HB 0609

CS

CHAMBER ACTION

1	The Committee on Commerce recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to apprenticeship training; amending ss.
7	446.011, 446.021, 446.032, and 446.041, F.S.; conforming
8	provisions to the deletion of the Division of Workforce
9	Development of the Department of Education; reassigning
10	the division's duties governing apprenticeship training
11	and programs to the department; amending s. 446.045, F.S.;
12	revising provisions governing the State Apprenticeship
13	Advisory Council; deleting a requirement that the Governor
14	appoint two nominating committees for the purpose of
15	filling vacancies on the council; requiring the Governor
16	to appoint certain members to the council representing
17	sponsors of joint employee organizations and nonjoint
18	employer organizations; conforming provisions to the
19	deletion of the Division of Workforce Development of the
20	Department of Education; reassigning the division's duties
21	governing apprenticeship training and programs to the
22	department; amending ss. 446.052, 446.061, 446.071,
23	446.075, and 446.081, F.S.; conforming provisions to the
24	deletion of the Division of Workforce Development of the
25	Department of Education; reassigning the division's duties
26	governing apprenticeship training and programs to the
27	department; amending s. 446.091, F.S.; conforming
28	provisions to the deletion of the Division of Jobs and
29	Benefits of the former Department of Labor and Employment
30	Security; limiting the application of the act; providing
31	an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Subsections (2) and (3) of section 446.011,
36	Florida Statutes, are amended to read:
37	446.011  Legislative intent regarding apprenticeship
38	training.--
39	(2)  It is the intent of the Legislature that the Division
40	of Workforce Development of the Department of Education have
41	responsibility for the development of the apprenticeship and
42	preapprenticeship uniform minimum standards for the
43	apprenticeable trades and that the Division of Workforce
44	Development of the department of Education have responsibility
45	for assisting district school boards and community college
46	district boards of trustees in developing preapprenticeship
47	programs.
48	(3)  It is the further intent of ss. 446.011-446.092 that
49	the department Division of Workforce Development ensure quality
50	training through the adoption and enforcement of uniform minimum
51	standards and that the department Bureau of Apprenticeship
52	promote, register, monitor, and service apprenticeship and
53	training programs and ensure that the such programs adhere to
54	the standards.
55	Section 2.  Section 446.021, Florida Statutes, is amended
56	to read:
57	446.021  Definitions of terms used in ss. 446.011-
58	446.092.--As used in ss. 446.011-446.092, the term following
59	-As used in ss. 446.011-446.092, the term following words and
60	terms shall have the following meanings unless the context
61	clearly indicates otherwise:
62	(1)  "Preapprentice" means any person 16 years of age or
63	over engaged in any course of instruction in the public school
64	system or elsewhere, which course is registered as a
65	preapprenticeship program with the Division of Workforce
66	Development of the department of Education.
67	(2)  "Apprentice" means a person at least 16 years of age
68	who is engaged in learning a recognized skilled trade through
69	actual work experience under the supervision of journeymen
70	craftsmen, which training should be combined with properly
71	coordinated studies of related technical and supplementary
72	subjects, and who has entered into a written agreement, which
73	may be cited as hereinafter called an apprentice agreement, with
74	a registered apprenticeship sponsor who may be either an
75	employer, an association of employers, or a local joint
76	apprenticeship committee.
77	(3)  "Trainee" means a person at least 16 years of age who
78	is engaged in learning a specific skill, trade, or occupation
79	within a formalized, on-the-job training program.
80	(4)  "Journeyman" means a person working in an
81	apprenticeable occupation who has successfully completed a
82	registered apprenticeship program or who has worked the number
83	of years required by established industry practices for the
84	particular trade or occupation.
85	(5)  "Preapprenticeship program" means an organized course
86	of instruction in the public school system or elsewhere, which
87	course is designed to prepare a person 16 years of age or older
88	to become an apprentice and which course is approved by and
89	registered with the department Bureau of Apprenticeship of the
90	Division of Workforce Development and sponsored by a registered
91	apprenticeship program.
92	(6)  "Apprenticeship program" means an organized course of
93	instruction, registered and approved by the department division,
94	which course shall contain all terms and conditions for the
95	qualifications, recruitment, selection, employment, and training
96	of apprentices including such matters as the requirements for a
97	written apprenticeship agreement.
98	(7)  "On-the-job training program" means a formalized
99	system of job processes which may be augmented by related
100	instruction that provides the experience and knowledge necessary
101	to meet the training objective of learning a specific skill,
102	trade, or occupation. The Such training program must shall be at
103	least 6 months and not more than 2 years in duration and must
104	shall be registered with the department division.
105	(8)  "Uniform minimum preapprenticeship standards" means
106	the minimum requirements established uniformly for each craft
107	under which a preapprenticeship program is administered and
108	includes standards of admission, training goals, training
109	objectives, curriculum outlines, objective standards to measure
110	successful completion of the preapprenticeship program, and the
111	percentage of credit which that may be given to
112	preapprenticeship graduates upon acceptance into the
113	apprenticeship program.
114	(9)  "Related instruction" means an organized and
115	systematic form of instruction designed to provide the
116	apprentice with knowledge of the theoretical subjects related to
117	a specific trade or occupation.
118	(10)  "Cancellation" means the deregistration of an
119	apprenticeship program or the termination of an apprenticeship
120	agreement.
121	(11)  "Jurisdiction" means the specific geographical area
122	for which a particular program is registered.
123	(12)  "Department Division" means the Division of Workforce
124	Development of the Department of Education.
125	(13)  "Director" means the director of the Division of
126	Workforce Development.
127	Section 3.  Section 446.032, Florida Statutes, is amended
128	to read:
129	446.032  General duties of the department for division with
130	respect to apprenticeship training.--The department Division of
131	Workforce Development shall:
132	(1)  Establish uniform minimum standards and policies
133	governing apprentice programs and agreements. The Such standards
134	and policies shall govern the terms and conditions of the
135	apprentice's employment and training, including the quality
136	training of the apprentice for with respect to, but not limited
137	to, such matters as ratios of apprentices to journeymen, safety,
138	related instruction, and on-the-job training; but these such
139	standards and policies may shall not include rules, standards,
140	or guidelines that require the use of apprentices and job
141	trainees on state, county, or municipal contracts.  The
142	department division may adopt rules as necessary to administer
143	the carry out such standards and policies.
144	(2)  Establish procedures to be used by the State
145	Apprenticeship Advisory Council.
146	(3)  Establish a Bureau of Apprenticeship pursuant to the
147	instructions of the Commissioner of Education.
148	Section 4.  Section 446.041, Florida Statutes, is amended
149	to read:
150	446.041  Apprenticeship program, duties of the department
151	division.--The department Division of Workforce Development
152	shall:
153	(1)  Administer the provisions of ss. 446.011-446.092.
154	(2)  Administer the standards established by the department
155	division.
156	(3)  Register in accordance with this chapter any
157	apprenticeship or preapprenticeship program, regardless of
158	affiliation, which meets standards established by the department
159	division.
160	(4)  Investigate complaints concerning the failure of any
161	registered program to meet the standards established by the
162	department division.
163	(5)  Cancel the registration of any program that fails to
164	comply with the standards and policies of the department
165	division or that unreasonably fails or refuses to cooperate with
166	the department division in monitoring and enforcing compliance
167	with the such standards.
168	(6)  Develop and encourage apprenticeship programs.
169	(7)  Cooperate with and assist local apprenticeship
170	sponsors in the development of their apprenticeship standards
171	and training requirements.
172	(8)  Encourage registered apprenticeship programs to grant
173	consideration and credit to individuals completing registered
174	preapprenticeship programs.
175	(9)  Monitor registered apprenticeship programs to ensure
176	that they are being operated in compliance with all applicable
177	standards.
178	(10)  Supervise all apprenticeship programs that which are
179	registered with the department division.
180	(11)  Ensure that minority and gender diversity are
181	considered in administering this program.
182	(12)  Adopt rules as required to administer implement ss.
183	446.011-446.092.
184	Section 5.  Section 446.045, Florida Statutes, is amended
185	to read:
186	446.045  State Apprenticeship Advisory Council.--
187	(1)  As used in For the purposes of this section, the term:
188	(a)  "Joint employee organization" means an apprenticeship
189	sponsor who participates in a collective bargaining agreement
190	and represents employees.
191	(b)  "Nonjoint employer organization" means an
192	apprenticeship sponsor who does not participate in a collective
193	bargaining agreement and who represents management.
194	(2)(a)  There is created a State Apprenticeship Advisory
195	Council to be composed of 10 voting 13 members appointed by the
196	Governor and 2 ex officio nonvoting members, which shall be
197	advisory to the Division of Workforce Development. The purpose
198	of the advisory council is to advise the department division and
199	the council on matters relating to apprenticeship. The advisory
200	council may not establish policy, adopt rules, or consider
201	whether particular apprenticeship programs should be approved by
202	the department division.
203	(b)  The Commissioner of Education division director or the
204	commissioner's division director's designee shall serve be ex
205	officio as chair of the State Apprenticeship Advisory Council,
206	but may not vote. The state director of the Bureau of
207	Apprenticeship and Training of the United States Department of
208	Labor shall serve ex officio as be appointed a nonvoting member
209	of the council. The Governor shall appoint two three-member
210	committees for the purpose of nominating candidates for
211	appointment to the council. One nominating committee shall be
212	composed of joint employee organization representatives, and the
213	other nominating committee shall be composed of nonjoint
214	employer organization representatives. The joint employee
215	organization nominating committee shall submit to the Governor
216	the names of three persons for each vacancy occurring among the
217	joint employee organization members on the council, and the
218	nonjoint employer organization nominating committee likewise
219	shall submit to the Governor the names of three persons for each
220	vacancy occurring among the nonjoint employer organization
221	members on the council. The Governor shall appoint to the
222	council five members representing sponsors of joint employee
223	organizations and five members representing sponsors of nonjoint
224	employer organizations from the candidates nominated for each
225	position by the respective nominating committees. Each member
226	shall represent industries that which have registered
227	apprenticeship programs or in which a need for apprenticeship
228	programs has been demonstrated. Initially, the Governor shall
229	appoint four members for terms of 4 years, two members for terms
230	of 3 years, two members for terms of 2 years, and two members
231	for terms of 1 year. Thereafter, Members shall be appointed for
232	4-year staggered terms. A vacancy shall be filled for the
233	remainder of the unexpired term.
234	(c)  The council shall meet at the call of the chair or at
235	the request of a majority of its membership, but at least twice
236	a year. A majority of the voting members shall constitute a
237	quorum, and the affirmative vote of a majority of a quorum is
238	necessary to take action.
239	(d)  The Governor may remove any member for cause.
240	(e)  The council shall maintain minutes of each meeting.
241	The department division shall keep on file the minutes of each
242	meeting and shall make the such minutes available to any
243	interested person.
244	(f)  Members of the council shall serve without
245	compensation, but are shall be entitled to receive reimbursement
246	for per diem and travel expenses as provided in s. 112.061.
247	Section 6.  Subsections (2) and (3) of section 446.052,
248	Florida Statutes, are amended to read:
249	446.052  Preapprenticeship program.--
250	(2)  The Division of Workforce Development of the
251	department of Education, under regulations established by the
252	State Board of Education, may is authorized to administer the
253	provisions of ss. 446.011-446.092 which that relate to
254	preapprenticeship programs in cooperation with district school
255	boards and community college district boards of trustees.
256	District school boards, community college district boards of
257	trustees, and registered program sponsors shall cooperate in
258	developing and establishing programs that include vocational
259	instruction and general education courses required to obtain a
260	high school diploma.
261	(3)  The department Division of Workforce Development, the
262	district school boards, and the community college district
263	boards of trustees shall work together with existing registered
264	apprenticeship programs in order so that individuals completing
265	the such preapprenticeship programs may be able to receive
266	credit towards completing a registered apprenticeship program.
267	Section 7.  Section 446.061, Florida Statutes, is amended
268	to read:
269	446.061  Expenditures.--The Division of Workforce
270	Development of the department of Education shall make necessary
271	expenditures from the appropriation provided by law for personal
272	services, travel, printing, equipment, office space, and
273	supplies as provided by law.
274	Section 8.  Section 446.071, Florida Statutes, is amended
275	to read:
276	446.071  Apprenticeship sponsors.--
277	(1)  One or more local apprenticeship sponsors shall be
278	approved in any trade or group of trades by the Division of
279	Workforce Development of the department of Education, upon a
280	determination of need, if provided the apprenticeship sponsor
281	meets all of the standards established by the department
282	division. The term "need" refers to the need of state residents
283	for apprenticeship training. In the absence of proof to the
284	contrary, it shall be presumed that there is need for
285	apprenticeship and preapprenticeship training in each county in
286	this state.
287	(2)  A local apprenticeship sponsor may be a committee, a
288	group of employers, an employer, or a group of employees, or any
289	combination thereof.
290	(3)  The department may division has authority to grant a
291	variance from the standards upon a showing of good cause for the
292	such variance by program sponsors in nonconstruction trades. The
293	purpose of this subsection provision is to recognize the unique
294	and varying training requirements in nontraditional
295	apprenticeable occupations and to authorize the department
296	division and bureau to adapt the standards to the needs of the
297	such programs.
298	Section 9.  Section 446.075, Florida Statutes, is amended
299	to read:
300	446.075  Federal and state cooperation.--The Division of
301	Workforce Development of the department of Education may
302	contract make and enter into contracts with the United States
303	Department of Labor, and may assume other functions and duties
304	as are necessary for the department division to serve as
305	registration agent for federal apprenticeship registration
306	purposes, except that the department division may not enforce
307	any federal apprenticeship requirement unless the department
308	division first adopts the such requirement as a rule. All rules
309	adopted and administrative hearings afforded by the department
310	division under this section must be in accordance with the
311	requirements of chapter 120.
312	Section 10.  Subsection (3) of section 446.081, Florida
313	Statutes, is amended to read:
314	446.081  Limitation.--
315	(3)  Any person aggrieved by any determination or act of
316	the department has division shall have the right to an
317	administrative hearing.
318	Section 11.  Section 446.091, Florida Statutes, is amended
319	to read:
320	446.091  On-the-job training program.--All provisions of
321	ss. 446.011-446.092 relating to apprenticeship and
322	preapprenticeship, including, but not limited to, programs,
323	agreements, standards, administration, procedures, definitions,
324	expenditures, local committees, powers and duties, limitations,
325	grievances, and; ratios of apprentices and job trainees to
326	journeymen on state, county, and municipal contracts,; and
327	functions of the Division of Jobs and Benefits shall be
328	appropriately adapted and made applicable to a program of on-
329	the-job training hereby authorized under those provisions for
330	persons other than apprentices.
331	Section 12.  The amendments made by this act to section
332	446.045, Florida Statutes, shall apply prospectively to
333	appointments that fill current and future vacancies on the State
334	Apprenticeship Advisory Council. These amendments do not affect
335	the terms of members or remove a member serving on the advisory
336	council before the effective date of this act.
337	Section 13.  This act shall take effect upon becoming a
338	law.

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