 12
13 continuous months immediately following the completion of
14 installation of such machinery or equipment over the output
15 for the 12 continuous months immediately preceding such
16 installation. However, if a different 12-month continuous
17 period of time would more accurately reflect the increase in
18 productive output of machinery and equipment purchased to
19 facilitate an expansion, the increase in productive output may
20 be measured during that 12-month continuous period of time if
21 such time period is mutually agreed upon by the Department of
22 Revenue and the expanding business prior to the commencement
23 of production; provided, however, in no case may such time
24 period begin later than 2 years following the completion of
25 installation of the new machinery and equipment. The units
26 used to measure productive output shall be physically
27 comparable between the two periods, irrespective of sales.
28 7. Notwithstanding any other provision in this
29 paragraph to the contrary, in order to receive the exemption
30 provided in this paragraph a taxpayer must register with the
31 WAGES Program Business Registry established by the local WAGES
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1 coalition for the area in which the taxpayer is located. Such
2 registration establishes a commitment on the part of the
3 taxpayer to hire WAGES program participants to the maximum
4 extent possible consistent with the nature of their business.
5 Section 65. Subsections (1) and (3) of section
6 212.096, Florida Statutes, are amended to read:
7 212.096 Sales, rental, storage, use tax; enterprise
8 zone jobs credit against sales tax.--
9 (1) For the purposes of the credit provided in this
10 section:
11 (a) "Eligible business" means any sole proprietorship,
12 firm, partnership, corporation, bank, savings association,
13 estate, trust, business trust, receiver, syndicate, or other
14 group or combination, or successor business, located in an
15 enterprise zone. An eligible business does not include any
16 business which has claimed the credit permitted under s.
17 220.181 for any new business employee first beginning
18 employment with the business after July 1, 1995.
19 (b) "Month" means either a calendar month or the time
20 period from any day of any month to the corresponding day of
21 the next succeeding month or, if there is no corresponding day
22 in the next succeeding month, the last day of the succeeding
23 month.
24 (c) "New employee" means a person residing in an
25 enterprise zone, a qualified Job Training Partnership Act
26 classroom training participant, or a welfare-transition WAGES
27 program participant who begins employment with an eligible
28 business after July 1, 1995, and who has not been previously
29 employed within the preceding 12 months by the eligible
30 business, or a successor eligible business, claiming the
31 credit allowed by this section.
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1
2 A person shall be deemed to be employed if the person performs
3 duties in connection with the operations of the business on a
4 regular, full-time basis, provided the person is performing
5 such duties for an average of at least 36 hours per week each
6 month, or a part-time basis, provided the person is performing
7 such duties for an average of at least 20 hours per week each
8 month throughout the year. The person must be performing such
9 duties at a business site located in the enterprise zone.
10 (3) In order to claim this credit, an eligible
11 business must file under oath with the governing body or
12 enterprise zone development agency having jurisdiction over
13 the enterprise zone where the business is located, as
14 applicable, a statement which includes:
15 (a) For each new employee for whom this credit is
16 claimed, the employee's name and place of residence, including
17 the identifying number assigned pursuant to s. 290.0065 to the
18 enterprise zone in which the employee resides if the new
19 employee is a person residing in an enterprise zone, and, if
20 applicable, documentation that the employee is a qualified Job
21 Training Partnership Act classroom training participant or a
22 welfare-transition WAGES program participant.
23 (b) If applicable, the name and address of each
24 permanent employee of the business, including, for each
25 employee who is a resident of an enterprise zone, the
26 identifying number assigned pursuant to s. 290.0065 to the
27 enterprise zone in which the employee resides.
28 (c) The name and address of the eligible business.
29 (d) The starting salary or hourly wages paid to the
30 new employee.
31
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1 (e) The identifying number assigned pursuant to s.
2 290.0065 to the enterprise zone in which the business is
3 located.
4 (f) Whether the business is a small business as
5 defined by s. 288.703(1).
6 (g) Within 10 working days after receipt of an
7 application, the governing body or enterprise zone development
8 agency shall review the application to determine if it
9 contains all the information required pursuant to this
10 subsection and meets the criteria set out in this section. The
11 governing body or agency shall certify all applications that
12 contain the information required pursuant to this subsection
13 and meet the criteria set out in this section as eligible to
14 receive a credit. If applicable, the governing body or agency
15 shall also certify if 20 percent of the employees of the
16 business are residents of an enterprise zone, excluding
17 temporary and part-time employees. The certification shall be
18 in writing, and a copy of the certification shall be
19 transmitted to the executive director of the Department of
20 Revenue. The business shall be responsible for forwarding a
21 certified application to the department within the time
22 specified in paragraph (h).
23 (h) All applications for a credit pursuant to this
24 section must be submitted to the department within 4 months
25 after the new employee is hired.
26 Section 66. Subsection (5) of section 212.097, Florida
27 Statutes, is amended to read:
28 212.097 Urban High-Crime Area Job Tax Credit
29 Program.--
30 (5) For any new eligible business receiving a credit
31 pursuant to subsection (3), an additional $500 credit shall be
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1 provided for any qualified employee who is a
2 welfare-transition WAGES program participant pursuant to
3 chapter 414. For any existing eligible business receiving a
4 credit pursuant to subsection (4), an additional $500 credit
5 shall be provided for any qualified employee who is a
6 welfare-transition WAGES program participant pursuant to
7 chapter 414. Such employee must be employed on the application
8 date and have been employed less than 1 year. This credit
9 shall be in addition to other credits pursuant to this section
10 regardless of the tier-level of the high-crime area.
11 Appropriate documentation concerning the eligibility of an
12 employee for this credit must be submitted as determined by
13 the department.
14 Section 67. Subsection (5) of section 212.098, Florida
15 Statutes, is amended to read:
16 212.098 Rural Job Tax Credit Program.--
17 (5) For any new eligible business receiving a credit
18 pursuant to subsection (3), an additional $500 credit shall be
19 provided for any qualified employee who is a
20 welfare-transition WAGES program participant pursuant to
21 chapter 414. For any existing eligible business receiving a
22 credit pursuant to subsection (4), an additional $500 credit
23 shall be provided for any qualified employee who is a
24 welfare-transition WAGES program participant pursuant to
25 chapter 414. Such employee must be employed on the application
26 date and have been employed less than 1 year. This credit
27 shall be in addition to other credits pursuant to this section
28 regardless of the tier-level of the county. Appropriate
29 documentation concerning the eligibility of an employee for
30 this credit must be submitted as determined by the department.
31
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1 Section 68. Subsection (10) of section 216.136,
2 Florida Statutes, is amended to read:
3 216.136 Consensus estimating conferences; duties and
4 principals.--
5 (10) WORKFORCE ESTIMATING OCCUPATIONAL FORECASTING
6 CONFERENCE.--
7 (a) Duties.--
8 1. The Workforce Estimating Occupational Forecasting
9 Conference shall develop such official information on the
10 workforce development system planning process as it relates to
11 the personnel needs of current, new, and emerging industries
12 as the conference determines is needed by the state planning
13 and budgeting system. Such information must include at least:
14 short-term and long-term forecasts of employment demand for
15 high-skills/high-wage jobs by occupation and industry;
16 relative wage forecasts among those occupations; and estimates
17 of the supply of trained and qualified individuals available
18 for employment in those occupations.
19 2. The Workforce Estimating Conference shall review
20 data concerning the local and regional demands for short-term
21 and long-term employment in high-skills/high-wage jobs, as
22 well as other jobs, which data is generated through surveys
23 conducted as part of the state's Internet-based job-matching
24 and labor-market information system authorized under s.
25 445.011. The conference shall consider such data in developing
26 its forecasts for statewide employment demand, including
27 reviewing the local and regional data for common trends and
28 conditions among localities or regions which may warrant
29 inclusion of a particular occupation on the statewide
30 occupational forecasting list developed by the conference.
31 Based upon its review of such survey data, the conference
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1 shall also make recommendations semiannually to Workforce
2 Florida, Inc., on additions or deletions to lists of locally
3 targeted occupations approved by Workforce Florida, Inc.
4 (b) Principals.--The Commissioner of Education, the
5 president of Workforce Florida, Inc., the Executive Office of
6 the Governor, the director of the Office of Tourism, Trade,
7 and Economic Development, the Secretary of Labor, and the
8 coordinator of the Office of Economic and Demographic
9 Research, or their designees, are the principals of the
10 Workforce Estimating Occupational Forecasting Conference. The
11 Commissioner of Education, or the commissioner's designee,
12 shall preside over the sessions of the conference. In
13 fulfilling the responsibilities of the conference, the
14 principals shall seek the participation and advice of
15 nonprincipals who have expertise in workforce development,
16 economic development, and education matters at the state,
17 regional, and local levels, including, but not limited to, the
18 Executive Director of the State Board of Community Colleges;
19 the Chancellor of the State University System; a
20 representative of the Independent Colleges and Universities of
21 Florida, Inc.; a representative of the Florida Association of
22 Postsecondary Schools and Colleges; and the president of
23 Enterprise Florida, Inc., or their designees. The principals
24 shall convene at least two sessions of the conference each
25 fiscal year.
26 Section 69. Subsections (1) and (2) of section
27 220.181, Florida Statutes, are amended to read:
28 220.181 Enterprise zone jobs credit.--
29 (1)(a) Beginning July 1, 1995, there shall be allowed
30 a credit against the tax imposed by this chapter to any
31
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1 business located in an enterprise zone which employs one or
2 more new employees. The credit shall be computed as follows:
3 1. Ten percent of the actual monthly wages paid in
4 this state to each new employee whose wages do not exceed
5 $1,500 a month. If no less than 20 percent of the employees of
6 the business are residents of an enterprise zone, excluding
7 temporary and part-time employees, the credit shall be
8 computed as 15 percent of the actual monthly wages paid in
9 this state to each new employee, for a period of up to 12
10 consecutive months;
11 2. Five percent of the first $1,500 of actual monthly
12 wages paid in this state for each new employee whose wages
13 exceed $1,500 a month; or
14 3. Fifteen percent of the first $1,500 of actual
15 monthly wages paid in this state for each new employee who is
16 a welfare-transition WAGES program participant pursuant to
17 chapter 414.
18 (b) This credit applies only with respect to wages
19 subject to unemployment tax and does not apply for any new
20 employee who is employed for any period less than 3 full
21 months.
22 (c) If this credit is not fully used in any one year,
23 the unused amount may be carried forward for a period not to
24 exceed 5 years. The carryover credit may be used in a
25 subsequent year when the tax imposed by this chapter for such
26 year exceeds the credit for such year after applying the other
27 credits and unused credit carryovers in the order provided in
28 s. 220.02(10).
29 (2) When filing for an enterprise zone jobs credit, a
30 business must file under oath with the governing body or
31 enterprise zone development agency having jurisdiction over
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1 the enterprise zone where the business is located, as
2 applicable, a statement which includes:
3 (a) For each new employee for whom this credit is
4 claimed, the employee's name and place of residence during the
5 taxable year, including the identifying number assigned
6 pursuant to s. 290.0065 to the enterprise zone in which the
7 new employee resides if the new employee is a person residing
8 in an enterprise zone, and, if applicable, documentation that
9 the employee is a qualified Job Training Partnership Act
10 classroom training participant or a welfare-transition WAGES
11 program participant.
12 (b) If applicable, the name and address of each
13 permanent employee of the business, including, for each
14 employee who is a resident of an enterprise zone, the
15 identifying number assigned pursuant to s. 290.0065 to the
16 enterprise zone in which the employee resides.
17 (c) The name and address of the business.
18 (d) The identifying number assigned pursuant to s.
19 290.0065 to the enterprise zone in which the eligible business
20 is located.
21 (e) The salary or hourly wages paid to each new
22 employee claimed.
23 (f) Whether the business is a small business as
24 defined by s. 288.703(1).
25 Section 70. Subsection (2) and paragraph (k) of
26 subsection (3) of section 230.2305, Florida Statutes, are
27 amended to read:
28 230.2305 Prekindergarten early intervention program.--
29 (2) ELIGIBILITY.--There is hereby created the
30 prekindergarten early intervention program for children who
31 are 3 and 4 years of age. A prekindergarten early
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1 intervention program shall be administered by a district
2 school board and shall receive state funds pursuant to
3 subsection (6). Each public school district shall make
4 reasonable efforts to accommodate the needs of children for
5 extended day and extended year services without compromising
6 the quality of the 6-hour, 180-day program. The school
7 district shall report on such efforts. School district
8 participation in the prekindergarten early intervention
9 program shall be at the discretion of each school district.
10 (a) At least 75 percent of the children projected to
11 be served by the district program shall be economically
12 disadvantaged 4-year-old children of working parents,
13 including migrant children or children whose parents
14 participate in the welfare-transition WAGES program. Other
15 children projected to be served by the district program may
16 include any of the following up to a maximum of 25 percent of
17 the total number of children served:
18 1. Three-year-old and four-year-old children who are
19 referred to the school system who may not be economically
20 disadvantaged but who are abused, prenatally exposed to
21 alcohol or harmful drugs, or from foster homes, or who are
22 marginal in terms of Exceptional Student Education placement.
23 2. Three-year-old children and four-year-old children
24 who may not be economically disadvantaged but who are eligible
25 students with disabilities and served in an exceptional
26 student education program with required special services,
27 aids, or equipment and who are reported for partial funding in
28 the K-12 Florida Education Finance Program. These students
29 may be funded from prekindergarten early intervention program
30 funds the portion of the time not funded by the K-12 Florida
31 Education Finance Program for the actual instructional time or
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1 one full-time equivalent student membership, whichever is the
2 lesser. These students with disabilities shall be counted
3 toward the 25-percent student limit based on full-time
4 equivalent student membership funded part-time by
5 prekindergarten early intervention program funds. Also,
6 3-year-old or 4-year-old eligible students with disabilities
7 who are reported for funding in the K-12 Florida Education
8 Finance Program in an exceptional student education program as
9 provided in s. 236.081(1)(c) may be mainstreamed in the
10 prekindergarten early intervention program if such programming
11 is reflected in the student's individual educational plan; if
12 required special services, aids, or equipment are provided;
13 and if there is no operational cost to prekindergarten early
14 intervention program funds. Exceptional education students
15 who are reported for maximum K-12 Florida Education Finance
16 Program funding and who are not reported for early
17 intervention funding shall not count against the 75-percent or
18 25-percent student limit as stated in this paragraph.
19 3. Economically disadvantaged 3-year-old children.
20 4. Economically disadvantaged children, children with
21 disabilities, and children at risk of future school failure,
22 from birth to age four, who are served at home through home
23 visitor programs and intensive parent education programs such
24 as the Florida First Start Program.
25 5. Children who meet federal and state requirements
26 for eligibility for the migrant preschool program but who do
27 not meet the criteria of "economically disadvantaged" as
28 defined in paragraph (b), who shall not pay a fee.
29 6. After the groups listed in subparagraphs 1., 2.,
30 3., and 4. have been served, 3-year-old and 4-year-old
31
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1 children who are not economically disadvantaged and for whom a
2 fee is paid for the children's participation.
3 (b) An "economically disadvantaged" child shall be
4 defined as a child eligible to participate in the free lunch
5 program. Notwithstanding any change in a family's economic
6 status or in the federal eligibility requirements for free
7 lunch, a child who meets the eligibility requirements upon
8 initial registration for the program shall be considered
9 eligible until the child reaches kindergarten age. In order
10 to assist the school district in establishing the priority in
11 which children shall be served, and to increase the efficiency
12 in the provision of child care services in each district, the
13 district shall enter into a written collaborative agreement
14 with other publicly funded early education and child care
15 programs within the district. Such agreement shall be
16 facilitated by the interagency coordinating council and shall
17 set forth, among other provisions, the measures to be
18 undertaken to ensure the programs' achievement and compliance
19 with the performance standards established in subsection (3)
20 and for maximizing the public resources available to each
21 program. In addition, the central agency for state-subsidized
22 child care or the local service district of the Department of
23 Children and Family Services shall provide the school district
24 with an updated list of 3-year-old and 4-year-old children
25 residing in the school district who are on the waiting list
26 for state-subsidized child care.
27 (3) STANDARDS.--
28 (k) The school district must coordinate with the
29 central agency for state-subsidized child care or the local
30 service district of the Department of Children and Family
31 Services to verify family participation in the
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1 welfare-transition WAGES program, thus ensuring accurate
2 reporting and full utilization of federal funds available
3 through the Family Support Act, and for the agency's or
4 service district's sharing of the waiting list for
5 state-subsidized child care under paragraph (a).
6 Section 71. Subsections (4) and (5) of section 232.17,
7 Florida Statutes, are amended to read:
8 232.17 Enforcement of school attendance.--The
9 Legislature finds that poor academic performance is associated
10 with nonattendance and that schools must take an active role
11 in enforcing attendance as a means of improving the
12 performance of many students. It is the policy of the state
13 that the superintendent of each school district be responsible
14 for enforcing school attendance of all children and youth
15 subject to the compulsory school age in the school district.
16 The responsibility includes recommending to the school board
17 policies and procedures to ensure that schools respond in a
18 timely manner to every unexcused absence, or absence for which
19 the reason is unknown, of students enrolled in the schools.
20 School board policies must require each parent or guardian of
21 a student to justify each absence of the student, and that
22 justification will be evaluated based on adopted school board
23 policies that define excused and unexcused absences. The
24 policies must provide that schools track excused and unexcused
25 absences and contact the home in the case of an unexcused
26 absence from school, or an absence from school for which the
27 reason is unknown, to prevent the development of patterns of
28 nonattendance. The Legislature finds that early intervention
29 in school attendance matters is the most effective way of
30 producing good attendance habits that will lead to improved
31 student learning and achievement. Each public school shall
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1 implement the following steps to enforce regular school
2 attendance:
3 (4) REPORT TO THE DEPARTMENT OF LABOR AND EMPLOYMENT
4 SECURITY DIVISION OF JOBS AND BENEFITS.--A designated school
5 representative shall report to the Division of Jobs and
6 Benefits of the Department of Labor and Employment Security or
7 to any person acting in similar capacity who may be designated
8 by law to receive such notices, all violations of the Child
9 Labor Law that may come to his or her knowledge.
10 (5) RIGHT TO INSPECT.--A designated school
11 representative shall have the same right of access to, and
12 inspection of, establishments where minors may be employed or
13 detained as is given by law to the Department of Labor and
14 Employment Security Division of Jobs and Benefits only for the
15 purpose of ascertaining whether children of compulsory school
16 age are actually employed there and are actually working there
17 regularly. The designated school representative shall, if he
18 or she finds unsatisfactory working conditions or violations
19 of the Child Labor Law, report his or her findings to the
20 Department of Labor and Employment Security Division of Jobs
21 and Benefits or its agents.
22 Section 72. Paragraph (g) of subsection (1) of section
23 234.01, Florida Statutes, is amended to read:
24 234.01 Purpose; transportation; when provided.--
25 (1) School boards, after considering recommendations
26 of the superintendent:
27 (g) May provide transportation for welfare-transition
28 WAGES program participants as defined in s. 414.0252.
29 Section 73. Paragraph (b) of subsection (1) of section
30 234.211, Florida Statutes, is amended to read:
31 234.211 Use of school buses for public purposes.--
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1 (1)
2 (b) Each school district may enter into agreements
3 with regional workforce boards local WAGES coalitions for the
4 provision of transportation services to WAGES program
5 participants in the welfare-transition program as defined in
6 s. 414.0252. Agreements must provide for reimbursement in full
7 or in part for the proportionate share of fixed and operating
8 costs incurred by the school district attributable to the use
9 of buses in accordance with the agreement.
10 Section 74. Subsection (15) of section 239.105,
11 Florida Statutes, is amended to read:
12 239.105 Definitions.--As used in this chapter, the
13 term:
14 (15) "Degree vocational education program" means a
15 course of study that leads to an associate in applied science
16 degree or an associate in science degree. A degree vocational
17 education program may contain within it one or more
18 occupational completion points and may lead to certificates or
19 diplomas within the course of study. The term is
20 interchangeable with the term "degree career education
21 program." For licensure purposes, the term "associate in
22 science degree" is interchangeable with "associate in applied
23 science degree."
24 Section 75. Paragraph (c) of subsection (4) and
25 subsections (7) and (9) of section 239.115, Florida Statutes,
26 are amended to read:
27 239.115 Funds for operation of adult general education
28 and vocational education programs.--
29 (4) The Florida Workforce Development Education Fund
30 is created to provide performance-based funding for all
31 workforce development programs, whether the programs are
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1 offered by a school district or a community college. Funding
2 for all workforce development education programs must be from
3 the Workforce Development Education Fund and must be based on
4 cost categories, performance output measures, and performance
5 outcome measures. This subsection takes effect July 1, 1999.
6 (c) The performance outcome measures for programs
7 funded through the Workforce Development Education Fund are
8 associated with placement and retention of students after
9 reaching a completion point or completing a program of study.
10 These measures include placement or retention in employment
11 that is related to the program of study; placement into or
12 retention in employment in an occupation on the Workforce
13 Estimating Occupational Forecasting Conference list of
14 high-wage, high-skill occupations with sufficient openings;
15 and placement and retention of participants WAGES clients or
16 former participants in the welfare-transition program WAGES
17 clients in employment. Continuing postsecondary education at a
18 level that will further enhance employment is a performance
19 outcome for adult general education programs. Placement and
20 retention must be reported pursuant to ss. 229.8075 and
21 239.233.
22 (7)(a) Beginning in fiscal year 1999-2000, a school
23 district or a community college that provides workforce
24 development education funded through the Workforce Development
25 Education Fund shall receive funds in accordance with
26 distributions for base and performance funding established by
27 the Legislature in the General Appropriations Act, pursuant to
28 the following conditions:
29 1.(a) Base funding shall not exceed 85 percent of the
30 current fiscal year total Workforce Development Education Fund
31 allocation, which shall be distributed by the Legislature in
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1 the General Appropriations Act based on a maximum of 85
2 percent of the institution's prior year total allocation from
3 base and performance funds.
4 2.(b) Performance funding shall be at least 15 percent
5 of the current fiscal year total Workforce Development
6 Education Fund allocation, which shall be distributed by the
7 Legislature in the General Appropriations Act based on the
8 previous fiscal year's achievement of output and outcomes in
9 accordance with formulas adopted pursuant to subsection (9).
10 Performance funding must incorporate payments for at least
11 three levels of placements that reflect wages and workforce
12 demand. Payments for completions must not exceed 60 percent of
13 the payments for placement. For fiscal year 1999-2000, school
14 districts and community colleges shall be awarded funds
15 pursuant to this paragraph based on performance output data
16 generated for fiscal year 1998-1999 and performance outcome
17 data available in that year.
18 3.(c) If a local educational agency achieves a level
19 of performance sufficient to generate a full allocation as
20 authorized by the workforce development funding formula, the
21 agency may earn performance incentive funds as appropriated
22 for that purpose in a General Appropriations Act. If
23 performance incentive funds are funded and awarded, these
24 funds must be added to the local educational agency's prior
25 year total allocation from the Workforce Development Education
26 Fund and shall be used to calculate the following year's base
27 funding.
28 (b) A response fund is established to assist school
29 districts and community colleges in responding to the needs of
30 new and expanding businesses and thereby strengthening the
31 state's workforce and economy. The response fund shall be
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1 funded in the General Appropriations Act or it shall be
2 constituted by up to 5 percent of each community college's and
3 school district's annual total allocation from the Workforce
4 Development Education Fund. A school district or community
5 college may expend funds from the response fund without regard
6 to performance criteria set forth in subparagraph (a)2. The
7 district or community college shall use its response fund to
8 provide customized training for businesses which satisfies the
9 requirements of s. 288.047. Balances remaining in the response
10 fund at the end of the fiscal year shall not revert to the
11 general fund, but shall be carried over for 1 additional year
12 and used for the purpose of serving incumbent worker training
13 needs of area businesses with fewer than 100 employees.
14 Priority shall be given to businesses that must increase or
15 upgrade their use of technology to remain competitive.
16 (9) The Department of Education, the State Board of
17 Community Colleges, and Workforce Florida, Inc., the Jobs and
18 Education Partnership shall provide the Legislature with
19 recommended formulas, criteria, timeframes, and mechanisms for
20 distributing performance funds. The commissioner shall
21 consolidate the recommendations and develop a consensus
22 proposal for funding. The Legislature shall adopt a formula
23 and distribute the performance funds to the Division of
24 Community Colleges and the Division of Workforce Development
25 through the General Appropriations Act. These recommendations
26 shall be based on formulas that would discourage
27 low-performing or low-demand programs and encourage through
28 performance-funding awards:
29 (a) Programs that prepare people to enter high-wage
30 occupations identified by the Workforce Estimating
31 Occupational Forecasting Conference created by s. 216.136 and
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1 other programs as approved by the Jobs and Education
2 Partnership. At a minimum, performance incentives shall be
3 calculated for adults who reach completion points or complete
4 programs that lead to specified high-wage employment and to
5 their placement in that employment.
6 (b) Programs that successfully prepare adults who are
7 eligible for public assistance, economically disadvantaged,
8 disabled, not proficient in English, or dislocated workers for
9 high-wage occupations. At a minimum, performance incentives
10 shall be calculated at an enhanced value for the completion of
11 adults identified in this paragraph and job placement of such
12 adults upon completion. In addition, adjustments may be made
13 in payments for job placements for areas of high unemployment.
14 (c) Programs that are specifically designed to be
15 consistent with the workforce needs of private enterprise and
16 regional economic-development strategies, as defined in
17 guidelines set by Workforce Florida, Inc. Workforce Florida,
18 Inc., shall develop guidelines to identify such needs and
19 strategies based on localized research of private employers
20 and economic-development practitioners.
21 (d)(c) Programs identified by Workforce Florida, Inc.,
22 the Jobs and Education Partnership as increasing the
23 effectiveness and cost efficiency of education.
24 Section 76. Paragraph (d) of subsection (4) of section
25 239.117, Florida Statutes, is amended to read:
26 239.117 Workforce development postsecondary student
27 fees.--
28 (4) The following students are exempt from the payment
29 of registration, matriculation, and laboratory fees:
30 (d) A student enrolled in an employment and training
31 program under the welfare-transition WAGES program. The
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1 regional workforce board local WAGES coalition shall pay the
2 community college or school district for costs incurred for
3 welfare-transition program participants WAGES clients.
4 Section 77. Paragraph (c) of subsection (2) of section
5 239.229, Florida Statutes, is amended to read:
6 239.229 Vocational standards.--
7 (2)
8 (c) Department of Education accountability for career
9 education includes, but is not limited to:
10 1. The provision of timely, accurate technical
11 assistance to school districts and community colleges.
12 2. The provision of timely, accurate information to
13 the State Board for Career Education, the Legislature, and the
14 public.
15 3. The development of policies, rules, and procedures
16 that facilitate institutional attainment of the accountability
17 standards and coordinate the efforts of all divisions within
18 the department.
19 4. The development of program standards and
20 industry-driven benchmarks for vocational, adult, and
21 community education programs, which must be updated every 3
22 years. The standards must include technical, academic, and
23 workplace skills; viability of distance learning for
24 instruction; and work/learn cycles that are responsive to
25 business and industry.
26 5. Overseeing school district and community college
27 compliance with the provisions of this chapter.
28 6. Ensuring that the educational outcomes for the
29 technical component of workforce development programs and
30 secondary vocational job-preparatory programs are uniform and
31 designed to provide a graduate of high quality who is capable
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1 of entering the workforce on an equally competitive basis
2 regardless of the institution of choice.
3 Section 78. Paragraph (a) of subsection (3) and
4 paragraph (e) of subsection (4) of section 239.301, Florida
5 Statutes, are amended to read:
6 239.301 Adult general education.--
7 (3)(a) Each school board or community college board of
8 trustees shall negotiate with the regional workforce board
9 local personnel of the Department of Children and Family
10 Services for basic and functional literacy skills assessments
11 for participants in the welfare-transition employment and
12 training programs under the WAGES Program. Such assessments
13 shall be conducted at a site mutually acceptable to the school
14 board or community college board of trustees and the regional
15 workforce board Department of Children and Family Services.
16 (4)
17 (e) A district school board or a community college
18 board of trustees may negotiate a contract with the regional
19 workforce board local WAGES coalition for specialized services
20 for participants in the welfare-transition program WAGES
21 clients, beyond what is routinely provided for the general
22 public, to be funded by the regional workforce board WAGES
23 coalition pursuant to s. 414.065.
24 Section 79. Subsection (3) of section 239.514, Florida
25 Statutes, is amended to read:
26 239.514 Workforce Development Capitalization Incentive
27 Grant Program.--The Legislature recognizes that the need for
28 school districts and community colleges to be able to respond
29 to emerging local or statewide economic development needs is
30 critical to the workforce development system. The Workforce
31 Development Capitalization Incentive Grant Program is created
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1 to provide grants to school districts and community colleges
2 on a competitive basis to fund some or all of the costs
3 associated with the creation or expansion of workforce
4 development programs that serve specific employment workforce
5 needs.
6 (3) The commission shall give highest priority to
7 programs that train people to enter high-skill, high-wage
8 occupations identified by the Workforce Estimating
9 occupational forecasting Conference and other programs
10 approved by the Jobs and Education Partnership; programs that
11 train people to enter occupations under the welfare-transition
12 program on the WAGES list; or programs that train for the
13 workforce adults who are eligible for public assistance,
14 economically disadvantaged, disabled, not proficient in
15 English, or dislocated workers. The commission shall consider
16 the statewide geographic dispersion of grant funds in ranking
17 the applications and shall give priority to applications from
18 education agencies that are making maximum use of their
19 workforce development funding by offering high-performing,
20 high-demand programs.
21 Section 80. Paragraph (b) of subsection (5) of section
22 240.209, Florida Statutes, is amended to read:
23 240.209 Board of Regents; powers and duties.--
24 (5) The Board of Regents is responsible for:
25 (b) Coordinating with the Postsecondary Education
26 Planning Commission the programs, including doctoral programs,
27 to be reviewed every 5 years or whenever the board determines
28 that the effectiveness or efficiency of a program is
29 jeopardized. The board shall define the indicators of quality
30 and the criteria for program review for every program. Such
31 indicators shall include need, student demand, industry-driven
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1 competencies for advanced technology and related programs, and
2 resources available to support continuation. The results of
3 the program reviews shall be tied to the university budget
4 requests.
5 Section 81. Section 240.312, Florida Statutes, is
6 amended to read:
7 240.312 Community colleges; program review.--Program
8 reviews for the community college system shall be coordinated
9 with the Postsecondary Education Planning Commission every
10 year. Every major program shall be reviewed every 5 years or
11 whenever the effectiveness or efficiency of a program is
12 jeopardized, except that certificate career education programs
13 and programs leading to an associate in science degree shall
14 be reviewed every 3 years. Indicators of quality and criteria
15 for the program reviews shall be defined. The results of
16 these program reviews shall be tied to the budget request for
17 the community college system.
18 Section 82. Subsection (3) of section 240.35, Florida
19 Statutes, is amended to read:
20 240.35 Student fees.--Unless otherwise provided, the
21 provisions of this section apply only to fees charged for
22 college credit instruction leading to an associate in arts
23 degree, an associate in applied science degree, or an
24 associate in science degree and noncollege credit
25 college-preparatory courses defined in s. 239.105.
26 (3) Students enrolled in dual enrollment and early
27 admission programs under s. 240.116 and students enrolled in
28 employment and training programs under the welfare-transition
29 WAGES program are exempt from the payment of registration,
30 matriculation, and laboratory fees; however, such students may
31 not be included within calculations of fee-waived enrollments.
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1 The regional workforce board local WAGES coalition shall pay
2 the community college for costs incurred by that WAGES
3 participant related to that person's classes or program. Other
4 fee-exempt instruction provided under this subsection
5 generates an additional one-fourth full-time equivalent
6 enrollment.
7 Section 83. Paragraph (a) of subsection (1) of section
8 240.40207, Florida Statutes, is amended to read:
9 240.40207 Florida Gold Seal Vocational Scholars
10 award.--The Florida Gold Seal Vocational Scholars award is
11 created within the Florida Bright Futures Scholarship Program
12 to recognize and reward academic achievement and vocational
13 preparation by high school students who wish to continue their
14 education.
15 (1) A student is eligible for a Florida Gold Seal
16 Vocational Scholars award if the student meets the general
17 eligibility requirements for the Florida Bright Futures
18 Scholarship Program and the student:
19 (a) Completes the secondary school portion of a
20 sequential program of studies that requires at least three
21 secondary school vocational credits taken over at least 2
22 academic years, and is continued in a planned, related
23 postsecondary education program. If the student's school does
24 not offer such a two-plus-two or tech-prep program, the
25 student must complete a job-preparatory career education
26 program selected by the Workforce Estimating Occupational
27 Forecasting Conference or the Workforce Florida, Inc.,
28 Development Board of Enterprise Florida for its ability to
29 provide high-wage employment in an occupation with high
30 potential for employment opportunities. On-the-job training
31
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1 may not be substituted for any of the three required
2 vocational credits.
3 Section 84. Section 240.40685, Florida Statutes, is
4 amended to read:
5 240.40685 Certified Education Paraprofessional Welfare
6 Transition Program.--
7 (1) There is created the Certified Education
8 Paraprofessional Welfare Transition Program to provide
9 education and employment for recipients of public assistance
10 who are certified to work in schools that, because of the high
11 proportion of economically disadvantaged children enrolled,
12 are at risk of poor performance on traditional measures of
13 achievement. The program is designed to enable such schools
14 to increase the number of adults working with the school
15 children. However, the increase in personnel working at
16 certain schools is intended to supplement and not to supplant
17 the school staff and should not affect current school board
18 employment and staffing policies, including those contained in
19 collective bargaining agreements. The program is intended to
20 be supported by local, state, and federal program funds for
21 which the participants may be eligible. Further, the program
22 is designed to provide its participants not only with
23 entry-level employment but also with a marketable credential,
24 a career option, and encouragement to advance.
25 (2) The Commissioner of Education, the Executive
26 Director of the State Board of Community Colleges, the
27 secretary of the Department of Children and Family Services,
28 and the Secretary of Labor and Employment Security have joint
29 responsibility for planning and conducting the program.
30 (3) The agencies responsible may make recommendations
31 to the State Board of Education and the Legislature if they
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1 find that implementation or operation of the program would
2 benefit from the adoption or waiver of state or federal
3 policy, rule, or law, including recommendations regarding
4 program budgeting.
5 (4) The agencies shall complete an implementation plan
6 that addresses at least the following recommended components
7 of the program:
8 (a) A method of selecting participants. The method
9 must not duplicate services provided by those assigned to
10 screen participants of the welfare-transition WAGES program,
11 but must assure that screening personnel are trained to
12 identify recipients of public assistance whose personal
13 aptitudes and motivation make them most likely to succeed in
14 the program and advance in a career related to the school
15 community.
16 (b) A budget for use of incentive funding to provide
17 motivation to participants to succeed and excel. The budget
18 for incentive funding includes:
19 1. Funds allocated by the Legislature directly for the
20 program.
21 2. Funds that may be made available from the federal
22 Job Training Partnership Act based on client eligibility or
23 requested waivers to make the clients eligible.
24 3. Funds made available by implementation strategies
25 that would make maximum use of work supplementation funds
26 authorized by federal law.
27 4. Funds authorized by strategies to lengthen
28 participants' eligibility for federal programs such as
29 Medicaid, subsidized child care, and transportation.
30
31
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1 Incentives may include a stipend during periods of college
2 classroom training, a bonus and recognition for a high
3 grade-point average, child care and prekindergarten services
4 for children of participants, and services to increase a
5 participant's ability to advance to higher levels of
6 employment. Nonfinancial incentives should include providing a
7 mentor or tutor, and service incentives should continue and
8 increase for any participant who plans to complete the
9 baccalaureate degree and become a certified teacher. Services
10 may be provided in accordance with family choice by community
11 colleges and school district technical centers, through family
12 service centers and full-service schools, or under contract
13 with providers through central agencies.
14 (5) The agencies shall select Department of Children
15 and Family Services districts to participate in the program. A
16 district that wishes to participate must demonstrate that a
17 district school board, a community college board of trustees,
18 an economic services program administrator, and a regional
19 workforce board private industry council are willing to
20 coordinate to provide the educational program, support
21 services, employment opportunities, and incentives required to
22 fulfill the intent of this section.
23 (6)(a) A community college or school district
24 technical center is eligible to participate if it provides a
25 technical certificate program in Child Development Early
26 Intervention as approved by Workforce Florida, Inc., the Jobs
27 and Education Partnership and it is participating in the
28 Performance Based Incentive Funding program authorized in s.
29 239.249. Priority programs provide an option and incentives
30 to articulate with an associate in science degree program or a
31 baccalaureate degree program.
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1 (b) A participating educational agency may earn funds
2 appropriated for performance-based incentive funding for
3 successful outcomes of enrollment and placement of recipients
4 of public assistance who are in the program. In addition, an
5 educational agency is eligible for an incentive award
6 determined by Workforce Florida, Inc., the Jobs and Education
7 Partnership for each recipient of public assistance who
8 successfully completes a program leading to the award of a
9 General Education Development credential.
10 (c) Historically black colleges or universities that
11 have established programs that serve participants in the
12 welfare-transition of the WAGES program are eligible to
13 participate in the Performance Based Incentive Funding Program
14 and may earn an incentive award determined by Workforce
15 Florida, Inc., the Jobs and Education Partnership for
16 successful placement of program completers in jobs as
17 education paraprofessionals in at-risk schools.
18 (7)(a) A participating school district shall identify
19 at-risk schools in which the program participants will work
20 during the practicum part of their education. For purposes of
21 this act, an at-risk school is a school with grades K-3 in
22 which 50 percent or more of the students enrolled at the
23 school are eligible for free lunches or reduced-price lunches.
24 Priority schools are schools whose service zones include the
25 participants' own communities.
26 (b) A participating school district may use funds
27 appropriated by the Legislature from Job Training Partnership
28 Act service delivery area allotments to provide at least 6
29 months of on-the-job training to participants in the Certified
30 Education Paraprofessional Welfare Transition Program.
31 Participating school districts may also use funds provided by
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1 grant diversion of funds from the welfare-transition WAGES
2 program for the participants during the practicum portion of
3 their training to earn the certificate required for their
4 employment.
5 (8) The agencies shall give priority for funding to
6 those programs that provide maximum security for the
7 long-range employment and career opportunities of the program
8 participants. Security is enhanced if employment is provided
9 through a governmental or nongovernmental agency other than
10 the school board, or if the plans assure in another way that
11 the participants will supplement, rather than supplant, the
12 workforce available to the school board. It is the intent of
13 the Legislature that, when a program participant succeeds in
14 becoming a certified education paraprofessional after working
15 successfully in a school during the practicum or on-the-job
16 training supported by the program, the participant shall have
17 the opportunity to continue in full-time employment at the
18 school that provided the training or at another school in the
19 district.
20 Section 85. Subsection (2) of section 240.61, Florida
21 Statutes, is amended to read:
22 240.61 College reach-out program.--
23 (2) In developing the definition for "low-income
24 educationally disadvantaged student," the State Board of
25 Education shall include such factors as: the family's taxable
26 income; family receipt of temporary cash assistance under the
27 WAGES Program in the preceding year; family receipt of public
28 assistance in the preceding year; the student's cumulative
29 grade point average; the student's promotion and attendance
30 patterns; the student's performance on state standardized
31 tests; the student's enrollment in mathematics and science
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1 courses; and the student's participation in a dropout
2 prevention program.
3 Section 86. Section 246.50, Florida Statutes, is
4 amended to read:
5 246.50 Certified Teacher-Aide Welfare Transition
6 Program; participation by independent postsecondary
7 schools.--An independent postsecondary school may participate
8 in the Certified Teacher-Aide Welfare Transition Program and
9 may receive incentives for successful performance from the
10 Performance Based Incentive Funding Program if:
11 (1) The school is accredited by the Southern
12 Association of Colleges and Schools and licensed by the State
13 Board of Nonpublic Career Education;
14 (2) The school serves recipients of temporary cash
15 assistance under the WAGES Program in a certified teacher-aide
16 program;
17 (3) A participating school district recommends the
18 school to Workforce Florida, Inc. the Jobs and Education
19 Partnership; and
20 (4) Workforce Florida, Inc., The Jobs and Education
21 Partnership approves.
22 Section 87. Section 288.046, Florida Statutes, is
23 amended to read:
24 288.046 Quick-response training; legislative
25 intent.--The Legislature recognizes the importance of
26 providing a skilled workforce for attracting new industries
27 and retaining and expanding existing businesses and industries
28 in this state. It is the intent of the Legislature that a
29 program exist to meet the short-term, immediate,
30 workforce-skill needs of such businesses and industries. It
31 is further the intent of the Legislature that funds provided
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1 for the purposes of s. 288.047 be expended on businesses and
2 industries that support the state's economic development
3 goals, particularly high value-added businesses in Florida's
4 Targeted Industrial Clusters or businesses that locate in and
5 provide jobs in the state's distressed urban and rural areas,
6 and that instruction funded pursuant to s. 288.047 lead to
7 permanent, quality employment opportunities.
8 Section 88. Section 288.047, Florida Statutes, is
9 amended to read:
10 288.047 Quick-response training for economic
11 development.--
12 (1) The Quick-Response Training Program is created to
13 meet the workforce-skill needs of existing, new, and expanding
14 industries. The program shall be administered by Workforce
15 Enterprise Florida, Inc., in conjunction with Enterprise
16 Florida, Inc., and the Department of Education. Workforce
17 Enterprise Florida, Inc., shall adopt guidelines for the
18 administration of this program. Workforce Enterprise Florida,
19 Inc., shall provide technical services and shall identify
20 businesses that seek services through the program. The
21 Department of Education shall provide services related to the
22 development and implementation of instructional programs.
23 (2)(a) A Quick-Response Advisory Committee, composed
24 of the director of the Division of Workforce Development of
25 the Department of Education; the director of the Division of
26 Community Colleges of the Department of Education; and the
27 director of the Division of Jobs and Benefits of the
28 Department of Labor and Employment Security, or their
29 respective designees, and four private sector members, shall
30 review training funded through this program and shall provide
31 policy advice to Enterprise Florida, Inc., in the
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1 implementation of this program. The committee shall elect a
2 chair from among its members. Members of the committee may
3 receive reimbursement for per diem and travel expenses as
4 provided in s. 112.061.
5 (b) The four private sector members appointed to the
6 Quick-Response Advisory Committee must be selected from a
7 slate of nominees submitted by the board of directors of
8 Enterprise Florida, Inc. The president of Enterprise Florida,
9 Inc., shall appoint private sector members from this slate for
10 terms of 4 years, except that in making the initial
11 appointments, the president shall appoint members for
12 staggered terms, one for 1 year, 2 years, 3 years, and 4
13 years, respectively. To the maximum extent possible, the
14 president shall select private sector members who are
15 representative of diverse industries and regions of the state.
16 The importance of minority representation must be considered
17 when making appointments for each private sector position.
18 Private sector members may be removed for cause. Absence from
19 three consecutive meetings results in the automatic removal of
20 a private sector member.
21 (c) The Quick-Response Advisory Committee shall meet
22 at the call of its chair, at the request of a majority of the
23 membership, at the request of Enterprise Florida, Inc., or at
24 times prescribed by its rules. The committee shall serve to
25 advise Enterprise Florida, Inc., regarding the administration
26 of the Quick-Response Training Program.
27 (2)(3) Workforce Enterprise Florida, Inc., shall
28 ensure that instruction funded pursuant to this section is not
29 available through the local community college or, school
30 district, or private industry council and that the instruction
31 promotes economic development by providing specialized
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1 training entry-level skills to new workers or retraining for
2 supplemental skills to current employees to meet changing
3 skill requirements caused by new technology or new product
4 lines and to prevent potential layoffs whose job descriptions
5 are changing. Such funds may not be expended to subsidize the
6 ongoing staff development program of any business or industry
7 or to provide training for instruction related to retail
8 businesses or to reimburse businesses for trainee wages. Funds
9 made available pursuant to this section may not be expended in
10 connection with the relocation of a business from one
11 community to another community in this state unless Workforce
12 Enterprise Florida, Inc., determines that without such
13 relocation the business will move outside this state or
14 determines that the business has a compelling economic
15 rationale for the relocation which creates additional jobs.
16 (3)(4) Requests for funding through the Quick-Response
17 Training Program may be produced through inquiries from a
18 specific business or industry, inquiries from a school
19 district director of career education or community college
20 occupational dean on behalf of a business or industry, or
21 through official state or local economic development efforts.
22 In allocating funds for the purposes of the program, Workforce
23 Enterprise Florida, Inc., shall establish criteria for
24 approval of requests for funding and shall select the entity
25 that provides the most efficient, cost-effective instruction
26 meeting such criteria. Program funds may be allocated to any
27 area technical center, community college, or state university.
28 Program funds may be allocated to private postsecondary
29 institutions only upon a review that includes, but is not
30 limited to, accreditation and licensure documentation and
31 prior approval by Workforce Florida, Inc. a majority of the
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1 advisory committee. Instruction funded through the program
2 must terminate when participants demonstrate competence at the
3 level specified in the request; however, the grant term
4 instruction may not exceed 24 18 months. Costs and
5 expenditures for the Quick-Response Training Program must be
6 documented and separated from those incurred by the training
7 provider.
8 (4)(5) For the first 6 months of each fiscal year,
9 Workforce Enterprise Florida, Inc., shall set aside 30 percent
10 of the amount appropriated for the Quick-Response Training
11 Program by the Legislature to fund instructional programs for
12 businesses located in an enterprise zone or brownfield area to
13 instruct residents of an enterprise zone. Any unencumbered
14 funds remaining undisbursed from this set-aside at the end of
15 the 6-month period may be used to provide funding for any
16 program qualifying for funding pursuant to this section.
17 (5)(6) Prior to the allocation of funds for any
18 request pursuant to this section, Workforce Enterprise
19 Florida, Inc., shall prepare a grant agreement between the
20 business or industry requesting funds, the educational
21 institution receiving funding through the program, and
22 Workforce Enterprise Florida, Inc. Such agreement must
23 include, but is not limited to:
24 (a) An identification of the facility in which the
25 instruction will be conducted and the respective
26 responsibilities of the parties for paying costs associated
27 with facility use.
28 (b) An identification of the equipment necessary to
29 conduct the program, the respective responsibilities of the
30 parties for paying costs associated with equipment purchase,
31
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1 maintenance, and repair, as well as an identification of which
2 party owns the equipment upon completion of the instruction.
3 (a)(c) An identification of the personnel necessary to
4 conduct the instructional program, the qualifications of such
5 personnel, and the respective responsibilities of the parties
6 for paying costs associated with the employment of such
7 personnel.
8 (b)(d) An identification of the estimated length of
9 the instructional program. Such program may not exceed 12
10 months of full-time instruction or 18 months of total
11 instruction.
12 (c) An identification of all direct, training-related
13 costs, including tuition and fees, curriculum development,
14 books and classroom materials, and overhead or indirect costs,
15 not to exceed 5 percent of the grant amount.
16 (d)(e) An identification of special program
17 requirements that are not addressed otherwise in the
18 agreement.
19 (e)(f) Permission to access information specific to
20 the wages and performance of participants upon the completion
21 of instruction for evaluation purposes. Information which, if
22 released, would disclose the identity of the person to whom
23 the information pertains or disclose the identity of the
24 person's employer is confidential and exempt from the
25 provisions of s. 119.07(1). The agreement must specify that
26 any evaluations published subsequent to the instruction may
27 not identify the employer or any individual participant.
28 (6)(7) For the purposes of this section, Workforce
29 Enterprise Florida, Inc., may accept grants of money,
30 materials, services, or property of any kind from any agency,
31 corporation, or individual.
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1 (8) Enterprise Florida, Inc., may procure equipment as
2 necessary to meet the purposes of this section. Title to and
3 control of such equipment is vested in the Department of
4 Education. Upon the conclusion of instruction, the Department
5 of Education may transfer title to the district school board,
6 community college district board of trustees, or Board of
7 Regents on behalf of a specific state university, where the
8 equipment is physically located. The department may also
9 lease such equipment to the district school board, community
10 college district board of trustees, or Board of Regents for a
11 maximum of 1 year. Such lease may provide for automatic
12 renewal. Either party to a lease has the right to cancel the
13 lease upon a 60-day notice in writing. Any equipment for which
14 no title transfer or lease exists must be returned to a
15 warehouse reserve and be available for use by an instructional
16 program in any area of the state.
17 (7)(9) In providing instruction pursuant to this
18 section, materials that relate to methods of manufacture or
19 production, potential trade secrets, business transactions, or
20 proprietary information received, produced, ascertained, or
21 discovered by employees of the respective departments,
22 district school boards, community college district boards of
23 trustees, or other personnel employed for the purposes of this
24 section is confidential and exempt from the provisions of s.
25 119.07(1). The state may seek copyright protection for all
26 instructional materials and ancillary written documents
27 developed wholly or partially with state funds as a result of
28 instruction provided pursuant to this section, except for
29 materials that are confidential and exempt from the provisions
30 of s. 119.07(1).
31
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1 (8)(10) There is created a Quick-Response Training
2 Program for Work and Gain Economic Self-sufficiency (WAGES)
3 participants in the welfare-transition program. Workforce
4 Enterprise Florida, Inc., may, at the discretion of the State
5 WAGES Emergency Response Team, award quick-response training
6 grants and develop applicable guidelines for the training of
7 participants in the welfare-transition WAGES program. In
8 addition to a local economic development organization, grants
9 must be endorsed by the applicable local WAGES coalition and
10 regional workforce development board.
11 (a) Training funded pursuant to this subsection may
12 not exceed 12 months, and may be provided by the local
13 community college, school district, regional workforce
14 development board, or the business employing the participant,
15 including on-the-job training. Training will provide
16 entry-level skills to new workers, including those employed in
17 retail, who are participants in the welfare-transition WAGES
18 program.
19 (b) WAGES Participants trained pursuant to this
20 subsection must be employed at a wage not less than $6 $6.00
21 per hour.
22 (c) Funds made available pursuant to this subsection
23 may be expended in connection with the relocation of a
24 business from one community to another community if approved
25 by Workforce Florida, Inc. the State WAGES Emergency Response
26 Team.
27 (9) Notwithstanding any other provision of law,
28 eligible matching contributions received under the
29 Quick-Response Training Program under this section may be
30 counted toward the private-sector support of Enterprise
31 Florida, Inc., under s. 288.90151(5)(d).
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1 (10) Workforce Florida, Inc., and Enterprise Florida,
2 Inc., shall ensure maximum coordination and cooperation in
3 administering this section, in such a manner that any division
4 of responsibility between the two organizations which relates
5 to marketing or administering the Quick-Response Training
6 Program is not apparent to a business that inquires about or
7 applies for funding under this section. The organizations
8 shall provide such a business with a single point of contact
9 for information and assistance.
10 Section 89. Subsection (7) of section 288.0656,
11 Florida Statutes, is amended to read:
12 288.0656 Rural Economic Development Initiative.--
13 (7) REDI may recommend to the Governor up to three
14 rural areas of critical economic concern. A rural area of
15 critical economic concern must be a rural community, or a
16 region composed of such, that has been adversely affected by
17 an extraordinary economic event or a natural disaster or that
18 presents a unique economic development opportunity of regional
19 impact that will create more than 1,000 jobs over a 5-year
20 period. The Governor may by executive order designate up to
21 three rural areas of critical economic concern which will
22 establish these areas as priority assignments for REDI as well
23 as to allow the Governor, acting through REDI, to waive
24 criteria, requirements, or similar provisions of any economic
25 development incentive. Such incentives shall include, but not
26 be limited to: the Qualified Target Industry Tax Refund
27 Program under s. 288.106, the Quick Response Training Program
28 under s. 288.047, the WAGES Quick Response Training Program
29 for participants in the welfare-transition program under s.
30 288.047(8) s. 288.047(10), transportation projects under s.
31 288.063, the brownfield redevelopment bonus refund under s.
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1 288.107, and the rural job tax credit program under ss.
2 212.098 and 220.1895. Designation as a rural area of critical
3 economic concern under this subsection shall be contingent
4 upon the execution of a memorandum of agreement among the
5 Office of Tourism, Trade, and Economic Development; the
6 governing body of the county; and the governing bodies of any
7 municipalities to be included within a rural area of critical
8 economic concern. Such agreement shall specify the terms and
9 conditions of the designation, including, but not limited to,
10 the duties and responsibilities of the county and any
11 participating municipalities to take actions designed to
12 facilitate the retention and expansion of existing businesses
13 in the area, as well as the recruitment of new businesses to
14 the area.
15 Section 90. Paragraph (f) of subsection (3) of section
16 288.901, Florida Statutes, is amended to read:
17 288.901 Enterprise Florida, Inc.; creation;
18 membership; organization; meetings; disclosure.--
19 (3) Enterprise Florida, Inc., shall be governed by a
20 board of directors. The board of directors shall consist of
21 the following members:
22 (f) The chairperson of the board of directors of the
23 Workforce Florida, Inc. Development Board.
24 Section 91. Paragraph (i) of subsection (1) of section
25 288.904, Florida Statutes, is amended to read:
26 288.904 Powers of the board of directors of Enterprise
27 Florida, Inc.--
28 (1) The board of directors of Enterprise Florida,
29 Inc., shall have the power to:
30 (i) Use the state seal, notwithstanding the provisions
31 of s. 15.03, when appropriate, to establish that Enterprise
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1 Florida, Inc., is the principal economic, workforce, and trade
2 development organization for the state, and for other standard
3 corporate identity applications. Use of the state seal is not
4 to replace use of a corporate seal as provided in this
5 section.
6 Section 92. Subsections (1) and (3) of section
7 288.905, Florida Statutes, are amended to read:
8 288.905 Duties of the board of directors of Enterprise
9 Florida, Inc.--
10 (1) In the performance of its functions and duties,
11 the board of directors may establish, implement, and manage
12 policies, strategies, and programs for Enterprise Florida,
13 Inc., and its boards. These policies, strategies, and programs
14 shall promote business formation, expansion, recruitment, and
15 retention through aggressive marketing and; international
16 development and export assistance; and workforce development,
17 which together lead to more and better jobs with higher wages
18 for all geographic regions and communities of the state,
19 including rural areas and urban core areas, and for all
20 residents, including minorities. In developing such policies,
21 strategies, and programs, the board of directors shall solicit
22 advice from and consider the recommendations of its boards,
23 any advisory committees or similar groups created by
24 Enterprise Florida, Inc., and local and regional partners.
25 (3)(a) The strategic plan required under this section
26 shall include, but is not limited to, strategies for the
27 promotion of business formation, expansion, recruitment, and
28 retention through aggressive marketing, international
29 development, and export assistance, and workforce development
30 programs which lead to more and better jobs and higher wages
31 for all geographic regions and disadvantaged communities and
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1 populations of the state, including rural areas, minority
2 businesses, and urban core areas. Further, the strategic plan
3 shall give consideration to the economic diversity of the
4 state and its regions and their associated industrial clusters
5 and develop realistic policies and programs to further their
6 development.
7 (b)1. The strategic plan required under this section
8 shall include specific provisions for the stimulation of
9 economic development and job creation in rural areas and
10 midsize cities and counties of the state.
11 2. Enterprise Florida, Inc., shall involve local
12 governments, local and regional economic development
13 organizations, and other local, state, and federal economic,
14 international, and workforce development entities, both public
15 and private, in developing and carrying out policies,
16 strategies, and programs, seeking to partner and collaborate
17 to produce enhanced public benefit at a lesser cost.
18 3. Enterprise Florida, Inc., shall involve rural,
19 urban, small-business, and minority-business development
20 agencies and organizations, both public and private, in
21 developing and carrying out policies, strategies, and
22 programs.
23 (c) The strategic plan required under this section
24 shall include the creation of workforce training programs that
25 lead to better employment opportunities and higher wages.
26 (c)(d) The strategic plan required under this section
27 shall include the promotion of the successful long-term
28 economic development of the state with increased emphasis in
29 market research and information to local economic development
30 entities and generation of foreign investment in the state
31 that creates jobs with above-average wages,
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1 internationalization of this state, with strong emphasis in
2 reverse investment that creates high wage jobs for the state
3 and its many regions, including programs that establish viable
4 overseas markets, generate foreign investment, assist in
5 meeting the financing requirements of export-ready firms,
6 broaden opportunities for international joint venture
7 relationships, use the resources of academic and other
8 institutions, coordinate trade assistance and facilitation
9 services, and facilitate availability of and access to
10 education and training programs which will assure requisite
11 skills and competencies necessary to compete successfully in
12 the global marketplace.
13 (d)(e) The strategic plan required under this section
14 shall include the identification of business sectors that are
15 of current or future importance to the state's economy and to
16 the state's worldwide business image, and development of
17 specific strategies to promote the development of such
18 sectors.
19 Section 93. Paragraph (f) of subsection (1) of section
20 288.906, Florida Statutes, is amended to read:
21 288.906 Annual report of Enterprise Florida, Inc.;
22 audits; confidentiality.--
23 (1) Prior to December 1 of each year, Enterprise
24 Florida, Inc., shall submit to the Governor, the President of
25 the Senate, the Speaker of the House of Representatives, the
26 Senate Minority Leader, and the House Minority Leader a
27 complete and detailed report including, but not limited to:
28 (f) An assessment of employee training and job
29 creation that directly benefits participants in the
30 welfare-transition WAGES program.
31
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1 The detailed report required by this subsection shall also
2 include the information identified in paragraphs (a)-(g), if
3 applicable, for any board established within the corporate
4 structure of Enterprise Florida, Inc.
5 Section 94. Subsection (4) of section 320.20, Florida
6 Statutes, is amended to read:
7 320.20 Disposition of license tax moneys.--The revenue
8 derived from the registration of motor vehicles, including any
9 delinquent fees and excluding those revenues collected and
10 distributed under the provisions of s. 320.081, must be
11 distributed monthly, as collected, as follows:
12 (4) Notwithstanding any other provision of law except
13 subsections (1), (2), and (3), on July 1, 1999, and annually
14 thereafter, $10 million shall be deposited in the State
15 Transportation Trust Fund solely for the purposes of funding
16 the Florida Seaport Transportation and Economic Development
17 Program as provided in chapter 311 and for funding seaport
18 intermodal access projects of statewide significance as
19 provided in s. 341.053. Such revenues shall be distributed to
20 any port listed in s. 311.09(1), to be used for funding
21 projects as follows:
22 (a) For any seaport intermodal access projects that
23 are identified in the 1997-1998 Tentative Work Program of the
24 Department of Transportation, up to the amounts needed to
25 offset the funding requirements of this section; and
26 (b) For seaport intermodal access projects as
27 described in s. 341.053(5) that are identified in the 5-year
28 Florida Seaport Mission Plan as provided in s. 311.09(3).
29 Funding for such projects shall be on a matching basis as
30 mutually determined by the Florida Seaport Transportation and
31 Economic Development Council and the Department of
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1 Transportation, provided a minimum of 25 percent of total
2 project funds shall come from any port funds, local funds,
3 private funds, or specifically earmarked federal funds; or
4 (c) On a 50-50 matching basis for projects as
5 described in s. 311.07(3)(b); or.
6 (d) For seaport intermodal access projects that
7 involve the dredging or deepening of channels, turning basins,
8 or harbors; or the rehabilitation of wharves, docks, or
9 similar structures. Funding for such projects shall require a
10 25 percent match of the funds received pursuant to this
11 subsection. Matching funds shall come from any port funds,
12 federal funds, local funds, or private funds.
13
14 Such revenues may be assigned, pledged, or set aside as a
15 trust for the payment of principal or interest on bonds, tax
16 anticipation certificates, or any other form of indebtedness
17 issued by an individual port or appropriate local government
18 having jurisdiction thereof, or collectively by interlocal
19 agreement among any of the ports, or used to purchase credit
20 support to permit such borrowings. However, such debt shall
21 not constitute a general obligation of the state. This state
22 does hereby covenant with holders of such revenue bonds or
23 other instruments of indebtedness issued hereunder that it
24 will not repeal or impair or amend this subsection in any
25 manner which will materially and adversely affect the rights
26 of holders so long as bonds authorized by this subsection are
27 outstanding. Any revenues that are not pledged to the
28 repayment of bonds as authorized by this section may be
29 utilized for purposes authorized under the Florida Seaport
30 Transportation and Economic Development Program. This revenue
31 source is in addition to any amounts provided for and
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1 appropriated in accordance with s. 311.07 and subsection (3).
2 The Florida Seaport Transportation and Economic Development
3 Council shall approve distribution of funds to ports for
4 projects that have been approved pursuant to s. 311.09(5)-(9),
5 or for seaport intermodal access projects identified in the
6 5-year Florida Seaport Mission Plan as provided in s.
7 311.09(3) and mutually agreed upon by the FSTED Council and
8 the Department of Transportation. All contracts for actual
9 construction of projects authorized by this subsection must
10 include a provision encouraging employment of WAGES
11 participants in the welfare-transition program. The goal for
12 employment of WAGES participants in the welfare-transition
13 program is 25 percent of all new employees employed
14 specifically for the project, unless the Department of
15 Transportation and the Florida Seaport Transportation and
16 Economic Development Council demonstrates can demonstrate to
17 the satisfaction of the Secretary of Labor and Employment
18 Security that such a requirement would severely hamper the
19 successful completion of the project. In such an instance,
20 Workforce Florida, Inc., the Secretary of Labor and Employment
21 Security shall establish an appropriate percentage of
22 employees that must be WAGES participants in the
23 welfare-transition program. The council and the Department of
24 Transportation are authorized to perform such acts as are
25 required to facilitate and implement the provisions of this
26 subsection. To better enable the ports to cooperate to their
27 mutual advantage, the governing body of each port may exercise
28 powers provided to municipalities or counties in s.
29 163.01(7)(d) subject to the provisions of chapter 311 and
30 special acts, if any, pertaining to a port. The use of funds
31 provided pursuant to this subsection is limited to eligible
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1 projects listed in this subsection. The provisions of s.
2 311.07(4) do not apply to any funds received pursuant to this
3 subsection.
4 Section 95. Paragraph (c) of subsection (9) of section
5 322.34, Florida Statutes, is amended to read:
6 322.34 Driving while license suspended, revoked,
7 canceled, or disqualified.--
8 (9)
9 (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055,
10 when the seizing agency obtains a final judgment granting
11 forfeiture of the motor vehicle under this section, 30 percent
12 of the net proceeds from the sale of the motor vehicle shall
13 be retained by the seizing law enforcement agency and 70
14 percent shall be deposited in the General Revenue Fund for use
15 by regional workforce boards local WAGES coalitions in
16 providing transportation services for participants of the
17 welfare-transition WAGES program. In a forfeiture proceeding
18 under this section, the court may consider the extent that the
19 family of the owner has other public or private means of
20 transportation.
21 Section 96. Subsection (1) of section 341.052, Florida
22 Statutes, is amended to read:
23 341.052 Public transit block grant program;
24 administration; eligible projects; limitation.--
25 (1) There is created a public transit block grant
26 program which shall be administered by the department. Block
27 grant funds shall only be provided to "Section 9" providers
28 and "Section 18" providers designated by the United States
29 Department of Transportation and community transportation
30 coordinators as defined in chapter 427. Eligible providers
31 must establish public transportation development plans
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1 consistent, to the maximum extent feasible, with approved
2 local government comprehensive plans of the units of local
3 government in which the provider is located. In developing
4 public transportation development plans, eligible providers
5 must solicit comments from regional workforce boards local
6 WAGES coalitions established under chapter 445 414. The
7 development plans must address how the public transit provider
8 will work with the appropriate regional workforce board local
9 WAGES coalition to provide services to WAGES participants in
10 the welfare-transition program. Eligible providers must review
11 program and financial plans established under s. 414.028 and
12 provide information to the regional workforce board local
13 WAGES coalition serving the county in which the provider is
14 located regarding the availability of transportation services
15 to assist WAGES program participants.
16 Section 97. Subsections (1) and (8) of section
17 402.3015, Florida Statutes, are amended, and subsection (10)
18 is added to that section, to read:
19 402.3015 Subsidized child care program; purpose; fees;
20 contracts.--
21 (1) The purpose of the subsidized child care program
22 is to provide quality child care to enhance the development,
23 including language, cognitive, motor, social, and self-help
24 skills of children who are at risk of abuse or neglect and
25 children of low-income families, and to promote financial
26 self-sufficiency and life skills for the families of these
27 children, unless prohibited by federal law. Priority for
28 participation in the subsidized child care program shall be
29 accorded to children under 13 years of age who are:
30
31
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1 (a) Determined to be at risk of abuse, neglect, or
2 exploitation and who are currently clients of the department's
3 Children and Families Program Office;
4 (b) Children at risk of welfare dependency, including
5 children of participants in the welfare-transition WAGES
6 program, children of migrant farmworkers, children of teen
7 parents, and children from other families at risk of welfare
8 dependency due to a family income of less than 100 percent of
9 the federal poverty level;
10 (c) Children of working families whose family income
11 is equal to or greater than 100 percent, but does not exceed
12 150 percent, of the federal poverty level; and
13 (d) Children of working families enrolled in the Child
14 Care Executive Partnership Program whose family income does
15 not exceed 200 percent of the federal poverty level; and.
16 (e) Children of working families who participate in
17 the diversion program to strengthen Florida's families under
18 s. 445.018.
19 (8) The community child care coordinating agencies
20 shall assist participants in the welfare-transition WAGES
21 program and former participants of the program who are
22 eligible for subsidized child care in developing cooperative
23 child care arrangements whereby participants support and
24 assist one another in meeting child care needs at minimal cost
25 to the individual participant.
26 (10) A family that is eligible to participate in the
27 subsidized child care program shall be considered a needy
28 family for purposes of the program funded through the federal
29 Temporary Assistance for Needy Families (TANF) block grant, to
30 the extent permitted by the appropriation of funds.
31
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