Senate Bill sb1090er

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    2004 Legislature                                CS for SB 1090



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  2         An act relating to apprenticeship training;

  3         amending ss. 446.011, 446.021, 446.032, and

  4         446.041, F.S.; conforming provisions to the

  5         deletion of the Division of Workforce

  6         Development of the Department of Education;

  7         reassigning the division's duties governing

  8         apprenticeship training and programs to the

  9         department; amending s. 446.045, F.S.; revising

10         provisions governing the State Apprenticeship

11         Advisory Council; deleting a requirement that

12         the Governor appoint two nominating committees

13         for the purpose of filling vacancies on the

14         council; requiring the Governor to appoint

15         certain members to the council representing

16         sponsors of joint employee organizations and

17         nonjoint employer organizations; conforming

18         provisions to the deletion of the Division of

19         Workforce Development of the Department of

20         Education; reassigning the division's duties

21         governing apprenticeship training and programs

22         to the department; amending ss. 446.052,

23         446.061, 446.071, 446.075, and 446.081, F.S.;

24         conforming provisions to the deletion of the

25         Division of Workforce Development of the

26         Department of Education; reassigning the

27         division's duties governing apprenticeship

28         training and programs to the department;

29         amending s. 446.091, F.S.; conforming

30         provisions to the deletion of the Division of

31         Jobs and Benefits of the former Department of


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    2004 Legislature                                CS for SB 1090



 1         Labor and Employment Security; limiting the

 2         application of the act; providing an effective

 3         date.

 4  

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

 6  

 7         Section 1.  Subsections (2) and (3) of section 446.011,

 8  Florida Statutes, are amended to read:

 9         446.011  Legislative intent regarding apprenticeship

10  training.--

11         (2)  It is the intent of the Legislature that the

12  Division of Workforce Development of the Department of

13  Education have responsibility for the development of the

14  apprenticeship and preapprenticeship uniform minimum standards

15  for the apprenticeable trades and that the Division of

16  Workforce Development of the department of Education have

17  responsibility for assisting district school boards and

18  community college district boards of trustees in developing

19  preapprenticeship programs.

20         (3)  It is the further intent of ss. 446.011-446.092

21  that the department Division of Workforce Development ensure

22  quality training through the adoption and enforcement of

23  uniform minimum standards and that the department Bureau of

24  Apprenticeship promote, register, monitor, and service

25  apprenticeship and training programs and ensure that the such

26  programs adhere to the standards.

27         Section 2.  Section 446.021, Florida Statutes, is

28  amended to read:

29         446.021  Definitions of terms used in ss.

30  446.011-446.092.--As used in ss. 446.011-446.092, the term

31  


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    2004 Legislature                                CS for SB 1090



 1  following words and terms shall have the following meanings

 2  unless the context clearly indicates otherwise:

 3         (1)  "Preapprentice" means any person 16 years of age

 4  or over engaged in any course of instruction in the public

 5  school system or elsewhere, which course is registered as a

 6  preapprenticeship program with the Division of Workforce

 7  Development of the department of Education.

 8         (2)  "Apprentice" means a person at least 16 years of

 9  age who is engaged in learning a recognized skilled trade

10  through actual work experience under the supervision of

11  journeymen craftsmen, which training should be combined with

12  properly coordinated studies of related technical and

13  supplementary subjects, and who has entered into a written

14  agreement, which may be cited as hereinafter called an

15  apprentice agreement, with a registered apprenticeship sponsor

16  who may be either an employer, an association of employers, or

17  a local joint apprenticeship committee.

18         (3)  "Trainee" means a person at least 16 years of age

19  who is engaged in learning a specific skill, trade, or

20  occupation within a formalized, on-the-job training program.

21         (4)  "Journeyman" means a person working in an

22  apprenticeable occupation who has successfully completed a

23  registered apprenticeship program or who has worked the number

24  of years required by established industry practices for the

25  particular trade or occupation.

26         (5)  "Preapprenticeship program" means an organized

27  course of instruction in the public school system or

28  elsewhere, which course is designed to prepare a person 16

29  years of age or older to become an apprentice and which course

30  is approved by and registered with the department Bureau of

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    2004 Legislature                                CS for SB 1090



 1  Apprenticeship of the Division of Workforce Development and

 2  sponsored by a registered apprenticeship program.

 3         (6)  "Apprenticeship program" means an organized course

 4  of instruction, registered and approved by the department

 5  division, which course shall contain all terms and conditions

 6  for the qualifications, recruitment, selection, employment,

 7  and training of apprentices including such matters as the

 8  requirements for a written apprenticeship agreement.

 9         (7)  "On-the-job training program" means a formalized

10  system of job processes which may be augmented by related

11  instruction that provides the experience and knowledge

12  necessary to meet the training objective of learning a

13  specific skill, trade, or occupation. The Such training

14  program must shall be at least 6 months and not more than 2

15  years in duration and must shall be registered with the

16  department division.

17         (8)  "Uniform minimum preapprenticeship standards"

18  means the minimum requirements established uniformly for each

19  craft under which a preapprenticeship program is administered

20  and includes standards of admission, training goals, training

21  objectives, curriculum outlines, objective standards to

22  measure successful completion of the preapprenticeship

23  program, and the percentage of credit which that may be given

24  to preapprenticeship graduates upon acceptance into the

25  apprenticeship program.

26         (9)  "Related instruction" means an organized and

27  systematic form of instruction designed to provide the

28  apprentice with knowledge of the theoretical subjects related

29  to a specific trade or occupation.

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 1         (10)  "Cancellation" means the deregistration of an

 2  apprenticeship program or the termination of an apprenticeship

 3  agreement.

 4         (11)  "Jurisdiction" means the specific geographical

 5  area for which a particular program is registered.

 6         (12)  "Department Division" means the Division of

 7  Workforce Development of the Department of Education.

 8         (13)  "Director" means the director of the Division of

 9  Workforce Development.

10         Section 3.  Section 446.032, Florida Statutes, is

11  amended to read:

12         446.032  General duties of the department for division

13  with respect to apprenticeship training.--The department

14  Division of Workforce Development shall:

15         (1)  Establish uniform minimum standards and policies

16  governing apprentice programs and agreements. The Such

17  standards and policies shall govern the terms and conditions

18  of the apprentice's employment and training, including the

19  quality training of the apprentice for with respect to, but

20  not limited to, such matters as ratios of apprentices to

21  journeymen, safety, related instruction, and on-the-job

22  training; but these such standards and policies may shall not

23  include rules, standards, or guidelines that require the use

24  of apprentices and job trainees on state, county, or municipal

25  contracts.  The department division may adopt rules as

26  necessary to administer the carry out such standards and

27  policies.

28         (2)  Establish procedures to be used by the State

29  Apprenticeship Advisory Council.

30         (3)  Establish a Bureau of Apprenticeship pursuant to

31  the instructions of the Commissioner of Education.


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 1         Section 4.  Section 446.041, Florida Statutes, is

 2  amended to read:

 3         446.041  Apprenticeship program, duties of the

 4  department division.--The department Division of Workforce

 5  Development shall:

 6         (1)  Administer the provisions of ss. 446.011-446.092.

 7         (2)  Administer the standards established by the

 8  department division.

 9         (3)  Register in accordance with this chapter any

10  apprenticeship or preapprenticeship program, regardless of

11  affiliation, which meets standards established by the

12  department division.

13         (4)  Investigate complaints concerning the failure of

14  any registered program to meet the standards established by

15  the department division.

16         (5)  Cancel the registration of any program that fails

17  to comply with the standards and policies of the department

18  division or that unreasonably fails or refuses to cooperate

19  with the department division in monitoring and enforcing

20  compliance with the such standards.

21         (6)  Develop and encourage apprenticeship programs.

22         (7)  Cooperate with and assist local apprenticeship

23  sponsors in the development of their apprenticeship standards

24  and training requirements.

25         (8)  Encourage registered apprenticeship programs to

26  grant consideration and credit to individuals completing

27  registered preapprenticeship programs.

28         (9)  Monitor registered apprenticeship programs to

29  ensure that they are being operated in compliance with all

30  applicable standards.

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 1         (10)  Supervise all apprenticeship programs that which

 2  are registered with the department division.

 3         (11)  Ensure that minority and gender diversity are

 4  considered in administering this program.

 5         (12)  Adopt rules as required to administer implement

 6  ss. 446.011-446.092.

 7         Section 5.  Section 446.045, Florida Statutes, is

 8  amended to read:

 9         446.045  State Apprenticeship Advisory Council.--

10         (1)  As used in For the purposes of this section, the

11  term:

12         (a)  "Joint employee organization" means an

13  apprenticeship sponsor who participates in a collective

14  bargaining agreement and represents employees.

15         (b)  "Nonjoint employer organization" means an

16  apprenticeship sponsor who does not participate in a

17  collective bargaining agreement and who represents management.

18         (2)(a)  There is created a State Apprenticeship

19  Advisory Council to be composed of 10 voting 13 members

20  appointed by the Governor and two ex officio nonvoting

21  members, which shall be advisory to the Division of Workforce

22  Development. The purpose of the advisory council is to advise

23  the department division and the council on matters relating to

24  apprenticeship.  The advisory council may not establish

25  policy, adopt rules, or consider whether particular

26  apprenticeship programs should be approved by the department

27  division.

28         (b)  The Commissioner of Education division director or

29  the commissioner's division director's designee shall serve be

30  ex officio as chair of the State Apprenticeship Advisory

31  Council, but may not vote. The state director of the Bureau of


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 1  Apprenticeship and Training of the United States Department of

 2  Labor shall serve ex officio as be appointed a nonvoting

 3  member of the council. The Governor shall appoint two

 4  three-member committees for the purpose of nominating

 5  candidates for appointment to the council.  One nominating

 6  committee shall be composed of joint employee organization

 7  representatives, and the other nominating committee shall be

 8  composed of nonjoint employer organization representatives.

 9  The joint employee organization nominating committee shall

10  submit to the Governor the names of three persons for each

11  vacancy occurring among the joint employee organization

12  members on the council, and the nonjoint employer organization

13  nominating committee likewise shall submit to the Governor the

14  names of three persons for each vacancy occurring among the

15  nonjoint employer organization members on the council. The

16  Governor shall appoint to the council five members

17  representing sponsors of joint employee organizations and five

18  members representing sponsors of nonjoint employer

19  organizations from the candidates nominated for each position

20  by the respective nominating committees.  Each member shall

21  represent industries that which have registered apprenticeship

22  programs or in which a need for apprenticeship programs has

23  been demonstrated.  Initially, the Governor shall appoint four

24  members for terms of 4 years, two members for terms of 3

25  years, two members for terms of 2 years, and two members for

26  terms of 1 year. Thereafter, Members shall be appointed for

27  4-year staggered terms.  A vacancy shall be filled for the

28  remainder of the unexpired term.

29         (c)  The council shall meet at the call of the chair or

30  at the request of a majority of its membership, but at least

31  twice a year.  A majority of the voting members shall


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 1  constitute a quorum, and the affirmative vote of a majority of

 2  a quorum is necessary to take action.

 3         (d)  The Governor may remove any member for cause.

 4         (e)  The council shall maintain minutes of each

 5  meeting. The department division shall keep on file the

 6  minutes of each meeting and shall make the such minutes

 7  available to any interested person.

 8         (f)  Members of the council shall serve without

 9  compensation, but are shall be entitled to receive

10  reimbursement for per diem and travel expenses as provided in

11  s. 112.061.

12         Section 6.  Subsections (2) and (3) of section 446.052,

13  Florida Statutes, are amended to read:

14         446.052  Preapprenticeship program.--

15         (2)  The Division of Workforce Development of the

16  department of Education, under regulations established by the

17  State Board of Education, may is authorized to administer the

18  provisions of ss. 446.011-446.092 which that relate to

19  preapprenticeship programs in cooperation with district school

20  boards and community college district boards of trustees.

21  District school boards, community college district boards of

22  trustees, and registered program sponsors shall cooperate in

23  developing and establishing programs that include vocational

24  instruction and general education courses required to obtain a

25  high school diploma.

26         (3)  The department Division of Workforce Development,

27  the district school boards, and the community college district

28  boards of trustees shall work together with existing

29  registered apprenticeship programs in order so that

30  individuals completing the such preapprenticeship programs may

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 1  be able to receive credit towards completing a registered

 2  apprenticeship program.

 3         Section 7.  Section 446.061, Florida Statutes, is

 4  amended to read:

 5         446.061  Expenditures.--The Division of Workforce

 6  Development of the department of Education shall make

 7  necessary expenditures from the appropriation provided by law

 8  for personal services, travel, printing, equipment, office

 9  space, and supplies as provided by law.

10         Section 8.  Section 446.071, Florida Statutes, is

11  amended to read:

12         446.071  Apprenticeship sponsors.--

13         (1)  One or more local apprenticeship sponsors shall be

14  approved in any trade or group of trades by the Division of

15  Workforce Development of the department of Education, upon a

16  determination of need, if provided the apprenticeship sponsor

17  meets all of the standards established by the department

18  division. The term "need" refers to the need of state

19  residents for apprenticeship training. In the absence of proof

20  to the contrary, it shall be presumed that there is need for

21  apprenticeship and preapprenticeship training in each county

22  in this state.

23         (2)  A local apprenticeship sponsor may be a committee,

24  a group of employers, an employer, or a group of employees, or

25  any combination thereof.

26         (3)  The department may division has authority to grant

27  a variance from the standards upon a showing of good cause for

28  the such variance by program sponsors in nonconstruction

29  trades.  The purpose of this subsection provision is to

30  recognize the unique and varying training requirements in

31  nontraditional apprenticeable occupations and to authorize the


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 1  department division and bureau to adapt the standards to the

 2  needs of the such programs.

 3         Section 9.  Section 446.075, Florida Statutes, is

 4  amended to read:

 5         446.075  Federal and state cooperation.--The Division

 6  of Workforce Development of the department of Education may

 7  contract make and enter into contracts with the United States

 8  Department of Labor, and may assume other functions and duties

 9  as are necessary for the department division to serve as

10  registration agent for federal apprenticeship registration

11  purposes, except that the department division may not enforce

12  any federal apprenticeship requirement unless the department

13  division first adopts the such requirement as a rule.  All

14  rules adopted and administrative hearings afforded by the

15  department division under this section must be in accordance

16  with the requirements of chapter 120.

17         Section 10.  Subsection (3) of section 446.081, Florida

18  Statutes, is amended to read:

19         446.081  Limitation.--

20         (3)  Any person aggrieved by any determination or act

21  of the department has division shall have the right to an

22  administrative hearing.

23         Section 11.  Section 446.091, Florida Statutes, is

24  amended to read:

25         446.091  On-the-job training program.--All provisions

26  of ss. 446.011-446.092 relating to apprenticeship and

27  preapprenticeship, including, but not limited to, programs,

28  agreements, standards, administration, procedures,

29  definitions, expenditures, local committees, powers and

30  duties, limitations, grievances, and; ratios of apprentices

31  and job trainees to journeymen on state, county, and municipal


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 1  contracts,; and functions of the Division of Jobs and Benefits

 2  shall be appropriately adapted and made applicable to a

 3  program of on-the-job training hereby authorized under those

 4  provisions for persons other than apprentices.

 5         Section 12.  The amendments made by this act to section

 6  446.045, Florida Statutes, shall apply prospectively to

 7  appointments that fill current and future vacancies on the

 8  State Apprenticeship Advisory Council. These amendments do not

 9  affect the terms of members or remove a member serving on the

10  advisory council before the effective date of this act.

11         Section 13.  This act shall take effect upon becoming a

12  law.

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