Senate Bill sb7066pb
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Florida Senate - 2007 (PROPOSED COMMITTEE BILL) SPB 7066
FOR CONSIDERATION By the Committee on Commerce
577-723A-07
1 A bill to be entitled
2 An act relating to workforce services; amending
3 s. 445.009, F.S.; revising certain requirements
4 for the one-stop delivery system of employment
5 services; deleting a requirement that regional
6 workforce boards enter into memoranda of
7 understanding with the Agency for Workforce
8 Innovation for the delivery of certain
9 services; deleting a requirement that the
10 agency have authority to direct the staff of
11 the workforce system; amending s. 445.024,
12 F.S., relating to work activities for
13 participants in the temporary cash assistance
14 program; revising definitions to conform to the
15 federal law governing work requirements;
16 revising certain requirements for and duties of
17 the regional workforce boards with respect to
18 work requirements for program participants;
19 amending s. 445.032, F.S.; clarifying
20 circumstances under which transitional child
21 care is available to former participants in the
22 welfare transition program and certain other
23 individuals; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (3) of section 445.009, Florida
28 Statutes, is amended to read:
29 445.009 One-stop delivery system.--
30 (3) Beginning October 1, 2000, regional workforce
31 boards shall enter into a memorandum of understanding with the
1
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1 Agency for Workforce Innovation for the delivery of employment
2 services authorized by the federal Wagner-Peyser Act. This
3 memorandum of understanding must be performance based.
4 (a) Unless otherwise required by federal law, at least
5 90 percent of the Wagner-Peyser funding must go into direct
6 customer service costs.
7 (b) Employment services funded by the federal
8 Wagner-Peyser Act must be provided by through the one-stop
9 delivery system, under the guidance of the one-stop delivery
10 system operators. Unless otherwise required by federal law, at
11 least 90 percent of the Wagner-Peyser funding must go into
12 direct customer service costs. One-stop delivery system
13 operators shall have overall authority for directing the staff
14 of the workforce system. Personnel matters shall remain under
15 the ultimate authority of the Agency for Workforce Innovation.
16 However, the one-stop delivery system operator shall submit to
17 the agency information concerning the job performance of
18 agency employees who deliver employment services. The agency
19 shall consider any such information submitted by the one-stop
20 delivery system operator in conducting performance appraisals
21 of the employees.
22 (c) The agency shall retain fiscal responsibility and
23 accountability for the administration of funds allocated to
24 the state under the Wagner-Peyser Act. An agency employee who
25 is providing services authorized under the Wagner-Peyser Act
26 shall be paid using Wagner-Peyser Act funds.
27 Section 2. Section 445.024, Florida Statutes, is
28 amended to read:
29 445.024 Work requirements.--
30 (1) WORK ACTIVITIES.--The Agency for Workforce
31 Innovation may develop activities under each of the following
2
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1 categories of work activities. The following categories of
2 work activities, based on federal law and regulations, may be
3 used individually or in combination to satisfy the work
4 requirements for a participant in the temporary cash
5 assistance program. The work activities must meet the
6 respective federal definitions.:
7 (a) Unsubsidized employment;.--Unsubsidized employment
8 is full-time employment or part-time employment that is not
9 directly supplemented by federal or state funds. Paid
10 apprenticeship and cooperative education activities are
11 included in this activity.
12 (b) Subsidized private-sector private sector
13 employment;.--Subsidized private sector employment is
14 employment in a private for-profit enterprise or a private
15 not-for-profit enterprise which is directly supplemented by
16 federal or state funds. A subsidy may be provided in one or
17 more of the forms listed in this paragraph.
18 1. Work supplementation.--A work supplementation
19 subsidy diverts a participant's temporary cash assistance
20 under the program to the employer. The employer must pay the
21 participant wages that equal or exceed the applicable federal
22 minimum wage. Work supplementation may not exceed 6 months. At
23 the end of the supplementation period, the employer is
24 expected to retain the participant as a regular employee
25 without receiving a subsidy. A work supplementation agreement
26 may not be continued with any employer who exhibits a pattern
27 of failing to provide participants with continued employment
28 after the period of work supplementation ends.
29 2. On-the-job training.--On-the-job training is
30 full-time, paid employment in which the employer or an
31 educational institution, in cooperation with the employer,
3
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1 provides training needed for the participant to perform the
2 skills required for the position. The employer or the
3 educational institution on behalf of the employer receives a
4 subsidy to offset the cost of the training provided to the
5 participant. Upon satisfactory completion of the training, the
6 employer is expected to retain the participant as a regular
7 employee without receiving a subsidy. An on-the-job training
8 agreement may not be continued with any employer who exhibits
9 a pattern of failing to provide participants with continued
10 employment after the on-the-job training subsidy ends.
11 3. Incentive payments.--Regional workforce boards may
12 provide additional incentive payments to encourage employers
13 to employ program participants. Incentive payments may include
14 payments to encourage the employment of hard-to-place
15 participants, in which case the amount of the payment shall be
16 weighted proportionally to the extent to which the participant
17 has limitations associated with the long-term receipt of
18 welfare and difficulty in sustaining employment. Incentive
19 payments may also include payments to encourage employers to
20 provide health care insurance benefits to current or former
21 program participants. In establishing incentive payments,
22 regional workforce boards shall consider the extent of prior
23 receipt of welfare, lack of employment experience, lack of
24 education, lack of job skills, and other appropriate factors.
25 A participant who has complied with program requirements and
26 who is approaching the time limit for receiving temporary cash
27 assistance may be defined as "hard to place." Incentive
28 payments may include payments in which an initial payment is
29 made to the employer upon the employment of a participant, and
30 the majority of the incentive payment is made after the
31 employer retains the participant as a full-time employee for
4
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1 at least 12 months. An incentive agreement may not be
2 continued with any employer who exhibits a pattern of failing
3 to provide participants with continued employment after the
4 incentive payments cease.
5 4. Tax credits.--An employer who employs a program
6 participant may qualify for enterprise zone property tax
7 credits under s. 220.182, the tax refund program for qualified
8 target industry businesses under s. 288.106, or other federal
9 or state tax benefits. The regional workforce board shall
10 provide information and assistance, as appropriate, to use
11 such credits to accomplish program goals.
12 5. Training bonus.--An employer who hires a
13 participant in the welfare transition program and pays the
14 participant a wage that precludes the participant's
15 eligibility for temporary cash assistance may receive $250 for
16 each full month of employment for a period that may not exceed
17 3 months. An employer who receives a training bonus for an
18 employee may not receive a work supplementation subsidy for
19 the same employee. "Employment" is defined as 35 hours per
20 week at a wage of no less than minimum wage.
21 (c) Subsidized public-sector public sector
22 employment;.--Subsidized public sector employment is
23 employment by an agency of the federal, state, or local
24 government which is directly supplemented by federal or state
25 funds. The applicable subsidies provided under paragraph (b)
26 may be used to subsidize employment in the public sector,
27 except that priority for subsidized employment shall be
28 employment in the private sector. Public sector employment is
29 distinguished from work experience in that the participant is
30 paid wages and receives the same benefits as a nonsubsidized
31 employee who performs similar work. Work-study activities
5
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1 administered by educational institutions are included in this
2 activity.
3 (d) On-the-job training;
4 (e)(d) Community service programs work
5 experience;.--Community service work experience is job
6 training experience at a supervised public or private
7 not-for-profit agency. A participant shall receive temporary
8 cash assistance in the form of wages, which, when combined
9 with the value of food stamps awarded to the participant, is
10 proportional to the amount of time worked. A participant in
11 the welfare transition program or the Food Stamp Employment
12 and Training program assigned to community service work
13 experience shall be deemed an employee of the state for
14 purposes of workers' compensation coverage and is subject to
15 the requirements of the drug-free workplace program. Community
16 service work experience may be selected as an activity for a
17 participant who needs to increase employability by improving
18 his or her interpersonal skills, job-retention skills, stress
19 management, and job problem solving, and by learning to attain
20 a balance between job and personal responsibilities. Community
21 service is intended to:
22 1. Assess compliance with requirements of the welfare
23 transition program before referral of the participant to
24 costly services such as career education;
25 2. Maintain work activity status while the participant
26 awaits placement into paid employment or training;
27 3. Fulfill a clinical practicum or internship
28 requirement related to employment; or
29 4. Provide work-based mentoring.
30
31
6
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1 As used in this paragraph, the terms "community service
2 experience," "community work," and "workfare" are synonymous.
3 (f)(e) Work experience;.--Work experience is an
4 appropriate work activity for participants who lack
5 preparation for or experience in the workforce. It must
6 combine a job training activity in a public or private
7 not-for-profit agency with education and training related to
8 an employment goal. To qualify as a work activity, work
9 experience must include education and training in addition to
10 the time required by the work activity, and the work activity
11 must be intensively supervised and structured. Regional
12 workforce boards shall contract for any services provided for
13 clients who are assigned to this activity and shall require
14 performance benchmarks, goals, outcomes, and time limits
15 designed to assure that the participant moves toward full-time
16 paid employment. A participant shall receive temporary cash
17 assistance proportional to the time worked. A participant
18 assigned to work experience is an employee of the state for
19 purposes of workers' compensation coverage and is subject to
20 the requirements of the drug-free workplace program.
21 (g)(f) Job search and job readiness assistance;.--Job
22 search assistance may include supervised or unsupervised
23 job-seeking activities. Job readiness assistance provides
24 support for job-seeking activities, which may include:
25 1. Orientation to the world of work and basic
26 job-seeking and job retention skills.
27 2. Instruction in completing an application for
28 employment and writing a resume.
29 3. Instruction in conducting oneself during a job
30 interview, including appropriate dress.
31
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1 4. Instruction in how to retain a job, plan a career,
2 and perform successfully in the workplace.
3
4 Job readiness assistance may also include providing a
5 participant with access to an employment resource center that
6 contains job listings, telephones, facsimile machines,
7 typewriters, and word processors. Job search and job readiness
8 activities may be used in conjunction with other program
9 activities, such as work experience, but may not be the
10 primary work activity for longer than the length of time
11 permitted under federal law.
12 (h)(g) Career education or vocational educational
13 training;.--Career education or training is education or
14 training designed to provide participants with the skills and
15 certification necessary for employment in an occupational
16 area. Career education or training may be used as a primary
17 program activity for participants when it has been determined
18 that the individual has demonstrated compliance with other
19 phases of program participation and successful completion of
20 the career education or training is likely to result in
21 employment entry at a higher wage than the participant would
22 have been likely to attain without completion of the career
23 education or training. Career education or training may be
24 combined with other program activities and also may be used to
25 upgrade skills or prepare for a higher paying occupational
26 area for a participant who is employed.
27 1. Unless otherwise provided in this section, career
28 education shall not be used as the primary program activity
29 for a period which exceeds 12 months. The 12-month restriction
30 applies to instruction in a career education program and does
31 not include remediation of basic skills, including English
8
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1 language proficiency, if remediation is necessary to enable a
2 participant to benefit from a career education program. Any
3 necessary remediation must be completed before a participant
4 is referred to career education as the primary work activity.
5 In addition, use of career education or training shall be
6 restricted to the limitation established in federal law.
7 Career education included in a program leading to a high
8 school diploma shall not be considered career education for
9 purposes of this section.
10 2. When possible, a provider of career education or
11 training shall use funds provided by funding sources other
12 than the regional workforce board. The regional workforce
13 board may provide additional funds to a career education or
14 training provider only if payment is made pursuant to a
15 performance-based contract. Under a performance-based
16 contract, the provider may be partially paid when a
17 participant completes education or training, but the majority
18 of payment shall be made following the participant's
19 employment at a specific wage or job retention for a specific
20 duration. Performance-based payments made under this
21 subparagraph are limited to education or training for targeted
22 occupations identified by the Workforce Estimating Conference
23 under s. 216.136, or other programs identified by Workforce
24 Florida, Inc., as beneficial to meet the needs of designated
25 groups who are hard to place. If the contract pays the full
26 cost of training, the community college or school district may
27 not report the participants for other state funding.
28 (i)(h) Job skills training directly related to
29 employment;.--Job skills training includes customized training
30 designed to meet the needs of a specific employer or a
31 specific industry. Job skills training shall include literacy
9
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1 instruction, and may include English proficiency instruction
2 or Spanish language or other language instruction if necessary
3 to enable a participant to perform in a specific job or job
4 training program or if the training enhances employment
5 opportunities in the local community. A participant may be
6 required to complete an entrance assessment or test before
7 entering into job skills training.
8 (j)(i) Education directly related to employment;
9 services related to employment for participants 19 years of
10 age or younger.--Education services provided under this
11 paragraph are designed to prepare a participant for employment
12 in an occupation. The agency shall coordinate education
13 services with the school-to-work activities provided under s.
14 1006.02. Activities provided under this paragraph are
15 restricted to participants 19 years of age or younger who have
16 not completed high school or obtained a high school
17 equivalency diploma.
18 (k) Satisfactory attendance at secondary school or in
19 a course of study leading to a graduate equivalency diploma;
20 or
21 (j) School attendance.--Attendance at a high school or
22 attendance at a program designed to prepare the participant to
23 receive a high school equivalency diploma is a required
24 program activity for each participant 19 years of age or
25 younger who:
26 1. Has not completed high school or obtained a high
27 school equivalency diploma;
28 2. Is a dependent child or a head of household; and
29 3. For whom it has not been determined that another
30 program activity is more appropriate.
31
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1 (k) Teen parent services.--Participation in medical,
2 educational, counseling, and other services that are part of a
3 comprehensive program is a required activity for each teen
4 parent who participates in the welfare transition program.
5 (l) Extended education and training.--Notwithstanding
6 any other provisions of this section to the contrary, the
7 board of directors of Workforce Florida, Inc., may approve a
8 plan by a regional workforce board for assigning, as work
9 requirements, educational activities that exceed or are not
10 included in those provided elsewhere in this section and that
11 do not comply with federal work participation requirement
12 limitations. In order to be eligible to implement this
13 provision, a regional workforce board must continue to exceed
14 the overall federal work participation rate requirements. For
15 purposes of this paragraph, the board of directors of
16 Workforce Florida, Inc., may adjust the regional participation
17 requirement based on regional caseload decline. However, this
18 adjustment is limited to no more than the adjustment produced
19 by the calculation used to generate federal adjustments to the
20 participation requirement due to caseload decline.
21 (m) GED preparation and literacy
22 education.--Satisfactory attendance at secondary school or in
23 a course of study leading to a graduate equivalency diploma,
24 if a participant has not completed secondary school or
25 received such a diploma. English language proficiency
26 training may be included as a part of the education if it is
27 deemed the individual requires such training to complete
28 secondary school or to attain a graduate equivalency diploma.
29 To calculate countable hours attributable to education, a
30 participant may earn study credits equal to the number of
31 actual hours spent in formal training per week, but the total
11
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1 number of hours earned for actual hours spent in formal
2 training and studying may not exceed a one to one and one-half
3 ratio for the week. Countable hours are subject to the
4 restrictions contained in 45 C.F.R. s. 261.31.
5 (l)(n) Providing child care services.--Providing child
6 care services to an individual who is participating in a
7 community service program pursuant to this section.
8 (2) WORK ACTIVITY REQUIREMENTS.--Each individual who
9 is not otherwise exempt from work activity requirements must
10 participate in a work activity, except for community service
11 work experience, for the maximum number of hours allowable
12 under federal law; however, a, provided that no participant
13 may not be required to work more than 40 hours per week or
14 less than the minimum number of hours required by federal law.
15 The maximum number of hours each month that a family
16 participant may be required to participate in community
17 service or work experience programs activities is the greater
18 of: the number of hours that would result from dividing the
19 family's monthly amount for temporary cash assistance and food
20 stamps by the applicable federal minimum wage and then
21 dividing that result by the number of participants in the
22 family who participate in community service activities, or the
23 minimum required to meet federal participation requirements.
24 However, in no case shall the maximum hours required per week
25 for community service or work experience may not exceed 40
26 hours. An applicant shall be referred for employment at the
27 time of application if the applicant is eligible to
28 participate in the welfare transition program.
29 (a) A participant in a work activity may also be
30 required to enroll in and attend a course of instruction
31 designed to increase literacy skills to a level necessary for
12
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1 obtaining or retaining employment if, provided that the
2 instruction plus the work activity does not require more than
3 40 hours per week.
4 (b) Program funds may be used, as available, to
5 support the efforts of a participant who meets the work
6 activity requirements and who wishes to enroll in or continue
7 enrollment in an adult general education program or other
8 training programs a career education program.
9 (3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
10 following individuals are exempt from work activity
11 requirements:
12 (a) A minor child under 16 years of age.
13 (a)(b) An individual who receives benefits under the
14 Supplemental Security Income program or the Social Security
15 Disability Insurance program.
16 (b)(c) Adults who are not defined as work-eligible
17 individuals under federal law included in the calculation of
18 temporary cash assistance in child-only cases.
19 (c)(d) A single One custodial parent of with a child
20 under 3 months of age, except that the parent may be required
21 to attend parenting classes or other activities to better
22 prepare for the responsibilities of raising a child. If the
23 custodial parent is 19 years of age or younger and has not
24 completed high school or the equivalent, he or she may be
25 required to attend school or other appropriate educational
26 activities.
27 (d)(e) An individual who is exempt from the time
28 period pursuant to s. 414.105.
29 (4) PRIORITIZATION OF WORK REQUIREMENTS.--Regional
30 workforce boards shall require participation in work
31 activities to the maximum extent possible, subject to federal
13
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1 and state funding. If funds are projected to be insufficient
2 to allow full-time work activities by all program participants
3 who are required to participate in work activities, regional
4 workforce boards shall screen participants and assign priority
5 based on the following:
6 (a) In accordance with federal requirements, at least
7 one adult in each two-parent family shall be assigned priority
8 for full-time work activities.
9 (b) Among single-parent families, a family that has
10 older preschool children or school-age children shall be
11 assigned priority for work activities.
12 (c) A participant who has access to subsidized or
13 unsubsidized nonsubsidized child care may be assigned priority
14 for work activities.
15 (d) Priority may be assigned based on the amount of
16 time remaining until the participant reaches the applicable
17 time limit for program participation or may be based on
18 requirements of a case plan.
19
20 Regional workforce boards may limit a participant's weekly
21 work requirement to the minimum required to meet federal work
22 activity requirements in lieu of the level defined in
23 subsection (2). Regional workforce boards may develop
24 screening and prioritization procedures based on the
25 allocation of resources, the availability of community
26 resources, the provision of supportive services, or the work
27 activity needs of the service area district.
28 (5) USE OF CONTRACTS.--Regional workforce boards shall
29 provide work activities, training, and other services, as
30 appropriate, through contracts. In contracting for work
31 activities, training, or services, the following applies:
14
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1 (a) A contract must be performance-based. Payment
2 shall be tied to performance outcomes that include factors
3 such as, but not limited to, diversion from cash assistance,
4 job entry, job entry at a target wage, job retention, and
5 connection to transition services rather than tied to
6 completion of training or education or any other phase of the
7 program participation process.
8 (b) A contract may include performance-based incentive
9 payments that may vary according to the extent to which the
10 participant is more difficult to place. Contract payments may
11 be weighted proportionally to reflect the extent to which the
12 participant has limitations associated with the long-term
13 receipt of welfare and difficulty in sustaining employment.
14 The factors may include the extent of prior receipt of
15 welfare, lack of employment experience, lack of education,
16 lack of job skills, and other factors determined appropriate
17 by the regional workforce board.
18 (c) Notwithstanding the exemption from the competitive
19 sealed bid requirements provided in s. 287.057(5)(f) for
20 certain contractual services, each contract awarded under this
21 chapter must be awarded on the basis of a competitive sealed
22 bid, except for a contract with a governmental entity as
23 determined by the regional workforce board.
24 (d) Regional workforce boards may contract with
25 commercial, charitable, or religious organizations. A contract
26 must comply with federal requirements with respect to
27 nondiscrimination and other requirements that safeguard the
28 rights of participants. Services may be provided under
29 contract, certificate, voucher, or other form of disbursement.
30 (e) The administrative costs associated with a
31 contract for services provided under this section may not
15
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1 exceed the applicable administrative cost ceiling established
2 in federal law. An agency or entity that is awarded a contract
3 under this section may not charge more than 7 percent of the
4 value of the contract for administration, unless an exception
5 is approved by the regional workforce board. A list of any
6 exceptions approved must be submitted to the board of
7 directors of Workforce Florida, Inc., for review, and the
8 board may rescind approval of the exception.
9 (f) Regional workforce boards may enter into contracts
10 to provide short-term work experience for the chronically
11 unemployed as provided in this section.
12 (g) A tax-exempt organization under s. 501(c) of the
13 Internal Revenue Code of 1986 which receives funds under this
14 chapter must disclose receipt of federal funds on any
15 advertising, promotional, or other material in accordance with
16 federal requirements.
17 (6) PROTECTIONS FOR PARTICIPANTS.--Each participant is
18 subject to the same health, safety, and nondiscrimination
19 standards established under federal, state, or local laws that
20 otherwise apply to other individuals engaged in similar
21 activities who are not participants in the welfare transition
22 program.
23 (7) PROTECTION FOR CURRENT EMPLOYEES.--In establishing
24 and contracting for work experience and community service
25 activities, other work experience activities, on-the-job
26 training, subsidized employment, and work supplementation
27 under the welfare transition program, an employed worker may
28 not be displaced, either completely or partially. A
29 participant may not be assigned to an activity or employed in
30 a position if the employer has created the vacancy or
31
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1 terminated an existing employee without good cause in order to
2 fill that position with a program participant.
3 Section 3. Section 445.032, Florida Statutes, is
4 amended to read:
5 445.032 Transitional child care.--In order to assist
6 former welfare transition program participants and individuals
7 who have been redirected through up-front diversion in
8 obtaining employment, continuing to be employed, and improving
9 their employment prospects, transitional child care is
10 available for up to 2 years:
11 (1) To After a former program participant who is no
12 longer receiving temporary cash assistance and who is employed
13 or actively seeking employment if his or her has left the
14 program due to employment and whose income does not exceed 200
15 percent of the federal poverty level at any time during that
16 2-year period.
17 (2) To an individual who has been redirected through
18 up-front diversion and who is employed or actively seeking
19 employment if his or her whose income does not exceed 200
20 percent of the federal poverty level at any time during that
21 2-year period.
22 Section 4. This act shall take effect upon becoming a
23 law.
24
25 *****************************************
26 SENATE SUMMARY
27 Revises certain requirements of the one-stop delivery
system of employment services. Revises the definitions of
28 work activities for participants in the temporary cash
assistance program for the purpose of conforming those
29 definitions to the federal law governing work
requirements. Revises provisions specifying the
30 circumstances under which transitional child care is
available to former participants in the welfare
31 transition program and certain other individuals.
17
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