CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Horne moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 20, between lines 29 and 30,,

15

16  insert:

17         Section 13.  Section 446.609, Florida Statutes, is

18  amended to read:

19         446.609  Jobs for Florida's Graduates Act.--

20         (1)  SHORT TITLE.--This section may be cited as the

21  "Jobs for Florida's Graduates Act."

22         (2)  DEFINITIONS.--For the purposes of this section:

23         (a)  "Board" means the board of directors of the

24  Florida Endowment Foundation for Florida's Graduates.

25         (b)  "Department" means the Department of Education.

26         (c)  "Endowment fund" means an account established

27  within the Florida Endowment Foundation for Florida's

28  Graduates to provide a continuing and growing source of

29  revenue for school-to-work transition efforts.

30         (d)  "Foundation" means the Florida Endowment

31  Foundation for Florida's Graduates.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    





 1         (e)  "Operating account" means an account established

 2  under paragraph (7)(8)(h) to carry out the purposes of this

 3  section.

 4         (3)  LEGISLATIVE INTENT.--The Legislature recognizes

 5  that it is in the best interest of the citizens of this state

 6  that the state have a well-educated and skilled workforce to

 7  be competitive in a changing economy. It is the intent of the

 8  Legislature to meet the challenge of ensuring a skilled

 9  workforce by creating a formal program to facilitate the

10  important school-to-work transition and to provide additional

11  funding to achieve this goal.  Accordingly, the Legislature

12  finds and declares that:

13         (a)  The purpose of this section is to broaden the

14  participation and funding potential for further significant

15  support for Florida students who are approaching the

16  transition from school to work.

17         (b)  It is appropriate to encourage individual and

18  corporate support and involvement, as well as state support

19  and involvement, to promote employment opportunities for

20  Florida's students.

21         (4)  PROGRAM.--There is hereby created, for an initial

22  5-year period, a school-to-work program to be known as Jobs

23  for Florida's Graduates which shall, during the initial 5-year

24  phase set forth in this section and except as otherwise

25  provided by law or by rule of the Department of Education, be

26  operated in accordance with the process and outcome standards

27  of Jobs for America's Graduates, Inc.  To that end, the board

28  shall enter into a sponsoring agreement with Jobs for

29  America's Graduates, Inc., to carry out the Jobs for America's

30  Graduates model within the state.

31         (a)  During the first year of operation, the Jobs for

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    





 1  Florida's Graduates Program shall be operated in not less than

 2  25 nor more than 50 high schools in the state to be chosen by

 3  the board.  The goal of the program shall be to have a minimum

 4  of 300 high schools participating in the program by the end of

 5  the 2001-2002 school year.

 6         (b)  The schools chosen by the board to participate in

 7  the program must represent a demographically balanced sample

 8  population, include both urban and rural schools, and be

 9  comprised of schools, including charter schools, in all

10  geographic areas of the state.  Each school selected to

11  participate shall enter into a formal written agreement with

12  the board which, at a minimum, details the responsibilities of

13  each party and the process and outcome goals of the initial

14  5-year Jobs for Florida's Graduates Program.

15         (c)  Students shall be selected and approved for

16  participation in the program by the educational institutions

17  in which they are enrolled, and such selection and approval

18  shall be based on their being classified as 12th grade at-risk

19  students.

20         (5)  REVENUE FOR THE ENDOWMENT FUND.--

21         (a)  An endowment fund is created as a long-term,

22  stable, growing source of revenue to be administered by the

23  foundation in accordance with rules promulgated by the

24  department.

25         (b)  The principal of the endowment fund shall consist

26  of legislative appropriations that are made to the endowment

27  fund and bequests, gifts, grants, and donations as may be

28  solicited from public or private sources by the foundation.

29         (c)  The State Board of Administration shall invest and

30  reinvest moneys of the endowment fund principal in accordance

31  with the provisions of ss. 215.44-215.53. Interest and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    





 1  investment income earned on the endowment fund principal shall

 2  be annually transmitted to the foundation, based upon a fiscal

 3  year which runs from July 1 through June 30, and shall be

 4  deposited in the foundation's operating account for

 5  distribution as provided in this section.

 6         (5)(6)  THE FLORIDA ENDOWMENT FOUNDATION FOR FLORIDA'S

 7  GRADUATES.--

 8         (a)  The Florida Endowment Foundation for Florida's

 9  Graduates is created as a direct-support organization of the

10  Department of Education to encourage public and private

11  support to enhance school-to-work transition. As a

12  direct-support organization, the foundation shall operate

13  under contract with the department and shall be:

14         1.  A Florida corporation not for profit which is

15  incorporated under the provisions of chapter 617 and approved

16  by the Department of State.

17         2.  Organized and operated exclusively to do the

18  following:  raise funds; submit requests and receive grants

19  from the Federal Government, the state, private foundations,

20  and individuals; receive, hold, and administer property; and

21  make expenditures to or for the benefit of school-to-work

22  transition programs approved by the board of directors of the

23  foundation.

24         (b)  As a direct-support organization, The foundation

25  shall:

26         1.  Develop articles of incorporation.

27         2.  Create a board of directors appointed by the

28  Commissioner of Education.

29         3.  Perform an annual financial and performance review

30  to determine if the foundation is operating in a manner

31  consistent with the goals of the Legislature in providing

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    





 1  assistance for school-to-work transitions.

 2         4.  Provide a mechanism for the reversion to the state

 3  of moneys in the foundation and in any other funds and

 4  accounts held in trust by the foundation if the foundation is

 5  dissolved.

 6         (6)(7)  BOARD OF DIRECTORS.--The foundation shall be

 7  administered by a board of directors, as follows:

 8         (a)  The board shall consist of at least 15 members of

 9  which. At least 9 of the 15 members must be from the private

10  sector, and the remaining members may be from the public

11  sector. Among the public sector members, representation shall

12  come from secondary education, vocational education, and

13  job-training programs such as Job Education Partnership. The

14  chair shall may be from either the private sector or the

15  public sector.

16         (b)  All members shall have an interest in

17  school-to-work transition and, insofar as is practicable,

18  shall:

19         1.  Have skills in foundation work or other fundraising

20  activities, financial consulting, or investment banking or

21  other related experience; or

22         2.  Have experience in policymaking or senior

23  management level positions or have distinguished themselves in

24  the fields of education, business, or industry.

25         (c)  Initially, the chair and all board members shall

26  be appointed by the Commissioner of Education. Effective July

27  1, 2000, all reappointments shall be made by a membership

28  committee comprised of current board members.

29         1.  The chair shall be appointed for a term of 2 years

30  and may be reappointed.  However, no chair may serve more than

31  6 consecutive years.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    





 1         2.  Board members shall serve for 3-year terms or

 2  until resignation or removal for cause, except that members

 3  appointed to serve initial terms shall be appointed for

 4  staggered terms of 1, 2, and 3 years, respectively.

 5         (d)  In the event of a vacancy on the board caused by

 6  an occurrence other than the expiration of a term, a new

 7  member shall be appointed.

 8         (e)  Each member is accountable to the Commissioner of

 9  Education for the proper performance of the duties of office.

10  The commissioner may remove any member from office for

11  malfeasance, misfeasance, neglect of duty, incompetence, or

12  permanent inability to perform official duties or for pleading

13  nolo contendere to, or being found guilty of, a crime.

14         (7)(8)  ORGANIZATION, POWERS, AND DUTIES.--Within the

15  limits prescribed in this section or by rule of the

16  department:

17         (a)  Upon appointment, the board shall meet and

18  organize. Thereafter, the board shall hold such meetings as

19  are necessary to implement the provisions of this section and

20  shall conduct its business in accordance with rules

21  promulgated by the department.

22         (b)  The board may solicit and receive bequests, gifts,

23  grants, donations, goods, and services.  When gifts are

24  restricted as to purpose, they may be used only for the

25  purpose or purposes stated by the donor.

26         (c)  The board may enter into contracts with the

27  Federal Government, state or local agencies, private entities,

28  or individuals to carry out the purposes of this section.

29         (d)  The board may identify, initiate, and fund Jobs

30  for Florida's Graduates programs to carry out the purposes of

31  this section.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    





 1         (e)  The board may make gifts or grants:

 2         1.  To the state, or any political subdivision thereof,

 3  or any public agency of state or local government.

 4         2.  To a corporation, trust, association, or foundation

 5  organized and operated exclusively for charitable,

 6  educational, or scientific purposes.

 7         3.  To the department for purposes of program

 8  recognition and marketing, public relations and education,

 9  professional development, and technical assistance and

10  workshops for grant applicants and recipients and the business

11  community.

12         (f)  The board may advertise and solicit applications

13  for funding and shall evaluate applications and program

14  proposals submitted thereto.

15         (g)  The board shall monitor, review, and annually

16  evaluate funded programs to determine whether funding should

17  be continued, terminated, reduced, or increased.

18         (h)  The board shall establish an operating account for

19  the deposit of funds to be used in carrying out the purposes

20  of this section.

21         (i)  The board shall operate the Jobs for Florida's

22  Graduates Program in such a way, and shall recommend to the

23  Department of Education the adoption of such rules as may be

24  necessary, to ensure that the following outcome goals are met:

25         1.  In year 1:

26         a.  The statewide graduation rates, or GED test

27  completion rates, of participants in the Jobs for Florida's

28  Graduates Program shall be at least 82 percent by June 30

29  March 31 of the year following the end of the academic year in

30  which the participants' respective high school classes

31  graduated.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    





 1         b.  By June 30 March 31 of the year following the end

 2  of the academic year in which the participants' respective

 3  high school classes graduated, 70 to 75 percent of working

 4  participants in the Jobs for Florida's Graduates Program shall

 5  be employed full time a minimum of 40 hours per week in the

 6  civilian sector or the military or enrolled in postsecondary

 7  training education, or any combination of these that together

 8  are equivalent to full time 40 hours per week.

 9         c.  By June 30 March 31 of the year following the end

10  of the academic year in which the participants' respective

11  high school classes graduated, the average wage of

12  participants in the Jobs for Florida's Graduates Program who

13  are working shall be at or above the national average wage for

14  all participants in programs affiliated with Jobs for

15  America's Graduates, Inc.

16         2.  In year 2:

17         a.  The statewide graduation rates, or GED test

18  completion rates, of participants in the Jobs for Florida's

19  Graduates Program shall be at least 85 percent by June 30

20  March 31 of the year following the end of the academic year in

21  which the participants' respective high school classes

22  graduated.

23         b.  By June 30 March 31 of the year following the end

24  of the academic year in which the participants' respective

25  high school classes graduated, 75 to 78 percent of working

26  participants in the Jobs for Florida's Graduates Program shall

27  be employed full time a minimum of 40 hours per week in the

28  civilian sector or the military or enrolled in postsecondary

29  training education, or any combination of these that together

30  are equivalent to full time 40 hours per week.

31         c.  By June 30 March 31 of the year following the end

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    





 1  of the academic year in which the participants' respective

 2  high school classes graduated, the average wage of

 3  participants in the Jobs for Florida's Graduates Program who

 4  are working shall be at or above the national average wage for

 5  all participants in programs affiliated with Jobs for

 6  America's Graduates, Inc.

 7         3.  In years 3 through 5:

 8         a.  The statewide graduation rates, or GED test

 9  completion rates, of participants in the Jobs for Florida's

10  Graduates Program shall be at least 90 percent by June 30

11  March 31 of the year following the end of the academic year in

12  which the participants' respective high school classes

13  graduated.

14         b.  By June 30 March 31 of the year following the end

15  of the academic year in which the participants' respective

16  high school classes graduated, 80 percent of working

17  participants in the Jobs for Florida's Graduates Program shall

18  be employed full time a minimum of 40 hours per week in the

19  civilian sector or the military or enrolled in postsecondary

20  training education, or any combination of these that together

21  are equivalent to full time 40 hours per week.

22         c.  By June 30 March 31 of the year following the end

23  of the academic year in which the participants' respective

24  high school classes graduated, the average wage of

25  participants in the Jobs for Florida's Graduates Program who

26  are working shall be at or above the national average wage for

27  all participants in programs affiliated with Jobs for

28  America's Graduates, Inc.

29         (j)  The board may take such additional actions,

30  including independently organizing and conducting hiring

31  practices, as are deemed necessary and appropriate to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    





 1  administer the provisions of this section.  To the maximum

 2  extent possible, the board shall hire Jobs for Florida's

 3  Graduates Program staff who operate in selected schools to

 4  fill necessary staff positions and shall provide for salary,

 5  benefits, discipline, evaluation, or discharge according to a

 6  contractual agreement. These positions shall not be state

 7  employee positions.

 8         (9)  DISTRIBUTION OF EARNINGS ON ENDOWMENT FUND

 9  PRINCIPAL.--The board shall use the moneys in the operating

10  account, by whatever means, to provide for:

11         (a)  Planning, research, and policy development for

12  issues related to school-to-work transition and publications

13  and dissemination of such information as may serve the

14  objectives of this section.

15         (b)  Promotion of initiatives for school-to-work

16  transition.

17         (c)  Funding of programs which engage in, contract for,

18  foster, finance, or aid in job training and counseling for

19  school-to-work transition research, education, or

20  demonstration, or other related activities.

21         (d)  Funding of programs which engage in, contract for,

22  foster, finance, or aid in activities designed to advance

23  better public understanding and appreciation of the

24  school-to-work transition.

25         (10)  STARTUP FUNDING.--Notwithstanding any provision

26  of this section to the contrary, in order to provide for first

27  year startup funds, 50 percent of the money allocated during

28  the 12-month period beginning July 1, 1998, shall not be

29  available for investment by the State Board of Administration,

30  but shall be transmitted quarterly to the foundation board and

31  shall be available to the foundation for the purposes set

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    





 1  forth in this section.

 2         (8)(11)  ACCREDITATION.--During the initial 5-year

 3  period, The board shall request and contract with the national

 4  accreditation process of Jobs for America's Graduates, Inc.,

 5  to ensure the viability and efficacy of the individual

 6  school-based Jobs for Florida's Graduates programs in the

 7  state.

 8         (9)(12)  ANNUAL AUDIT.--The board shall cause an annual

 9  audit of the foundation's financial accounts to be conducted

10  by an independent certified public accountant in accordance

11  with rules adopted by the department.  The annual audit report

12  shall be submitted to the Auditor General and the department

13  for review.  The Auditor General and the department may

14  require and receive from the foundation, or from its

15  independent auditor, any relevant detail or supplemental data.

16         (10)(13)  ASSESSMENT OF PROGRAM RESULTS.--The success

17  of the Jobs for Florida's Graduates Program shall be assessed

18  as follows:

19         (a)  No later than November 1 of each year of the Jobs

20  for Florida's Graduates Program, Jobs for America's Graduates,

21  Inc., shall conduct and deliver to the Office of Program

22  Policy Analysis and Government Accountability a full review

23  and report of the program's activities.  The Office of Program

24  Policy Analysis and Government Accountability shall audit and

25  review the report and deliver the report, along with its

26  analysis and any recommendations for expansion, curtailment,

27  modification, or continuation, to the board not later than

28  December 31 of the same year.

29         (b)  Beginning in the first year of the Jobs for

30  Florida's Graduates Program, the Division of Economic and

31  Demographic Research of the Joint Legislative Management

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    





 1  Committee shall undertake, during the initial phase, an

 2  ongoing longitudinal study of participants to determine the

 3  overall efficacy of the program.  The division shall transmit

 4  its findings each year to the Office of Program Policy

 5  Analysis and Government Accountability for inclusion in the

 6  report provided for in paragraph (a).

 7         (11)(14)  ANNUAL REPORT.--The board shall issue a

 8  report to the Governor, the President of the Senate, the

 9  Speaker of the House of Representatives, and the Commissioner

10  of Education by March 1, 2000, and each year thereafter,

11  summarizing the performance of the endowment fund for the

12  previous fiscal year and the foundation's fundraising

13  activities and performance and detailing those activities and

14  programs supported by the earnings on the endowment principal

15  or by bequests, gifts, grants, donations, and other valued

16  goods and services received.

17         (12)(15)  RULES.--The department shall adopt promulgate

18  rules to implement for the implementation of this section.

19         Section 14.  The State Board of Administration shall

20  transfer all principal and interest in the endowment fund, as

21  defined in s. 446.609, Florida Statutes, to the Board of

22  Directors of the Florida Endowment Foundation for Florida's

23  Graduates to be used for the Jobs for Florida's Graduates

24  Program as provided by law.

25         Section 15.  Section 3 of chapter 98-218, Laws of

26  Florida, is repealed.

27

28  (Redesignate subsequent sections.)

29

30

31

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 860

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 27, after the semicolon

 4

 5  insert:

 6         amending s. 446.609, F.S.; deleting a

 7         time-period limitation for the "Jobs for

 8         Florida's Graduates" school-to-work program;

 9         deleting provisions relating to an endowment

10         fund; revising certain provisions relating to

11         the members of the board of directors of the

12         Florida Endowment Foundation for Florida

13         Graduates; revising criteria for certain

14         outcome goals; deleting provisions relating to

15         distribution of earnings on the endowment fund;

16         deleting provisions relating to startup

17         funding; revising annual report requirements;

18         requiring the State Board of Administration to

19         transfer all principal and interest in the

20         endowment fund to the foundation's board of

21         directors for certain purposes; repealing s. 3,

22         ch. 98-218, Laws of Florida, relating to a

23         temporary pilot apprenticeship program;

24

25

26

27

28

29

30

31

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