HB 1301

1	A bill to be entitled
2	An act relating to workforce services; amending s.
3	445.009, F.S.; revising requirements for the one-stop
4	delivery system of employment services; deleting a
5	requirement that regional workforce boards enter into
6	memoranda of understanding with the Agency for Workforce
7	Innovation for the delivery of certain services; deleting
8	a requirement that the agency have authority to direct the
9	staff of the workforce system; deleting authority of the
10	agency over personnel matters; amending s. 445.024, F.S.;
11	revising definitions of work activities to conform to
12	federal law and regulations governing work requirements
13	for participants in the temporary cash assistance program;
14	revising work activity requirements and exemptions from
15	such requirements; revising certain requirements for and
16	duties of regional workforce boards with respect to work
17	requirements for program participants; amending s.
18	445.032, F.S.; clarifying circumstances under which
19	transitional child care is available to former
20	participants in the welfare transition program and certain
21	other individuals; amending s. 402.305, F.S.; correcting
22	cross-references; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Subsection (3) of section 445.009, Florida
27	Statutes, is amended to read:
28	445.009  One-stop delivery system.--
29	(3)  Beginning October 1, 2000, regional workforce boards
30	shall enter into a memorandum of understanding with the Agency
31	for Workforce Innovation for the delivery of employment services
32	authorized by the federal Wagner-Peyser Act. This memorandum of
33	understanding must be performance based.
34	(a)  Employment services funded by the federal Wagner-
35	Peyser Act must be provided by the one-stop delivery system
36	under the guidance of the one-stop delivery system operators.
37	Unless otherwise required by federal law, at least 90 percent of
38	the Wagner-Peyser funding must go into direct customer service
39	costs.
40	(b)  Employment services must be provided through the one-
41	stop delivery system, under the guidance of one-stop delivery
42	system operators. One-stop delivery system operators shall have
43	overall authority for directing the staff of the workforce
44	system. Personnel matters shall remain under the ultimate
45	authority of the Agency for Workforce Innovation. However, the
46	one-stop delivery system operator shall submit to the agency
47	information concerning the job performance of agency employees
48	who deliver employment services. The agency shall consider any
49	such information submitted by the one-stop delivery system
50	operator in conducting performance appraisals of the employees.
51	(c)  The agency shall retain fiscal responsibility and
52	accountability for the administration of funds allocated to the
53	state under the Wagner-Peyser Act. An agency employee who is
54	providing services authorized under the Wagner-Peyser Act shall
55	be paid using Wagner-Peyser Act funds.
56	Section 2.  Subsections (1) through (4) of section 445.024,
57	Florida Statutes, are amended to read:
58	445.024  Work requirements.--
59	(1)  WORK ACTIVITIES.--The Agency for Workforce Innovation
60	may develop activities under each of the following categories of
61	work activities. The following categories of work activities,
62	based on federal law and regulations, may be used individually
63	or in combination to satisfy the work requirements for a
64	participant in the temporary cash assistance program:
65	(a)  Unsubsidized employment.
66	(b)  Subsidized private sector employment.
67	(c)  Subsidized public sector employment.
68	(d)  On-the-job training.
69	(e)  Community service programs.
70	(f)  Work experience.
71	(g)  Job search and job readiness assistance.
72	(h)  Vocational educational training.
73	(i)  Job skills training directly related to employment.
74	(j)  Education directly related to employment.
75	(k)  Satisfactory attendance at a secondary school or in a
76	course of study leading to a graduate equivalency diploma.
77	(l)  Providing child care services.
78	(a)  Unsubsidized employment.--Unsubsidized employment is
79	full-time employment or part-time employment that is not
80	directly supplemented by federal or state funds. Paid
81	apprenticeship and cooperative education activities are included
82	in this activity.
83	(b)  Subsidized private sector employment.--Subsidized
84	private sector employment is employment in a private for-profit
85	enterprise or a private not-for-profit enterprise which is
86	directly supplemented by federal or state funds. A subsidy may
87	be provided in one or more of the forms listed in this
88	paragraph.
89	1.  Work supplementation.--A work supplementation subsidy
90	diverts a participant's temporary cash assistance under the
91	program to the employer. The employer must pay the participant
92	wages that equal or exceed the applicable federal minimum wage.
93	Work supplementation may not exceed 6 months. At the end of the
94	supplementation period, the employer is expected to retain the
95	participant as a regular employee without receiving a subsidy. A
96	work supplementation agreement may not be continued with any
97	employer who exhibits a pattern of failing to provide
98	participants with continued employment after the period of work
99	supplementation ends.
100	2.  On-the-job training.--On-the-job training is full-time,
101	paid employment in which the employer or an educational
102	institution, in cooperation with the employer, provides training
103	needed for the participant to perform the skills required for
104	the position. The employer or the educational institution on
105	behalf of the employer receives a subsidy to offset the cost of
106	the training provided to the participant. Upon satisfactory
107	completion of the training, the employer is expected to retain
108	the participant as a regular employee without receiving a
109	subsidy. An on-the-job training agreement may not be continued
110	with any employer who exhibits a pattern of failing to provide
111	participants with continued employment after the on-the-job
112	training subsidy ends.
113	3.  Incentive payments.--Regional workforce boards may
114	provide additional incentive payments to encourage employers to
115	employ program participants. Incentive payments may include
116	payments to encourage the employment of hard-to-place
117	participants, in which case the amount of the payment shall be
118	weighted proportionally to the extent to which the participant
119	has limitations associated with the long-term receipt of welfare
120	and difficulty in sustaining employment. Incentive payments may
121	also include payments to encourage employers to provide health
122	care insurance benefits to current or former program
123	participants. In establishing incentive payments, regional
124	workforce boards shall consider the extent of prior receipt of
125	welfare, lack of employment experience, lack of education, lack
126	of job skills, and other appropriate factors. A participant who
127	has complied with program requirements and who is approaching
128	the time limit for receiving temporary cash assistance may be
129	defined as "hard to place." Incentive payments may include
130	payments in which an initial payment is made to the employer
131	upon the employment of a participant, and the majority of the
132	incentive payment is made after the employer retains the
133	participant as a full-time employee for at least 12 months. An
134	incentive agreement may not be continued with any employer who
135	exhibits a pattern of failing to provide participants with
136	continued employment after the incentive payments cease.
137	4.  Tax credits.--An employer who employs a program
138	participant may qualify for enterprise zone property tax credits
139	under s. 220.182, the tax refund program for qualified target
140	industry businesses under s. 288.106, or other federal or state
141	tax benefits. The regional workforce board shall provide
142	information and assistance, as appropriate, to use such credits
143	to accomplish program goals.
144	5.  Training bonus.--An employer who hires a participant in
145	the welfare transition program and pays the participant a wage
146	that precludes the participant's eligibility for temporary cash
147	assistance may receive $250 for each full month of employment
148	for a period that may not exceed 3 months. An employer who
149	receives a training bonus for an employee may not receive a work
150	supplementation subsidy for the same employee. "Employment" is
151	defined as 35 hours per week at a wage of no less than minimum
152	wage.
153	(c)  Subsidized public sector employment.--Subsidized
154	public sector employment is employment by an agency of the
155	federal, state, or local government which is directly
156	supplemented by federal or state funds. The applicable subsidies
157	provided under paragraph (b) may be used to subsidize employment
158	in the public sector, except that priority for subsidized
159	employment shall be employment in the private sector. Public
160	sector employment is distinguished from work experience in that
161	the participant is paid wages and receives the same benefits as
162	a nonsubsidized employee who performs similar work. Work-study
163	activities administered by educational institutions are included
164	in this activity.
165	(d)  Community service work experience.--Community service
166	work experience is job training experience at a supervised
167	public or private not-for-profit agency. A participant shall
168	receive temporary cash assistance in the form of wages, which,
169	when combined with the value of food stamps awarded to the
170	participant, is proportional to the amount of time worked. A
171	participant in the welfare transition program or the Food Stamp
172	Employment and Training program assigned to community service
173	work experience shall be deemed an employee of the state for
174	purposes of workers' compensation coverage and is subject to the
175	requirements of the drug-free workplace program. Community
176	service work experience may be selected as an activity for a
177	participant who needs to increase employability by improving his
178	or her interpersonal skills, job-retention skills, stress
179	management, and job problem solving, and by learning to attain a
180	balance between job and personal responsibilities. Community
181	service is intended to:
182	1.  Assess compliance with requirements of the welfare
183	transition program before referral of the participant to costly
184	services such as career education;
185	2.  Maintain work activity status while the participant
186	awaits placement into paid employment or training;
187	3.  Fulfill a clinical practicum or internship requirement
188	related to employment; or
189	4.  Provide work-based mentoring.
190
191	As used in this paragraph, the terms "community service
192	experience," "community work," and "workfare" are synonymous.
193	(e)  Work experience.--Work experience is an appropriate
194	work activity for participants who lack preparation for or
195	experience in the workforce. It must combine a job training
196	activity in a public or private not-for-profit agency with
197	education and training related to an employment goal. To qualify
198	as a work activity, work experience must include education and
199	training in addition to the time required by the work activity,
200	and the work activity must be intensively supervised and
201	structured. Regional workforce boards shall contract for any
202	services provided for clients who are assigned to this activity
203	and shall require performance benchmarks, goals, outcomes, and
204	time limits designed to assure that the participant moves toward
205	full-time paid employment. A participant shall receive temporary
206	cash assistance proportional to the time worked. A participant
207	assigned to work experience is an employee of the state for
208	purposes of workers' compensation coverage and is subject to the
209	requirements of the drug-free workplace program.
210	(f)  Job search and job readiness assistance.--Job search
211	assistance may include supervised or unsupervised job-seeking
212	activities. Job readiness assistance provides support for job-
213	seeking activities, which may include:
214	1.  Orientation to the world of work and basic job-seeking
215	and job retention skills.
216	2.  Instruction in completing an application for employment
217	and writing a resume.
218	3.  Instruction in conducting oneself during a job
219	interview, including appropriate dress.
220	4.  Instruction in how to retain a job, plan a career, and
221	perform successfully in the workplace.
222
223	Job readiness assistance may also include providing a
224	participant with access to an employment resource center that
225	contains job listings, telephones, facsimile machines,
226	typewriters, and word processors. Job search and job readiness
227	activities may be used in conjunction with other program
228	activities, such as work experience, but may not be the primary
229	work activity for longer than the length of time permitted under
230	federal law.
231	(g)  Career education or training.--Career education or
232	training is education or training designed to provide
233	participants with the skills and certification necessary for
234	employment in an occupational area. Career education or training
235	may be used as a primary program activity for participants when
236	it has been determined that the individual has demonstrated
237	compliance with other phases of program participation and
238	successful completion of the career education or training is
239	likely to result in employment entry at a higher wage than the
240	participant would have been likely to attain without completion
241	of the career education or training. Career education or
242	training may be combined with other program activities and also
243	may be used to upgrade skills or prepare for a higher paying
244	occupational area for a participant who is employed.
245	1.  Unless otherwise provided in this section, career
246	education shall not be used as the primary program activity for
247	a period which exceeds 12 months. The 12-month restriction
248	applies to instruction in a career education program and does
249	not include remediation of basic skills, including English
250	language proficiency, if remediation is necessary to enable a
251	participant to benefit from a career education program. Any
252	necessary remediation must be completed before a participant is
253	referred to career education as the primary work activity. In
254	addition, use of career education or training shall be
255	restricted to the limitation established in federal law. Career
256	education included in a program leading to a high school diploma
257	shall not be considered career education for purposes of this
258	section.
259	2.  When possible, a provider of career education or
260	training shall use funds provided by funding sources other than
261	the regional workforce board. The regional workforce board may
262	provide additional funds to a career education or training
263	provider only if payment is made pursuant to a performance-based
264	contract. Under a performance-based contract, the provider may
265	be partially paid when a participant completes education or
266	training, but the majority of payment shall be made following
267	the participant's employment at a specific wage or job retention
268	for a specific duration. Performance-based payments made under
269	this subparagraph are limited to education or training for
270	targeted occupations identified by the Workforce Estimating
271	Conference under s. 216.136, or other programs identified by
272	Workforce Florida, Inc., as beneficial to meet the needs of
273	designated groups who are hard to place. If the contract pays
274	the full cost of training, the community college or school
275	district may not report the participants for other state
276	funding.
277	(h)  Job skills training.--Job skills training includes
278	customized training designed to meet the needs of a specific
279	employer or a specific industry. Job skills training shall
280	include literacy instruction, and may include English
281	proficiency instruction or Spanish language or other language
282	instruction if necessary to enable a participant to perform in a
283	specific job or job training program or if the training enhances
284	employment opportunities in the local community. A participant
285	may be required to complete an entrance assessment or test
286	before entering into job skills training.
287	(i)  Education services related to employment for
288	participants 19 years of age or younger.--Education services
289	provided under this paragraph are designed to prepare a
290	participant for employment in an occupation. The agency shall
291	coordinate education services with the school-to-work activities
292	provided under s. 1006.02. Activities provided under this
293	paragraph are restricted to participants 19 years of age or
294	younger who have not completed high school or obtained a high
295	school equivalency diploma.
296	(j)  School attendance.--Attendance at a high school or
297	attendance at a program designed to prepare the participant to
298	receive a high school equivalency diploma is a required program
299	activity for each participant 19 years of age or younger who:
300	1.  Has not completed high school or obtained a high school
301	equivalency diploma;
302	2.  Is a dependent child or a head of household; and
303	3.  For whom it has not been determined that another
304	program activity is more appropriate.
305	(k)  Teen parent services.--Participation in medical,
306	educational, counseling, and other services that are part of a
307	comprehensive program is a required activity for each teen
308	parent who participates in the welfare transition program.
309	(l)  Extended education and training.--Notwithstanding any
310	other provisions of this section to the contrary, the board of
311	directors of Workforce Florida, Inc., may approve a plan by a
312	regional workforce board for assigning, as work requirements,
313	educational activities that exceed or are not included in those
314	provided elsewhere in this section and that do not comply with
315	federal work participation requirement limitations. In order to
316	be eligible to implement this provision, a regional workforce
317	board must continue to exceed the overall federal work
318	participation rate requirements. For purposes of this paragraph,
319	the board of directors of Workforce Florida, Inc., may adjust
320	the regional participation requirement based on regional
321	caseload decline. However, this adjustment is limited to no more
322	than the adjustment produced by the calculation used to generate
323	federal adjustments to the participation requirement due to
324	caseload decline.
325	(m)  GED preparation and literacy education.--Satisfactory
326	attendance at secondary school or in a course of study leading
327	to a graduate equivalency diploma, if a participant has not
328	completed secondary school or received such a diploma. English
329	language proficiency training may be included as a part of the
330	education if it is deemed the individual requires such training
331	to complete secondary school or to attain a graduate equivalency
332	diploma. To calculate countable hours attributable to education,
333	a participant may earn study credits equal to the number of
334	actual hours spent in formal training per week, but the total
335	number of hours earned for actual hours spent in formal training
336	and studying may not exceed a one to one and one-half ratio for
337	the week. Countable hours are subject to the restrictions
338	contained in 45 C.F.R. s. 261.31.
339	(n)  Providing child care services.--Providing child care
340	services to an individual who is participating in a community
341	service program pursuant to this section.
342	(2)  WORK ACTIVITY REQUIREMENTS.--Each individual who is
343	not otherwise exempt from work activity requirements must
344	participate in a work activity, except for community service
345	work experience, for the maximum number of hours allowable under
346	federal law; however, a, provided that no participant may not be
347	required to work more than 40 hours per week or less than the
348	minimum number of hours required by federal law. The maximum
349	number of hours each month that a family participant may be
350	required to participate in community service or work experience
351	programs activities is the greater of: the number of hours that
352	would result from dividing the family's monthly amount for
353	temporary cash assistance and food stamps by the applicable
354	federal minimum wage and then dividing that result by the number
355	of participants in the family who participate in community
356	service activities, or the minimum required to meet federal
357	participation requirements. However, in no case shall the
358	maximum hours required per week for community service or work
359	experience may not exceed 40 hours. An applicant shall be
360	referred for employment at the time of application if the
361	applicant is eligible to participate in the welfare transition
362	program.
363	(a)  A participant in a work activity may also be required
364	to enroll in and attend a course of instruction designed to
365	increase literacy skills to a level necessary for obtaining or
366	retaining employment if, provided that the instruction plus the
367	work activity does not require more than 40 hours per week.
368	(b)  Program funds may be used, as available, to support
369	the efforts of a participant who meets the work activity
370	requirements and who wishes to enroll in or continue enrollment
371	in an adult general education program or other training programs
372	a career education program.
373	(3)  EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
374	following individuals are exempt from work activity
375	requirements:
376	(a)  A minor child under 16 years of age.
377	(a)(b)  An individual who receives benefits under the
378	Supplemental Security Income program or the Social Security
379	Disability Insurance program.
380	(b)(c)  An adult Adults who is are not defined as a work-
381	eligible individual under federal law included in the
382	calculation of temporary cash assistance in child-only cases.
383	(c)(d)  A single One custodial parent of with a child under
384	3 months of age, except that the parent may be required to
385	attend parenting classes or other activities to better prepare
386	for the responsibilities of raising a child. If the custodial
387	parent is 19 years of age or younger and has not completed high
388	school or the equivalent, he or she may be required to attend
389	school or other appropriate educational activities.
390	(d)(e)  An individual who is exempt from the time period
391	pursuant to s. 414.105.
392	(4)  PRIORITIZATION OF WORK REQUIREMENTS.--Regional
393	workforce boards shall require participation in work activities
394	to the maximum extent possible, subject to federal and state
395	funding. If funds are projected to be insufficient to allow
396	full-time work activities by all program participants who are
397	required to participate in work activities, regional workforce
398	boards shall screen participants and assign priority based on
399	the following:
400	(a)  In accordance with federal requirements, at least one
401	adult in each two-parent family shall be assigned priority for
402	full-time work activities.
403	(b)  Among single-parent families, a family that has older
404	preschool children or school-age children shall be assigned
405	priority for work activities.
406	(c)  A participant who has access to subsidized or
407	unsubsidized nonsubsidized child care may be assigned priority
408	for work activities.
409	(d)  Priority may be assigned based on the amount of time
410	remaining until the participant reaches the applicable time
411	limit for program participation or may be based on requirements
412	of a case plan.
413
414	Regional workforce boards may limit a participant's weekly work
415	requirement to the minimum required to meet federal work
416	activity requirements in lieu of the level defined in subsection
417	(2). Regional workforce boards may develop screening and
418	prioritization procedures based on the allocation of resources,
419	the availability of community resources, the provision of
420	supportive services, or the work activity needs of the service
421	area district.
422	Section 3.  Section 445.032, Florida Statutes, is amended
423	to read:
424	445.032  Transitional child care.--In order to assist
425	former welfare transition program participants and individuals
426	who have been redirected through up-front diversion in obtaining
427	employment, continuing to be employed, and improving their
428	employment prospects, transitional child care is available for
429	up to 2 years:
430	(1)  To After a former program participant who is no longer
431	receiving temporary cash assistance and who is employed or is
432	actively seeking employment if his or her has left the program
433	due to employment and whose income does not exceed 200 percent
434	of the federal poverty level at any time during that 2-year
435	period.
436	(2)  To an individual who has been redirected through up-
437	front diversion and who is employed or is actively seeking
438	employment if his or her whose income does not exceed 200
439	percent of the federal poverty level at any time during that 2-
440	year period.
441	Section 4.  Paragraph (b) of subsection (4) of section
442	402.305, Florida Statutes, is amended to read:
443	402.305  Licensing standards; child care facilities.--
444	(4)  STAFF-TO-CHILDREN RATIO.--
445	(b)  This subsection does not apply to nonpublic schools
446	and their integral programs as defined in s. 402.3025(2)(d)1. In
447	addition, an individual participating in a community service
448	program work experience activity under s. 445.024(1)(e)(d), or a
449	work experience activity under s. 445.024(1)(f)(e), at a child
450	care facility may not be considered in calculating the staff-to-
451	children ratio.
452	Section 5.  This act shall take effect upon becoming a law.

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