Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1398
       
       
       
       
       
       
                                Barcode 389580                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  01/26/2012           .                                
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       The Committee on Commerce and Tourism (Flores) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 44 and 45
    4  insert:
    5  
    6         Section 2. Paragraph (a) of subsection (3) of section
    7  445.003, Florida Statutes, is amended to read:
    8         445.003 Implementation of the federal Workforce Investment
    9  Act of 1998.—
   10         (3) FUNDING.—
   11         (a) Title I, Workforce Investment Act of 1998 funds;
   12  Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
   13  based on the 5-year plan of Workforce Florida, Inc. The plan
   14  shall outline and direct the method used to administer and
   15  coordinate various funds and programs that are operated by
   16  various agencies. The following provisions shall also apply to
   17  these funds:
   18         1. At least 50 percent of the Title I funds for Adults and
   19  Dislocated Workers that are passed through to regional workforce
   20  boards shall be allocated and expended on to Individual Training
   21  Accounts unless a regional workforce board obtains a waiver from
   22  Workforce Florida, Inc. Tuition, books, and fees of training
   23  providers qualify as an Individual Training Account expenditure,
   24  as do other programs developed by regional workforce boards in
   25  compliance with policies of Workforce Florida, Inc.
   26         2. Fifteen percent of Title I funding shall be retained at
   27  the state level and shall be dedicated to state administration
   28  and used to design, develop, induce, and fund innovative
   29  Individual Training Account pilots, demonstrations, and
   30  programs. Of such funds retained at the state level, $2 million
   31  shall be reserved for the Incumbent Worker Training Program,
   32  created under subparagraph 3. Eligible state administration
   33  costs include the costs of: funding for the board and staff of
   34  Workforce Florida, Inc.; operating fiscal, compliance, and
   35  management accountability systems through Workforce Florida,
   36  Inc.; conducting evaluation and research on workforce
   37  development activities; and providing technical and capacity
   38  building assistance to regions at the direction of Workforce
   39  Florida, Inc. Notwithstanding s. 445.004, such administrative
   40  costs shall not exceed 25 percent of these funds. An amount not
   41  to exceed 75 percent of these funds shall be allocated to
   42  Individual Training Accounts and other workforce development
   43  strategies for other training designed and tailored by Workforce
   44  Florida, Inc., including, but not limited to, programs for
   45  incumbent workers, displaced homemakers, nontraditional
   46  employment, and enterprise zones. Workforce Florida, Inc., shall
   47  design, adopt, and fund Individual Training Accounts for
   48  distressed urban and rural communities.
   49         3. The Incumbent Worker Training Program is created for the
   50  purpose of providing grant funding for continuing education and
   51  training of incumbent employees at existing Florida businesses.
   52  The program will provide reimbursement grants to businesses that
   53  pay for preapproved, direct, training-related costs.
   54         a. The Incumbent Worker Training Program will be
   55  administered by Workforce Florida, Inc. Workforce Florida, Inc.,
   56  at its discretion, may contract with a private business
   57  organization to serve as grant administrator.
   58         b. To be eligible for the program’s grant funding, a
   59  business must have been in operation in Florida for a minimum of
   60  1 year prior to the application for grant funding; have at least
   61  one full-time employee; demonstrate financial viability; and be
   62  current on all state tax obligations. Priority for funding shall
   63  be given to businesses with 25 employees or fewer, businesses in
   64  rural areas, businesses in distressed inner-city areas,
   65  businesses in a qualified targeted industry, businesses whose
   66  grant proposals represent a significant upgrade in employee
   67  skills, or businesses whose grant proposals represent a
   68  significant layoff avoidance strategy.
   69         c. All costs reimbursed by the program must be preapproved
   70  by Workforce Florida, Inc., or the grant administrator. The
   71  program will not reimburse businesses for trainee wages, the
   72  purchase of capital equipment, or the purchase of any item or
   73  service that may possibly be used outside the training project.
   74  A business approved for a grant may be reimbursed for
   75  preapproved, direct, training-related costs including tuition;
   76  fees; books and training materials; and overhead or indirect
   77  costs not to exceed 5 percent of the grant amount.
   78         d. A business that is selected to receive grant funding
   79  must provide a matching contribution to the training project,
   80  including, but not limited to, wages paid to trainees or the
   81  purchase of capital equipment used in the training project; must
   82  sign an agreement with Workforce Florida, Inc., or the grant
   83  administrator to complete the training project as proposed in
   84  the application; must keep accurate records of the project’s
   85  implementation process; and must submit monthly or quarterly
   86  reimbursement requests with required documentation.
   87         e. All Incumbent Worker Training Program grant projects
   88  shall be performance-based with specific measurable performance
   89  outcomes, including completion of the training project and job
   90  retention. Workforce Florida, Inc., or the grant administrator
   91  shall withhold the final payment to the grantee until a final
   92  grant report is submitted and all performance criteria specified
   93  in the grant contract have been achieved.
   94         f. Workforce Florida, Inc., may establish guidelines
   95  necessary to implement the Incumbent Worker Training Program.
   96         g. No more than 10 percent of the Incumbent Worker Training
   97  Program’s total appropriation may be used for overhead or
   98  indirect purposes.
   99         4. At least 50 percent of Rapid Response funding shall be
  100  dedicated to Intensive Services Accounts and Individual Training
  101  Accounts for dislocated workers and incumbent workers who are at
  102  risk of dislocation. Workforce Florida, Inc., shall also
  103  maintain an Emergency Preparedness Fund from Rapid Response
  104  funds which will immediately issue Intensive Service Accounts
  105  and Individual Training Accounts as well as other federally
  106  authorized assistance to eligible victims of natural or other
  107  disasters. At the direction of the Governor, for events that
  108  qualify under federal law, these Rapid Response funds shall be
  109  released to regional workforce boards for immediate use. Funding
  110  shall also be dedicated to maintain a unit at the state level to
  111  respond to Rapid Response emergencies around the state, to work
  112  with state emergency management officials, and to work with
  113  regional workforce boards. All Rapid Response funds must be
  114  expended based on a plan developed by Workforce Florida, Inc.,
  115  and approved by the Governor.
  116  
  117  ================= T I T L E  A M E N D M E N T ================
  118  And the title is amended as follows:
  119  
  120         Delete line 3
  121  and insert:
  122  
  123         providing a short title; amending s. 445.003, F.S.;
  124         providing that tuition, books, and fees of training
  125         providers qualify as an Individual Training Account
  126         expenditure; amending s. 445.007, F.S.;