Senate Bill sb1498

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    Florida Senate - 2001                                  SB 1498

    By Senator Garcia





    39-911-01                                           See HB 313

  1                      A bill to be entitled

  2         An act relating to job training; amending s.

  3         446.609, F.S.; deleting a time-period

  4         limitation for the "Jobs for Florida's

  5         Graduates" school-to-work program; deleting

  6         provisions relating to an endowment fund;

  7         revising certain provisions relating to the

  8         members of the board of directors of the

  9         Florida Endowment Foundation for Florida

10         Graduates; revising criteria for certain

11         outcome goals; deleting provisions relating to

12         distribution of earnings on the endowment fund;

13         deleting provisions relating to startup

14         funding; revising annual report requirements;

15         requiring the State Board of Administration to

16         transfer all principal and interest in the

17         endowment fund to the foundation's board of

18         directors for certain purposes; repealing s. 3,

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

20         temporary pilot apprenticeship program;

21         providing an effective date.

22

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

24

25         Section 1.  Section 446.609, Florida Statutes, is

26  amended to read:

27         446.609  Jobs for Florida's Graduates Act.--

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

29  "Jobs for Florida's Graduates Act."

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

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    Florida Senate - 2001                                  SB 1498
    39-911-01                                           See HB 313




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

  2  Florida Endowment Foundation for Florida's Graduates.

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

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

  5  within the Florida Endowment Foundation for Florida's

  6  Graduates to provide a continuing and growing source of

  7  revenue for school-to-work transition efforts.

  8         (d)  "Foundation" means the Florida Endowment

  9  Foundation for Florida's Graduates.

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

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

12  section.

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

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

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

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

17  Legislature to meet the challenge of ensuring a skilled

18  workforce by creating a formal program to facilitate the

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

20  funding to achieve this goal.  Accordingly, the Legislature

21  finds and declares that:

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

23  participation and funding potential for further significant

24  support for Florida students who are approaching the

25  transition from school to work.

26         (b)  It is appropriate to encourage individual and

27  corporate support and involvement, as well as state support

28  and involvement, to promote employment opportunities for

29  Florida's students.

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

31  5-year period, a school-to-work program to be known as Jobs

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    Florida Senate - 2001                                  SB 1498
    39-911-01                                           See HB 313




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

  2  phase set forth in this section and except as otherwise

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

  4  operated in accordance with the process and outcome standards

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

  6  shall enter into a sponsoring agreement with Jobs for

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

  8  Graduates model within the state.

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

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

11  25 nor more than 50 high schools in the state to be chosen by

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

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

14  the 2001-2002 school year.

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

16  the program must represent a demographically balanced sample

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

18  comprised of schools, including charter schools, in all

19  geographic areas of the state.  Each school selected to

20  participate shall enter into a formal written agreement with

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

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

23  5-year Jobs for Florida's Graduates Program.

24         (c)  Students shall be selected and approved for

25  participation in the program by the educational institutions

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

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

28  students pursuant to the Jobs for America's Graduates model.

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

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

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

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    Florida Senate - 2001                                  SB 1498
    39-911-01                                           See HB 313




  1  foundation in accordance with rules promulgated by the

  2  department.

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

  4  of legislative appropriations that are made to the endowment

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

  6  solicited from public or private sources by the foundation.

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

  8  reinvest moneys of the endowment fund principal in accordance

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

10  investment income earned on the endowment fund principal shall

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

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

13  deposited in the foundation's operating account for

14  distribution as provided in this section.

15         (5)(6)  THE FLORIDA ENDOWMENT FOUNDATION FOR FLORIDA'S

16  GRADUATES.--

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

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

19  Department of Education to encourage public and private

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

21  direct-support organization, the foundation shall operate

22  under contract with the department and shall be:

23         1.  A Florida corporation not for profit which is

24  incorporated under the provisions of chapter 617 and approved

25  by the Department of State.

26         2.  Organized and operated exclusively to do the

27  following:  raise funds; submit requests and receive grants

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

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

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

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    Florida Senate - 2001                                  SB 1498
    39-911-01                                           See HB 313




  1  transition programs approved by the board of directors of the

  2  foundation.

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

  4  shall:

  5         1.  Develop articles of incorporation.

  6         2.  Create a board of directors appointed by the

  7  Commissioner of Education.

  8         3.  Perform an annual financial and performance review

  9  to determine if the foundation is operating in a manner

10  consistent with the goals of the Legislature in providing

11  assistance for school-to-work transitions.

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

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

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

15  dissolved.

16         (6)(7)  BOARD OF DIRECTORS.--The foundation shall be

17  administered by a board of directors, as follows:

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

19  majority of which shall. At least 9 of the 15 members must be

20  from the private sector, and the remaining members may be from

21  the public sector. Among the public sector members,

22  representation shall come from secondary education, vocational

23  education, and job-training programs such as Job Education

24  Partnership. The chair shall may be from either the private

25  sector or the public sector.

26         (b)  All members shall have an interest in

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

28  shall:

29         1.  Have skills in foundation work or other fundraising

30  activities, financial consulting, or investment banking or

31  other related experience; or

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    Florida Senate - 2001                                  SB 1498
    39-911-01                                           See HB 313




  1         2.  Have experience in policymaking or senior

  2  management level positions or have distinguished themselves in

  3  the fields of education, business, or industry.

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

  5  be appointed by the Commissioner of Education. Effective July

  6  1, 2001, all reappointments shall be made by a membership

  7  committee comprised of current board members.

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

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

10  6 consecutive years.

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

12  until resignation or removal for cause, except that members

13  appointed to serve initial terms shall be appointed for

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

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

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

17  member shall be appointed.

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

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

20  The commissioner may remove any member from office for

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

22  permanent inability to perform official duties or for pleading

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

24         (7)(8)  ORGANIZATION, POWERS, AND DUTIES.--Within the

25  limits prescribed in this section or by rule of the

26  department:

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

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

29  are necessary to implement the provisions of this section and

30  shall conduct its business in accordance with rules

31  promulgated by the department.

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    Florida Senate - 2001                                  SB 1498
    39-911-01                                           See HB 313




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

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

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

  4  purpose or purposes stated by the donor.

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

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

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

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

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

10  this section.

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

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

13  or any public agency of state or local government.

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

15  organized and operated exclusively for charitable,

16  educational, or scientific purposes.

17         3.  To the department for purposes of program

18  recognition and marketing, public relations and education,

19  professional development, and technical assistance and

20  workshops for grant applicants and recipients and the business

21  community.

22         (f)  The board may advertise and solicit applications

23  for funding and shall evaluate applications and program

24  proposals submitted thereto.

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

26  evaluate funded programs to determine whether funding should

27  be continued, terminated, reduced, or increased.

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

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

30  of this section.

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    Florida Senate - 2001                                  SB 1498
    39-911-01                                           See HB 313




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

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

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

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

  5         1.  In year 1:

  6         a.  The statewide graduation rates, or GED test

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

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

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

10  which the participants' respective high school classes

11  graduated.

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

13  of the academic year in which the participants' respective

14  high school classes graduated, 70 to 75 percent of graduated

15  working participants in the Jobs for Florida's Graduates

16  Program shall be employed full time a minimum of 40 hours per

17  week in the civilian sector or the military or enrolled in

18  postsecondary training education, or any combination of these

19  that together are equivalent to full time 40 hours per week.

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

21  of the academic year in which the participants' respective

22  high school classes graduated, the average wage of graduated

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

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

25  all participants in programs affiliated with Jobs for

26  America's Graduates, Inc.

27         2.  In year 2:

28         a.  The statewide graduation rates, or GED test

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

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

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

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    Florida Senate - 2001                                  SB 1498
    39-911-01                                           See HB 313




  1  which the participants' respective high school classes

  2  graduated.

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

  4  of the academic year in which the participants' respective

  5  high school classes graduated, 75 to 78 percent of graduated

  6  working participants in the Jobs for Florida's Graduates

  7  Program shall be employed full time a minimum of 40 hours per

  8  week in the civilian sector or the military or enrolled in

  9  postsecondary training education, or any combination of these

10  that together are equivalent to full time 40 hours per week.

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

12  of the academic year in which the participants' respective

13  high school classes graduated, the average wage of graduated

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

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

16  all participants in programs affiliated with Jobs for

17  America's Graduates, Inc.

18         3.  In years 3 through 5:

19         a.  The statewide graduation rates, or GED test

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

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

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

23  which the participants' respective high school classes

24  graduated.

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

26  of the academic year in which the participants' respective

27  high school classes graduated, 80 percent of graduated working

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

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

30  civilian sector or the military or enrolled in postsecondary

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    Florida Senate - 2001                                  SB 1498
    39-911-01                                           See HB 313




  1  training education, or any combination of these that together

  2  are equivalent to full time 40 hours per week.

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

  4  of the academic year in which the participants' respective

  5  high school classes graduated, the average wage of graduated

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

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

  8  all participants in programs affiliated with Jobs for

  9  America's Graduates, Inc.

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

11  including independently organizing and conducting hiring

12  practices, as are deemed necessary and appropriate to

13  administer the provisions of this section.  To the maximum

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

15  Graduates Program staff who operate in selected schools to

16  fill necessary staff positions and shall provide for salary,

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

18  contractual agreement. These positions shall not be state

19  employee positions.

20         (9)  DISTRIBUTION OF EARNINGS ON ENDOWMENT FUND

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

22  account, by whatever means, to provide for:

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

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

25  and dissemination of such information as may serve the

26  objectives of this section.

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

28  transition.

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

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

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    Florida Senate - 2001                                  SB 1498
    39-911-01                                           See HB 313




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

  2  demonstration, or other related activities.

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

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

  5  better public understanding and appreciation of the

  6  school-to-work transition.

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

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

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

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

11  available for investment by the State Board of Administration,

12  but shall be transmitted quarterly to the foundation board and

13  shall be available to the foundation for the purposes set

14  forth in this section.

15         (8)(11)  ACCREDITATION.--During the initial 5-year

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

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

18  to ensure the viability and efficacy of the individual

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

20  state.

21         (9)(12)  ANNUAL AUDIT.--The board shall cause an annual

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

23  by an independent certified public accountant in accordance

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

25  shall be submitted to the Auditor General and the department

26  for review.  The Auditor General and the department may

27  require and receive from the foundation, or from its

28  independent auditor, any relevant detail or supplemental data.

29         (10)(13)  ASSESSMENT OF PROGRAM RESULTS.--The success

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

31  as follows:

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    Florida Senate - 2001                                  SB 1498
    39-911-01                                           See HB 313




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

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

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

  4  Policy Analysis and Government Accountability a full review

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

  6  Policy Analysis and Government Accountability shall audit and

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

  8  analysis and any recommendations for expansion, curtailment,

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

10  December 31 of the same year.

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

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

13  Demographic Research of the Joint Legislative Management

14  Committee shall undertake, during the initial phase, an

15  ongoing longitudinal study of participants to determine the

16  overall efficacy of the program.  The division shall transmit

17  its findings each year to the Office of Program Policy

18  Analysis and Government Accountability for inclusion in the

19  report provided for in paragraph (a).

20         (11)(14)  ANNUAL REPORT.--The board shall issue a

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

22  Speaker of the House of Representatives, and the Commissioner

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

24  summarizing the performance of the endowment fund for the

25  previous fiscal year and the foundation's fundraising

26  activities and performance and detailing those activities and

27  programs supported by the earnings on the endowment principal

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

29  goods and services received.

30         (12)(15)  RULES.--The department shall adopt promulgate

31  rules to implement for the implementation of this section.

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    Florida Senate - 2001                                  SB 1498
    39-911-01                                           See HB 313




  1         Section 2.  The State Board of Administration shall

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

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

  4  Directors of the Florida Endowment Foundation for Florida's

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

  6  Program as provided by law.

  7         Section 3.  Section 3 of chapter 98-218, Laws of

  8  Florida, is repealed.

  9         Section 4.  This act shall take effect July 1, 2001.

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11            *****************************************

12                          HOUSE SUMMARY

13
      Revises the "Jobs for Florida's Graduates Act" to remove
14    provisions relating to a 5-year initial time period
      limitation and outcome goals specific to the 5-year
15    limitation period, an endowment fund and distributions of
      earnings from the fund, and startup funding. Repeals a
16    future legislative review provision and a temporary pilot
      apprenticeship program. See bill for details.
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