House Bill 2407

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    Florida House of Representatives - 2000                HB 2407

        By the Committee on Business Development & International
    Trade and Representative Bradley





  1                      A bill to be entitled

  2         An act relating to reorganization of the

  3         Department of Labor and Employment Security;

  4         amending s. 20.04, F.S.; authorizing an

  5         exemption for the department from standard

  6         internal structure of departments; amending s.

  7         20.171, F.S; providing the mission of the

  8         department; providing legislative intent;

  9         requiring copies of requests for and rulings on

10         federal waivers be provided to the Legislature;

11         creating an advisory council; providing for

12         membership; establishing a chief information

13         officer and providing duties; authorizing

14         privatization of information technology

15         functions; establishing regional managers and

16         providing responsibilities; providing an

17         exemption from the Career Service System and

18         providing for inclusion within Senior

19         Management Service; creating the Office of

20         Program Analysis and Evaluation and providing

21         its functions; establishing program offices;

22         revising references to divisions; creating the

23         Office of Technical Assistance and Quality

24         Assurance and providing its functions;

25         establishing geographical regions for

26         administering the department's programs;

27         deleting the field offices; providing for

28         contracting of department services; conforming

29         provisions to changes made by the act; amending

30         s. 288.9951, F.S.; providing that the Workforce

31         Development Board provide policy direction

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  1         regarding workforce services; providing that

  2         the Workforce Development Board shall supervise

  3         the expenditure of certain funds; providing for

  4         the reassignment of employees of the Department

  5         of Labor and Employment Security to One-Stop

  6         Career Centers; providing conditions; amending

  7         s. 413.011, F.S.; conforming requirements with

  8         respect to rehabilitation council to federal

  9         law; providing for per diem for members;

10         amending s. 443.036, F.S.; permitting agents of

11         the state to operate a public employment

12         office; amending s. 443.091, F.S.; deleting the

13         requirement that claimants may report only at

14         the office; amending ss. 443.171 and 443.1715,

15         F.S.; permitting the release of confidential

16         information to agents of public employees;

17         amending s. 443.181, F.S.; permitting the

18         Office of Workforce and Employment Opportunity

19         to hire nonemployees to carry out its purposes;

20         amending s. 443.231, F.S.; revising eligibility

21         criteria for the Florida Training Investment

22         Program; repealing section 14 of chapter

23         99-240, Laws of Florida; deleting the repeal of

24         the functions of the Division of Safety;

25         amending section 39 of chapter 99-240, Laws of

26         Florida; revising the date of transfer of the

27         Division of Blind Services; providing for a

28         type two transfer of divisions within the

29         department; directing the Division of Statutory

30         Revision to conform the Florida Statutes to

31         changes made by the act; authorizing a one-time

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  1         voluntary reduction-in-force payment for

  2         specified state employees; providing criteria;

  3         providing effective dates.

  4

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

  6

  7         Section 1.  Section 20.04, Florida Statutes, is amended

  8  to read:

  9         20.04  Structure of executive branch.--The executive

10  branch of state government is structured as follows:

11         (1)  The department is the principal administrative

12  unit of the executive branch. Each department must bear a

13  title beginning with the words "State of Florida" and

14  continuing with "Department of ....."

15         (2)  For field operations, departments may establish

16  district or area offices that combine division, bureau,

17  section, and subsection functions.

18         (3)  For their internal structure, all departments,

19  except for the Department of Banking and Finance, the

20  Department of Children and Family Services, the Department of

21  Corrections, the Department of Labor and Employment Security,

22  the Department of Management Services, the Department of

23  Revenue, and the Department of Transportation, must adhere to

24  the following standard terms:

25         (a)  The principal unit of the department is the

26  "division." Each division is headed by a "director."

27         (b)  The principal unit of the division is the

28  "bureau." Each bureau is headed by a "chief."

29         (c)  The principal unit of the bureau is the "section."

30  Each section is headed by an "administrator."

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  1         (d)  If further subdivision is necessary, sections may

  2  be divided into "subsections," which are headed by

  3  "supervisors."

  4         (4)  Within the Department of Children and Family

  5  Services there are organizational units called "program

  6  offices," headed by assistant secretaries.

  7         (5)  Within the Department of Corrections the principal

  8  policy and program development unit of the department is the

  9  "office." Each "office" is headed by a director.

10         (6)  Within the Department of Transportation the

11  principal policy and program development unit of the

12  department is the "office." Each "office" is headed by a

13  director.

14         (7)  Within the Department of Labor and Employment

15  Security, the principal policy and program development unit of

16  the department is the "office."  Each "office" is headed by a

17  director.

18         (8)(7)(a)  Unless specifically authorized by law, the

19  head of a department may not reallocate duties and functions

20  specifically assigned by law to a specific unit of the

21  department. Those functions or agencies assigned generally to

22  the department without specific designation to a unit of the

23  department may be allocated and reallocated to a unit of the

24  department at the discretion of the head of the department.

25         (b)  Within the limitations of this subsection, the

26  head of the department may recommend the establishment of

27  additional divisions, bureaus, sections, and subsections of

28  the department to promote efficient and effective operation of

29  the department. However, additional divisions, or offices in

30  the Department of Children and Family Services, the Department

31  of Corrections, and the Department of Transportation, may be

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  1  established only by specific statutory enactment. New bureaus,

  2  sections, and subsections of departments may be initiated by a

  3  department and established as recommended by the Department of

  4  Management Services and approved by the Executive Office of

  5  the Governor, or may be established by specific statutory

  6  enactment.

  7         (c)  For the purposes of such recommendations and

  8  approvals, the Department of Management Services and the

  9  Executive Office of the Governor, respectively, must adopt and

10  apply specific criteria for assessing the appropriateness of

11  all reorganization requests from agencies. The criteria must

12  be applied to future agency requests for reorganization and

13  must be used to review the appropriateness of bureaus

14  currently in existence. Any current bureau that does not meet

15  the criteria for a bureau must be reorganized into a section

16  or other appropriate unit.

17         (9)(8)  The Executive Office of the Governor must

18  maintain a current organizational chart of each agency of the

19  executive branch, which must identify all divisions, bureaus,

20  units, and subunits of the agency. Agencies must submit such

21  organizational charts in accordance with guidelines

22  established by the Executive Office of the Governor.

23         Section 2.  Section 20.171, Florida Statutes, is

24  amended to read:

25         20.171  Department of Labor and Employment

26  Security.--There is created a Department of Labor and

27  Employment Security. The department shall operate its programs

28  in a decentralized fashion.

29         (1)  The mission of the Department of Labor and

30  Employment Security is to lead in building a superior

31  workforce and economy for Floridians through enhanced customer

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  1  services and partnerships.  It is the intent of the

  2  Legislature that the department implement any of the

  3  recommendations made in its strategic transformation review

  4  that are consistent with state and federal law and that

  5  further its mission including seeking from the secretary of

  6  the United States Department of Labor or other applicable

  7  agency of the Federal Government a favorable policy response

  8  or waiver of any conflicting federal statutes or implementing

  9  regulations governing federal programs administered by the

10  department.  Copies of any such request and corresponding

11  rulings shall be submitted to the applicable substantive and

12  budget committees of the Florida Senate and House of

13  Representatives.  It is further the intent of the Legislature

14  that any reorganization of the department result in further

15  advancing the unified state workforce strategy to be designed

16  and carried out by the state and regional workforce

17  development boards in full recognition of the boards'

18  authority to direct policy and plan and be accountable for the

19  state's workforce development system.

20         (2)(1)  The head of the Department of Labor and

21  Employment Security is the Secretary of Labor and Employment

22  Security.  The secretary shall be appointed by the Governor

23  subject to confirmation by the Senate.  The secretary shall

24  serve at the pleasure of the Governor.

25         (3)(2)(a)  There is established the Department of Labor

26  and Employment Security Advisory Council, whose mission shall

27  be to advise the secretary on executive matters.  The council

28  shall include representatives of individuals, groups,

29  associations, or coalitions that may be affected by issues or

30  problems that the council is asked to examine. There shall be

31  two assistant secretaries who are to be appointed by and shall

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  1  serve at the pleasure of the secretary.  The assistant

  2  secretaries shall be titled:  Assistant Secretary for Finance

  3  and Administration and Assistant Secretary for Programs and

  4  Operations.  The secretary may assign either assistant

  5  secretary the responsibility to supervise, coordinate, and

  6  formulate policy for any division, office, or field office.

  7  The Office of General Counsel and the Office of Inspector

  8  General are established as special offices and shall be headed

  9  by managers, each of whom shall be appointed by and serve at

10  the pleasure of the secretary. There shall be a chief

11  information officer who shall be appointed by or under

12  contract and serve at the pleasure of the secretary.  The

13  duties of the chief information officer include, but are not

14  limited to, those duties specified in s. 282.3055.

15  Notwithstanding any other provision of law to the contrary,

16  the chief information officer may outsource any information

17  technology function upon his or her determination that such an

18  arrangement would substantially reduce the costs and be more

19  effective than the manner in which the function is being

20  administered by the department.

21         (b)  There shall be seven regional managers who shall

22  be appointed by and serve at the pleasure of the secretary and

23  who shall be directly responsible to the secretary.  The

24  regional managers are responsible for regional operations and

25  contractual obligations and shall act as liaisons with local

26  communities. There shall be five field offices involved in the

27  administration and management of the department's programs.

28  These field offices shall be responsible for the

29  administration and management of any local offices within

30  their jurisdiction.  The five field offices shall be headed by

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  1  managers, each of whom is to be appointed by and serve at the

  2  pleasure of the secretary.

  3         (c)  The managers of all divisions and offices

  4  specifically named in this section, and the regional managers,

  5  and the chief information officer directors of the five field

  6  offices are exempt from part II of chapter 110 and are

  7  included in the Senior Management Service in accordance with

  8  s. 110.205(2)(i).  No other assistant secretaries or senior

  9  management positions at or above the division level, except

10  those established in chapter 110, may be created without

11  specific legislative authority.

12         (4)(3)(a)  The Assistant Secretary for Finance and

13  Administration must possess a broad knowledge of the

14  administrative, financial, and technical aspects of a complete

15  cost-accounting system, budget preparation and management, and

16  management information systems.  The assistant secretary must

17  be a proven, effective manager with specialized skills in

18  financial planning and management.  The assistant secretary

19  shall ensure that financial information is processed in a

20  timely, accurate, and complete manner.

21         (b)  The assistant secretary is responsible for

22  developing, monitoring, and enforcing policy and managing

23  major technical programs.  The responsibilities and duties of

24  the position include, but are not limited to,:

25         1.  the following functional areas:

26         1.a.  Financial planning and management.

27         2.b.  Information systems.

28         3.c.  Accounting systems.

29         4.d.  Administrative functions.

30         2.  Implementing by no later than December 1, 1999:

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  1         a.  The preparation of detailed documentation of

  2  internal controls, including, but not limited to, general and

  3  application controls the department relies on for accurate and

  4  complete financial information.

  5         b.  The monthly reconciliation of the department's

  6  accounting, planning and budgeting, cash forecasting, and

  7  grants-in-aid program.

  8         c.  The development of a long-range information systems

  9  plan for the department which addresses the computing and

10  information requirements of the five field and central

11  offices.  Financial, personnel, and technical resources must

12  all be identified and quantified, as appropriate.

13         (c)  The Office of Administration, the Office of

14  Management and Budget, the Office of Program Analysis and

15  Evaluation, and the Office of Information Systems are

16  established and shall be headed by managers who are supervised

17  by and responsible to the assistant secretary. The Office of

18  Program Analysis and Evaluation shall conduct program

19  evaluations, which evaluations may be provided through

20  contracts; provide operational information; guide the research

21  and collection of the Office of Technical Assistance and

22  Quality Assurance; and assist the regional managers and local

23  workforce investment boards in achieving efficiency and

24  effectiveness in various operational approaches to service

25  delivery.

26         (d)1.  The secretary shall appoint a comptroller who

27  shall be responsible to the assistant secretary.  This

28  position is exempt from part II of chapter 110.

29         2.  The comptroller is the chief financial officer of

30  the department and shall be a proven, effective administrator

31  who, by a combination of education and experience, clearly

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  1  possesses a broad knowledge of the administrative, financial,

  2  and technical aspects of a complex cost-accounting system.

  3  The comptroller must also have a working knowledge of

  4  generally accepted accounting principles. At a minimum, the

  5  comptroller shall hold an active license to practice public

  6  accounting in this state pursuant to chapter 473 or in any

  7  other state. In addition to the requirements of the Florida

  8  Fiscal Accounting Management Information System Act, the

  9  comptroller is responsible for the development, maintenance,

10  and modification of an accounting system which will in a

11  timely manner accurately reflect the revenues and expenditures

12  of the department and which shall include a cost-accounting

13  system to properly identify, segregate, allocate, and report

14  department costs.  The comptroller shall supervise and direct

15  preparation of a detailed 36-month forecast of cash and

16  expenditures and shall be responsible for managing cash and

17  determining cash requirements.  The comptroller shall review

18  all comparative cost studies which examine the

19  cost-effectiveness and feasibility of contracting for services

20  and operations performed by the department.  The review shall

21  state that the study was prepared in accordance with generally

22  accepted cost-accounting standards applied in a consistent

23  manner using valid and accurate cost data.

24         3.  The comptroller may be required to give bond as

25  provided by s. 20.059(4).

26         4.  The department shall, by rule or internal

27  management memoranda as required by chapter 120, provide for

28  the maintenance by the comptroller of financial records and

29  accounts of the department as will afford a full and complete

30  check against the improper payment of bills and provide a

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  1  system for the prompt payment of the just obligations of the

  2  department, which records must at all times disclose:

  3         a.  The several appropriations available for the use of

  4  the department.

  5         b.  The specific amounts of each such appropriation

  6  budgeted by the department for each improvement or purpose.

  7         c.  The apportionment or division of all such

  8  appropriations among the several counties and field offices,

  9  when such apportionment or division is made.

10         d.  The amount or portion of each such apportionment

11  against general contractual and other obligations of the

12  department.

13         e.  The amount expended and still to be expended in

14  connection with each contractual and each other obligation of

15  the department.

16         f.  The expense and operating costs of the various

17  activities of the department.

18         g.  The receipts accruing to the department and the

19  distribution thereof.

20         h.  The assets, investments, and liabilities of the

21  department.

22         i.  The cash requirements of the department for a

23  36-month period.

24         5.  The comptroller shall maintain a separate account

25  for each fund administered by the department.

26         6.  The comptroller shall perform such other related

27  duties as may be designated by the department.

28         (5)(4)(a)  The Assistant Secretary for Programs and

29  Operations must possess a broad knowledge of the

30  administrative, financial, and technical aspects of the

31  program offices divisions within the department.

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  1         (b)  The assistant secretary is responsible for

  2  developing, monitoring, and enforcing policy and managing

  3  major technical programs and supervising the Bureau of Appeals

  4  of the Office of Workforce and Employment Opportunity Division

  5  of Unemployment Compensation. The responsibilities and duties

  6  of the position include, but are not limited to, the following

  7  functional areas:

  8         1.  Workers' compensation management and policy

  9  implementation.

10         2.  Workforce and employment opportunity Jobs and

11  benefits management and policy information.

12         3.  Unemployment compensation management and policy

13  implementation.

14         4.  Occupational safety and health Blind services

15  management and policy implementation.

16         5.  Oversight of the five field offices and any local

17  offices.

18         (6)(5)  The following offices divisions are established

19  and shall be headed by program office division directors who

20  shall be supervised by and shall be responsible to the

21  Assistant Secretary for Programs and Operations:

22         (a)  Office Division of Workforce and Employment

23  Opportunity Opportunities.

24         (b)  Division of Unemployment Compensation.

25         (b)(c)  Office Division of Workers' Compensation and

26  Safety.

27         (c)  Office of Technical Assistance and Quality

28  Assurance.  The Office of Technical Assistance and Quality

29  Assurance shall, either directly or by contract, provide

30  assistance to the local workforce investment boards and WAGES

31  coalitions in performance measurement, contractual compliance,

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  1  customer satisfaction, and accountability; provide core

  2  services of issues resolution and conduct annual detailed

  3  visits to local communities to study complete operations; and

  4  provide data for the Office of Program Analysis and Evaluation

  5  to assess program effectiveness of the department.  The office

  6  shall also serve as an assessment resource to the regional

  7  managers and local coalition managers, create templates for

  8  performance contracts to be used with and by the local

  9  workforce investment boards and WAGES coalitions, and provide

10  tailored training to overcome operational and technical issues

11  identified by the regional managers as needed to improve

12  operations.

13         (d)  Division of Blind Services.

14         (e)  Division of Safety, which is repealed July 1,

15  2000.

16         (f)  Division of Vocational Rehabilitation.

17         (7)(6)  It is the intent of the Legislature that the

18  functions and programs of the offices divisions are to be

19  coordinated and integrated to the maximum extent practicably

20  feasible.  The department shall have flexibility to minimize

21  costs in managing its contractual obligations with respect to

22  existing leases. The following geographical regions through

23  which the department shall administer all its programs are

24  established: Further, it is the intent of the Legislature that

25  all key programs be colocated in five field offices.  The

26  department is directed to develop a schedule to achieve this

27  colocation, to the maximum extent feasible, by no later than

28  July 1, 2001; provided, however, in those instances where the

29  department has contractual obligations with respect to

30  existing leases which expire after July 1, 2001, the

31  department may phase in relocations to the five field offices

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  1  as said leases expire.  The following field offices are

  2  established and shall be headed by managers:

  3         (a)  Region I Field Office I.--Panama City, which shall

  4  consist of serve the following counties: Escambia, Santa Rosa,

  5  Okaloosa, Walton, Holmes, Washington, Bay, Jackson Jefferson,

  6  Calhoun, Gulf, Lafayette, Dixie, Union, Liberty, Franklin,

  7  Wakulla, Leon, Gadsden, Madison, Taylor, Hamilton, Suwannee,

  8  Columbia, Gilchrist, Alachua, Bradford, and Jefferson.

  9         (b)  Region II Field Office II.--Lake City, which shall

10  consist of serve the following counties: Madison, Taylor,

11  Dixie, Lafayette, Suwannee, Hamilton, Columbia, Baker, Union,

12  Bradford, Clay, St. Johns, Duval, Nassau, Alachua, Putnam,

13  Marion, Levy, Citrus, Hernando, Pasco, Volusia Gilchrist, and

14  Flagler.

15         (c)  Region III Field Office III.--Orlando, which shall

16  consist of serve the following counties: Pinellas,

17  Hillsborough, Manatee, and Sarasota Volusia, Lake, Seminole,

18  Orange, Sumter, Brevard, Osceola, Indian River, Highlands, St.

19  Lucie, Okeechobee, and Martin.

20         (d)  Region IV Field Office IV.--Tampa, which shall

21  consist of serve the following counties: Sumter, Lake,

22  Seminole, Orange, Osceola, Highlands, Citrus, Hernando, Pasco,

23  Pinellas, Hillsborough, Polk, Hardee, and Manatee, Sarasota,

24  DeSoto, Charlotte, and Lee.

25         (e)  Region V Field Office V.--Miami, which shall

26  consist of serve the following counties: Charlotte, Lee, Palm

27  Beach, Glades, Hendry, Collier, and Broward, Monroe, and Dade.

28         (f)  Region VI, which shall consist of the following

29  counties: Brevard, Indian River, Okeechobee, St. Lucie,

30  Martin, and Palm Beach.

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  1         (g)  Region VII, which shall consist of the following

  2  counties: Miami-Dade and Monroe.

  3         (8)  Whenever possible, the department, in accordance

  4  with established program objectives and performance criteria,

  5  shall contract for the provision of services by counties,

  6  municipalities, not-for-profit corporations, for-profit

  7  corporations, and other entities capable of providing needed

  8  services, if services so provided are more cost-efficient than

  9  those provided by the department.

10         (9)(7)  The following commissions are established

11  within the Department of Labor and Employment Security:

12         (a)  Public Employees Relations Commission.

13         (b)  Unemployment Appeals Commission.

14         Section 3.  Subsections (10) and (11) are added to

15  section 288.9951, Florida Statutes, to read:

16         288.9951  One-Stop Career Centers.--

17         (10)  The Department of Labor and Employment Security

18  and the regional workforce development boards shall take

19  policy direction from the Workforce Development Board with

20  regard to the delivery and integration of workforce services.

21  To ensure that state expenditure of federal workforce funds

22  are in keeping with the requirements of federal guidelines and

23  the purposes of this state's overall workforce development

24  goals, the Workforce Development Board shall supervise the

25  Department of Labor and Employment Security with regard to the

26  expenditure of Title I Workforce Investment Act of 1998 funds

27  and Wagner-Peyser funds received by this state from the

28  Federal Government for purposes of workforce development.

29         (11)  As deemed necessary by regional workforce

30  development boards and the department, upon approval by the

31  Workforce Development Board, employees of the department that

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  1  provide direct customer services may be assigned to the

  2  One-Stop Career Centers, subject to the following:

  3         (a)  The terms and conditions of the assignment shall

  4  be contained in a memorandum of understanding to be negotiated

  5  by the regional workforce development board and the

  6  department.

  7         (b)  Notwithstanding any provisions in chapter 110 to

  8  the contrary, a department employee assigned to a One-Stop

  9  Career Center shall retain the position classification as a

10  state employee that he or she held on the day before the

11  assignment takes effect, as well as any state employee

12  personnel rights or benefits associated with that position

13  classification.

14         (c)  While on assignment, the employee shall receive

15  the same salary, benefits, and rights as if he or she were not

16  on assignment and shall remain the employee of the department

17  for all purposes, except that during the period of assignment

18  the employee of the department shall be under the day-to-day

19  supervision of the One-Stop Career Center operator, or the

20  designee of the operator.

21         (d)  The department shall retain ultimate authority

22  over personnel matters relating to an employee assigned to a

23  One-Stop Career Center operator.  The One-Stop Career Center

24  operator shall submit to the department information relating

25  to the job performance of department employees.  The

26  department shall consider that information submitted by the

27  One-Stop Career Center operator in conducting performance

28  appraisals of the employee.

29         (e)  A department employee assigned to a One-Stop

30  Career Center operator for the purpose of providing

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  1  Wagner-Peyser Act employment services shall be paid using

  2  Wagner-Peyser Act funds.

  3         Section 4.  Effective July 1, 2000, subsections (2) and

  4  (3) of section 413.011, Florida Statutes, are amended to read:

  5         413.011  Division of Blind Services, internal

  6  organizational structure; Advisory Council for the Blind.--

  7         (2)  As used in this section:

  8         (a)  "Act," unless the context indicates otherwise,

  9  means the Rehabilitation Act of 1973, 29 U.S.C. ss. 701-797.

10         (b)  "Blind" or "blindness" means the condition of any

11  person for whom blindness is a disability as defined by the

12  Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b).

13         (c)  "Department" means the Department of Education

14  Labor and Employment Security.

15         (3)  There is hereby created in the department the

16  Florida Rehabilitation Advisory Council for the Blind. The

17  council shall be established in accordance with the act.

18  Members of the council shall serve without compensation, but

19  may be reimbursed for per diem and travel expenses pursuant to

20  s. 112.061. to assist the division in the planning and

21  development of statewide rehabilitation programs and services,

22  to recommend improvements to such programs and services, and

23  to perform the functions provided in this section.

24         (a)  The advisory council shall be composed of:

25         1.  At least one representative of the Independent

26  Living Council, which representative may be the chair or other

27  designee of the council;

28         2.  At least one representative of a parent training

29  and information center established pursuant to s. 631(c)(9) of

30  the Individuals with Disabilities Act, 20 U.S.C. s.

31  1431(c)(9);

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  1         3.  At least one representative of the client

  2  assistance program established under the act;

  3         4.  At least one vocational rehabilitation counselor

  4  who has knowledge of and experience in vocational

  5  rehabilitation services for the blind, who shall serve as an

  6  ex officio nonvoting member of the council if the counselor is

  7  an employee of the department;

  8         5.  At least one representative of community

  9  rehabilitation program service providers;

10         6.  Four representatives of business, industry, and

11  labor;

12         7.  At least one representative of a disability

13  advocacy group representing individuals who are blind;

14         8.  At least one parent, family member, guardian,

15  advocate, or authorized representative of an individual who is

16  blind, has multiple disabilities, and either has difficulties

17  representing himself or herself or is unable, due to

18  disabilities, to represent himself or herself;

19         9.  Current or former applicants for, or recipients of,

20  vocational rehabilitation services; and

21         10.  The director of the division, who shall be an ex

22  officio member of the council.

23         (b)  Members of the council shall be appointed by the

24  Governor, who shall select members after soliciting

25  recommendations from representatives of organizations

26  representing a broad range of individuals who have

27  disabilities, and organizations interested in those

28  individuals.

29         (c)  A majority of council members shall be persons who

30  are:

31         1.  Blind; and

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  1         2.  Not employed by the division.

  2         (d)  The council shall select a chair from among its

  3  membership.

  4         (e)  Each member of the council shall serve for a term

  5  of not more than 3 years, except that:

  6         1.  A member appointed to fill a vacancy occurring

  7  prior to the expiration of the term for which a predecessor

  8  was appointed shall be appointed for the remainder of such

  9  term; and

10         2.  The terms of service of the members initially

11  appointed shall be, as specified by the Governor, for such

12  fewer number of years as will provide for the expiration of

13  terms on a staggered basis.

14         (f)  No member of the council may serve more than two

15  consecutive full terms.

16         (g)  Any vacancy occurring in the membership of the

17  council shall be filled in the same manner as the original

18  appointment. A vacancy does not affect the power of the

19  remaining members to execute the duties of the council.

20         (h)  In addition to the other functions specified in

21  this section, the council shall:

22         1.  Review, analyze, and advise the division regarding

23  the performance of the responsibilities of the division under

24  Title I of the act, particularly responsibilities relating to:

25         a.  Eligibility, including order of selection;

26         b.  The extent, scope, and effectiveness of services

27  provided; and

28         c.  Functions performed by state agencies that affect

29  or potentially affect the ability of individuals who are blind

30  to achieve rehabilitation goals and objectives under Title I.

31

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  1         2.  Advise the department and the division, and, at the

  2  discretion of the department or division, assist in the

  3  preparation of applications, the state plan, the strategic

  4  plan, and amendments to the plans, reports, needs assessments,

  5  and evaluations required by Title I.

  6         3.  To the extent feasible, conduct a review and

  7  analysis of the effectiveness of, and consumer satisfaction

  8  with:

  9         a.  The functions performed by state agencies and other

10  public and private entities responsible for performing

11  functions for individuals who are blind.

12         b.  Vocational rehabilitation services:

13         (I)  Provided or paid for from funds made available

14  under the act or through other public or private sources.

15         (II)  Provided by state agencies and other public and

16  private entities responsible for providing vocational

17  rehabilitation services to individuals who are blind.

18         4.  Prepare and submit an annual report on the status

19  of vocational rehabilitation services for the blind in the

20  state to the Governor and the Commissioner of the

21  Rehabilitative Services Administration, established under s.

22  702 of the act, and make the report available to the public.

23         5.  Coordinate with other councils within the state,

24  including the Independent Living Council, the advisory panel

25  established under s. 613(a)(12) of the Individuals with

26  Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State

27  Planning Council described in s. 124 of the Developmental

28  Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.

29  6024, and the state mental health planning council established

30  under s. 1916(e) of the Public Health Service Act, 42 U.S.C.

31  300X-4(e).

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  1         6.  Advise the department and division and provide for

  2  coordination and the establishment of working relationships

  3  among the department, the division, the Independent Living

  4  Council, and centers for independent living in the state.

  5         7.  Perform such other functions consistent with the

  6  purposes of the act as the council determines to be

  7  appropriate that are comparable to functions performed by the

  8  council.

  9         (i)1.  The council shall prepare, in conjunction with

10  the division, a plan for the provision of such resources,

11  including such staff and other personnel, as may be necessary

12  to carry out the functions of the council. The resource plan

13  shall, to the maximum extent possible, rely on the use of

14  resources in existence during the period of implementation of

15  the plan.

16         2.  If there is a disagreement between the council and

17  the division in regard to the resources necessary to carry out

18  the functions of the council as set forth in this section, the

19  disagreement shall be resolved by the Governor.

20         3.  The council shall, consistent with law, supervise

21  and evaluate such staff and other personnel as may be

22  necessary to carry out its functions.

23         4.  While assisting the council in carrying out its

24  duties, staff and other personnel shall not be assigned duties

25  by the division or any other state agency or office that would

26  create a conflict of interest.

27         (j)  No council member shall cast a vote on any matter

28  that would provide direct financial benefit to the member or

29  otherwise give the appearance of a conflict of interest under

30  state law.

31

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  1         (k)  The council shall convene at least four meetings

  2  each year. These meetings shall occur in such places as the

  3  council deems necessary to conduct council business. The

  4  council may conduct such forums or hearings as the council

  5  considers appropriate. The meetings, hearings, and forums

  6  shall be publicly announced. The meetings shall be open and

  7  accessible to the public. The council shall make a report of

  8  each meeting which shall include a record of its discussions

  9  and recommendations, all of which reports shall be made

10  available to the public.

11         Section 5.  Subsections (15) and (22) of section

12  443.036, Florida Statutes, are amended to read:

13         443.036  Definitions.--As used in this chapter, unless

14  the context clearly requires otherwise:

15         (15)  DIVISION.--"Division" means the Office of

16  Workforce and Employment Opportunity Division of Unemployment

17  Compensation of the Department of Labor and Employment

18  Security.

19         (22)  EMPLOYMENT OFFICE.--"Employment office" means a

20  free public employment office or branch thereof operated by

21  this or any other state, or a duly authorized agent thereof,

22  as a part of a state-controlled system of public employment

23  offices or by a federal agency charged with the administration

24  of an unemployment compensation program or free public

25  employment offices.

26         Section 6.  Paragraph (b) of subsection (1) of section

27  443.091, Florida Statutes, is amended to read:

28         443.091  Benefit eligibility conditions.--

29         (1)  An unemployed individual shall be eligible to

30  receive benefits with respect to any week only if the division

31  finds that:

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  1         (b)  She or he has registered for work at, and

  2  thereafter continued to report as instructed by at, the

  3  division, which shall be responsible for notification of the

  4  Division of Jobs and Benefits in accordance with such rules as

  5  the division may prescribe; except that the division may, by

  6  rule not inconsistent with the purposes of this law, waive or

  7  alter either or both of the requirements of this subsection as

  8  to individuals attached to regular jobs; but no such rule

  9  shall conflict with s. 443.111(1).

10         Section 7.  Subsection (7) of section 443.171, Florida

11  Statutes, is amended to read:

12         443.171  Division and commission; powers and duties;

13  rules; advisory council; records and reports.--

14         (7)  RECORDS AND REPORTS.--Each employing unit shall

15  keep true and accurate work records, containing such

16  information as the division may prescribe. Such records shall

17  be open to inspection and be subject to being copied by the

18  division at any reasonable time and as often as may be

19  necessary. The division or an appeals referee may require from

20  any employing unit any sworn or unsworn reports, with respect

21  to persons employed by it, deemed necessary for the effective

22  administration of this chapter. However, a state or local

23  governmental agency performing intelligence or

24  counterintelligence functions need not report an employee if

25  the head of such agency has determined that reporting the

26  employee could endanger the safety of the employee or

27  compromise an ongoing investigation or intelligence mission.

28  Information revealing the employing unit's or individual's

29  identity thus obtained from the employing unit or from any

30  individual pursuant to the administration of this chapter,

31  shall, except to the extent necessary for the proper

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  1  presentation of a claim or upon written authorization of the

  2  claimant who has a workers' compensation claim pending, be

  3  held confidential and exempt from the provisions of s.

  4  119.07(1). Such information shall be available only to public

  5  employees in the performance of their public duties, including

  6  employees of the Department of Education in obtaining

  7  information for the Florida Education and Training Placement

  8  Information Program and the Office of Tourism, Trade, and

  9  Economic Development Department of Commerce in its

10  administration of the qualified defense contractor tax refund

11  program authorized by s. 288.104, the qualified target

12  industry business tax refund program authorized by s. 288.106

13  and any duly authorized agents of public employees. Any

14  claimant, or the claimant's legal representative, at a hearing

15  before an appeals referee or the commission shall be supplied

16  with information from such records to the extent necessary for

17  the proper presentation of her or his claim. Any employee or

18  member of the commission or any employee of the division, or

19  any other person receiving confidential information, who

20  violates any provision of this subsection is guilty of a

21  misdemeanor of the second degree, punishable as provided in s.

22  775.082 or s. 775.083. However, the division may furnish to

23  any employer copies of any report previously submitted by such

24  employer, upon the request of such employer, and the division

25  is authorized to charge therefor such reasonable fee as the

26  division may by rule prescribe not to exceed the actual

27  reasonable cost of the preparation of such copies. Fees

28  received by the division for copies provided under this

29  subsection shall be deposited to the credit of the Employment

30  Security Administration Trust Fund.

31

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  1         Section 8.  Subsection (1) of section 443.1715, Florida

  2  Statutes, is amended to read:

  3         443.1715  Disclosure of information; confidentiality.--

  4         (1)  RECORDS AND REPORTS.--Information revealing the

  5  employing unit's or individual's identity obtained from the

  6  employing unit or from any individual pursuant to the

  7  administration of this chapter, and any determination

  8  revealing such information, must, except to the extent

  9  necessary for the proper presentation of a claim or upon

10  written authorization of the claimant who has a workers'

11  compensation claim pending, be held confidential and exempt

12  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

13  the State Constitution. Such information may be made available

14  only to public employees in the performance of their public

15  duties, including employees of the Department of Education in

16  obtaining information for the Florida Education and Training

17  Placement Information Program and the Office of Tourism,

18  Trade, and Economic Development Department of Commerce in its

19  administration of the qualified defense contractor tax refund

20  program authorized by s. 288.104 and any duly authorized

21  agents of public employees. Except as otherwise provided by

22  law, public employees receiving such information must retain

23  the confidentiality of such information. Any claimant, or the

24  claimant's legal representative, at a hearing before an

25  appeals referee or the commission shall be supplied with

26  information from such records to the extent necessary for the

27  proper presentation of her or his claim. Any employee or

28  member of the commission or any employee of the division, or

29  any other person receiving confidential information, who

30  violates any provision of this subsection commits a

31  misdemeanor of the second degree, punishable as provided in s.

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  1  775.082 or s. 775.083. However, the division may furnish to

  2  any employer copies of any report previously submitted by such

  3  employer, upon the request of such employer, and may furnish

  4  to any claimant copies of any report previously submitted by

  5  such claimant, upon the request of such claimant, and the

  6  division is authorized to charge therefor such reasonable fee

  7  as the division may by rule prescribe not to exceed the actual

  8  reasonable cost of the preparation of such copies. Fees

  9  received by the division for copies as provided in this

10  subsection must be deposited to the credit of the Employment

11  Security Administration Trust Fund.

12         Section 9.  Subsection (1) of section 443.181, Florida

13  Statutes, is amended to read:

14         443.181  State Employment Service.--

15         (1)  A state public employment service is hereby

16  established in the Division of Jobs and Benefits.  The

17  division shall establish and maintain free public employment

18  offices in such number and in such places as may be necessary

19  for the proper administration of this chapter and for the

20  purposes of performing such duties as are within the purview

21  of the Act of Congress entitled "An Act to provide for the

22  establishment of a national employment system and for

23  cooperation with the states in the promotion of such system

24  and for other purposes," approved June 6, 1933 (48 Stat. 113;

25  29 U.S.C. s. 49(c)), as amended.  It shall be the duty of the

26  division to cooperate with any official or agency of the

27  United States having power or duties under the provisions of

28  the Act of Congress, as amended, and to do and perform all

29  things necessary to secure to this state the benefits of said

30  Act of Congress, as amended, in the promotion and maintenance

31  of a system of public employment offices.  The provisions of

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  1  the said Act of Congress, as amended, are hereby accepted by

  2  this state, in conformity with s. 4 of that act, and this

  3  state will observe and comply with the requirements thereof.

  4  The Division of Jobs and Benefits of the Department of Labor

  5  and Employment Security is hereby designated and constituted

  6  the agency of this state for the purpose of that act.  The

  7  division is authorized and directed to appoint sufficient

  8  employees and such other persons as it deems necessary  to

  9  carry out the purposes of this section.  The division may

10  cooperate with or enter into agreements with the Railroad

11  Retirement Board with respect to the establishment,

12  maintenance, and use of free employment service facilities.

13         Section 10.  Paragraph (b) of subsection (4) of section

14  443.231, Florida Statutes, is amended to read:

15         443.231  Florida Training Investment Program.--The

16  Florida Training Investment Program is designed to extend

17  additional benefit eligibility to dislocated workers

18  throughout Florida who have lost their jobs, have limited

19  marketable skills, and enroll in vocational training intended

20  to lead to employment in a recognized occupation for which

21  there is labor market demand. Pursuant thereto:

22         (4)  ELIGIBILITY CRITERIA.--

23         (b)  The applicant must also:

24         1.  Complete such forms as required by the division.

25  The forms promulgated by the division are exempt from the

26  requirements of chapter 120.

27         2.  Attend all classes for each week of benefits

28  claimed. Absences from class shall result in the ineligibility

29  for benefits for the week in which the absence occurs unless

30  the authorized training institution excuses the absence for

31

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  1  good cause as determined by the authorized training

  2  institution.

  3         3.  Maintain satisfactory progress in the authorized

  4  training program, as determined by the authorized training

  5  institution.

  6         4.  Certify, on forms approved by the division, that

  7  the claimant attended all classes during the week of training

  8  being claimed or that the claimant was on an approved break.

  9  Upon request by the claimant, the authorized training

10  institution shall certify attendance and performance. The

11  claimant shall be responsible for timely furnishing the

12  division with the required certifications.

13         5.  Possess the qualifications or aptitude required to

14  successfully complete the selected training program.

15         6.  Be a resident of Florida.

16         Section 11.  Section 14 of chapter 99-240, Laws of

17  Florida, is repealed.

18         Section 12.  Section 39 of chapter 99-240, Laws of

19  Florida, is amended to read:

20         Section 39.  Effective July 1, 2000 January 1, 2001,

21  the Division of Blind Services is transferred by a type two

22  transfer as defined in section 20.06(5), Florida Statutes,

23  from the Department of Labor and Employment Security to the

24  Department of Education.

25         Section 13.  Within the Department of Labor and

26  Employment Security, all powers, duties, functions, rules,

27  records, personnel, property, and unexpended balances of

28  appropriations, allocations, or other funds of the Division of

29  Workers' Compensation and the Division of Safety are

30  transferred by a type two transfer, as defined in section

31  20.06(2), Florida Statutes, to the Office of Workers'

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  1  Compensation and Safety, and all powers, duties, functions,

  2  rules, records, personnel, property, and unexpended balances

  3  of appropriations, allocations, or other funds of the Division

  4  of Workforce and Employment Opportunities and the Division of

  5  Unemployment Compensation are transferred by a type two

  6  transfer, as defined in section 20.06(2), Florida Statutes, to

  7  the Office of Workforce and Employment Opportunity, as created

  8  by this act.

  9         Section 14.  The Division of Statutory Revision of the

10  Office of Legislative Services is directed to make the

11  necessary changes in the next official version of the Florida

12  Statutes to provide that all references in the Florida

13  Statutes to the Division of Workers' Compensation and to the

14  Division of Safety of the Department of Labor and Employment

15  Security shall be changed to read "Office of Workers'

16  Compensation and Safety" and all references to the Division of

17  Jobs and Benefits and to the Division of Unemployment

18  Compensation shall read "Office of Workforce and Employment

19  Opportunity."

20         Section 15.  (1)  The Department of Labor and

21  Employment Security may offer, subject to the provisions of

22  this section, active employees with 30 or more years of

23  creditable service in a state-administered retirement system,

24  or who are at least 62 years of age and are eligible for

25  retirement in a state-administered retirement system, a

26  one-time voluntary reduction-in-force payment during the

27  2000-2001 fiscal year.  Such payment shall represent a payment

28  of insurance costs and shall be paid as an annuity to be

29  purchased by the department within funds appropriated for

30  salary and benefits in the General Appropriations Act for

31  fiscal year 2000-2001, which shall include funds derived from

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  1  eliminating vacated positions.  There shall be no

  2  annualization costs associated with this plan.  The Secretary

  3  of Labor and Employment Security shall be deemed to be the

  4  public employer for purposes of negotiating the terms and

  5  conditions related to the reduction-in-force payments

  6  authorized by this section.  All persons retiring under this

  7  program shall do so no later than January 1, 2001.

  8         (2)  The department, in consultation with the

  9  Department of Management Services, shall prepare a plan to

10  implement the reduction-in-force payment authority for

11  approval by the Office of Planning and Budgeting.  Such plan

12  must meet all applicable federal requirements regarding the

13  expenditure of federal funds; all applicable federal tax laws;

14  and all other federal and state laws regarding a special

15  compensation to employees, including the Age Discrimination in

16  Employment Act and the Older Workers' Benefit Protection Act.

17  The plan must specify the savings created through the payment

18  mechanism and the reduction-in-force, specify the source of

19  funding of the payments, and delineate a timetable for

20  implementation.

21         (3)  If approved by the Office of Planning and

22  Budgeting, such plan shall be submitted to the Legislature

23  subject to the notice, review, and objection process

24  authorized in section 216.177, Florida Statutes.

25         Section 16.  Except as otherwise provided herein, this

26  act shall take effect upon becoming a law.

27

28            *****************************************

29                          HOUSE SUMMARY

30
      Provides for the reorganization of the Department of
31    Labor and Employment Security. See bill for details.

                                  30