HB 1645

1	A bill to be entitled
2	An act relating to workforce innovation; amending s.
3	20.50, F.S., as amended; establishing a separate budget
4	for the Agency for Workforce Innovation; providing that
5	the agency may serve as contract administrator for
6	Workforce Florida, Inc.; removing obsolete language;
7	clarifying the organization of the agency; authorizing the
8	director to appoint deputy and assistant directors and to
9	organize the agency; revising the agency's administrative
10	responsibilities; authorizing the agency to provide or
11	contract for training of certain employees; deleting
12	training requirements; providing for an official seal;
13	providing agency rulemaking authority; amending s.
14	427.012, F.S.; revising an obsolete reference; amending s.
15	445.003, F.S.; removing obsolete references; removing a
16	reporting requirement; amending s. 445.004, F.S.;
17	clarifying that Workforce Florida, Inc., is exempt from
18	chapters 120 and 287, F.S.; removing the voting privileges
19	of certain board members; providing a term limit for the
20	chair of the board of Workforce Florida, Inc.; increasing
21	board members' terms and creating staggered terms;
22	clarifying that the President of the Senate and the
23	Speaker of the House of Representatives may nominate board
24	members; requiring certain board members to have economic
25	development experience; removing a requirement that the
26	Governor appoint board members 30 days after receiving
27	nominations; authorizing the board to use
28	telecommunications to conduct meetings; providing that the
29	chair of Workforce Florida, Inc., may select executive
30	committee members; removing references to certain
31	councils; removing obsolete references; exempting
32	Workforce Florida, Inc., contracts from certain provisions
33	of law; providing expenditure approval to Workforce
34	Florida, Inc., for awards and incentives; revising and
35	clarifying the state workforce development strategy;
36	amending s. 445.006, F.S.; requiring Workforce Florida,
37	Inc., to establish an operational plan; clarifying
38	references to strategic and operational plans; amending s.
39	445.007, F.S.; clarifying that the military representative
40	to a regional workforce board shall be a nonvoting member
41	subject to certain approval; removing obsolete language;
42	allowing the use of telecommunications for meetings;
43	providing for the election and terms of regional workforce
44	board chairs; providing that regional workforce boards are
45	exempt from chapters 120 and 287, F.S.; authorizing
46	regional workforce boards to promote activities,
47	incentives, and awards under certain circumstances;
48	amending s. 445.009, F.S.; removing obsolete references;
49	requiring Workforce Florida, Inc., to develop a system for
50	leveraging workforce system resources; removing a
51	requirement for an alternative financing performance
52	outcome measure; amending s. 445.019, F.S.; allowing
53	employment programs to be offered to teen parents;
54	amending s. 445.020, F.S.; clarifying how determination of
55	need criteria will be identified; repealing s. 445.005,
56	F.S., relating to First Jobs/First Wages, Better
57	Jobs/Better Wages, and High Skills/High Wages Councils of
58	Workforce Florida, Inc.; repealing ss. 445.012-445.0125,
59	F.S., the Careers for Florida's Future Incentive Grant
60	Program; repealing s. 445.013, F.S., relating to challenge
61	grants in support of welfare-to-work initiatives;
62	repealing ss. 446.21-446.27, F.S., the Florida Youth-at-
63	Risk 2000 Pilot Program; providing an effective date.
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1.  Section 20.50, Florida Statutes, as amended by
68	chapter 2004-484, Laws of Florida, is amended to read:
69	20.50  Agency for Workforce Innovation.--There is created
70	the Agency for Workforce Innovation within the Department of
71	Management Services. The agency shall have be a separate budget
72	as provided in the General Appropriations Act entity, and the
73	director of the agency shall be the agency head for all
74	purposes. The agency shall not be subject to control,
75	supervision, or direction by the Department of Management
76	Services in any manner, including, but not limited to,
77	personnel, purchasing, transactions involving real or personal
78	property, and budgetary matters.
79	(1)  The Agency for Workforce Innovation shall ensure that
80	the state appropriately administers federal and state workforce
81	funding by administering plans and policies of Workforce
82	Florida, Inc., under contract with Workforce Florida, Inc. The
83	operating budget and midyear amendments thereto must be part of
84	such contract.
85	(a)  All program and fiscal instructions to regional
86	workforce boards shall emanate from the agency pursuant to plans
87	and policies of Workforce Florida, Inc. Workforce Florida, Inc.,
88	shall be responsible for all policy directions to the regional
89	boards.
90	(b)  Unless otherwise provided by agreement with Workforce
91	Florida, Inc., administrative and personnel policies of the
92	Agency for Workforce Innovation shall apply.
93	(2)(a)  The Agency for Workforce Innovation is the
94	administrative agency designated for receipt of federal
95	workforce development grants and other federal funds. The agency
96	shall administer the duties and responsibilities assigned by the
97	Governor under each federal grant assigned to the agency. The
98	agency shall be a separate budget entity and shall expend each
99	revenue source as provided by federal and state law and as
100	provided in plans developed by and agreements with Workforce
101	Florida, Inc. The agency may serve as contract administrator for
102	Workforce Florida, Inc., contracts pursuant to s. 445.004(5) as
103	directed by Workforce Florida, Inc.
104	(b)  The agency shall prepare and submit as a separate
105	budget entity a unified budget request for workforce
106	development, in accordance with chapter 216 for, and in
107	conjunction with, Workforce Florida, Inc., and its board. The
108	head of the agency is the director of Workforce Innovation, who
109	shall be appointed by the Governor. The accountability and
110	reporting functions of the agency shall be administered by the
111	director or his or her designee. These functions shall include
112	budget management, financial management, audit, performance
113	management standards and controls, assessing outcomes of service
114	delivery, and financial administration of workforce programs
115	under s. 445.004(5) and (9).     (c)  The agency shall include the
116	following offices Within its organizational structure, the
117	agency which shall include the following offices have the
118	specified responsibilities:
119	1.(a)  The Office of Unemployment Compensation Workforce
120	Services shall administer the unemployment compensation program,
121	the Rapid Response program, the Work Opportunity Tax Credit
122	program, the Alien Labor Certification program, and any other
123	programs that are delivered directly by agency staff rather than
124	through the one-stop delivery system. The office shall be
125	directed by the Deputy Director for Workforce Services, who
126	shall be appointed by and serve at the pleasure of the director.
127	2.(b)  The Office of Workforce Program Support and
128	Accountability shall administer state merit system program staff
129	within the workforce service delivery system, under the policies
130	of Workforce Florida, Inc. The office is responsible for
131	delivering services through the one-stop delivery system and for
132	ensuring that participants in welfare transition programs
133	receive case management services, diversion assistance, support
134	services, including child care and transportation services,
135	Medicaid services, and transition assistance to enable them to
136	succeed in the workforce. The office is also responsible for
137	program quality assurance, grants and contract management,
138	contracting, financial management, and reporting. The office
139	shall be directed by the Deputy Director for Program Support and
140	Accountability, who shall be appointed by and serve at the
141	pleasure of the director. The office is responsible for:
142	1.  Establishing monitoring, quality assurance, and quality
143	improvement systems that routinely assess the quality and
144	effectiveness of contracted programs and services.
145	2.  Annual review of each regional workforce board and
146	administrative entity to ensure that adequate systems of
147	reporting and control are in place; that monitoring, quality
148	assurance, and quality improvement activities are conducted
149	routinely; and that corrective action is taken to eliminate
150	deficiencies.
151	(c)  The Office of Early Learning shall administer the
152	school readiness system in accordance with s. 411.01 and the
153	operational requirements of the Voluntary Prekindergarten
154	Education Program in accordance with part V of chapter 1002. The
155	office shall be directed by the Deputy Director for Early
156	Learning, who shall be appointed by and serve at the pleasure of
157	the director.
158	3.(d)  The Office of Agency Support Services is responsible
159	for procurement, human resource services, and information
160	services including delivering information on labor markets,
161	employment, occupations, and performance, and shall implement
162	and maintain information systems that are required for the
163	effective operation of the one-stop delivery system and the
164	school readiness system, including, but not limited to, those
165	systems described in s. 445.009. The office shall be directed by
166	the Deputy Director for Agency Support Services, who shall be
167	appointed by and serve at the pleasure of the director. The
168	office is responsible for establishing:
169	1.  Information systems and controls that report reliable,
170	timely and accurate fiscal and performance data for assessing
171	outcomes, service delivery, and financial administration of
172	workforce programs under s. 445.004(5) and (9).
173	2.  Information systems that support service integration
174	and case management by providing for case tracking for
175	participants in welfare transition programs.
176	3.  Information systems that support the school readiness
177	system.
178	(d)  The director of the agency may establish assistant
179	director and deputy director positions to administer the
180	requirements and functions of the agency. In addition, the
181	director may organize and structure the agency to best meet the
182	goals and objectives of the agency.
183	(e)  The Unemployment Appeals Commission, authorized by s.
184	443.012, is not subject to control, supervision, or direction by
185	the Agency for Workforce Innovation in the performance of its
186	powers and duties but shall receive any and all support and
187	assistance from the agency that is required for the performance
188	of its duties.
189	(3)  The Agency for Workforce Innovation shall serve as the
190	designated agency for purposes of each federal workforce
191	development grant assigned to it for administration. The agency
192	shall carry out the duties assigned to it by the Governor, under
193	the terms and conditions of each grant. The agency shall have
194	the level of authority and autonomy necessary to be the
195	designated recipient of each federal grant assigned to it, and
196	shall disperse such grants pursuant to the plans and policies of
197	Workforce Florida, Inc. The director may, upon delegation from
198	the Governor and pursuant to agreement with Workforce Florida,
199	Inc., sign contracts, grants, and other instruments as necessary
200	to execute functions assigned to the agency. Notwithstanding
201	other provisions of law, the following federal grants and other
202	funds are assigned for administration to the Agency for
203	Workforce Innovation shall administer:
204	(a)  Programs authorized under Title I of the Workforce
205	Investment Act of 1998, Pub. L. No. 105-220, except for programs
206	funded directly by the United States Department of Labor under
207	Title I, s. 167.
208	(b)  Programs authorized under the Wagner-Peyser Act of
209	1933, as amended, 29 U.S.C. ss. 49 et seq.
210	(c)  Welfare-to-work grants administered by the United
211	States Department of Labor under Title IV, s. 403, of the Social
212	Security Act, as amended.
213	(d)  Activities authorized under Title II of the Trade Act
214	of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the Trade
215	Adjustment Assistance Program.
216	(e)  Activities authorized under chapter 41 of Title 38
217	U.S.C., including job counseling, training, and placement for
218	veterans.
219	(f)  Employment and training activities carried out under
220	the Community Services Block Grant Act, 42 U.S.C. ss. 9901 et
221	seq.
222	(g)  Employment and training activities carried out under
223	funds awarded to this state by the United States Department of
224	Housing and Urban Development.
225	(h)  Designated state and local program expenditures under
226	part A of Title IV of the Social Security Act for welfare
227	transition workforce services associated with the Temporary
228	Assistance for Needy Families Program.
229	(i)  Programs authorized under the National and Community
230	Service Act of 1990, 42 U.S.C. ss. 12501 et seq., and the
231	Service-America programs, the National Service Trust programs,
232	the Civilian Community Corps, the Corporation for National and
233	Community Service, the American Conservation and Youth Service
234	Corps, and the Points of Light Foundation programs, if such
235	programs are awarded to the state.
236	(j)  The Unemployment Compensation program provided
237	pursuant to chapter 443.
238	(k)  other programs funded by federal or state
239	appropriations, as determined by the Legislature in the General
240	Appropriations Act or by law.
241	(4)  The Agency for Workforce Innovation may shall provide
242	or contract for training for employees of administrative
243	entities and case managers of any contracted providers to ensure
244	they have the necessary competencies and skills to provide
245	adequate administrative oversight and delivery of the full array
246	of client services pursuant to s. 445.004(5)(b). Training
247	requirements include, but are not limited to:
248	(a)  Minimum skills, knowledge, and abilities required for
249	each classification of program personnel utilized in the
250	regional workforce boards' service delivery plans.
251	(b)  Minimum requirements for development of a regional
252	workforce board supported personnel training plan to include
253	preservice and inservice components.
254	(c)  Specifications or criteria under which any regional
255	workforce board may award bonus points or otherwise give
256	preference to competitive service provider applications that
257	provide minimum criteria for assuring competent case management,
258	including, but not limited to, maximum caseload per case
259	manager, current staff turnover rate, minimum educational or
260	work experience requirements, and a differentiated compensation
261	plan based on the competency levels of personnel.
262	(d)  Minimum skills, knowledge, and abilities required for
263	contract management, including budgeting, expenditure, and
264	performance information related to service delivery and
265	financial administration, monitoring, quality assurance and
266	improvement, and standards of conduct for employees of regional
267	workforce boards and administrative entities specifically
268	related to carrying out contracting responsibilities.
269	(5)  The Agency for Workforce Innovation shall have an
270	official seal by which its records, orders, and proceedings are
271	authenticated and judicially noticed.
272	(6)  The Agency for Workforce Innovation may adopt rules
273	that relate to implementing and administering the programs
274	listed in s. 445.004(5)(b) as well as rules related to eligible
275	training providers and auditing and monitoring subrecipients of
276	workforce system grant funds.
277	Section 2.  Paragraph (d) of subsection (1) of section
278	427.012, Florida Statutes, is amended to read:
279	427.012  The Commission for the Transportation
280	Disadvantaged.--There is created the Commission for the
281	Transportation Disadvantaged in the Department of
282	Transportation.
283	(1)  The commission shall consist of the following members:
284	(d)  The executive director of the Agency for Workforce
285	Innovation or the director's designee. The secretary of the
286	Department of Labor and Employment Security or the secretary's
287	designee.
288	Section 3.  Subsections (3) through (6) of section 445.003,
289	Florida Statutes, are amended to read:
290	445.003  Implementation of the federal Workforce Investment
291	Act of 1998.--
292	(3)  FUNDING.--
293	(a)  Title I, Workforce Investment Act of 1998 funds;
294	Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
295	based on the 5-year plan of Workforce Florida, Inc. The plan
296	shall outline and direct the method used to administer and
297	coordinate various funds and programs that are operated by
298	various agencies. The following provisions shall also apply to
299	these funds:
300	1.  At least 50 percent of the Title I funds for Adults and
301	Dislocated Workers that are passed through to regional workforce
302	boards shall be allocated to Individual Training Accounts unless
303	a regional workforce board obtains a waiver from Workforce
304	Florida, Inc. Tuition and, fees, and performance-based incentive
305	awards paid in compliance with Florida's Performance-Based
306	Incentive Fund Program qualify as an Individual Training Account
307	expenditure, as do other programs developed by regional
308	workforce boards in compliance with policies of Workforce
309	Florida, Inc.
310	2.  Fifteen percent of Title I funding shall be retained at
311	the state level and shall be dedicated to state administration
312	and used to design, develop, induce, and fund innovative
313	Individual Training Account pilots, demonstrations, and
314	programs. Of such funds retained at the state level, $2 million
315	shall be reserved for the Incumbent Worker Training Program,
316	created under subparagraph 3. Eligible state administration
317	costs include the costs of: funding for the board and staff of
318	Workforce Florida, Inc.; operating fiscal, compliance, and
319	management accountability systems through Workforce Florida,
320	Inc.; conducting evaluation and research on workforce
321	development activities; and providing technical and capacity
322	building assistance to regions at the direction of Workforce
323	Florida, Inc. Notwithstanding s. 445.004, such administrative
324	costs shall not exceed 25 percent of these funds. An amount not
325	to exceed 75 percent of these funds shall be allocated to
326	Individual Training Accounts and other workforce development
327	strategies for: the Minority Teacher Education Scholars program,
328	the Certified Teacher-Aide program, the Self-Employment
329	Institute, and other training designed and tailored by Workforce
330	Florida, Inc., including, but not limited to, programs for
331	incumbent workers, displaced homemakers, nontraditional
332	employment, empowerment zones, and enterprise zones. Workforce
333	Florida, Inc., shall design, adopt, and fund Individual Training
334	Accounts for distressed urban and rural communities.
335	3.  The Incumbent Worker Training Program is created for
336	the purpose of providing grant funding for continuing education
337	and training of incumbent employees at existing Florida
338	businesses. The program will provide reimbursement grants to
339	businesses that pay for preapproved, direct, training-related
340	costs.
341	a.  The Incumbent Worker Training Program will be
342	administered by Workforce Florida, Inc. Workforce Florida, Inc.,
343	at its discretion, may contract with a private business
344	organization to serve as grant administrator.
345	b.  To be eligible for the program's grant funding, a
346	business must have been in operation in Florida for a minimum of
347	1 year prior to the application for grant funding; have at least
348	one full-time employee; demonstrate financial viability; and be
349	current on all state tax obligations. Priority for funding shall
350	be given to businesses with 25 employees or fewer, businesses in
351	rural areas, businesses in distressed inner-city areas,
352	businesses in a qualified targeted industry, businesses whose
353	grant proposals represent a significant upgrade in employee
354	skills, or businesses whose grant proposals represent a
355	significant layoff avoidance strategy.
356	c.  All costs reimbursed by the program must be preapproved
357	by Workforce Florida, Inc., or the grant administrator. The
358	program will not reimburse businesses for trainee wages, the
359	purchase of capital equipment, or the purchase of any item or
360	service that may possibly be used outside the training project.
361	A business approved for a grant may be reimbursed for
362	preapproved, direct, training-related costs including tuition
363	and fees; books and training classroom materials; and overhead
364	or indirect costs not to exceed 5 percent of the grant amount.
365	d.  A business that is selected to receive grant funding
366	must provide a matching contribution to the training project,
367	including, but not limited to, wages paid to trainees or the
368	purchase of capital equipment used in the training project; must
369	sign an agreement with Workforce Florida, Inc., or the grant
370	administrator to complete the training project as proposed in
371	the application; must keep accurate records of the project's
372	implementation process; and must submit monthly or quarterly
373	reimbursement requests with required documentation.
374	e.  All Incumbent Worker Training Program grant projects
375	shall be performance-based with specific measurable performance
376	outcomes, including completion of the training project and job
377	retention. Workforce Florida, Inc., or the grant administrator
378	shall withhold the final payment to the grantee until a final
379	grant report is submitted and all performance criteria specified
380	in the grant contract have been achieved.
381	f.  Workforce Florida, Inc., may establish guidelines
382	necessary to implement the Incumbent Worker Training Program.
383	g.  No more than 10 percent of the Incumbent Worker
384	Training Program's total appropriation may be used for overhead
385	or indirect purposes.
386	h.  Workforce Florida, Inc., shall submit a report to the
387	Legislature on the financial and general operations of the
388	Incumbent Worker Training Program. Such report will be due
389	before October 1 of any fiscal year for which the program is
390	funded by the Legislature.
391	4.  At least 50 percent of Rapid Response funding shall be
392	dedicated to Intensive Services Accounts and Individual Training
393	Accounts for dislocated workers and incumbent workers who are at
394	risk of dislocation. Workforce Florida, Inc., shall also
395	maintain an Emergency Preparedness Fund from Rapid Response
396	funds which will immediately issue Intensive Service Accounts
397	and Individual Training Accounts as well as other federally
398	authorized assistance to eligible victims of natural or other
399	disasters. At the direction of the Governor, for events that
400	qualify under federal law, these Rapid Response funds shall be
401	released to regional workforce boards for immediate use. Funding
402	shall also be dedicated to maintain a unit at the state level to
403	respond to Rapid Response emergencies around the state, to work
404	with state emergency management officials, and to work with
405	regional workforce boards. All Rapid Response funds must be
406	expended based on a plan developed by Workforce Florida, Inc.,
407	and approved by the Governor.
408	(b)  The administrative entity for Title I, Workforce
409	Investment Act of 1998 funds, and Rapid Response activities,
410	shall be the Agency for Workforce Innovation, which shall
411	provide direction to regional workforce boards regarding Title I
412	programs and Rapid Response activities pursuant to the direction
413	of Workforce Florida, Inc.
414	(4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
415	MODIFICATIONS.--
416	(a)  Workforce Florida, Inc., may provide indemnification
417	from audit liabilities to regional workforce boards that act in
418	full compliance with state law and the board's policies.
419	(b)  Workforce Florida, Inc., may negotiate and settle all
420	outstanding issues with the United States Department of Labor
421	relating to decisions made by Workforce Florida, Inc., any
422	predecessor workforce organization, and the Legislature with
423	regard to the Job Training Partnership Act, making settlements
424	and closing out all JTPA program year grants.
425	(c)  Workforce Florida, Inc., may make modifications to the
426	state's plan, policies, and procedures to comply with federally
427	mandated requirements that in its judgment must be complied with
428	to maintain funding provided pursuant to Pub. L. No. 105-220.
429	The board shall notify in writing the Governor, the President of
430	the Senate, and the Speaker of the House of Representatives
431	within 30 days after any such changes or modifications.
432	(5)  The Department of Labor and Employment Security shall
433	phase-down JTPA duties before the federal program is abolished
434	July 1, 2000. Outstanding accounts and issues shall be completed
435	prior to transfer to the Agency for Workforce Innovation.
436	(5)(6)  LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.--
437	(a)  Workforce Florida, Inc., may recommend
438	workforce-related divisions, bureaus, units, programs, duties,
439	commissions, boards, and councils that can be eliminated,
440	consolidated, or privatized.
441	(b)  The Office of Program Policy Analysis and Government
442	Accountability shall review the workforce development system, as
443	established by this act. The office shall submit its final
444	report and recommendations by December 31, 2002, to the
445	President of the Senate and the Speaker of the House of
446	Representatives.
447	Section 4.  Section 445.004, Florida Statutes, is amended
448	to read:
449	445.004  Workforce Florida, Inc.; creation; purpose;
450	membership; duties and powers.--
451	(1)  There is created a not-for-profit corporation, to be
452	known as "Workforce Florida, Inc.," which shall be registered,
453	incorporated, organized, and operated in compliance with chapter
454	617, and which shall not be a unit or entity of state government
455	and shall therefore be exempt from chapters 120 and 287.
456	Workforce Florida, Inc., shall be administratively housed within
457	the Agency for Workforce Innovation; however, Workforce Florida,
458	Inc., shall not be subject to control, supervision, or direction
459	by the Agency for Workforce Innovation in any manner. The
460	Legislature determines, however, that public policy dictates
461	that Workforce Florida, Inc., operate in the most open and
462	accessible manner consistent with its public purpose. To this
463	end, the Legislature specifically declares that Workforce
464	Florida, Inc., its board, councils, and any advisory committees
465	or similar groups created by Workforce Florida, Inc., are
466	subject to the provisions of chapter 119 relating to public
467	records, and those provisions of chapter 286 relating to public
468	meetings.
469	(2)  Workforce Florida, Inc., is the principal workforce
470	policy organization for the state. The purpose of Workforce
471	Florida, Inc., is to design and implement strategies that help
472	Floridians enter, remain in, and advance in the workplace,
473	becoming more highly skilled and successful, benefiting these
474	Floridians, Florida businesses, and the entire state, and to
475	assist in developing the state's business climate.
476	(3)(a)  Workforce Florida, Inc., shall be governed by a
477	board of directors, the number of directors to be determined by
478	the Governor, whose membership and appointment must be
479	consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
480	contain one member representing the licensed nonpublic
481	postsecondary educational institutions authorized as individual
482	training account providers, one member from the staffing service
483	industry, at least one member who is a current or former
484	recipient of welfare transition services as defined in s.
485	445.002(3) or workforce services as provided in s. 445.009(1),
486	and five representatives of organized labor who shall be
487	appointed by the Governor. Members described in Pub. L. No. 105-
488	220, Title I, s. 111(b)(1)(C)(vi) shall be nonvoting members.
489	Notwithstanding s. 114.05(1)(f), the Governor may appoint
490	remaining members to Workforce Florida, Inc., from the current
491	Workforce Development Board and the WAGES Program State Board of
492	Directors, established pursuant to chapter 96-175, Laws of
493	Florida, to serve on the reconstituted board. By July 1, 2000,
494	the Workforce Development Board will provide to the Governor a
495	transition plan to incorporate the changes required by this act
496	and Pub. L. No. 105-220, specifying the manner of changes to the
497	board. This plan shall govern the transition, unless otherwise
498	notified by the Governor. The importance of minority, gender,
499	and geographic representation shall be considered when making
500	appointments to the board.
501	(b)  The board of directors of Workforce Florida, Inc.,
502	shall be chaired by a board member designated by the Governor
503	pursuant to Pub. L. No. 105-220 and shall serve no more than two
504	terms.
505	(c)  Members appointed by the Governor must be appointed
506	for 3-year 2-year terms. However, in order to establish
507	staggered terms for all board members' terms that commenced on
508	July 1, 2004, the Governor shall appoint or reappoint one-third
509	of the board members for 1-year terms, appoint or reappoint
510	another third of the board members for 2-year terms, and appoint
511	or reappoint the remaining third of the board members for 3-year
512	terms. Following the July 1, 2004, appointment or reappointment
513	of the entire board, the Governor shall appoint or reappoint
514	board members for exclusively 3-year terms, except that when a
515	board member is replaced prior to the end of that board member's
516	3-year term, his or her replacement shall be appointed to serve
517	only the remainder of the 3-year term, after which the
518	replacement may be appointed for a full 3-year term. Private
519	sector representatives of businesses, appointed by the Governor
520	pursuant to Pub. L. No. 105-220, shall constitute a majority of
521	the membership of the board. Private sector representatives
522	shall be appointed from nominations received by the Governor,
523	including, but not limited to, those nominations made by the
524	President of the Senate and the Speaker of the House of
525	Representatives from any member of the Legislature. A member of
526	the Legislature may submit more than one board nomination to the
527	Governor through his or her respective presiding officer.
528	Private sector appointments to the board shall be representative
529	of the business community of this state, and no less than one-
530	half of the appointments to the board must be representative of
531	small businesses and at least five members shall have economic
532	development experience. Members appointed by the Governor serve
533	at the pleasure of the Governor and are eligible for
534	reappointment.
535	(d)  The Governor shall appoint members to the board of
536	directors of Workforce Florida, Inc., within 30 days after the
537	receipt of a sufficient number of nominations.
538	(d)(e)  A member of the board of directors of Workforce
539	Florida, Inc., may be removed by the Governor for cause. Absence
540	from three consecutive meetings results in automatic removal.
541	The chair of Workforce Florida, Inc., shall notify the Governor
542	of such absences.
543	(e)(f)  Representatives of businesses appointed to the
544	board of directors may not include providers of workforce
545	services.
546	(4)(a)  The president of Workforce Florida, Inc., shall be
547	hired by the board of directors of Workforce Florida, Inc., and
548	shall serve at the pleasure of the Governor in the capacity of
549	an executive director and secretary of Workforce Florida, Inc.
550	(b)  The board of directors of Workforce Florida, Inc.,
551	shall meet at least quarterly and at other times upon call of
552	its chair. The board and its committees, subcommittees, and
553	other subdivisions may use any method of telecommunications to
554	conduct meetings, including establishing a quorum through
555	telecommunications, provided that the public is given proper
556	notice of the telecommunicated meeting and is given reasonable
557	access to observe and, when appropriate, participate.
558	(c)  A majority of the total current membership of the
559	board of directors of Workforce Florida, Inc., comprises a
560	quorum of the board.
561	(d)  A majority of those voting is required to organize and
562	conduct the business of the board, except that a majority of the
563	entire board of directors is required to adopt or amend the
564	bylaws operational plan.
565	(e)  Except as delegated or authorized by the board of
566	directors of Workforce Florida, Inc., individual members have no
567	authority to control or direct the operations of Workforce
568	Florida, Inc., or the actions of its officers and employees,
569	including the president.
570	(f)  Members of the board of directors of Workforce
571	Florida, Inc., and its committees shall serve without
572	compensation, but these members, the president, and all
573	employees of Workforce Florida, Inc., may be reimbursed for all
574	reasonable, necessary, and actual expenses pursuant to s.
575	112.061.
576	(g)  The board of directors of Workforce Florida, Inc., may
577	establish an executive committee consisting of the chair and at
578	least six additional board members selected by the chair board
579	of directors, one of whom must be a representative of organized
580	labor. The executive committee and the president shall have such
581	authority as the board delegates to it, except that the board of
582	directors may not delegate to the executive committee authority
583	to take action that requires approval by a majority of the
584	entire board of directors.
585	(h)  The chair may appoint committees to fulfill its
586	responsibilities, to comply with federal requirements, or to
587	obtain technical assistance, and must incorporate members of
588	regional workforce development boards into its structure. At a
589	minimum, the chair shall establish the following standing
590	councils: the First Jobs/First Wages Council, the Better
591	Jobs/Better Wages Council, and the High Skills/High Wages
592	Council. For purposes of Pub. L. No. 105-220, the First
593	Jobs/First Wages Council shall serve as the state's youth
594	council.
595	(i)  Each member of the board of directors who is not
596	otherwise required to file a financial disclosure pursuant to s.
597	8, Art. II of the State Constitution or s. 112.3144 must file
598	disclosure of financial interests pursuant to s. 112.3145.
599	(5)  Workforce Florida, Inc., shall have all the powers and
600	authority, not explicitly prohibited by statute, necessary or
601	convenient to carry out and effectuate the purposes as
602	determined by statute, Pub. L. No. 105-220, and the Governor, as
603	well as its functions, duties, and responsibilities, including,
604	but not limited to, the following:
605	(a)  Serving as the state's Workforce Investment Board
606	pursuant to Pub. L. No. 105-220. Unless otherwise required by
607	federal law, at least 90 percent of the workforce development
608	funding must go into direct customer service costs.
609	(b)  Providing oversight and policy direction to ensure
610	that the following programs are administered by the Agency for
611	Workforce Innovation in compliance with approved plans and under
612	contract with Workforce Florida, Inc.:
613	1.  Programs authorized under Title I of the Workforce
614	Investment Act of 1998, Pub. L. No. 105-220, with the exception
615	of programs funded directly by the United States Department of
616	Labor under Title I, s. 167.
617	2.  Programs authorized under the Wagner-Peyser Act of
618	1933, as amended, 29 U.S.C. ss. 49 et seq.
619	3.  Welfare-to-work grants administered by the United
620	States Department of Labor under Title IV, s. 403, of the Social
621	Security Act, as amended.
622	3.4.  Activities authorized under Title II of the Trade Act
623	of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the Trade
624	Adjustment Assistance Program.
625	4.5.  Activities authorized under 38 U.S.C., chapter 41,
626	including job counseling, training, and placement for veterans.
627	6.  Employment and training activities carried out under
628	the Community Services Block Grant Act, 42 U.S.C. ss. 9901 et
629	seq.
630	5.7.  Employment and training activities carried out under
631	funds awarded to this state by the United States Department of
632	Housing and Urban Development.
633	6.8.  Welfare transition services funded by the Temporary
634	Assistance for Needy Families Program, created under the
635	Personal Responsibility and Work Opportunity Reconciliation Act
636	of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
637	of the Social Security Act, as amended.
638	7.9.  Displaced homemaker programs, provided under s.
639	446.50.
640	8.10.  The Florida Bonding Program, provided under Pub. L.
641	No. 97-300, s. 164(a)(1).
642	9.11.  The Food Stamp Employment and Training Program,
643	provided under the Food Stamp Act of 1977, U.S.C. ss. 2011-2032;
644	the Food Security Act of 1988, Pub. L. No. 99-198; and the
645	Hunger Prevention Act, Pub. L. No. 100-435.
646	10.12.  The Quick-Response Training Program, provided under
647	ss. 288.046-288.047. Matching funds and in-kind contributions
648	that are provided by clients of the Quick-Response Training
649	Program shall count toward the requirements of s.
650	288.90151(5)(d), pertaining to the return on investment from
651	activities of Enterprise Florida, Inc.
652	11.13.  The Work Opportunity Tax Credit, provided under the
653	Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
654	and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
655	12.14.  Offender placement services, provided under ss.
656	944.707-944.708.
657	15.  Programs authorized under the National and Community
658	Service Act of 1990, 42 U.S.C. ss. 12501 et seq., and the
659	Service-America programs, the National Service Trust programs,
660	the Civilian Community Corps, the Corporation for National and
661	Community Service, the American Conservation and Youth Service
662	Corps, and the Points of Light Foundation programs, if such
663	programs are awarded to the state.
664	(c)  Contracting with public and private entities as
665	necessary to further the directives of this section. All
666	contracts executed by Workforce Florida, Inc., must include
667	specific performance expectations and deliverables. All
668	Workforce Florida, Inc., contracts, including those solicited,
669	managed, or paid by the Agency for Workforce Innovation pursuant
670	to s. 20.50(2), are exempt from s. 112.061 and chapters 120 and
671	287.
672	(d)  Notifying the Governor, the President of the Senate,
673	and the Speaker of the House of Representatives of noncompliance
674	by the Agency for Workforce Innovation or other agencies or
675	obstruction of the board's efforts by such agencies. Upon such
676	notification, the Executive Office of the Governor shall assist
677	agencies to bring them into compliance with board objectives.
678	(e)  Ensuring that the state does not waste valuable
679	training resources. Thus, the board shall direct that all
680	resources, including equipment purchased for training Workforce
681	Investment Act clients, be available for use at all times by
682	eligible populations as first priority users. At times when
683	eligible populations are not available, such resources shall be
684	used for any other state authorized education and training
685	purpose. Workforce Florida, Inc., may pay for appropriate
686	promotional activities, incentives, and awards for performance
687	by regional workforce boards, its committees and subdivisions,
688	and other units of the state's workforce system. Expenditures
689	for such activities, incentives, and awards shall not be subject
690	to chapter 287 or chapter 17, including rules adopted
691	thereunder. However, all expenditures for such activities,
692	incentives, and awards shall be exclusively subject to federal
693	rules and regulations applicable to expenditure of federal
694	funds.
695	(f)  Archiving records with the Bureau of Archives and
696	Records Management of the Division of Library and Information
697	Services of the Department of State.
698	(6)  Workforce Florida, Inc., may take action that it deems
699	necessary to achieve the purposes of this section, including,
700	but not limited to:
701	(a)  Creating a state employment, education, and training
702	policy that ensures that programs to prepare workers are
703	responsive to present and future business and industry needs and
704	complement the initiatives of Enterprise Florida, Inc.
705	(b)  Establishing policy direction for a funding system
706	that provides incentives to improve the outcomes of career
707	education programs, and of registered apprenticeship and work-
708	based learning programs, and that focuses resources on
709	occupations related to new or emerging industries that add
710	greatly to the value of the state's economy.
711	(c)  Establishing a comprehensive policy related to the
712	education and training of target populations such as those who
713	have disabilities, are economically disadvantaged, receive
714	public assistance, are not proficient in English, or are
715	dislocated workers. This approach should ensure the effective
716	use of federal, state, local, and private resources in reducing
717	the need for public assistance.
718	(d)  Designating Institutes of Applied Technology composed
719	of public and private postsecondary institutions working
720	together with business and industry to ensure that career
721	education programs use the most advanced technology and
722	instructional methods available and respond to the changing
723	needs of business and industry.
724	(e)  Providing policy direction for a system to project and
725	evaluate labor market supply and demand using the results of the
726	Workforce Estimating Conference created in s. 216.136 and the
727	career education performance standards identified under s.
728	1008.43.
729	(f)  Reviewing the performance of public programs that are
730	responsible for economic development, education, employment, and
731	training. The review must include an analysis of the return on
732	investment of these programs.
733	(g)  Expanding the occupations identified by the Workforce
734	Estimating Conference to meet needs created by local emergencies
735	or plant closings or to capture occupations within emerging
736	industries.
737	(7)  By December 1 of each year, Workforce Florida, Inc.,
738	shall submit to the Governor, the President of the Senate, the
739	Speaker of the House of Representatives, the Senate Minority
740	Leader, and the House Minority Leader a complete and detailed
741	annual report setting forth:
742	(a)  All audits, including the audit in subsection (8), if
743	conducted.
744	(b)  The operations and accomplishments of the board
745	partnership including the programs or entities listed in
746	subsection (6).
747	(8)  The Auditor General may, pursuant to his or her own
748	authority or at the direction of the Legislative Auditing
749	Committee, conduct an audit of Workforce Florida, Inc., or the
750	programs or entities created by Workforce Florida, Inc. The
751	Office of Program Policy Analysis and Government Accountability,
752	pursuant to its authority or at the direction of the Legislative
753	Auditing Committee, may review the systems and controls related
754	to performance outcomes and quality of services of Workforce
755	Florida, Inc.
756	(9)  Workforce Florida, Inc., in collaboration with the
757	regional workforce boards and appropriate state agencies and
758	local public and private service providers, and in consultation
759	with the Office of Program Policy Analysis and Government
760	Accountability, shall establish uniform measures and standards
761	to gauge the performance of the workforce development strategy.
762	These measures and standards must be organized into three
763	outcome tiers.
764	(a)  The first tier of measures must be organized to
765	provide benchmarks for systemwide outcomes. Workforce Florida,
766	Inc., must, in collaboration with the Office of Program Policy
767	Analysis and Government Accountability, establish goals for the
768	tier-one outcomes. Systemwide outcomes may include employment in
769	occupations demonstrating continued growth in wages; continued
770	employment after 3, 6, 12, and 24 months; reduction in and
771	elimination of public assistance reliance; job placement;
772	employer satisfaction; and positive return on investment of
773	public resources.
774	(b)  The second tier of measures must be organized to
775	provide a set of benchmark outcomes for the initiatives of the
776	First Jobs/First Wages Council, the Better Jobs/Better Wages
777	Council, and the High Skills/High Wages Council and for each of
778	the strategic components of the workforce development strategy.
779	Cost per entered employment, earnings at placement, retention in
780	employment, job placement, and entered employment rate must be
781	included among the performance outcome measures.
782	(c)  The third tier of measures must be the operational
783	output measures to be used by the agency implementing programs,
784	and it may be specific to federal requirements. The tier-three
785	measures must be developed by the agencies implementing
786	programs, and Workforce Florida, Inc., may be consulted in this
787	effort. Such measures must be reported to Workforce Florida,
788	Inc., by the appropriate implementing agency.
789	(d)  Regional differences must be reflected in the
790	establishment of performance goals and may include job
791	availability, unemployment rates, average worker wage, and
792	available employable population.
793	(e)  Job placement must be reported pursuant to s. 1008.39.
794	Positive outcomes for providers of education and training must
795	be consistent with ss. 1008.42 and 1008.43.
796	(f)  The uniform measures of success that are adopted by
797	Workforce Florida, Inc., or the regional workforce boards must
798	be developed in a manner that provides for an equitable
799	comparison of the relative success or failure of any service
800	provider in terms of positive outcomes.
801	(g)  By December 1 of each year, Workforce Florida, Inc.,
802	shall provide the Legislature with a report detailing the
803	performance of Florida's workforce development system, as
804	reflected in the three-tier measurement system. Additionally,
805	this report must benchmark Florida outcomes, at all tiers,
806	against other states that collect data similarly.
807	(10)  The workforce development strategy for the state
808	shall be designed by Workforce Florida, Inc., and shall be
809	centered around the strategies of First Jobs/First Wages, Better
810	Jobs/Better Wages, and High Skills/High Wages.
811	(a)  First Jobs/First Wages is the state's strategy to
812	promote successful entry into the workforce through education
813	and workplace experience that lead to self-sufficiency and
814	career advancement. The components of the strategy include
815	efforts that enlist business, education, and community support
816	for students to achieve long-term career goals, ensuring that
817	young people have the academic and occupational skills required
818	to succeed in the workplace. The strategy must also assist
819	employers in upgrading or updating the skills of their employees
820	and assisting workers in acquiring the education or training
821	needed to secure better jobs with better wages. The strategy
822	must assist the state's efforts to attract and expand job-
823	creating businesses offering high-paying, high-demand
824	occupations. A minimum of 15 percent of all Workforce Investment
825	Act youth services funds shall be expended for after-school care
826	programs, through contracts with qualified community-based
827	organizations and faith-based organizations, on an equal basis
828	with other private organizations, to provide after-school care
829	programs to eligible children 14 through 18 years of age. These
830	programs shall include academic tutoring, mentoring, and other
831	appropriate services. Similar services may be provided for
832	eligible children 6 through 13 years of age using Temporary
833	Assistance for Needy Families funds. Funds expended under this
834	paragraph may not be used for religious or sectarian purposes.
835	To provide after-school care programs under this paragraph, a
836	community-based organization or a faith-based organization must
837	be a nonprofit organization that holds a current exemption from
838	federal taxation under s. 501(c)(3) or (4) of the Internal
839	Revenue Code or must be a religious organization that is not
840	required to apply for recognition of its exemption from federal
841	taxation under s. 501(c)(3) of the Internal Revenue Code.
842	(b)  Better Jobs/Better Wages is the state's strategy for
843	assisting employers in upgrading or updating the skills of their
844	employees and for assisting incumbent workers in improving their
845	performance in their current jobs or acquiring the education or
846	training needed to secure a better job with better wages.
847	(c)  High Skills/High Wages is the state's strategy for
848	aligning education and training programs with high-paying, high-
849	demand occupations that advance individuals' careers, build a
850	more skilled workforce, and enhance Florida's efforts to attract
851	and expand job-creating businesses.
852	(11)  The workforce development system shall use a charter-
853	process approach aimed at encouraging local design and control
854	of service delivery and targeted activities. Workforce Florida,
855	Inc., shall be responsible for granting charters to regional
856	workforce boards that have a membership consistent with the
857	requirements of federal and state law and that have developed a
858	plan consistent with the state's workforce development strategy.
859	The plan must specify methods for allocating the resources and
860	programs in a manner that eliminates unwarranted duplication,
861	minimizes administrative costs, meets the existing job market
862	demands and the job market demands resulting from successful
863	economic development activities, ensures access to quality
864	workforce development services for all Floridians, allows for
865	pro rata or partial distribution of benefits and services,
866	prohibits the creation of a waiting list or other indication of
867	an unserved population, serves as many individuals as possible
868	within available resources, and maximizes successful outcomes.
869	As part of the charter process, Workforce Florida, Inc., shall
870	establish incentives for effective coordination of federal and
871	state programs, outline rewards for successful job placements,
872	and institute collaborative approaches among local service
873	providers. Local decisionmaking and control shall be important
874	components for inclusion in this charter application.
875	Section 5.  Section 445.006, Florida Statutes, is amended
876	to read:
877	445.006  Strategic and operational plans plan for workforce
878	development.--
879	(1)  Workforce Florida, Inc., in conjunction with state and
880	local partners in the workforce system, shall develop a
881	strategic plan for workforce, with the goal of producing skilled
882	employees for employers in the state. The strategic plan shall
883	be submitted to the Governor, the President of the Senate, and
884	the Speaker of the House of Representatives by February 1, 2001.
885	The strategic plan shall be updated or modified by January 1 of
886	each year thereafter. The plan must include, but need not be
887	limited to, strategies for:
888	(a)  Fulfilling the workforce system goals and strategies
889	prescribed in s. 445.004;
890	(b)  Aggregating, integrating, and leveraging workforce
891	system resources;
892	(c)  Coordinating the activities of federal, state, and
893	local workforce system partners;
894	(d)  Addressing the workforce needs of small businesses;
895	and
896	(e)  Fostering the participation of rural communities and
897	distressed urban cores in the workforce system.
898	(2)  Workforce Florida, Inc., shall establish an
899	operational plan to implement the strategic plan. The
900	operational plan shall be submitted to the Governor, the
901	President of the Senate, and the Speaker of the House of
902	Representatives along with the strategic plan and shall reflect
903	the allocation of resources as appropriated by the Legislature
904	to specific responsibilities enumerated in law. As a component
905	of the operational strategic plan required under this section,
906	Workforce Florida, Inc., shall develop a workforce marketing
907	plan, with the goal of educating individuals inside and outside
908	the state about the employment market and employment conditions
909	in the state. The marketing plan must include, but need not be
910	limited to, strategies for:
911	(a)  Distributing information to secondary and
912	postsecondary education institutions about the diversity of
913	businesses in the state, specific clusters of businesses or
914	business sectors in the state, and occupations by industry which
915	are in demand by employers in the state;
916	(b)  Distributing information about and promoting use of
917	the Internet-based job matching and labor market information
918	system authorized under s. 445.011; and
919	(c)  Coordinating with Enterprise Florida, Inc., to ensure
920	that workforce marketing efforts complement the economic
921	development marketing efforts of the state.
922	(3)  The operational strategic plan must include
923	performance measures, standards, measurement criteria, and
924	contract guidelines in the following areas with respect to
925	participants in the welfare transition program:
926	(a)  Work participation rates, by type of activity;
927	(b)  Caseload trends;
928	(c)  Recidivism;
929	(d)  Participation in diversion and relocation assistance
930	programs;
931	(e)  Employment retention;
932	(f)  Wage growth; and
933	(g)  Other issues identified by the board of directors of
934	Workforce Florida, Inc.
935	(4)  The operational strategic plan must include criteria
936	for allocating workforce resources to regional workforce boards.
937	With respect to allocating funds to serve customers of the
938	welfare transition program, such criteria may include weighting
939	factors that indicate the relative degree of difficulty
940	associated with securing and retaining employment placements for
941	specific subsets of the welfare transition caseload.
942	(5)(a)  The operational strategic plan may must include a
943	performance-based payment structure to be used for all welfare
944	transition program customers which takes into account:
945	1.  The degree of difficulty associated with placement and
946	retention;
947	2.  The quality of the placement with respect to salary,
948	benefits, and opportunities for advancement; and
949	3.  The employee's retention in the placement.
950	(b)  The payment structure may must provide for bonus
951	payments of up to 10 percent of the contract amount to providers
952	that achieve notable success in achieving contract objectives,
953	including, but not limited to, success in diverting families in
954	which there is an adult who is subject to work requirements from
955	receiving cash assistance and in achieving long-term job
956	retention and wage growth with respect to welfare transition
957	program customers. A service provider shall be paid a maximum of
958	one payment per service for each participant during any given 6-
959	month period.
960	(6)(a)  The operational strategic plan must include
961	strategies that are designed to prevent or reduce the need for a
962	person to receive public assistance. These strategies must
963	include:
964	1.  A teen pregnancy prevention component that includes,
965	but is not limited to, a plan for implementing the Florida
966	Education Now and Babies Later (ENABL) program under s. 411.242
967	and the Teen Pregnancy Prevention Community Initiative within
968	each county of the services area in which the teen birth rate is
969	higher than the state average;
970	2.  A component that encourages creation of community-based
971	welfare prevention and reduction initiatives that increase
972	support provided by noncustodial parents to their welfare-
973	dependent children and are consistent with program and financial
974	guidelines developed by Workforce Florida, Inc., and the
975	Commission on Responsible Fatherhood. These initiatives may
976	include, but are not limited to, improved paternity
977	establishment, work activities for noncustodial parents,
978	programs aimed at decreasing out-of-wedlock pregnancies,
979	encouraging involvement of fathers with their children including
980	court-ordered supervised visitation, and increasing child
981	support payments;
982	3.  A component that encourages formation and maintenance
983	of two-parent families through, among other things, court-
984	ordered supervised visitation;
985	4.  A component that fosters responsible fatherhood in
986	families receiving assistance; and
987	5.  A component that fosters provision of services that
988	reduce the incidence and effects of domestic violence on women
989	and children in families receiving assistance.
990	(b)  Specifications for welfare transition program services
991	that are to be delivered include, but are not limited to:
992	1.  Initial assessment services prior to an individual
993	being placed in an employment service, to determine whether the
994	individual should be referred for relocation, up-front
995	diversion, education, or employment placement. Assessment
996	services shall be paid on a fixed unit rate and may not provide
997	educational or employment placement services.
998	2.  Referral of participants to diversion and relocation
999	programs.
1000	3.  Preplacement services, including assessment, staffing,
1001	career plan development, work orientation, and employability
1002	skills enhancement.
1003	4.  Services necessary to secure employment for a welfare
1004	transition program participant.
1005	5.  Services necessary to assist participants in retaining
1006	employment, including, but not limited to, remedial education,
1007	language skills, and personal and family counseling.
1008	6.  Desired quality of job placements with regard to
1009	salary, benefits, and opportunities for advancement.
1010	7.  Expectations regarding job retention.
1011	8.  Strategies to ensure that transition services are
1012	provided to participants for the mandated period of eligibility.
1013	9.  Services that must be provided to the participant
1014	throughout an education or training program, such as monitoring
1015	attendance and progress in the program.
1016	10.  Services that must be delivered to welfare transition
1017	program participants who have a deferral from work requirements
1018	but wish to participate in activities that meet federal
1019	participation requirements.
1020	11.  Expectations regarding continued participant awareness
1021	of available services and benefits.
1022	Section 6.  Subsections (1), (2), and (11) of section
1023	445.007, Florida Statutes, are amended to read:
1024	445.007  Regional workforce boards; exemption from public
1025	meetings law.--
1026	(1)  One regional workforce board shall be appointed in
1027	each designated service delivery area and shall serve as the
1028	local workforce investment board pursuant to Pub. L. No. 105-
1029	220. The membership of the board shall be consistent with Pub.
1030	L. No. 105-220, Title I, s. 117(b), and contain one
1031	representative from a nonpublic postsecondary educational
1032	institution that is an authorized individual training account
1033	provider within the region and confers certificates and
1034	diplomas, one representative from a nonpublic postsecondary
1035	educational institution that is an authorized individual
1036	training account provider within the region and confers degrees,
1037	and three representatives of organized labor. The board shall
1038	include one nonvoting representative from a military
1039	installation if a military installation is located within the
1040	region and the appropriate military command or organization
1041	authorizes such representation. Individuals serving as members
1042	of regional workforce development boards or local WAGES
1043	coalitions, as of June 30, 2000, are eligible for appointment to
1044	regional workforce boards, pursuant to this section. It is the
1045	intent of the Legislature that, whenever possible and to the
1046	greatest extent practicable, membership of a regional workforce
1047	board include persons who are current or former recipients of
1048	welfare transition assistance as defined in s. 445.002(3) or
1049	workforce services as provided in s. 445.009(1), or that such
1050	persons be included as ex officio members of the board or of
1051	committees organized by the board. The importance of minority
1052	and gender representation shall be considered when making
1053	appointments to the board. The board and its committees,
1054	subcommittees, and subdivisions, or other units of the workforce
1055	system, including units that may consist in whole or in part of
1056	local governmental units, may use any method of
1057	telecommunications to conduct meetings, including establishing a
1058	quorum through telecommunications. Regional workforce boards are
1059	subject to the provisions of chapter 119 relating to public
1060	records and the provisions of chapter 286 relating to public
1061	meetings. If the regional workforce board enters into a contract
1062	with an organization or individual represented on the board of
1063	directors, the contract must be approved by a two-thirds vote of
1064	the entire board, and the board member who could benefit
1065	financially from the transaction must abstain from voting on the
1066	contract. A board member must disclose any such conflict in a
1067	manner that is consistent with the procedures outlined in s.
1068	112.3143.
1069	(2)  The regional workforce board shall elect a chair from
1070	among the representatives described in Pub. L. No. 105-220,
1071	Title I, s. 117(b)(2)(A)(i) to serve for a term of no more than
1072	2 years and serve no more than two terms. Workforce Florida,
1073	Inc., will determine the timeframe and manner of changes to the
1074	regional workforce boards as required by this chapter and Pub.
1075	L. No. 105-220.
1076	(11)  For purposes of procurement, regional workforce
1077	boards and their administrative entities are not state agencies
1078	and are therefore exempt from chapters 120 and 287, but the
1079	boards and their administrative entities must comply with state
1080	procurement laws and procedures until Workforce Florida, Inc.,
1081	adopts the provisions or alternative procurement procedures that
1082	meet the requirements of federal law. Regional workforce boards
1083	and their administrative entities, committees, and subcommittees
1084	and other workforce units may promote appropriate activities,
1085	incentives, and awards for performance by units of the state's
1086	workforce system, and expenditures for such activities,
1087	incentives, and awards shall not be subject to chapter 287 or
1088	chapter 17, including rules adopted thereunder. However, all
1089	expenditures for such activities, incentives, and awards shall
1090	be exclusively subject to federal rules and regulations
1091	applicable to expenditure of federal funds. All contracts
1092	executed by regional workforce boards must include specific
1093	performance expectations and deliverables.
1094	Section 7.  Subsection (3) and paragraph (d) of subsection
1095	(8) of section 445.009, Florida Statutes, are amended to read:
1096	445.009  One-stop delivery system.--
1097	(3)  Notwithstanding any other provision of law, any
1098	memorandum of understanding in effect on June 30, 2000, between
1099	a regional workforce board and the Department of Labor and
1100	Employment Security governing the delivery of workforce services
1101	shall remain in effect until September 30, 2000. Beginning
1102	October 1, 2000, regional workforce boards shall enter into a
1103	memorandum of understanding with the Agency for Workforce
1104	Innovation for the delivery of employment services authorized by
1105	the federal Wagner-Peyser Act. This memorandum of understanding
1106	must be performance based.
1107	(a)  Unless otherwise required by federal law, at least 90
1108	percent of the Wagner-Peyser funding must go into direct
1109	customer service costs.
1110	(b)  Employment services must be provided through the one-
1111	stop delivery system, under the guidance of one-stop delivery
1112	system operators. One-stop delivery system operators shall have
1113	overall authority for directing the staff of the workforce
1114	system. Personnel matters shall remain under the ultimate
1115	authority of the Agency for Workforce Innovation. However, the
1116	one-stop delivery system operator shall submit to the agency
1117	information concerning the job performance of agency employees
1118	who deliver employment services. The agency shall consider any
1119	such information submitted by the one-stop delivery system
1120	operator in conducting performance appraisals of the employees.
1121	(c)  The agency shall retain fiscal responsibility and
1122	accountability for the administration of funds allocated to the
1123	state under the Wagner-Peyser Act. An agency employee who is
1124	providing services authorized under the Wagner-Peyser Act shall
1125	be paid using Wagner-Peyser Act funds.
1126	(d)  The Office of Program Policy Analysis and Government
1127	Accountability, in consultation with Workforce Florida, Inc.,
1128	shall review the delivery of employment services under the
1129	Wagner-Peyser Act and the integration of those services with
1130	other activities performed through the one-stop delivery system
1131	and shall provide recommendations to the Legislature for
1132	improving the effectiveness of the delivery of employment
1133	services in this state. The Office of Program Policy Analysis
1134	and Government Accountability shall submit a report and
1135	recommendations to the Governor, the President of the Senate,
1136	and the Speaker of the House of Representatives by December 31,
1137	2002.
1138	(8)
1139	(d)  To the maximum extent possible, training providers
1140	shall use funding sources other than the funding provided under
1141	Pub. L. No. 105-220. Workforce Florida, Inc., shall develop a
1142	system to encourage the leveraging of appropriated resources for
1143	the workforce system and shall report on such efforts as part of
1144	the required annual report. A performance outcome related to
1145	alternative financing obtained by the training provider shall be
1146	established by Workforce Florida, Inc., and used for performance
1147	evaluation purposes. The performance evaluation must take into
1148	consideration the number of alternative funding sources.
1149	Section 8.  Section 445.019, Florida Statutes, is amended
1150	to read:
1151	445.019  Teen parent and pregnancy prevention diversion
1152	program; eligibility for services.--The Legislature recognizes
1153	that teen pregnancy is a major cause of dependency on government
1154	assistance that often extends through more than one generation.
1155	The purpose of the teen parent and pregnancy prevention
1156	diversion program is to provide services to reduce and avoid
1157	welfare dependency by reducing teen pregnancy, reducing the
1158	incidence of multiple pregnancies to teens, and by assisting
1159	teens in completing educational and employment programs.
1160	(1)  Notwithstanding any provision to the contrary in ss.
1161	414.075, 414.085, and 414.095, a teen who is determined to be at
1162	risk of teen pregnancy or who already has a child shall be
1163	deemed eligible to receive services under this program.
1164	(2)  Services provided under this program shall be limited
1165	to services that are not considered assistance under federal law
1166	or guidelines.
1167	(3)  Receipt of services under this section does not
1168	preclude eligibility for, or receipt of, other assistance or
1169	services under chapter 414.
1170	Section 9.  Section 445.020, Florida Statutes, is amended
1171	to read:
1172	445.020  Diversion programs; determination of need.--If
1173	federal regulations require a determination of needy families or
1174	needy parents to be based on financial criteria, such as income
1175	or resources, for individuals or families who are receiving
1176	services, one-time payments, or nonrecurring short-term
1177	benefits, the Temporary Assistance for Needy Families State Plan
1178	Department of Children and Family Services shall clearly
1179	indicate adopt rules to define such criteria. In such rules, the
1180	department shall use the income level established for Temporary
1181	Assistance for Needy Families funds which are transferred for
1182	use under Title XX of the Social Security Act. If federal
1183	regulations do not require a financial determination for receipt
1184	of such benefits, payments, or services, the criteria otherwise
1185	established in this chapter shall be used.
1186	Section 10.  Sections 445.005, 445.012, 445.0121, 445.0122,
1187	445.0123, 445.0124, 445.0125, 445.013, 446.21, 446.22, 446.23,
1188	446.24, 446.25, 446.26, and 446.27, Florida Statutes, are
1189	repealed.
1190	Section 11.  This act shall take effect July 1, 2005.

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