HB 1041

1
A bill to be entitled
2An act relating to the College and Career Transition
3Assistance Act; providing a short title; providing
4definitions; providing legislative findings and intent;
5establishing a school-to-work program to be operated in
6any school, Department of Juvenile Justice facility, or
7charter school; providing requirements for participation
8in the program; creating an endowment fund within the
9Florida Endowment Foundation for Florida's Graduates;
10providing for the investment and deposit of funds in the
11foundation's operating account; creating the Florida
12Endowment Foundation for Florida's Graduates as a direct-
13support organization; establishing a board of directors to
14administer the foundation; providing for membership;
15providing for ex officio members of the board; providing
16terms; providing powers and duties; providing for the
17distribution of earnings on the endowment fund principal;
18requiring an annual audit report; requiring that the board
19submit a report to the Governor, the Legislature, and the
20Commissioner of Education; requiring that the Department
21of Education adopt rules; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  College and Career Transition Assistance Act.-
26     (1)  SHORT TITLE.-This section may be cited as the "College
27and Career Transition Assistance Act."
28     (2)  DEFINITIONS.-For the purposes of this section, the
29term:
30     (a)  "Board" means the board of directors of the Florida
31Endowment Foundation for Florida's Graduates.
32     (b)  "Department" means the Department of Education.
33     (c)  "Endowment fund" means an account established within
34the Florida Endowment Foundation for Florida's Graduates to
35provide a continuing and growing source of revenue for efforts
36relating to the transition from school to work.
37     (d)  "Foundation" means the Florida Endowment Foundation
38for Florida's Graduates.
39     (e)  "Operating account" means an account established under
40paragraph (8)(h) in order to carry out the purposes provided in
41this section.
42     (3)  LEGISLATIVE FINDINGS AND INTENT.-The Legislature finds
43that it is in the best interest of the state to have a well-
44educated and skilled workforce in order to be competitive in a
45changing economy. It is the intent of the Legislature to ensure
46a skilled workforce by creating a formal program that
47facilitates the important transition from school to work and
48provide additional funding to achieve this goal. Therefore, the
49Legislature finds that it is:
50     (a)  Important to increase each student's understanding of
51postsecondary educational opportunities and career and work-
52readiness skills.
53     (b)  Appropriate to encourage individual and corporate
54support and involvement, as well as state support and
55involvement, to promote employment opportunities for Florida's
56students.
57     (4)  SCHOOL-TO-WORK PROGRAMS.-Except as otherwise provided
58by law or by department rule, there is established a school-to-
59work program that shall be operated according to the process and
60outcome standards of the department's initiatives.
61     (a)  A school-to-work program may be operated in any school
62district, Department of Juvenile Justice facility, or charter
63school.
64     (b)  Participating organizations must be demographically
65balanced to include urban and rural schools and be comprised of
66schools in all geographic areas of the state. Each school that
67is selected to participate in a school-to-work program shall
68enter into a formal written agreement with the State Board of
69Education which, at a minimum, details the responsibilities of
70each party and the process and goals of the program.
71     (c)  Each participating school, Department of Juvenile
72Justice facility, or charter school shall select and approve
73each student for participation in the school-to-work program
74based on a student's classification as an at-risk student.
75     (5)  REVENUE FOR THE ENDOWMENT FUND.-
76     (a)  An endowment fund is created as a long-term, stable,
77and growing source of revenue which shall be administered by the
78foundation pursuant to rules adopted by the department.
79     (b)  The principal of the endowment fund shall consist of
80legislative appropriations and bequests, gifts, grants, or
81donations solicited from public or private sources by the
82foundation.
83     (c)  The foundation shall invest and reinvest moneys from
84the principal of the endowment fund pursuant to ss. 215.44-
85215.53, Florida Statutes. Interest and investment income earned
86from moneys in the endowment fund shall be annually transmitted
87to the foundation, based upon a fiscal year beginning July 1 and
88ending June 30, and shall be deposited in the foundation's
89operating account for distribution as provided in this section.
90     (6)  THE FLORIDA ENDOWMENT FOUNDATION FOR FLORIDA'S
91GRADUATES.-
92     (a)  The Florida Endowment Foundation for Florida's
93Graduates is created as a direct-support organization within the
94Department of Education to encourage public and private support
95and enhance the transition of students from school to work. As a
96direct-support organization, the foundation shall operate under
97contract with the department and shall be:
98     1.  A Florida corporation, not for profit, incorporated
99under chapter 617, Florida Statutes, and approved by the
100Department of State.
101     2.  Organized and operated exclusively to raise funds;
102submit requests and receive grants from the Federal Government,
103the state, private foundations, and individuals; receive, hold,
104and administer property; and make expenditures to or for the
105benefit of school-to-work transition programs approved by the
106board of directors of the foundation.
107     (b)  As a direct-support organization, the foundation
108shall:
109     1.  Maintain articles of incorporation.
110     2.  Maintain a board of directors recommended by the
111Commissioner of Education and appointed by the Governor.
112     3.  Maintain an external annual audit.
113     4.  Provide a mechanism for the reversion to the state of
114moneys in the foundation and in any other funds and accounts
115held in trust by the foundation if the foundation is dissolved.
116     (7)  BOARD OF DIRECTORS.-The foundation shall be
117administered by a board of directors, as follows:
118     (a)  The board shall consist of 15 members, at least 9 of
119whom must be from the private sector. The remaining members may
120be from the public sector and must include representatives from
121secondary education, vocational education, and job-training
122programs. The chair may be from the private sector or the public
123sector.
124     (b)  Each member shall have an interest in the transition
125of students from school to work and, if practicable, shall have:
126     1.  Skills relating to work in a foundation or fundraising
127activities, financial consulting, investment banking, or other
128related experience; or
129     2.  Experience in policymaking or executive-level positions
130or have distinguished themselves in the fields of education,
131business, or industry.
132     (c)  The Governor, the Commissioner of Education, the
133director of the Agency for Workforce Innovation, the Secretary
134of Juvenile Justice, the Secretary of Children and Family
135Services, and the chairs of the legislative education
136appropriations committees shall be ex officio members of board.
137     1.  The chair shall be appointed for a term of 2 years and
138may be reappointed. However, a chair may not serve more than 6
139consecutive years.
140     2.  Board members shall be appointed to serve 3-year terms
141or until resignation or removal for cause, except that members
142appointed to serve initial terms shall be appointed to staggered
143terms of 1, 2, and 3 years, respectively.
144     (d)  A new member shall be appointed if a vacancy occurs on
145the board because of an occurrence other than the expiration of
146a term.
147     (e)  Each member is accountable to the Commissioner of
148Education for the proper performance of his or her duties. The
149commissioner may remove any member from office for malfeasance,
150misfeasance, neglect of duty, incompetence, or the permanent
151inability to perform official duties or for pleading nolo
152contendere to, or being found guilty of, a crime.
153     (8)  ORGANIZATION, POWERS, AND DUTIES.-Within the limits
154prescribed in this section or by department rule:
155     (a)  Upon appointment of its members, the board shall meet
156and organize. Thereafter, the board shall hold such meetings as
157are necessary to administer this section and shall conduct its
158business in accordance with rules adopted by the department.
159     (b)  The board may solicit and receive bequests, gifts,
160grants, donations, goods, and services. Any gift that is
161restricted as to its purpose may be used only for the purpose or
162purposes stated by the donor.
163     (c)  The board may enter into contracts with the Federal
164Government, the state, local agencies, private entities, or
165individuals in order to carry out the purposes of this section.
166     (d)  The board may identify, initiate, and fund programs to
167carry out the purposes of this section.
168     (e)  The board may make gifts or grants to:
169     1.  The state, or any political subdivision thereof, or any
170public agency of state or local government.
171     2.  A corporation, trust, association, or foundation
172organized and operated exclusively for charitable, educational,
173or scientific purposes.
174     3.  The Department of Education, for purposes of program
175recognition and marketing, public relations and education,
176professional development, and technical assistance and workshops
177for grant applicants and recipients and the business community.
178     (f)  The board may advertise and solicit applications for
179funding and shall evaluate applications and program proposals
180submitted to the board.
181     (g)  The board shall monitor, review, and annually evaluate
182funded programs to determine whether funding should be
183continued, terminated, reduced, or increased.
184     (h)  The board shall establish an operating account for the
185deposit of funds to be used in carrying out the purposes of this
186section.
187     (i)  The board shall operate the programs to ensure that
188the goals of this section are met and shall recommend to the
189Department of Education the adoption of rules as may be
190necessary.
191     (j)  The board may take such additional actions, including
192independently organizing and conducting hiring, as are deemed
193necessary and appropriate to administer the provisions of this
194section. An employment position with the board is not state
195employment.
196     (9)  DISTRIBUTION OF EARNINGS ON ENDOWMENT FUND PRINCIPAL.-
197The board shall use the moneys in the operating account, by
198whatever means necessary, to provide for:
199     (a)  Planning, research, and policy development for issues
200related to school-to-work transition and publications and
201dissemination of such information as may serve the objectives of
202this section.
203     (b)  Promotion of initiatives for school-to-work
204transition.
205     (c)  Funding of programs that engage in, contract for,
206foster, finance, or aid in job training and counseling for
207school-to-work transition research, education, or demonstration,
208or other related activities.
209     (d)  Funding of programs that engage in, contract for,
210foster, finance, or aid in activities designed to advance better
211public understanding and appreciation of the school-to-work
212transition.
213     (10)  ANNUAL AUDIT.-The board shall cause to be conducted
214an annual audit of the foundation's financial accounts by an
215independent certified public accountant in accordance with rules
216adopted by the department. The annual audit report shall be
217submitted to the Auditor General and the department for review.
218The Auditor General and the department may require and receive
219from the foundation, or from its independent auditor, any
220relevant detail or supplemental data.
221     (11)  ASSESSMENT OF PROGRAM RESULTS.-The success of the
222programs shall be assessed as follows:
223     (a)  The foundation shall review the program's activities
224and submit a report to the Department of Education and the
225Legislature on or before August 1 of each year.
226     (b)  The foundation shall coordinate an ongoing
227longitudinal study of participants to determine the overall
228efficacy of the program.
229     (12)  ANNUAL REPORT.-The board shall submit a report to the
230Governor, the President of the Senate, the Speaker of the House
231of Representatives, and the Commissioner of Education on or
232before January 1 of each year, which summarizes the performance
233of the endowment fund for the previous fiscal year and the
234foundation's fundraising activities and performance, and details
235those activities and programs supported by the earnings on the
236endowment principal or by bequests, gifts, grants, donations,
237and other valued goods and services received.
238     (13)  RULES.-The Department of Education shall adopt rules
239to administer this section.
240     Section 2.  This act shall take effect July 1, 2010.


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