Senate Bill sb1650
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
By Senator King
8-491D-05
1 A bill to be entitled
2 An act relating to workforce innovation;
3 amending s. 20.50, F.S.; revising the
4 organization, powers, and duties of the Agency
5 for Workforce Innovation; deleting references
6 to specific programs; amending s. 445.003,
7 F.S.; revising certain provisions relating to
8 funding under the federal Workforce Investment
9 Act of 1998; deleting obsolete provisions;
10 amending s. 445.004, F.S.; providing that
11 members and employees of Workforce Florida,
12 Inc., are covered by the waiver of sovereign
13 immunity in s. 768.28, F.S.; revising
14 membership and appointment of the board of
15 directors of Workforce Florida, Inc., and
16 increasing terms of members; providing for use
17 of telecommunications to facilitate meetings;
18 revising duties of the board chair and of
19 Workforce Florida, Inc.; providing for rules;
20 providing additional qualifications for certain
21 board members; authorizing activities,
22 incentives, and awards; amending s. 445.006,
23 F.S.; providing for an operational plan;
24 amending s. 445.007, F.S.; providing for the
25 use of telecommunications to facilitate
26 meetings of regional workforce boards;
27 authorizing activities, incentives, and awards
28 by regional workforce boards and their
29 subordinate entities; deleting obsolete
30 provisions; amending s. 445.009, F.S.; deleting
31 provisions relating to performance evaluation;
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 deleting obsolete provisions; requiring
2 development of a plan for leveraging resources;
3 amending s. 445.019, F.S.; providing an
4 additional purpose of the teen parent and
5 pregnancy prevention diversion program;
6 amending s. 445.020, F.S.; requiring the
7 Temporary Assistance for Needy Families state
8 plan to indicate financial criteria for
9 determination of needy families or parents,
10 when required by federal regulations; amending
11 s. 427.012, F.S.; providing for the director of
12 the agency to serve on the Commission for the
13 Transportation Disadvantaged; repealing s.
14 445.005, F.S., relating to First Jobs/First
15 Wages, Better Jobs/Better Wages, and High
16 Skills/High Wages Councils of Workforce
17 Florida, Inc., s. 445.012, F.S., relating to
18 Careers for Florida's Future Incentive Grant
19 Program, s. 445.0121, F.S., relating to student
20 eligibility requirements for initial awards, s.
21 445.0122, F.S., relating to student eligibility
22 requirements for renewal awards, s. 445.0123,
23 F.S., relating to eligible postsecondary
24 education institutions, s. 445.0124, F.S.,
25 relating to eligible programs, s. 445.0125,
26 F.S., relating to repayment schedule, s.
27 445.013, F.S., relating to challenge grants in
28 support of welfare-to-work initiatives, s.
29 446.21, F.S., providing a short title, s.
30 446.22, F.S., relating to definitions for the
31 Florida Youth-at-Risk 2000 Pilot Program, s.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 446.23, F.S., relating to obligations of a
2 mentor, s. 446.24, F.S., relating to
3 obligations of a youth participant, s. 446.25,
4 F.S., relating to implementation of the
5 program, s. 446.26, F.S., relating to funding
6 the program, and s. 446.27, F.S., relating to
7 an annual report; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 20.50, Florida Statutes, as amended
12 by section 4 of chapter 2004-484, Laws of Florida, is amended
13 to read:
14 20.50 Agency for Workforce Innovation.--There is
15 created the Agency for Workforce Innovation within the
16 Department of Management Services. The agency shall be a
17 separate budget entity, as provided in the General
18 Appropriations Act, and the director of the agency shall be
19 the agency head for all purposes. The agency shall not be
20 subject to control, supervision, or direction by the
21 Department of Management Services in any manner, including,
22 but not limited to, personnel, purchasing, transactions
23 involving real or personal property, and budgetary matters.
24 (1) The Agency for Workforce Innovation shall ensure
25 that the state appropriately administers federal and state
26 workforce funding by administering plans and policies of
27 Workforce Florida, Inc., under contract with Workforce
28 Florida, Inc. The operating budget and midyear amendments
29 thereto must be part of such contract.
30 (a) All program and fiscal instructions to regional
31 workforce boards shall emanate from the agency pursuant to
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 plans and policies of Workforce Florida, Inc. Workforce
2 Florida, Inc., shall be responsible for all policy directions
3 to the regional boards.
4 (b) Unless otherwise provided by agreement with
5 Workforce Florida, Inc., administrative and personnel policies
6 of the Agency for Workforce Innovation shall apply.
7 (2)(a) The Agency for Workforce Innovation is the
8 administrative agency designated for receipt of federal
9 workforce development grants and other federal funds. The
10 agency shall administer the duties and responsibilities
11 assigned by the Governor under each federal grant assigned to
12 the agency. The agency shall be a separate budget entity and
13 shall expend each revenue source as provided by federal and
14 state law and as provided in plans developed by and agreements
15 with Workforce Florida, Inc. The agency may serve as contract
16 administrator for Workforce Florida, Inc., contracts pursuant
17 to s. 445.004(5) as directed by Workforce Florida, Inc.
18 (b) The agency shall prepare and submit as a separate
19 budget entity a unified budget request for workforce
20 development, in accordance with chapter 216 for, and in
21 conjunction with, Workforce Florida, Inc., and its board. The
22 head of the agency is the director of Workforce Innovation,
23 who shall be appointed by the Governor. The accountability and
24 reporting functions of the agency shall be administered by the
25 director or his or her designee. These functions shall include
26 budget management, financial management, audit, performance
27 management standards and controls, assessing outcomes of
28 service delivery, and financial administration of workforce
29 programs under s. 445.004(5) and (9).
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 (c) The agency shall include the following offices
2 within its organizational structure which shall have the
3 specified responsibilities:
4 (a) the Office of Unemployment Compensation Workforce
5 Services, shall administer the unemployment compensation
6 program, the Rapid Response program, the Work Opportunity Tax
7 Credit program, the Alien Labor Certification program, and any
8 other programs that are delivered directly by agency staff
9 rather than through the one-stop delivery system. The office
10 shall be directed by the Deputy Director for Workforce
11 Services, who shall be appointed by and serve at the pleasure
12 of the director.
13 (b) the Office of Workforce Program Support, and
14 Accountability shall administer state merit system program
15 staff within the workforce service delivery system, under the
16 policies of Workforce Florida, Inc. The office is responsible
17 for delivering services through the one-stop delivery system
18 and for ensuring that participants in welfare transition
19 programs receive case management services, diversion
20 assistance, support services, including child care and
21 transportation services, Medicaid services, and transition
22 assistance to enable them to succeed in the workforce. The
23 office is also responsible for program quality assurance,
24 grants and contract management, contracting, financial
25 management, and reporting. The office shall be directed by the
26 Deputy Director for Program Support and Accountability, who
27 shall be appointed by and serve at the pleasure of the
28 director. The office is responsible for:
29 1. Establishing monitoring, quality assurance, and
30 quality improvement systems that routinely assess the quality
31 and effectiveness of contracted programs and services.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 2. Annual review of each regional workforce board and
2 administrative entity to ensure that adequate systems of
3 reporting and control are in place; that monitoring, quality
4 assurance, and quality improvement activities are conducted
5 routinely; and that corrective action is taken to eliminate
6 deficiencies.
7 (c) the Office of Early Learning, and shall administer
8 the school readiness system in accordance with s. 411.01 and
9 the operational requirements of the Voluntary Prekindergarten
10 Education Program in accordance with part V of chapter 1002.
11 The office shall be directed by the Deputy Director for Early
12 Learning, who shall be appointed by and serve at the pleasure
13 of the director.
14 (d) the Office of Agency Support Services. The
15 director of the agency may establish the positions of
16 assistant director and deputy director to administer the
17 requirements and functions of the agency. In addition, the
18 director may organize and structure the agency to best meet
19 the goals and objectives of the agency. is responsible for
20 procurement, human resource services, and information services
21 including delivering information on labor markets, employment,
22 occupations, and performance, and shall implement and maintain
23 information systems that are required for the effective
24 operation of the one-stop delivery system and the school
25 readiness system, including, but not limited to, those systems
26 described in s. 445.009. The office shall be directed by the
27 Deputy Director for Agency Support Services, who shall be
28 appointed by and serve at the pleasure of the director. The
29 office is responsible for establishing:
30 1. Information systems and controls that report
31 reliable, timely and accurate fiscal and performance data for
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 assessing outcomes, service delivery, and financial
2 administration of workforce programs under s. 445.004(5) and
3 (9).
4 2. Information systems that support service
5 integration and case management by providing for case tracking
6 for participants in welfare transition programs.
7 3. Information systems that support school readiness
8 system.
9 (d)(e) The Unemployment Appeals Commission, authorized
10 by s. 443.012, is not subject to control, supervision, or
11 direction by the Agency for Workforce Innovation in the
12 performance of its powers and duties but shall receive any and
13 all support and assistance from the agency that is required
14 for the performance of its duties.
15 (3) The Agency for Workforce Innovation shall serve as
16 the designated agency for purposes of each federal workforce
17 development grant assigned to it for administration. The
18 agency shall carry out the duties assigned to it by the
19 Governor, under the terms and conditions of each grant. The
20 agency shall have the level of authority and autonomy
21 necessary to be the designated recipient of each federal grant
22 assigned to it, and shall disperse such grants pursuant to the
23 plans and policies of Workforce Florida, Inc. The director
24 may, upon delegation from the Governor and pursuant to
25 agreement with Workforce Florida, Inc., sign contracts,
26 grants, and other instruments as necessary to execute
27 functions assigned to the agency. Notwithstanding other
28 provisions of law, the following federal grants and other
29 funds are assigned for administration to the Agency for
30 Workforce Innovation shall administer:
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 (a) Programs authorized under Title I of the Workforce
2 Investment Act of 1998, Pub. L. No. 105-220, except for
3 programs funded directly by the United States Department of
4 Labor under Title I, s. 167.
5 (b) Programs authorized under the Wagner-Peyser Act of
6 1933, as amended, 29 U.S.C. ss. 49 et seq.
7 (c) Welfare-to-work grants administered by the United
8 States Department of Labor under Title IV, s. 403, of the
9 Social Security Act, as amended.
10 (d) Activities authorized under Title II of the Trade
11 Act of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the
12 Trade Adjustment Assistance Program.
13 (e) Activities authorized under chapter 41 of Title 38
14 U.S.C., including job counseling, training, and placement for
15 veterans.
16 (f) Employment and training activities carried out
17 under the Community Services Block Grant Act, 42 U.S.C. ss.
18 9901 et seq.
19 (g) Employment and training activities carried out
20 under funds awarded to this state by the United States
21 Department of Housing and Urban Development.
22 (h) Designated state and local program expenditures
23 under part A of Title IV of the Social Security Act for
24 welfare transition workforce services associated with the
25 Temporary Assistance for Needy Families Program.
26 (i) Programs authorized under the National and
27 Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,
28 and the Service-America programs, the National Service Trust
29 programs, the Civilian Community Corps, the Corporation for
30 National and Community Service, the American Conservation and
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 Youth Service Corps, and the Points of Light Foundation
2 programs, if such programs are awarded to the state.
3 (j) The Unemployment Compensation program provided
4 pursuant to chapter 443.
5 (k) other programs funded by federal or state
6 appropriations, as determined by the Legislature in the
7 General Appropriations Act or by law.
8 (4) The Agency for Workforce Innovation may shall
9 provide or contract for training for employees of
10 administrative entities and case managers of any contracted
11 providers to ensure they have the necessary competencies and
12 skills to provide adequate administrative oversight and
13 delivery of the full array of client services pursuant to s.
14 445.004(5)(b). Training requirements include, but are not
15 limited to:
16 (a) Minimum skills, knowledge, and abilities required
17 for each classification of program personnel utilized in the
18 regional workforce boards' service delivery plans.
19 (b) Minimum requirements for development of a regional
20 workforce board supported personnel training plan to include
21 preservice and inservice components.
22 (c) Specifications or criteria under which any
23 regional workforce board may award bonus points or otherwise
24 give preference to competitive service provider applications
25 that provide minimum criteria for assuring competent case
26 management, including, but not limited to, maximum caseload
27 per case manager, current staff turnover rate, minimum
28 educational or work experience requirements, and a
29 differentiated compensation plan based on the competency
30 levels of personnel.
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 (d) Minimum skills, knowledge, and abilities required
2 for contract management, including budgeting, expenditure, and
3 performance information related to service delivery and
4 financial administration, monitoring, quality assurance and
5 improvement, and standards of conduct for employees of
6 regional workforce boards and administrative entities
7 specifically related to carrying out contracting
8 responsibilities.
9 (5) The Agency for Workforce Innovation shall have an
10 official seal by which its records, orders, and proceedings
11 are authenticated. The seal shall be judicially noticed.
12 Section 2. Subsections (3), (4), (5), and (6) of
13 section 445.003, Florida Statutes, are amended to read:
14 445.003 Implementation of the federal Workforce
15 Investment Act of 1998.--
16 (3) FUNDING.--
17 (a) Title I, Workforce Investment Act of 1998 funds;
18 Wagner-Peyser funds; and NAFTA/Trade Act funds will be
19 expended based on the 5-year plan of Workforce Florida, Inc.
20 The plan shall outline and direct the method used to
21 administer and coordinate various funds and programs that are
22 operated by various agencies. The following provisions shall
23 also apply to these funds:
24 1. At least 50 percent of the Title I funds for Adults
25 and Dislocated Workers that are passed through to regional
26 workforce boards shall be allocated to Individual Training
27 Accounts unless a regional workforce board obtains a waiver
28 from Workforce Florida, Inc. Tuition and, fees, and
29 performance-based incentive awards paid in compliance with
30 Florida's Performance-Based Incentive Fund Program qualify as
31 an Individual Training Account expenditure, as do other
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 programs developed by regional workforce boards in compliance
2 with policies of Workforce Florida, Inc.
3 2. Fifteen percent of Title I funding shall be
4 retained at the state level and shall be dedicated to state
5 administration and used to design, develop, induce, and fund
6 innovative Individual Training Account pilots, demonstrations,
7 and programs. Of such funds retained at the state level, $2
8 million shall be reserved for the Incumbent Worker Training
9 Program, created under subparagraph 3. Eligible state
10 administration costs include the costs of: funding for the
11 board and staff of Workforce Florida, Inc.; operating fiscal,
12 compliance, and management accountability systems through
13 Workforce Florida, Inc.; conducting evaluation and research on
14 workforce development activities; and providing technical and
15 capacity building assistance to regions at the direction of
16 Workforce Florida, Inc. Notwithstanding s. 445.004, such
17 administrative costs shall not exceed 25 percent of these
18 funds. An amount not to exceed 75 percent of these funds shall
19 be allocated to Individual Training Accounts and other
20 workforce development strategies for: the Minority Teacher
21 Education Scholars program, the Certified Teacher-Aide
22 program, the Self-Employment Institute, and other training
23 designed and tailored by Workforce Florida, Inc., including,
24 but not limited to, programs for incumbent workers, displaced
25 homemakers, nontraditional employment, empowerment zones, and
26 enterprise zones. Workforce Florida, Inc., shall design,
27 adopt, and fund Individual Training Accounts for distressed
28 urban and rural communities.
29 3. The Incumbent Worker Training Program is created
30 for the purpose of providing grant funding for continuing
31 education and training of incumbent employees at existing
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 Florida businesses. The program will provide reimbursement
2 grants to businesses that pay for preapproved, direct,
3 training-related costs.
4 a. The Incumbent Worker Training Program will be
5 administered by Workforce Florida, Inc. Workforce Florida,
6 Inc., at its discretion, may contract with a private business
7 organization to serve as grant administrator.
8 b. To be eligible for the program's grant funding, a
9 business must have been in operation in Florida for a minimum
10 of 1 year prior to the application for grant funding; have at
11 least one full-time employee; demonstrate financial viability;
12 and be current on all state tax obligations. Priority for
13 funding shall be given to businesses with 25 employees or
14 fewer, businesses in rural areas, businesses in distressed
15 inner-city areas, businesses in a qualified targeted industry,
16 businesses whose grant proposals represent a significant
17 upgrade in employee skills, or businesses whose grant
18 proposals represent a significant layoff avoidance strategy.
19 c. All costs reimbursed by the program must be
20 preapproved by Workforce Florida, Inc., or the grant
21 administrator. The program will not reimburse businesses for
22 trainee wages, the purchase of capital equipment, or the
23 purchase of any item or service that may possibly be used
24 outside the training project. A business approved for a grant
25 may be reimbursed for preapproved, direct, training-related
26 costs including tuition; and fees; books and training
27 classroom materials; and overhead or indirect costs not to
28 exceed 5 percent of the grant amount.
29 d. A business that is selected to receive grant
30 funding must provide a matching contribution to the training
31 project, including, but not limited to, wages paid to trainees
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 or the purchase of capital equipment used in the training
2 project; must sign an agreement with Workforce Florida, Inc.,
3 or the grant administrator to complete the training project as
4 proposed in the application; must keep accurate records of the
5 project's implementation process; and must submit monthly or
6 quarterly reimbursement requests with required documentation.
7 e. All Incumbent Worker Training Program grant
8 projects shall be performance-based with specific measurable
9 performance outcomes, including completion of the training
10 project and job retention. Workforce Florida, Inc., or the
11 grant administrator shall withhold the final payment to the
12 grantee until a final grant report is submitted and all
13 performance criteria specified in the grant contract have been
14 achieved.
15 f. Workforce Florida, Inc., may establish guidelines
16 necessary to implement the Incumbent Worker Training Program.
17 g. No more than 10 percent of the Incumbent Worker
18 Training Program's total appropriation may be used for
19 overhead or indirect purposes.
20 h. Workforce Florida, Inc., shall submit a report to
21 the Legislature on the financial and general operations of the
22 Incumbent Worker Training Program. Such report will be due
23 before October 1 of any fiscal year for which the program is
24 funded by the Legislature.
25 4. At least 50 percent of Rapid Response funding shall
26 be dedicated to Intensive Services Accounts and Individual
27 Training Accounts for dislocated workers and incumbent workers
28 who are at risk of dislocation. Workforce Florida, Inc., shall
29 also maintain an Emergency Preparedness Fund from Rapid
30 Response funds which will immediately issue Intensive Service
31 Accounts and Individual Training Accounts as well as other
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 federally authorized assistance to eligible victims of natural
2 or other disasters. At the direction of the Governor, for
3 events that qualify under federal law, these Rapid Response
4 funds shall be released to regional workforce boards for
5 immediate use. Funding shall also be dedicated to maintain a
6 unit at the state level to respond to Rapid Response
7 emergencies around the state, to work with state emergency
8 management officials, and to work with regional workforce
9 boards. All Rapid Response funds must be expended based on a
10 plan developed by Workforce Florida, Inc., and approved by the
11 Governor.
12 (b) The administrative entity for Title I, Workforce
13 Investment Act of 1998 funds, and Rapid Response activities,
14 shall be the Agency for Workforce Innovation, which shall
15 provide direction to regional workforce boards regarding Title
16 I programs and Rapid Response activities pursuant to the
17 direction of Workforce Florida, Inc.
18 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
19 MODIFICATIONS.--
20 (a) Workforce Florida, Inc., may provide
21 indemnification from audit liabilities to regional workforce
22 boards that act in full compliance with state law and the
23 board's policies.
24 (b) Workforce Florida, Inc., may negotiate and settle
25 all outstanding issues with the United States Department of
26 Labor relating to decisions made by Workforce Florida, Inc.,
27 any predecessor workforce organization, and the Legislature
28 with regard to the Job Training Partnership Act, making
29 settlements and closing out all JTPA program year grants.
30 (c) Workforce Florida, Inc., may make modifications to
31 the state's plan, policies, and procedures to comply with
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 federally mandated requirements that in its judgment must be
2 complied with to maintain funding provided pursuant to Pub. L.
3 No. 105-220. The board shall notify in writing the Governor,
4 the President of the Senate, and the Speaker of the House of
5 Representatives within 30 days after any such changes or
6 modifications.
7 (5) The Department of Labor and Employment Security
8 shall phase-down JTPA duties before the federal program is
9 abolished July 1, 2000. Outstanding accounts and issues shall
10 be completed prior to transfer to the Agency for Workforce
11 Innovation.
12 (5)(6) LONG-TERM CONSOLIDATION OF WORKFORCE
13 DEVELOPMENT.--
14 (a) Workforce Florida, Inc., may recommend
15 workforce-related divisions, bureaus, units, programs, duties,
16 commissions, boards, and councils that can be eliminated,
17 consolidated, or privatized.
18 (b) The Office of Program Policy Analysis and
19 Government Accountability shall review the workforce
20 development system, as established by this act. The office
21 shall submit its final report and recommendations by December
22 31, 2002, to the President of the Senate and the Speaker of
23 the House of Representatives.
24 Section 3. Section 445.004, Florida Statutes, is
25 amended to read:
26 445.004 Workforce Florida, Inc.; creation; purpose;
27 membership; duties and powers.--
28 (1) There is created a not-for-profit corporation, to
29 be known as "Workforce Florida, Inc.," which shall be
30 registered, incorporated, organized, and operated in
31 compliance with chapter 617, and which shall not be a unit or
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 entity of state government and is therefore exempt from
2 chapters 120 and 287. Workforce Florida, Inc., shall be
3 administratively housed within the Agency for Workforce
4 Innovation; however, Workforce Florida, Inc., shall not be
5 subject to control, supervision, or direction by the Agency
6 for Workforce Innovation in any manner. The Legislature
7 determines, however, that public policy dictates that
8 Workforce Florida, Inc., operate in the most open and
9 accessible manner consistent with its public purpose. To this
10 end, the Legislature specifically declares that Workforce
11 Florida, Inc., its board, councils, and any advisory
12 committees or similar groups created by Workforce Florida,
13 Inc., are subject to the provisions of chapter 119 relating to
14 public records, and those provisions of chapter 286 relating
15 to public meetings.
16 (2) Workforce Florida, Inc., is the principal
17 workforce policy organization for the state. The purpose of
18 Workforce Florida, Inc., is to design and implement strategies
19 that help Floridians enter, remain in, and advance in the
20 workplace, becoming more highly skilled and successful,
21 benefiting these Floridians, Florida businesses, and the
22 entire state, and to assist in developing the state's business
23 climate.
24 (3)(a) Workforce Florida, Inc., shall be governed by a
25 board of directors, the number of directors to be determined
26 by the Governor, whose membership and appointment must be
27 consistent with Pub. L. No. 105-220, Title I, s.
28 111(b)(1)(C)(vi) s. 111(b), and contain one member
29 representing the licensed nonpublic postsecondary educational
30 institutions authorized as individual training account
31 providers, one member from the staffing service industry, at
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 least one member who is a current or former recipient of
2 welfare transition services as defined in s. 445.002(3) or
3 workforce services as provided in s. 445.009(1), and five
4 representatives of organized labor who shall be appointed by
5 the Governor. Members described in Pub. L. No. 105-220, Title
6 I, s. 111(b)(1)(C)(vi) shall be nonvoting members.
7 Notwithstanding s. 114.05(1)(f), the Governor may appoint
8 remaining members to Workforce Florida, Inc., from the current
9 Workforce Development Board and the WAGES Program State Board
10 of Directors, established pursuant to chapter 96-175, Laws of
11 Florida, to serve on the reconstituted board. By July 1, 2000,
12 the Workforce Development Board will provide to the Governor a
13 transition plan to incorporate the changes required by this
14 act and Pub. L. No. 105-220, specifying the manner of changes
15 to the board. This plan shall govern the transition, unless
16 otherwise notified by the Governor. The importance of
17 minority, gender, and geographic representation shall be
18 considered when making appointments to the board.
19 (b) The board of directors of Workforce Florida, Inc.,
20 shall be chaired by a board member designated by the Governor
21 pursuant to Pub. L. No. 105-220 and shall serve no more than
22 two terms.
23 (c) Members appointed by the Governor may serve no
24 more than two terms and must be appointed for 3-year 2-year
25 terms. However, in order to establish staggered terms for
26 board members, the Governor shall appoint or reappoint
27 one-third of the board members for 1-year terms, one-third of
28 the board members for 2-year terms, and one-third of the board
29 members for 3-year terms beginning July 1, 2005. Following
30 that date, the Governor shall appoint or reappoint board
31 members for 3-year terms exclusively, except that, when a
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 board member is replaced before the end of a 3-year term, the
2 replacement shall be appointed to serve only the remainder of
3 that term, after which the replacement may be appointed for a
4 full 3-year term. Private sector representatives of
5 businesses, appointed by the Governor pursuant to Pub. L. No.
6 105-220, shall constitute a majority of the membership of the
7 board. Private sector representatives shall be appointed from
8 nominations received by the Governor, including, but not
9 limited to, those nominations made by the President of the
10 Senate and the Speaker of the House of Representatives from
11 any member of the Legislature. A member of the Legislature may
12 submit more than one board nomination to the Governor through
13 his or her respective presiding officer. Private sector
14 appointments to the board shall be representative of the
15 business community of this state;, and no fewer less than
16 one-half of the appointments to the board must be
17 representative of small businesses and at least five members
18 must have economic development experience. Members appointed
19 by the Governor serve at the pleasure of the Governor and are
20 eligible for reappointment.
21 (d) The Governor shall appoint members to the board of
22 directors of Workforce Florida, Inc., within 30 days after the
23 receipt of a sufficient number of nominations.
24 (d)(e) A member of the board of directors of Workforce
25 Florida, Inc., may be removed by the Governor for cause.
26 Absence from three consecutive meetings results in automatic
27 removal. The chair of Workforce Florida, Inc., shall notify
28 the Governor of such absences.
29 (e)(f) Representatives of businesses appointed to the
30 board of directors may not include providers of workforce
31 services.
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 (4)(a) The president of Workforce Florida, Inc., shall
2 be hired by the board of directors of Workforce Florida, Inc.,
3 and shall serve at the pleasure of the Governor in the
4 capacity of an executive director and secretary of Workforce
5 Florida, Inc.
6 (b) The board of directors of Workforce Florida, Inc.,
7 shall meet at least quarterly and at other times upon call of
8 its chair. The board and its committees, subcommittees, or
9 other subdivisions may use any method of telecommunications to
10 conduct meetings, including establishing a quorum through
11 telecommunications, provided that the public is given proper
12 notice of the telecommunications meeting and is given
13 reasonable access to observe and, when appropriate,
14 participate.
15 (c) A majority of the total current membership of the
16 board of directors of Workforce Florida, Inc., comprises a
17 quorum of the board.
18 (d) A majority of those voting is required to organize
19 and conduct the business of the board, except that a majority
20 of the entire board of directors is required to adopt or amend
21 the bylaws operational plan.
22 (e) Except as delegated or authorized by the board of
23 directors of Workforce Florida, Inc., individual members have
24 no authority to control or direct the operations of Workforce
25 Florida, Inc., or the actions of its officers and employees,
26 including the president.
27 (f) Members of the board of directors of Workforce
28 Florida, Inc., and its committees shall serve without
29 compensation, but these members, the president, and all
30 employees of Workforce Florida, Inc., may be reimbursed for
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 all reasonable, necessary, and actual expenses pursuant to s.
2 112.061.
3 (g) The board of directors of Workforce Florida, Inc.,
4 may establish an executive committee consisting of the chair
5 and at least six additional board members selected by the
6 chair board of directors, one of whom must be a representative
7 of organized labor. The executive committee and the president
8 shall have such authority as the board delegates to it, except
9 that the board of directors may not delegate to the executive
10 committee authority to take action that requires approval by a
11 majority of the entire board of directors.
12 (h) The chair may appoint committees to fulfill its
13 responsibilities, to comply with federal requirements, or to
14 obtain technical assistance, and must incorporate members of
15 regional workforce development boards into its structure. At a
16 minimum, the chair shall establish the following standing
17 councils: the First Jobs/First Wages Council, the Better
18 Jobs/Better Wages Council, and the High Skills/High Wages
19 Council. For purposes of Pub. L. No. 105-220, the First
20 Jobs/First Wages Council shall serve as the state's youth
21 council.
22 (i) Each member of the board of directors who is not
23 otherwise required to file a financial disclosure pursuant to
24 s. 8, Art. II of the State Constitution or s. 112.3144 must
25 file disclosure of financial interests pursuant to s.
26 112.3145.
27 (5) Workforce Florida, Inc., shall have all the powers
28 and authority, not explicitly prohibited by statute, necessary
29 or convenient to carry out and effectuate the purposes as
30 determined by statute, Pub. L. No. 105-220, and the Governor,
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 as well as its functions, duties, and responsibilities,
2 including, but not limited to, the following:
3 (a) Serving as the state's Workforce Investment Board
4 pursuant to Pub. L. No. 105-220. Unless otherwise required by
5 federal law, at least 90 percent of the workforce development
6 funding must go into direct customer service costs.
7 (b) Providing oversight and policy direction to ensure
8 that the following programs are administered by the Agency for
9 Workforce Innovation in compliance with approved plans and
10 under contract with Workforce Florida, Inc.:
11 1. Programs authorized under Title I of the Workforce
12 Investment Act of 1998, Pub. L. No. 105-220, with the
13 exception of programs funded directly by the United States
14 Department of Labor under Title I, s. 167.
15 2. Programs authorized under the Wagner-Peyser Act of
16 1933, as amended, 29 U.S.C. ss. 49 et seq.
17 3. Welfare-to-work grants administered by the United
18 States Department of Labor under Title IV, s. 403, of the
19 Social Security Act, as amended.
20 3.4. Activities authorized under Title II of the Trade
21 Act of 2002 1974, as amended, 19 2 U.S.C. ss. 2272 2271 et
22 seq., and the Trade Adjustment Assistance Program.
23 4.5. Activities authorized under 38 U.S.C., chapter
24 41, including job counseling, training, and placement for
25 veterans.
26 6. Employment and training activities carried out
27 under the Community Services Block Grant Act, 42 U.S.C. ss.
28 9901 et seq.
29 5.7. Employment and training activities carried out
30 under funds awarded to this state by the United States
31 Department of Housing and Urban Development.
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 6.8. Welfare transition services funded by the
2 Temporary Assistance for Needy Families Program, created under
3 the Personal Responsibility and Work Opportunity
4 Reconciliation Act of 1996, as amended, Pub. L. No. 104-193,
5 and Title IV, s. 403, of the Social Security Act, as amended.
6 7.9. Displaced homemaker programs, provided under s.
7 446.50.
8 8.10. The Florida Bonding Program, provided under Pub.
9 L. No. 97-300, s. 164(a)(1).
10 9.11. The Food Stamp Employment and Training Program,
11 provided under the Food Stamp Act of 1977, 7 U.S.C. ss.
12 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
13 and the Hunger Prevention Act, Pub. L. No. 100-435.
14 10.12. The Quick-Response Training Program, provided
15 under ss. 288.046-288.047. Matching funds and in-kind
16 contributions that are provided by clients of the
17 Quick-Response Training Program shall count toward the
18 requirements of s. 288.90151(5)(d), pertaining to the return
19 on investment from activities of Enterprise Florida, Inc.
20 11.13. The Work Opportunity Tax Credit, provided under
21 the Tax and Trade Relief Extension Act of 1998, Pub. L. No.
22 105-277, and the Taxpayer Relief Act of 1997, Pub. L. No.
23 105-34.
24 12.14. Offender placement services, provided under ss.
25 944.707-944.708.
26 15. Programs authorized under the National and
27 Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,
28 and the Service-America programs, the National Service Trust
29 programs, the Civilian Community Corps, the Corporation for
30 National and Community Service, the American Conservation and
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 Youth Service Corps, and the Points of Light Foundation
2 programs, if such programs are awarded to the state.
3 (c) The agency may adopt rules necessary to administer
4 the provisions of this chapter which relate to implementing
5 and administering the programs listed in paragraph (b) as well
6 as rules related to eligible training providers and auditing
7 and monitoring subrecipients of the workforce system grant
8 funds.
9 (d)(c) Contracting with public and private entities as
10 necessary to further the directives of this section. All
11 contracts executed by Workforce Florida, Inc., must include
12 specific performance expectations and deliverables. All
13 Workforce Florida, Inc., contracts, including those solicited,
14 managed, or paid by the Agency for Workforce Innovation under
15 s. 20.50(2), are exempt from s. 112.061 and chapters 120 and
16 287.
17 (e)(d) Notifying the Governor, the President of the
18 Senate, and the Speaker of the House of Representatives of
19 noncompliance by the Agency for Workforce Innovation or other
20 agencies or obstruction of the board's efforts by such
21 agencies. Upon such notification, the Executive Office of the
22 Governor shall assist agencies to bring them into compliance
23 with board objectives.
24 (f)(e) Ensuring that the state does not waste valuable
25 training resources. Thus, the board shall direct that all
26 resources, including equipment purchased for training
27 Workforce Investment Act clients, be available for use at all
28 times by eligible populations as first priority users. At
29 times when eligible populations are not available, such
30 resources shall be used for any other state authorized
31 education and training purpose. Workforce Florida, Inc., may
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 promote appropriate activities, incentives, and awards for
2 performance by regional workforce boards, by its committees
3 and subdivisions, and by other units of Florida's workforce
4 system, and expenditures for such activities, incentives, and
5 awards are not subject to chapter 287 or chapter 17, including
6 rules adopted thereunder. However, all expenditures for such
7 activities, incentives, and awards are exclusively subject to
8 federal regulations applicable to the expenditure of federal
9 funds.
10 (g)(f) Archiving records with the Bureau of Archives
11 and Records Management of the Division of Library and
12 Information Services of the Department of State.
13 (6) Workforce Florida, Inc., may take action that it
14 deems necessary to achieve the purposes of this section,
15 including, but not limited to:
16 (a) Creating a state employment, education, and
17 training policy that ensures that programs to prepare workers
18 are responsive to present and future business and industry
19 needs and complement the initiatives of Enterprise Florida,
20 Inc.
21 (b) Establishing policy direction for a funding system
22 that provides incentives to improve the outcomes of career
23 education programs, and of registered apprenticeship and
24 work-based learning programs, and that focuses resources on
25 occupations related to new or emerging industries that add
26 greatly to the value of the state's economy.
27 (c) Establishing a comprehensive policy related to the
28 education and training of target populations such as those who
29 have disabilities, are economically disadvantaged, receive
30 public assistance, are not proficient in English, or are
31 dislocated workers. This approach should ensure the effective
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 use of federal, state, local, and private resources in
2 reducing the need for public assistance.
3 (d) Designating Institutes of Applied Technology
4 composed of public and private postsecondary institutions
5 working together with business and industry to ensure that
6 career education programs use the most advanced technology and
7 instructional methods available and respond to the changing
8 needs of business and industry.
9 (e) Providing policy direction for a system to project
10 and evaluate labor market supply and demand using the results
11 of the Workforce Estimating Conference created in s. 216.136
12 and the career education performance standards identified
13 under s. 1008.43.
14 (f) Reviewing the performance of public programs that
15 are responsible for economic development, education,
16 employment, and training. The review must include an analysis
17 of the return on investment of these programs.
18 (g) Expanding the occupations identified by the
19 Workforce Estimating Conference to meet needs created by local
20 emergencies or plant closings or to capture occupations within
21 emerging industries.
22 (7) By December 1 of each year, Workforce Florida,
23 Inc., shall submit to the Governor, the President of the
24 Senate, the Speaker of the House of Representatives, the
25 Senate Minority Leader, and the House Minority Leader a
26 complete and detailed annual report setting forth:
27 (a) All audits, including the audit in subsection (8),
28 if conducted.
29 (b) The operations and accomplishments of the
30 partnership including the programs or entities listed in
31 subsection (6).
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 (8) The Auditor General may, pursuant to his or her
2 own authority or at the direction of the Legislative Auditing
3 Committee, conduct an audit of Workforce Florida, Inc., or the
4 programs or entities created by Workforce Florida, Inc. The
5 Office of Program Policy Analysis and Government
6 Accountability, pursuant to its authority or at the direction
7 of the Legislative Auditing Committee, may review the systems
8 and controls related to performance outcomes and quality of
9 services of Workforce Florida, Inc.
10 (9) Workforce Florida, Inc., in collaboration with the
11 regional workforce boards and appropriate state agencies and
12 local public and private service providers, and in
13 consultation with the Office of Program Policy Analysis and
14 Government Accountability, shall establish uniform measures
15 and standards to gauge the performance of the workforce
16 development strategy. These measures and standards must be
17 organized into three outcome tiers.
18 (a) The first tier of measures must be organized to
19 provide benchmarks for systemwide outcomes. Workforce Florida,
20 Inc., must, in collaboration with the Office of Program Policy
21 Analysis and Government Accountability, establish goals for
22 the tier-one outcomes. Systemwide outcomes may include
23 employment in occupations demonstrating continued growth in
24 wages; continued employment after 3, 6, 12, and 24 months;
25 reduction in and elimination of public assistance reliance;
26 job placement; employer satisfaction; and positive return on
27 investment of public resources.
28 (b) The second tier of measures must be organized to
29 provide a set of benchmark outcomes for the initiatives of the
30 First Jobs/First Wages Council, the Better Jobs/Better Wages
31 Council, and the High Skills/High Wages Council and for each
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 of the strategic components of the workforce development
2 strategy. Cost per entered employment, earnings at placement,
3 retention in employment, job placement, and entered employment
4 rate must be included among the performance outcome measures.
5 (c) The third tier of measures must be the operational
6 output measures to be used by the agency implementing
7 programs, and it may be specific to federal requirements. The
8 tier-three measures must be developed by the agencies
9 implementing programs, and Workforce Florida, Inc., may be
10 consulted in this effort. Such measures must be reported to
11 Workforce Florida, Inc., by the appropriate implementing
12 agency.
13 (d) Regional differences must be reflected in the
14 establishment of performance goals and may include job
15 availability, unemployment rates, average worker wage, and
16 available employable population.
17 (e) Job placement must be reported pursuant to s.
18 1008.39. Positive outcomes for providers of education and
19 training must be consistent with ss. 1008.42 and 1008.43.
20 (f) The uniform measures of success that are adopted
21 by Workforce Florida, Inc., or the regional workforce boards
22 must be developed in a manner that provides for an equitable
23 comparison of the relative success or failure of any service
24 provider in terms of positive outcomes.
25 (g) By December 1 of each year, Workforce Florida,
26 Inc., shall provide the Legislature with a report detailing
27 the performance of Florida's workforce development system, as
28 reflected in the three-tier measurement system. Additionally,
29 this report must benchmark Florida outcomes, at all tiers,
30 against other states that collect data similarly.
31
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 (10) The workforce development strategy for the state
2 shall be designed by Workforce Florida, Inc., and shall be
3 centered around the strategies of First Jobs/First Wages,
4 Better Jobs/Better Wages, and High Skills/High Wages.
5 (a) First Jobs/First Wages is the state's strategy to
6 promote successful entry into the workforce through education
7 and workplace experience that lead to self-sufficiency and
8 career advancement. The components of the strategy must
9 include efforts that enlist business, education, and community
10 support for students to achieve long-term career goals,
11 ensuring that young people have the academic and occupational
12 skills required to succeed in the workplace. The strategy must
13 also assist employers in upgrading or updating the skills of
14 their employees and assisting workers to acquire the education
15 or training needed to secure a better job with better wages.
16 The strategy must assist the state's efforts to attract and
17 expand job-creating businesses offering high-paying,
18 high-demand occupations. A minimum of 15 percent of all
19 Workforce Investment Act youth services funds shall be
20 expended for after-school care programs, through contracts
21 with qualified community-based organizations and faith-based
22 organizations, on an equal basis with other private
23 organizations, to provide after-school care programs to
24 eligible children 14 through 18 years of age. These programs
25 shall include academic tutoring, mentoring, and other
26 appropriate services. Similar services may be provided for
27 eligible children 6 through 13 years of age using Temporary
28 Assistance for Needy Families funds. Funds expended under this
29 paragraph may not be used for religious or sectarian purposes.
30 To provide after-school care programs under this paragraph, a
31 community-based organization or a faith-based organization
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 must be a nonprofit organization that holds a current
2 exemption from federal taxation under s. 501(c)(3) or (4) of
3 the Internal Revenue Code or must be a religious organization
4 that is not required to apply for recognition of its exemption
5 from federal taxation under s. 501(c)(3) of the Internal
6 Revenue Code.
7 (b) Better Jobs/Better Wages is the state's strategy
8 for assisting employers in upgrading or updating the skills of
9 their employees and for assisting incumbent workers in
10 improving their performance in their current jobs or acquiring
11 the education or training needed to secure a better job with
12 better wages.
13 (c) High Skills/High Wages is the state's strategy for
14 aligning education and training programs with high-paying,
15 high-demand occupations that advance individuals' careers,
16 build a more skilled workforce, and enhance Florida's efforts
17 to attract and expand job-creating businesses.
18 (11) The workforce development system shall use a
19 charter-process approach aimed at encouraging local design and
20 control of service delivery and targeted activities. Workforce
21 Florida, Inc., shall be responsible for granting charters to
22 regional workforce boards that have a membership consistent
23 with the requirements of federal and state law and that have
24 developed a plan consistent with the state's workforce
25 development strategy. The plan must specify methods for
26 allocating the resources and programs in a manner that
27 eliminates unwarranted duplication, minimizes administrative
28 costs, meets the existing job market demands and the job
29 market demands resulting from successful economic development
30 activities, ensures access to quality workforce development
31 services for all Floridians, allows for pro rata or partial
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 distribution of benefits and services, prohibits the creation
2 of a waiting list or other indication of an unserved
3 population, serves as many individuals as possible within
4 available resources, and maximizes successful outcomes. As
5 part of the charter process, Workforce Florida, Inc., shall
6 establish incentives for effective coordination of federal and
7 state programs, outline rewards for successful job placements,
8 and institute collaborative approaches among local service
9 providers. Local decisionmaking and control shall be important
10 components for inclusion in this charter application.
11 Section 4. Section 445.006, Florida Statutes, is
12 amended to read:
13 445.006 Strategic and operational plans plan for
14 workforce development.--
15 (1) Workforce Florida, Inc., in conjunction with state
16 and local partners in the workforce system, shall develop a
17 strategic plan for workforce, with the goal of producing
18 skilled employees for employers in the state. The strategic
19 plan shall be submitted to the Governor, the President of the
20 Senate, and the Speaker of the House of Representatives by
21 February 1, 2001. The strategic plan shall be updated or
22 modified by January 1 of each year thereafter. The plan must
23 include, but need not be limited to, strategies for:
24 (a) Fulfilling the workforce system goals and
25 strategies prescribed in s. 445.004;
26 (b) Aggregating, integrating, and leveraging workforce
27 system resources;
28 (c) Coordinating the activities of federal, state, and
29 local workforce system partners;
30 (d) Addressing the workforce needs of small
31 businesses; and
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 (e) Fostering the participation of rural communities
2 and distressed urban cores in the workforce system.
3 (2) Workforce Florida, Inc., shall establish an
4 operational plan to implement the state strategic plan. The
5 operational plan shall be submitted to the Governor and the
6 Legislature along with the strategic plan and must reflect the
7 allocation of resources as appropriated by the Legislature to
8 specific responsibilities enumerated in law. As a component of
9 the operational strategic plan required under this section,
10 Workforce Florida, Inc., shall develop a workforce marketing
11 plan, with the goal of educating individuals inside and
12 outside the state about the employment market and employment
13 conditions in the state. The marketing plan must include, but
14 need not be limited to, strategies for:
15 (a) Distributing information to secondary and
16 postsecondary education institutions about the diversity of
17 businesses in the state, specific clusters of businesses or
18 business sectors in the state, and occupations by industry
19 which are in demand by employers in the state;
20 (b) Distributing information about and promoting use
21 of the Internet-based job matching and labor market
22 information system authorized under s. 445.011; and
23 (c) Coordinating with Enterprise Florida, Inc., to
24 ensure that workforce marketing efforts complement the
25 economic development marketing efforts of the state.
26 (3) The operational strategic plan must include
27 performance measures, standards, measurement criteria, and
28 contract guidelines in the following areas with respect to
29 participants in the welfare transition program:
30 (a) Work participation rates, by type of activity;
31 (b) Caseload trends;
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 (c) Recidivism;
2 (d) Participation in diversion and relocation
3 assistance programs;
4 (e) Employment retention;
5 (f) Wage growth; and
6 (g) Other issues identified by the board of directors
7 of Workforce Florida, Inc.
8 (4) The strategic plan must include criteria for
9 allocating workforce resources to regional workforce boards.
10 With respect to allocating funds to serve customers of the
11 welfare transition program, such criteria may include
12 weighting factors that indicate the relative degree of
13 difficulty associated with securing and retaining employment
14 placements for specific subsets of the welfare transition
15 caseload.
16 (5)(a) The operational strategic plan may must include
17 a performance-based payment structure to be used for all
18 welfare transition program customers which takes into account:
19 1. The degree of difficulty associated with placement
20 and retention;
21 2. The quality of the placement with respect to
22 salary, benefits, and opportunities for advancement; and
23 3. The employee's retention in the placement.
24 (b) The payment structure may must provide for bonus
25 payments of up to 10 percent of the contract amount to
26 providers that achieve notable success in achieving contract
27 objectives, including, but not limited to, success in
28 diverting families in which there is an adult who is subject
29 to work requirements from receiving cash assistance and in
30 achieving long-term job retention and wage growth with respect
31 to welfare transition program customers. A service provider
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 shall be paid a maximum of one payment per service for each
2 participant during any given 6-month period.
3 (6)(a) The operational strategic plan must include
4 strategies that are designed to prevent or reduce the need for
5 a person to receive public assistance. These strategies must
6 include:
7 1. A teen pregnancy prevention component that
8 includes, but is not limited to, a plan for implementing the
9 Florida Education Now and Babies Later (ENABL) program under
10 s. 411.242 and the Teen Pregnancy Prevention Community
11 Initiative within each county of the services area in which
12 the teen birth rate is higher than the state average;
13 2. A component that encourages creation of
14 community-based welfare prevention and reduction initiatives
15 that increase support provided by noncustodial parents to
16 their welfare-dependent children and are consistent with
17 program and financial guidelines developed by Workforce
18 Florida, Inc., and the Commission on Responsible Fatherhood.
19 These initiatives may include, but are not limited to,
20 improved paternity establishment, work activities for
21 noncustodial parents, programs aimed at decreasing
22 out-of-wedlock pregnancies, encouraging involvement of fathers
23 with their children including court-ordered supervised
24 visitation, and increasing child support payments;
25 3. A component that encourages formation and
26 maintenance of two-parent families through, among other
27 things, court-ordered supervised visitation;
28 4. A component that fosters responsible fatherhood in
29 families receiving assistance; and
30
31
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 5. A component that fosters provision of services that
2 reduce the incidence and effects of domestic violence on women
3 and children in families receiving assistance.
4 (b) Specifications for welfare transition program
5 services that are to be delivered include, but are not limited
6 to:
7 1. Initial assessment services prior to an individual
8 being placed in an employment service, to determine whether
9 the individual should be referred for relocation, up-front
10 diversion, education, or employment placement. Assessment
11 services shall be paid on a fixed unit rate and may not
12 provide educational or employment placement services.
13 2. Referral of participants to diversion and
14 relocation programs.
15 3. Preplacement services, including assessment,
16 staffing, career plan development, work orientation, and
17 employability skills enhancement.
18 4. Services necessary to secure employment for a
19 welfare transition program participant.
20 5. Services necessary to assist participants in
21 retaining employment, including, but not limited to, remedial
22 education, language skills, and personal and family
23 counseling.
24 6. Desired quality of job placements with regard to
25 salary, benefits, and opportunities for advancement.
26 7. Expectations regarding job retention.
27 8. Strategies to ensure that transition services are
28 provided to participants for the mandated period of
29 eligibility.
30
31
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 9. Services that must be provided to the participant
2 throughout an education or training program, such as
3 monitoring attendance and progress in the program.
4 10. Services that must be delivered to welfare
5 transition program participants who have a deferral from work
6 requirements but wish to participate in activities that meet
7 federal participation requirements.
8 11. Expectations regarding continued participant
9 awareness of available services and benefits.
10 Section 5. Subsections (1), (2), and (11) of section
11 445.007, Florida Statutes, are amended to read:
12 445.007 Regional workforce boards; exemption from
13 public meetings law.--
14 (1) One regional workforce board shall be appointed in
15 each designated service delivery area and shall serve as the
16 local workforce investment board pursuant to Pub. L. No.
17 105-220. The membership of the board shall be consistent with
18 Pub. L. No. 105-220, Title I, s. 117(b), and contain one
19 representative from a nonpublic postsecondary educational
20 institution that is an authorized individual training account
21 provider within the region and confers certificates and
22 diplomas, one representative from a nonpublic postsecondary
23 educational institution that is an authorized individual
24 training account provider within the region and confers
25 degrees, and three representatives of organized labor. The
26 board shall include one nonvoting representative from a
27 military installation if a military installation is located
28 within the region and the appropriate military command or
29 organization authorizes such representation. Individuals
30 serving as members of regional workforce development boards or
31 local WAGES coalitions, as of June 30, 2000, are eligible for
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 appointment to regional workforce boards, pursuant to this
2 section. It is the intent of the Legislature that, whenever
3 possible and to the greatest extent practicable, membership of
4 a regional workforce board include persons who are current or
5 former recipients of welfare transition assistance as defined
6 in s. 445.002(3) or workforce services as provided in s.
7 445.009(1), or that such persons be included as ex officio
8 members of the board or of committees organized by the board.
9 The importance of minority and gender representation shall be
10 considered when making appointments to the board. The board,
11 its committees, subcommittees, and subdivisions, and other
12 units of the workforce system, including units that may
13 consist in whole or in part of local governmental units, may
14 use any method of telecommunications to conduct meetings,
15 including establishing a quorum through telecommunications,
16 provided that the public is given proper notice of the
17 telecommunications meeting and reasonable access to observe
18 and, when appropriate, participate. Regional workforce boards
19 are subject to those provisions of chapter 119 which relate to
20 public records and those provisions of chapter 286 which
21 relate to public meetings. If the regional workforce board
22 enters into a contract with an organization or individual
23 represented on the board of directors, the contract must be
24 approved by a two-thirds vote of the entire board, and the
25 board member who could benefit financially from the
26 transaction must abstain from voting on the contract. A board
27 member must disclose any such conflict in a manner that is
28 consistent with the procedures outlined in s. 112.3143.
29 (2) The regional workforce board shall elect a chair
30 from among the representatives described in Pub. L. No.
31 105-220, Title I, s. 117(b)(2)(A)(i) to serve for a term of no
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 more than 2 years and shall serve no more than two terms.
2 Workforce Florida, Inc., will determine the timeframe and
3 manner of changes to the regional workforce boards as required
4 by this chapter and Pub. L. No. 105-220.
5 (11) For purposes of procurement, regional workforce
6 boards and their administrative entities are not state
7 agencies, but the boards and their administrative entities
8 must comply with state procurement laws and procedures until
9 Workforce Florida, Inc., adopts the provisions or alternative
10 procurement procedures that meet the requirements of federal
11 law. Regional workforce boards, their administrative entities,
12 committees, and subcommittees, and other workforce units may
13 promote appropriate activities, incentives, and awards for
14 performance by units of Florida's workforce system, and
15 expenditures for such activities, incentives, and awards are
16 not subject to chapter 287 or chapter 17, including rules
17 adopted thereunder. However, all expenditures for such
18 activities, incentives, and awards are exclusively subject to
19 federal regulations applicable to the expenditure of federal
20 funds. All contracts executed by regional workforce boards
21 must include specific performance expectations and
22 deliverables.
23 Section 6. Subsections (3) and (4) and paragraph (d)
24 of subsection (8) of section 445.009, Florida Statutes, are
25 amended to read:
26 445.009 One-stop delivery system.--
27 (3) Notwithstanding any other provision of law, any
28 memorandum of understanding in effect on June 30, 2000,
29 between a regional workforce board and the Department of Labor
30 and Employment Security governing the delivery of workforce
31 services shall remain in effect until September 30, 2000.
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 Beginning October 1, 2000, regional workforce boards shall
2 enter into a memorandum of understanding with the Agency for
3 Workforce Innovation for the delivery of employment services
4 authorized by the federal Wagner-Peyser Act. This memorandum
5 of understanding must be performance based.
6 (a) Unless otherwise required by federal law, at least
7 90 percent of the Wagner-Peyser funding must go into direct
8 customer service costs.
9 (b) Employment services must be provided through the
10 one-stop delivery system, under the guidance of one-stop
11 delivery system operators. One-stop delivery system operators
12 shall have overall authority for directing the staff of the
13 workforce system. Personnel matters shall remain under the
14 ultimate authority of the Agency for Workforce Innovation.
15 However, the one-stop delivery system operator shall submit to
16 the agency information concerning the job performance of
17 agency employees who deliver employment services. The agency
18 shall consider any such information submitted by the one-stop
19 delivery system operator in conducting performance appraisals
20 of the employees.
21 (c) The agency shall retain fiscal responsibility and
22 accountability for the administration of funds allocated to
23 the state under the Wagner-Peyser Act. An agency employee who
24 is providing services authorized under the Wagner-Peyser Act
25 shall be paid using Wagner-Peyser Act funds.
26 (d) The Office of Program Policy Analysis and
27 Government Accountability, in consultation with Workforce
28 Florida, Inc., shall review the delivery of employment
29 services under the Wagner-Peyser Act and the integration of
30 those services with other activities performed through the
31 one-stop delivery system and shall provide recommendations to
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 the Legislature for improving the effectiveness of the
2 delivery of employment services in this state. The Office of
3 Program Policy Analysis and Government Accountability shall
4 submit a report and recommendations to the Governor, the
5 President of the Senate, and the Speaker of the House of
6 Representatives by December 31, 2002.
7 (4) One-stop delivery system partners shall enter into
8 a memorandum of understanding pursuant to Pub. L. No. 105-220,
9 Title I, s. 121, with the regional workforce board. Failure of
10 a local partner to participate cannot unilaterally block the
11 majority of partners from moving forward with their one-stop
12 delivery system, and Workforce Florida, Inc., pursuant to s.
13 445.004(5)(e) s. 445.004(5)(d), may make notification of a
14 local partner that fails to participate.
15 (8)
16 (d) To the maximum extent possible, training providers
17 shall use funding sources other than the funding provided
18 under Pub. L. No. 105-220. Workforce Florida, Inc., shall
19 develop a system to encourage the leveraging of appropriated
20 resources for the workforce system and shall report on such
21 efforts as part of the required annual report. A performance
22 outcome related to alternative financing obtained by the
23 training provider shall be established by Workforce Florida,
24 Inc., and used for performance evaluation purposes. The
25 performance evaluation must take into consideration the number
26 of alternative funding sources.
27 Section 7. Section 445.019, Florida Statutes, is
28 amended to read:
29 445.019 Teen parent and pregnancy prevention diversion
30 program; eligibility for services.--The Legislature recognizes
31 that teen pregnancy is a major cause of dependency on
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 government assistance that often extends through more than one
2 generation. The purpose of the teen parent and pregnancy
3 prevention diversion program is to provide services to reduce
4 and avoid welfare dependency by reducing teen pregnancy,
5 reducing the incidence of multiple pregnancies to teens, and
6 by assisting teens in completing educational or employment
7 programs, or both.
8 (1) Notwithstanding any provision to the contrary in
9 ss. 414.075, 414.085, and 414.095, a teen who is determined to
10 be at risk of teen pregnancy or who already has a child shall
11 be deemed eligible to receive services under this program.
12 (2) Services provided under this program shall be
13 limited to services that are not considered assistance under
14 federal law or guidelines.
15 (3) Receipt of services under this section does not
16 preclude eligibility for, or receipt of, other assistance or
17 services under chapter 414.
18 Section 8. Section 445.020, Florida Statutes, is
19 amended to read:
20 445.020 Diversion programs; determination of need.--If
21 federal regulations require a determination of needy families
22 or needy parents to be based on financial criteria, such as
23 income or resources, for individuals or families who are
24 receiving services, one-time payments, or nonrecurring
25 short-term benefits, the TANF state plan shall clearly
26 indicate Department of Children and Family Services shall
27 adopt rules to define such criteria. In such rules, the
28 department shall use the income level established for
29 Temporary Assistance for Needy Families funds which are
30 transferred for use under Title XX of the Social Security Act.
31 If federal regulations do not require a financial
40
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1650
8-491D-05
1 determination for receipt of such benefits, payments, or
2 services, the criteria otherwise established in this chapter
3 shall be used.
4 Section 9. Paragraph (d) of subsection (1) of section
5 427.012, Florida Statutes, is amended to read:
6 427.012 The Commission for the Transportation
7 Disadvantaged.--There is created the Commission for the
8 Transportation Disadvantaged in the Department of
9 Transportation.
10 (1) The commission shall consist of the following
11 members:
12 (d) The director of the Agency for Workforce
13 Innovation or the director's secretary of the Department of
14 Labor and Employment Security or the secretary's designee.
15 Section 10. Sections 445.005, 445.012, 445.0121,
16 445.0122, 445.0123, 445.0124, 445.0125, 445.013, 446.21,
17 446.22, 446.23, 446.24, 446.25, 446.26, and 446.27, Florida
18 Statutes, are repealed.
19 Section 11. This act shall take effect July 1, 2005.
20
21 *****************************************
22 SENATE SUMMARY
23 Revises varied provisions relating to workforce
innovation and to the Agency for Workforce Innovation,
24 including powers, duties, and composition of the agency
and powers and duties of regional workforce boards.
25 Allows use of telecommunications technology in the
conduct of meetings. Provides for activities, awards, and
26 incentives for performance by the agency's and the
boards' subordinate entities. (See bill for details.)
27
28
29
30
31
41
CODING: Words stricken are deletions; words underlined are additions.