Senate Bill sb0508

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    Florida Senate - 2004                                   SB 508

    By Senator Wise





    5-673-04

  1                      A bill to be entitled

  2         An act relating to the Jobs for Florida's

  3         Graduates Act; amending s. 446.609, F.S.;

  4         deleting provisions authorizing the Department

  5         of Education and the Commissioner of Education

  6         to oversee the activities of the board of

  7         directors of the Florida Endowment Foundation

  8         for Florida's Graduates; revising the selection

  9         criteria for schools chosen to participate in

10         the program; revising the goals of the Jobs for

11         Florida's Graduates Program; requiring the

12         board of directors to conduct an annual

13         financial audit of the foundation; deleting

14         provisions requiring the program to conduct a

15         review and deliver to the Office of Program

16         Policy Analysis and Government Accountability a

17         report of the program's activities; deleting

18         provisions requiring the Office of Economic and

19         Demographic Research to study the overall

20         efficacy of the program; providing an effective

21         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:

31  

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    Florida Senate - 2004                                   SB 508
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 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         (b)(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         (c)(d)  "Foundation" means the Florida Endowment

 9  Foundation for Florida's Graduates.

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

11  established under paragraph (7)(h) to carry out the purposes

12  of this 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 a school-to-work

31  program, to be known as Jobs for Florida's Graduates, which

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    Florida Senate - 2004                                   SB 508
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 1  shall, except as otherwise provided by law or by rule of the

 2  Department of Education, be operated in accordance with the

 3  process and outcome standards of Jobs for America's Graduates,

 4  Inc.  To that end, the board shall enter into a sponsoring

 5  agreement with Jobs for America's Graduates, Inc., to carry

 6  out the Jobs for America's Graduates model within the state.

 7         (a)  The goal of the program shall be to have a minimum

 8  of 300 high schools participating in the program.

 9         (a)(b)  The schools chosen by the board to participate

10  in the program should must represent a demographically

11  balanced sample population, include both urban and rural

12  schools, and be comprised of schools in as many, including

13  charter schools, in all geographic areas of the state as

14  economically feasible.  Each school selected to participate

15  shall enter into a formal written agreement with the board

16  which, at a minimum, details the responsibilities of each

17  party and the process and outcome goals of the Jobs for

18  Florida's Graduates Program.

19         (b)(c)  Students shall be selected and approved for

20  participation in the program by the educational institutions

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

22  shall be based on their being classified as at-risk students

23  pursuant to the Jobs for America's Graduates model.

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

25  GRADUATES.--

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

27  Graduates is created to encourage public and private support

28  to enhance school-to-work transition and shall be:

29         1.  A Florida corporation not for profit which is

30  incorporated under the provisions of chapter 617 and approved

31  by the Department of State.

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 1         2.  Organized and operated exclusively to do the

 2  following:  raise funds; submit requests and receive grants

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

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

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

 6  transition programs approved by the board of directors of the

 7  foundation.

 8         (b)  The foundation shall:

 9         1.  Develop articles of incorporation.

10         2.  Create a board of directors appointed by the

11  Commissioner of Education.

12         3.  Perform an annual financial and performance review

13  to determine if the foundation is operating in a manner

14  consistent with the goals of the Legislature in providing

15  assistance for school-to-work transitions.

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

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

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

19  dissolved.

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

21  administered by a board of directors, as follows:

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

23  majority of which shall be from the private sector. The chair

24  shall be from the private sector.

25         (b)  All members shall have an interest in

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

27  shall:

28         1.  Have skills in foundation work or other fundraising

29  activities, financial consulting, or investment banking or

30  other related experience; or

31  

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 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 be appointed to serve for

12  3-year terms or until resignation or removal for cause, except

13  that members appointed to serve initial terms shall be

14  appointed for staggered terms of 1, 2, and 3 years,

15  respectively.

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

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

18  member shall be appointed.

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

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

21  The commissioner may remove any member from office for

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

23  permanent inability to perform official duties or for pleading

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

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

26  limits prescribed in this section or by rule of the

27  department:

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

29  organize. Thereafter, The board shall hold such meetings as

30  are necessary to implement the provisions of this section and

31  

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    Florida Senate - 2004                                   SB 508
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 1  shall conduct its business in accordance with rules

 2  promulgated by the department.

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

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

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

 6  purpose or purposes stated by the donor.

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

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

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

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

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

12  this section.

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

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

15  or any public agency of state or local government.

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

17  organized and operated exclusively for charitable,

18  educational, or scientific purposes.

19         3.  To the department for purposes of program

20  recognition and marketing, public relations and education,

21  professional development, and technical assistance and

22  workshops for grant applicants and recipients and the business

23  community.

24         (f)  The board may advertise and solicit applications

25  for funding and shall evaluate applications and program

26  proposals submitted thereto.

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

28  evaluate funded programs to determine whether funding should

29  be continued, terminated, reduced, or increased.

30  

31  

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

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

 3  of this section.

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

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

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

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

 8         1.  In year 1:

 9         1.a.  The statewide graduation rates, or GED test

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

11  Graduates Program shall be at least 82 percent by June 30 of

12  the year following the end of the academic year in which the

13  participants' respective high school classes graduated.

14         2.b.  By June 30 of the year following the end of the

15  academic year in which the participants' respective high

16  school classes graduated, 70 to 75 percent of graduated

17  working participants in the Jobs for Florida's Graduates

18  Program shall be employed full time in the civilian sector or

19  the military or enrolled in postsecondary training education,

20  or any combination of these that together are equivalent to

21  full time.

22         3.c.  By June 30 of the year following the end of the

23  academic year in which the participants' respective high

24  school classes graduated, the average wage of graduated

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         2.  In year 2:

30         a.  The statewide graduation rates, or GED test

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

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

 2  the year following the end of the academic year in which the

 3  participants' respective high school classes graduated.

 4         b.  By June 30 of the year following the end of the

 5  academic year in which the participants' respective high

 6  school classes graduated, 75 to 78 percent of graduated

 7  working participants in the Jobs for Florida's Graduates

 8  Program shall be employed full time in the civilian sector or

 9  the military or enrolled in postsecondary training education,

10  or any combination of these that together are equivalent to

11  full time.

12         c.  By June 30 of the year following the end of the

13  academic year in which the participants' respective high

14  school classes graduated, the average wage of graduated

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

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

17  all participants in programs affiliated with Jobs for

18  America's Graduates, Inc.

19         3.  In years 3 through 5:

20         a.  The statewide graduation rates, or GED test

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

22  Graduates Program shall be at least 90 percent by June 30 of

23  the year following the end of the academic year in which the

24  participants' respective high school classes graduated.

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

26  academic year in which the participants' respective high

27  school classes graduated, 80 percent of graduated working

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

29  be employed full time in the civilian sector or the military

30  or enrolled in postsecondary training education, or any

31  

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    Florida Senate - 2004                                   SB 508
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 1  combination of these that together are equivalent to full

 2  time.

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

 4  academic year in which the participants' respective high

 5  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         (8)  ACCREDITATION.--The board shall request and

21  contract with the national accreditation process of Jobs for

22  America's Graduates, Inc., to ensure the viability and

23  efficacy of the individual school-based Jobs for Florida's

24  Graduates programs in the state.

25         (9)  ANNUAL AUDIT.--The board shall conduct provide for

26  an annual financial audit of the foundation in accordance with

27  s. 215.981.

28         (10)  ASSESSMENT OF PROGRAM RESULTS.--The success of

29  the Jobs for Florida's Graduates Program shall be assessed as

30  follows:

31  

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 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 Office of Economic and

13  Demographic Research shall undertake, during the initial

14  phase, an ongoing longitudinal study of participants to

15  determine the overall efficacy of the program.  The division

16  shall transmit its findings each year to the Office of Program

17  Policy Analysis and Government Accountability for inclusion in

18  the report provided for in paragraph (a).

19         (10)(11)  ANNUAL REPORT.--The board shall issue a

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

21  Speaker of the House of Representatives, and the Commissioner

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

23  summarizing the foundation's fundraising activities and

24  performance and detailing those activities and programs

25  supported by bequests, gifts, grants, donations, and other

26  valued goods and services received.

27         (12)  RULES.--The department shall adopt rules to

28  implement this section.

29         Section 2.  This act shall take effect July 1, 2004.

30  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Removes the authority of the Department of Education and
      the Commissioner of Education to administer the Jobs for
 4    Florida's Graduates Act. Revises the goals of the Jobs
      for Florida's Graduates Program. Provides for an annual
 5    financial audit of the foundation. Deletes requirements
      for the program to conduct a full review of the program's
 6    activities and deliver a report. Deletes requirements
      that the Office of Economic and Demographic Research
 7    undertake an ongoing study of the program.

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