Senate Bill sb1226e2
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1 A bill to be entitled
2 An act relating to workforce development;
3 amending s. 445.004, F.S.; specifying an
4 additional member of the board of directors of
5 Workforce Florida, Inc.; requiring certain
6 funds to be expended for after-school care
7 programs; prohibiting certain uses of such
8 funds; prescribing eligibility criteria for
9 certain organizations providing such programs;
10 amending s. 445.007, F.S.; providing
11 legislative intent relating to involving
12 certain persons in board activities; providing
13 legislative findings and intent; creating the
14 Digital Divide Council in the State Technology
15 Office; specifying membership; providing for
16 terms, filling vacancies, and compensation;
17 providing for council meetings and officers;
18 requiring the State Technology Office to
19 provide administrative and technical support;
20 providing powers and duties of the council;
21 authorizing design and implementation of
22 certain programs; providing program objectives
23 and goals; requiring the council to monitor,
24 review, and assess program performances;
25 requiring reports; providing an effective date.
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27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. Paragraph (a) of subsection (3) and
30 paragraph (a) of subsection (10) of section 445.004, Florida
31 Statutes, are amended to read:
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1 445.004 Workforce Florida, Inc.; creation; purpose;
2 membership; duties and powers.--
3 (3)(a) Workforce Florida, Inc., shall be governed by a
4 board of directors, the number of directors to be determined
5 by the Governor, whose membership and appointment must be
6 consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
7 contain one member representing the licensed nonpublic
8 postsecondary educational institutions authorized as
9 individual training account providers, one member from the
10 staffing service industry, at least one member who is a
11 current or former recipient of welfare transition services as
12 defined in s. 445.002(3) or workforce services as provided in
13 s. 445.009(1), and five representatives of organized labor who
14 shall be appointed by the Governor. Notwithstanding s.
15 114.05(1)(f), the Governor may appoint remaining members to
16 Workforce Florida, Inc., from the current Workforce
17 Development Board and the WAGES Program State Board of
18 Directors, established pursuant to chapter 96-175, Laws of
19 Florida, to serve on the reconstituted board. By July 1, 2000,
20 the Workforce Development Board will provide to the Governor a
21 transition plan to incorporate the changes required by this
22 act and Pub. L. No. 105-220, specifying the manner of changes
23 to the board. This plan shall govern the transition, unless
24 otherwise notified by the Governor. The importance of
25 minority, gender, and geographic representation shall be
26 considered when making appointments to the board.
27 (10) The workforce development strategy for the state
28 shall be designed by Workforce Florida, Inc., and shall be
29 centered around the strategies of First Jobs/First Wages,
30 Better Jobs/Better Wages, and High Skills/High Wages.
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1 (a) First Jobs/First Wages is the state's strategy to
2 promote successful entry into the workforce through education
3 and workplace experience that lead to self-sufficiency and
4 career advancement. The components of the strategy include
5 efforts that enlist business, education, and community support
6 for students to achieve long-term career goals, ensuring that
7 young people have the academic and occupational skills
8 required to succeed in the workplace. A minimum of 15 percent
9 of all Workforce Investment Act youth services funds shall be
10 expended for after-school care programs, through contracts
11 with qualified community-based organizations and faith-based
12 organizations, on an equal basis with other private
13 organizations, to provide after-school care programs to
14 eligible children 14 through 18 years of age. These programs
15 shall include academic tutoring, mentoring, and other
16 appropriate services. Similar services may be provided for
17 eligible children 6 through 13 years of age using Temporary
18 Assistance for Needy Families funds. Funds expended under this
19 paragraph may not be used for religious or sectarian purposes.
20 To provide after-school care programs under this paragraph, a
21 community-based organization or a faith-based organization
22 must be a nonprofit organization that holds a current
23 exemption from federal taxation under s. 501(c)(3) or (4) of
24 the Internal Revenue Code or must be a religious organization
25 that is not required to apply for recognition of its exemption
26 from federal taxation under s. 501(c)(3) of the Internal
27 Revenue Code.
28 Section 2. Subsection (1) of section 445.007, Florida
29 Statutes, is amended to read:
30 445.007 Regional workforce boards.--
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1 (1) One regional workforce board shall be appointed in
2 each designated service delivery area and shall serve as the
3 local workforce investment board pursuant to Pub. L. No.
4 105-220. The membership of the board shall be consistent with
5 Pub. L. No. 105-220, Title I, s. 117(b), and contain one
6 representative from a nonpublic postsecondary educational
7 institution that is an authorized individual training account
8 provider within the region and confers certificates and
9 diplomas, one representative from a nonpublic postsecondary
10 educational institution that is an authorized individual
11 training account provider within the region and confers
12 degrees, and three representatives of organized labor.
13 Individuals serving as members of regional workforce
14 development boards or local WAGES coalitions, as of June 30,
15 2000, are eligible for appointment to regional workforce
16 boards, pursuant to this section. It is the intent of the
17 Legislature that, whenever possible and to the greatest extent
18 practicable, membership of a regional workforce board include
19 persons who are current or former recipients of welfare
20 transition assistance as defined in s. 445.002(3) or workforce
21 services as provided in s. 445.009(1), or that such persons be
22 included as ex officio members of the board or of committees
23 organized by the board. The importance of minority and gender
24 representation shall be considered when making appointments to
25 the board. If the regional workforce board enters into a
26 contract with an organization or individual represented on the
27 board of directors, the contract must be approved by a
28 two-thirds vote of the entire board, and the board member who
29 could benefit financially from the transaction must abstain
30 from voting on the contract. A board member must disclose any
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1 such conflict in a manner that is consistent with the
2 procedures outlined in s. 112.3143.
3 Section 3. Legislative findings and intent; Digital
4 Divide Council; powers and duties; program objectives and
5 goals; review and assessment of program performances; annual
6 report.--
7 (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature
8 finds as follows:
9 (a) Frequent access to use of information technology
10 and possession of the knowledge and skills required to use
11 information technology productively is becoming increasingly
12 more important to being competitively qualified for
13 high-skill, high-wage employment.
14 (b) The availability of reasonable opportunities to
15 have frequent access to use of information technology and to
16 obtain the education and training necessary to acquire the
17 knowledge and skills required to use information technology
18 productively is critical to becoming competitively qualified
19 for high-skill, high-wage employment.
20 (c) Families that are living near or below the poverty
21 level are without adequate economic resources to have
22 reasonable opportunities to obtain frequent access to use of
23 information technology or the education and training necessary
24 to acquire the knowledge and skills required to become
25 competively qualified for high-skill, high-wage employment.
26 (d) The absence of such economic resources divides
27 such families from those who have adequate economic resources
28 to have such opportunities, places such families at risk of
29 never realizing their employment and income earning potential,
30 and prevents the state's economy from prospering to the extent
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1 possible if such families realized their employment and income
2 earning potential.
3 (e) The divide between the members of such at-risk
4 families and those who have adequate economic resources to
5 have reasonable opportunities to obtain access to frequent use
6 of information technology and the education and training
7 necessary to acquire the knowledge and skills required to
8 become competitively qualified for high-skill, high-wage
9 employment could be reduced, and the economy of the state
10 could be enhanced, by designing and implementing programs that
11 provide such opportunities to members of such at-risk
12 families.
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14 It is the intent of the Legislature to provide the authority
15 and resources reasonably necessary to facilitate design and
16 implementation of such programs.
17 (2) DIGITAL DIVIDE COUNCIL.--The Digital Divide
18 Council is created in the State Technology Office. The council
19 shall consist of:
20 (a) The chief information officer in the State
21 Technology Office.
22 (b) The director of the Office of Tourism, Trade, and
23 Economic Development in the Executive Office of the Governor.
24 (c) The president of Workforce Florida, Inc.
25 (d) The director of the Agency for Workforce
26 Innovation.
27 (e) The chair of itflorida.com, Inc.
28 (f) The Commissioner of Education.
29 (g) The executive director of the State Board of
30 Community Colleges.
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1 (h) The executive director of the State Board for
2 Career Education.
3 (i) The chair of the Network Access Point of the
4 Americas.
5 (j) A representative of the information technology
6 industry in this state appointed by the Speaker of the House
7 of Representatives.
8 (k) A representative of the information technology
9 industry in this state appointed by the President of the
10 Senate.
11 (l) Two members of the House of Representatives, who
12 shall be ex officio, nonvoting members of the council,
13 appointed by the Speaker of the House of Representatives, one
14 of whom shall be a member of the Republican caucus and the
15 other of whom shall be a member of the Democratic caucus.
16 (m) Two members of the Senate, who shall be ex
17 officio, nonvoting members of the council, appointed by the
18 President of the Senate, one of whom shall be a member of the
19 Republican caucus and the other of whom shall be a member of
20 the Democratic caucus.
21 (3) TERMS OF APPOINTED MEMBERS OF COUNCIL; VACANCIES;
22 COMPENSATION OF MEMBERS.--The appointed members of the council
23 shall serve an initial term of 1 year commencing July 1, 2001,
24 and ending June 30, 2002, and successor appointees shall serve
25 a term of 2 years, the first of which shall commence July 1,
26 2002, and end June 30, 2004. Successive 2-year terms shall
27 commence and end on the same schedule in subsequent years. Any
28 vacancy in the membership of the council resulting from
29 resignation, incapacity, or death shall be filled within 30
30 days after the date the vacancy is effective. The appointed
31 members of the council shall serve without compensation, but
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1 such appointees and the other members of the council shall be
2 entitled to receive per diem and reimbursement for travel
3 expenses as provided in section 112.061, Florida Statutes.
4 Payment of such per diem and reimbursement of such travel
5 expenses may be made from appropriations authorized to be used
6 for such purposes.
7 (4) COUNCIL MEETINGS; ELECTION OF OFFICERS.--The
8 council shall conduct its initial meeting by August 1, 2001,
9 and shall meet thereafter at least once every 60 days. In its
10 initial meeting, the members of the council shall elect a
11 member to serve as chair and another to serve as vice chair,
12 each for a term of 1 year from the date of the election. Any
13 vacancy in the offices of chair and vice chair resulting from
14 resignation, incapacity, or death shall be filled by similar
15 election within 30 days after the date the vacancy is
16 effective.
17 (5) ADMINISTRATIVE AND TECHNICAL SUPPORT; PAYMENT OF
18 SUPPORT COSTS.--The State Technology Office shall provide such
19 administrative and technical support to the council as is
20 reasonably necessary for the council to effectively and timely
21 carry out its duties and responsibilities. All direct and
22 indirect costs of providing such support and performing the
23 other duties assigned to the State Technology Office related
24 to design and implementation of the programs authorized by
25 this section may be paid from appropriations authorized to be
26 used for such purposes.
27 (6) POWERS AND DUTIES OF COUNCIL.--The council,
28 through the State Technology Office, is authorized and
29 empowered to facilitate the design and implementation of
30 programs that are aimed at achieving the objectives and goals
31 stated in this section. The State Technology Office shall
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1 present and demonstrate to the council the design
2 characteristics and functional elements of each program
3 proposed to be implemented to achieve the objectives and goals
4 stated in this section and each such program shall be reviewed
5 and approved by the council before being implemented. Such
6 programs shall initially be implemented as pilot programs in a
7 minimum of six different areas of the state to develop model
8 programs that are likely to be successful if implemented
9 throughout the state. The areas of the state where the pilot
10 programs are implemented shall be selected by the council with
11 the objectives of testing the merits of the programs in each
12 geographic region of the state and providing equal exposure of
13 the programs to urban and rural communities alike.
14 Implementation of all such pilot and model programs shall be
15 administered by and through the local workforce development
16 boards and each such board shall coordinate and confirm the
17 ready availability and timely delivery of all elements of such
18 programs to ensure the highest probability of such programs
19 achieving their intended results.
20 (7) PROGRAM OBJECTIVES AND GOALS.--The programs
21 authorized by this section shall have the following objectives
22 and goals:
23 (a) Maximizing efficient and productive use of
24 existing facilities, equipment, personnel, programs, and funds
25 available from federal, state, and local government agencies
26 and from any private person or entity.
27 (b) Using innovative concepts employing newly
28 developed technologies in educating and training those who are
29 enrolled in the programs authorized by this section.
30 (c) Developing viable partnerships between public
31 agencies and private persons and entities based on mutual
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1 commitment to responsible and dedicated participation in
2 designing and implementing the programs authorized by this
3 section.
4 (d) Recruiting, enrolling, retaining, and graduating
5 as many at-risk family members as feasible to ensure that they
6 have reasonable opportunities to obtain access to frequent use
7 of information technology and the education and training
8 necessary to competitively qualify them for high-skill,
9 high-wage employment.
10 (e) Reducing the number of underachieving and failing
11 students in the state's public school systems who are members
12 of at-risk families.
13 (f) Reducing the number of underemployed and
14 unemployed members of at-risk families.
15 (g) Using information technology to facilitate
16 achievement of the Sunshine State Standards by all children
17 enrolled in the state's K-12 school system who are members of
18 at-risk families.
19 (h) Training teachers in the state's K-12 school
20 system to efficiently and effectively use information
21 technology to plan, teach, and administer all courses of
22 instruction required and available by election of children
23 enrolled in the system.
24 (i) Using information technology to enable members of
25 at-risk families who are no longer enrolled in K-12 schools to
26 obtain the education needed to achieve successful completion
27 of general education development test preparation to earn a
28 high school diploma, an applied technology diploma, a
29 vocational certificate, an associate of arts degree, or a
30 baccalaureate degree.
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1 (j) Bridge the digital divide in developing a
2 competitive workforce to meet the employment needs of
3 state-based information technology businesses and establish
4 this state as having the most information technology ready
5 workforce in the western hemisphere.
6 (8) MONITORING, REVIEWING, AND EVALUATING PROGRAM
7 PERFORMANCES; REPORTING RESULTS.--The council, through the
8 State Technology Office, shall continually monitor, review,
9 and evaluate the progress of performances realized from
10 implementation of the programs authorized by this section. The
11 State Technology Office shall prepare and submit a report to
12 the council at least 10 days before each of its meetings
13 subsequent to its initial meeting and each such report shall,
14 at a minimum, identify and describe the functional elements of
15 each program being implemented and identify and describe the
16 facilities, equipment, personnel, programs, and funds used to
17 design and implement the program. For each such program, the
18 report shall also identify by name, address, age, and sex the
19 school-age children, and their older siblings and parents, who
20 are enrolled in the program, state the educational level
21 achieved by each enrollee as of the date he or she enrolled in
22 the program, state the attendance and achievement level
23 recorded for each enrollee in the program, evaluate the
24 progress each enrollee is making toward successful completion
25 of the program, and identify by name, address, age, and sex
26 each enrollee who successfully completes the program. For each
27 such program that is designed to prepare enrollees for
28 high-skill, high-wage employment, the report shall identify
29 each enrollee who successfully completes the program, describe
30 each such employment position for which each enrollee has
31 applied, identify by name, address, and nature of business
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1 each employer based in this state to whom each such
2 application for employment has been addressed, state the
3 results each enrollee obtained from making each such
4 application, and describe the nature of any employment
5 obtained and terms of compensation being earned from such
6 employment by each enrollee as a result of making such
7 applications.
8 (9) ANNUAL REPORT.--By March 1, 2002, the council,
9 through the State Technology Office, shall report to the
10 Executive Office of the Governor, the Speaker of the House of
11 Representatives, and the President of the Senate the results
12 of the council's monitoring, reviewing, and evaluating such
13 programs since their inception and the council's
14 recommendations as to whether such programs should be
15 continued and expanded to achieve the objectives and goals
16 stated in this section.
17 Section 4. This act shall take effect upon becoming a
18 law.
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