Florida Senate - 2012                      CS for CS for SB 1398
       
       
       
       By the Committees on Budget Subcommittee on Transportation,
       Tourism, and Economic Development Appropriations; and Commerce
       and Tourism; and Senators Gardiner, Fasano, and Lynn
       
       
       606-04265-12                                          20121398c2
    1                        A bill to be entitled                      
    2         An act relating to regional workforce boards;
    3         providing a short title; amending s. 445.003, F.S.;
    4         specifying qualified expenditures for Individual
    5         Training Accounts; amending s. 445.007, F.S.;
    6         authorizing the chief elected official in the area of
    7         a regional workforce board to appoint representatives
    8         to the board if authorized by the Governor; providing
    9         that additional members may be added to the board
   10         under certain circumstances; requiring members and the
   11         executive director of a regional workforce board to
   12         make financial disclosures; authorizing the Governor
   13         to remove board members or the executive director of
   14         the board for cause; requiring that staff of the
   15         Department of Economic Opportunity, under the
   16         direction of Workforce Florida, Inc., assign staff to
   17         review the performance of regional workforce boards;
   18         encouraging each regional workforce board to provide
   19         the greatest possible choice of training providers to
   20         those who qualify for training services; providing
   21         requirements for the procurement and expenditure of
   22         certain funds; requiring a regional workforce board to
   23         develop an annual budget, subject to the approval of
   24         the chief elected official of the area; requiring the
   25         regional workforce board to submit its budget for
   26         review to Workforce Florida, Inc.; reinstating expired
   27         provisions that restrict the ability of a regional
   28         workforce board to use state or federal funds for
   29         meals, food, or beverages and that prohibit a board
   30         from using state or federal funds for entertainment
   31         costs or recreational activities for board members or
   32         employees; reinstating expired provisions that limit
   33         the ability of a regional workforce board to enter
   34         into contracts with a member, employee, or relative of
   35         a member or employee of the board; making technical
   36         and grammatical changes; amending s. 445.009, F.S.;
   37         deleting the expiration of a provision relating to the
   38         determination of the wages of a participant in an
   39         adult or youth work experience activity; making
   40         technical and grammatical changes; requiring Workforce
   41         Florida, Inc., to evaluate the means to establish a
   42         single, statewide-workforce system brand and to report
   43         its findings and recommendations to the Governor by a
   44         specified date; providing an effective date.
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. This act may be cited as the “Regional Workforce
   49  Boards Accountability Act.”
   50         Section 2. Paragraph (a) of subsection (3) of section
   51  445.003, Florida Statutes, is amended to read:
   52         445.003 Implementation of the federal Workforce Investment
   53  Act of 1998.—
   54         (3) FUNDING.—
   55         (a) Title I, Workforce Investment Act of 1998 funds;
   56  Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
   57  based on the 5-year plan of Workforce Florida, Inc. The plan
   58  shall outline and direct the method used to administer and
   59  coordinate various funds and programs that are operated by
   60  various agencies. The following provisions shall also apply to
   61  these funds:
   62         1. At least 50 percent of the Title I funds for Adults and
   63  Dislocated Workers that are passed through to regional workforce
   64  boards shall be allocated and expended on to Individual Training
   65  Accounts unless a regional workforce board obtains a waiver from
   66  Workforce Florida, Inc. Tuition, books, and fees of training
   67  providers and other training services aligned with training
   68  prescribed and authorized by the Workforce Investment Act of
   69  1998 qualify as an Individual Training Account expenditures
   70  expenditure, as do other programs developed by regional
   71  workforce boards in compliance with policies of Workforce
   72  Florida, Inc.
   73         2. Fifteen percent of Title I funding shall be retained at
   74  the state level and shall be dedicated to state administration
   75  and used to design, develop, induce, and fund innovative
   76  Individual Training Account pilots, demonstrations, and
   77  programs. Of such funds retained at the state level, $2 million
   78  shall be reserved for the Incumbent Worker Training Program,
   79  created under subparagraph 3. Eligible state administration
   80  costs include the costs of: funding for the board and staff of
   81  Workforce Florida, Inc.; operating fiscal, compliance, and
   82  management accountability systems through Workforce Florida,
   83  Inc.; conducting evaluation and research on workforce
   84  development activities; and providing technical and capacity
   85  building assistance to regions at the direction of Workforce
   86  Florida, Inc. Notwithstanding s. 445.004, such administrative
   87  costs shall not exceed 25 percent of these funds. An amount not
   88  to exceed 75 percent of these funds shall be allocated to
   89  Individual Training Accounts and other workforce development
   90  strategies for other training designed and tailored by Workforce
   91  Florida, Inc., including, but not limited to, programs for
   92  incumbent workers, displaced homemakers, nontraditional
   93  employment, and enterprise zones. Workforce Florida, Inc., shall
   94  design, adopt, and fund Individual Training Accounts for
   95  distressed urban and rural communities.
   96         3. The Incumbent Worker Training Program is created for the
   97  purpose of providing grant funding for continuing education and
   98  training of incumbent employees at existing Florida businesses.
   99  The program will provide reimbursement grants to businesses that
  100  pay for preapproved, direct, training-related costs.
  101         a. The Incumbent Worker Training Program will be
  102  administered by Workforce Florida, Inc. Workforce Florida, Inc.,
  103  at its discretion, may contract with a private business
  104  organization to serve as grant administrator.
  105         b. To be eligible for the program’s grant funding, a
  106  business must have been in operation in Florida for a minimum of
  107  1 year prior to the application for grant funding; have at least
  108  one full-time employee; demonstrate financial viability; and be
  109  current on all state tax obligations. Priority for funding shall
  110  be given to businesses with 25 employees or fewer, businesses in
  111  rural areas, businesses in distressed inner-city areas,
  112  businesses in a qualified targeted industry, businesses whose
  113  grant proposals represent a significant upgrade in employee
  114  skills, or businesses whose grant proposals represent a
  115  significant layoff avoidance strategy.
  116         c. All costs reimbursed by the program must be preapproved
  117  by Workforce Florida, Inc., or the grant administrator. The
  118  program will not reimburse businesses for trainee wages, the
  119  purchase of capital equipment, or the purchase of any item or
  120  service that may possibly be used outside the training project.
  121  A business approved for a grant may be reimbursed for
  122  preapproved, direct, training-related costs including tuition;
  123  fees; books and training materials; and overhead or indirect
  124  costs not to exceed 5 percent of the grant amount.
  125         d. A business that is selected to receive grant funding
  126  must provide a matching contribution to the training project,
  127  including, but not limited to, wages paid to trainees or the
  128  purchase of capital equipment used in the training project; must
  129  sign an agreement with Workforce Florida, Inc., or the grant
  130  administrator to complete the training project as proposed in
  131  the application; must keep accurate records of the project’s
  132  implementation process; and must submit monthly or quarterly
  133  reimbursement requests with required documentation.
  134         e. All Incumbent Worker Training Program grant projects
  135  shall be performance-based with specific measurable performance
  136  outcomes, including completion of the training project and job
  137  retention. Workforce Florida, Inc., or the grant administrator
  138  shall withhold the final payment to the grantee until a final
  139  grant report is submitted and all performance criteria specified
  140  in the grant contract have been achieved.
  141         f. Workforce Florida, Inc., may establish guidelines
  142  necessary to implement the Incumbent Worker Training Program.
  143         g. No more than 10 percent of the Incumbent Worker Training
  144  Program’s total appropriation may be used for overhead or
  145  indirect purposes.
  146         4. At least 50 percent of Rapid Response funding shall be
  147  dedicated to Intensive Services Accounts and Individual Training
  148  Accounts for dislocated workers and incumbent workers who are at
  149  risk of dislocation. Workforce Florida, Inc., shall also
  150  maintain an Emergency Preparedness Fund from Rapid Response
  151  funds which will immediately issue Intensive Service Accounts
  152  and Individual Training Accounts as well as other federally
  153  authorized assistance to eligible victims of natural or other
  154  disasters. At the direction of the Governor, for events that
  155  qualify under federal law, these Rapid Response funds shall be
  156  released to regional workforce boards for immediate use. Funding
  157  shall also be dedicated to maintain a unit at the state level to
  158  respond to Rapid Response emergencies around the state, to work
  159  with state emergency management officials, and to work with
  160  regional workforce boards. All Rapid Response funds must be
  161  expended based on a plan developed by Workforce Florida, Inc.,
  162  and approved by the Governor.
  163         Section 3. Section 445.007, Florida Statutes, is amended to
  164  read:
  165         445.007 Regional workforce boards.—
  166         (1)(a) One regional workforce board shall be appointed in
  167  each designated service delivery area and shall serve as the
  168  local workforce investment board pursuant to the Workforce
  169  Investment Act of 1998, 29 U.S.C. 2801 et. seq. Pub. L. No. 105
  170  220. The membership of the board shall be consistent with and
  171  limited to the members described in 29 U.S.C. 2832(b)(2)(A) Pub.
  172  L. No. 105-220, Title I, s. 117(b). The board may also include
  173  other individuals and representatives of entities who are
  174  appointed by the chief elected official in the local area if
  175  authorized by the Governor. If a public education or training
  176  provider is represented on the board, a representative of a
  177  private nonprofit provider and a representative of a private
  178  for-profit provider must also be appointed to the board.
  179         (b) The board shall include one nonvoting representative
  180  from a military installation if a military installation is
  181  located within the region and the appropriate military command
  182  or organization authorizes such representation. It is the intent
  183  of the Legislature that membership of a regional workforce board
  184  include persons who are current or former recipients of welfare
  185  transition assistance as defined in s. 445.002(2) or workforce
  186  services as provided in s. 445.009(1) or that such persons be
  187  included as ex officio members of the board or of committees
  188  organized by the board. The importance of minority and gender
  189  representation shall be considered when making appointments to
  190  the board.
  191         (c) The board, its committees, subcommittees, and
  192  subdivisions, and other units of the workforce system, including
  193  units that may consist in whole or in part of local governmental
  194  units, may use any method of telecommunications to conduct
  195  meetings, including establishing a quorum through
  196  telecommunications, provided that the public is given proper
  197  notice of the telecommunications meeting and reasonable access
  198  to observe and, when appropriate, participate. Regional
  199  workforce boards are subject to chapters 119 and 286 and s. 24,
  200  Art. I of the State Constitution.
  201         (d) If the regional workforce board enters into a contract
  202  with an organization or individual represented on the board of
  203  directors, the contract must be approved by a two-thirds vote of
  204  the board, a quorum having been established, and the board
  205  member who could benefit financially from the transaction must
  206  abstain from voting on the contract. A board member must
  207  disclose any such conflict in a manner that is consistent with
  208  the procedures outlined in s. 112.3143.
  209         (e) Each member of a regional workforce board who is not
  210  otherwise required to file a financial disclosure pursuant to s.
  211  8, Art. II of the State Constitution or s. 112.3144 shall file a
  212  disclosure of financial interests pursuant to s. 112.3145. The
  213  executive director or other person responsible for the
  214  operational and administrative functions of the regional
  215  workforce board who is not otherwise required to file a
  216  financial disclosure pursuant to s. 8, Art. II of the State
  217  Constitution or s. 112.3144 shall file a disclosure of financial
  218  interests pursuant to s. 112.3145.
  219         (2)(a) The regional workforce board shall elect a chair
  220  from among the representatives of businesses in the local area
  221  who:
  222         1. Are owners of businesses, chief executives or operating
  223  officers of businesses, and other business executives or
  224  employers who have optimum policymaking or hiring authority;
  225         2. Represent businesses that offer employment opportunities
  226  similar to the employment opportunities of the local area; and
  227         3. Are appointed from among individuals nominated by local
  228  business organizations and business trade associations.
  229         (b) A chair shall be appointed described in Pub. L. No.
  230  105-220, Title I, s. 117(b)(2)(A)(i) to serve for a term of no
  231  more than 2 years and shall serve no more than two terms.
  232         (c) The Governor may remove a member of the board, the
  233  executive director of the board, or the designated person
  234  responsible for the operational and administrative functions of
  235  the board for cause. As used in this paragraph, the term “cause”
  236  includes, but is not limited to, engaging in fraud or other
  237  criminal acts, incapacity, unfitness, neglect of duty, official
  238  incompetence and irresponsibility, misfeasance, malfeasance,
  239  nonfeasance, or lack of performance.
  240         (3) The Department of Economic Opportunity, under the
  241  direction of Workforce Florida, Inc., shall assign staff to meet
  242  with each regional workforce board annually to review the
  243  board’s performance and to certify that the board is in
  244  compliance with applicable state and federal law.
  245         (4) In addition to the duties and functions specified by
  246  Workforce Florida, Inc., and by the interlocal agreement
  247  approved by the local county or city governing bodies, the
  248  regional workforce board shall have the following
  249  responsibilities:
  250         (a) Develop, submit, ratify, or amend the local plan
  251  pursuant to 29 U.S.C. 2833 Pub. L. No. 105-220, Title I, s. 118,
  252  and the provisions of this chapter act.
  253         (b) Conclude agreements necessary to designate the fiscal
  254  agent and administrative entity. A public or private entity,
  255  including an entity established pursuant to s. 163.01, which
  256  makes a majority of the appointments to a regional workforce
  257  board may serve as the board’s administrative entity if approved
  258  by Workforce Florida, Inc., based upon a showing that a fair and
  259  competitive process was used to select the administrative
  260  entity.
  261         (c) Complete assurances required for the charter process of
  262  Workforce Florida, Inc., and provide ongoing oversight related
  263  to administrative costs, duplicated services, career counseling,
  264  economic development, equal access, compliance and
  265  accountability, and performance outcomes.
  266         (d) Oversee the one-stop delivery system in its local area.
  267         (5) Workforce Florida, Inc., shall implement a training
  268  program for the regional workforce boards to familiarize board
  269  members with the state’s workforce development goals and
  270  strategies.
  271         (6) The regional workforce board shall designate all local
  272  service providers and may not transfer this authority to a third
  273  party. Consistent with the intent of the Workforce Investment
  274  Act, regional workforce boards should provide the greatest
  275  possible choice of training providers to those who qualify for
  276  training services. A regional workforce board may not restrict
  277  the choice of training providers based upon cost, location, or
  278  historical training arrangement. A board, however, may restrict
  279  the amount of training resources available to any one client.
  280  Such restrictions may vary based upon the cost of training in
  281  the client’s chosen occupational area. The regional workforce
  282  board may be designated as a one-stop operator and direct
  283  provider of intake, assessment, eligibility determinations, or
  284  other direct provider services except training services. Such
  285  designation may occur only with the agreement of the chief
  286  elected official and the Governor as specified in 29 U.S.C. s.
  287  2832(f)(2). Workforce Florida, Inc., shall establish procedures
  288  by which a regional workforce board may request permission to
  289  operate under this section and the criteria under which such
  290  permission may be granted. The criteria shall include, but need
  291  not be limited to, a reduction in the cost of providing the
  292  permitted services. Such permission shall be granted for a
  293  period not to exceed 3 years for any single request submitted by
  294  the regional workforce board.
  295         (7) Regional workforce boards shall adopt a committee
  296  structure consistent with applicable federal law and state
  297  policies established by Workforce Florida, Inc.
  298         (8) The importance of minority and gender representation
  299  shall be considered when appointments are made to any committee
  300  established by the regional workforce board.
  301         (9) For purposes of procurement, regional workforce boards
  302  and their administrative entities are not state agencies and are
  303  exempt from chapters 120 and 287. The regional workforce boards
  304  shall apply the procurement and expenditure procedures required
  305  by federal law and policies of the Department of Economic
  306  Opportunity and Workforce Florida, Inc., for the expenditure of
  307  federal, state, and nonpass-through funds. The making or
  308  approval of smaller, multiple payments for a single purchase
  309  with the intent to avoid or evade the monetary thresholds and
  310  procedures established by federal law and policies of the
  311  Department of Economic Opportunity and Workforce Florida, Inc.,
  312  is grounds for removal for cause. Regional workforce boards,
  313  their administrative entities, committees, and subcommittees,
  314  and other workforce units may authorize expenditures to award
  315  suitable framed certificates, pins, or other tokens of
  316  recognition for performance by units of the workforce system.
  317  Regional workforce boards; their administrative entities,
  318  committees, and subcommittees; and other workforce units may
  319  authorize expenditures for promotional items, such as t-shirts,
  320  hats, or pens printed with messages promoting Florida’s
  321  workforce system to employers, job seekers, and program
  322  participants. However, such expenditures are subject to federal
  323  regulations applicable to the expenditure of federal funds. All
  324  contracts executed by regional workforce boards must include
  325  specific performance expectations and deliverables.
  326         (10) A regional workforce board shall prepare an annual
  327  budget for the purpose of carrying out its duties under this
  328  section. The budget is subject to the approval of the chief
  329  elected local official in the area. Each regional workforce
  330  board shall submit its budget for review to Workforce Florida,
  331  Inc., within 2 weeks after approval by the chief elected local
  332  official.
  333         (11)(10) State and federal funds provided to the regional
  334  workforce boards may not be used directly or indirectly to pay
  335  for meals, food, or beverages for board members, staff, or
  336  employees of regional workforce boards, Workforce Florida, Inc.,
  337  or the Department of Economic Opportunity Agency for Workforce
  338  Innovation except as expressly authorized by state law.
  339  Preapproved, reasonable, and necessary per diem allowances and
  340  travel expenses may be reimbursed. Such reimbursement shall be
  341  at the standard travel reimbursement rates established in s.
  342  112.061 and shall be in compliance with all applicable federal
  343  and state requirements. Workforce Florida, Inc., shall develop a
  344  statewide fiscal policy applicable to the state board and all
  345  regional workforce boards, to hold both the state and regional
  346  boards strictly accountable for adherence to the policy and
  347  subject to regular and periodic monitoring by the Department of
  348  Economic Opportunity Agency for Workforce Innovation, the
  349  administrative entity for Workforce Florida, Inc. A board may
  350  not use Boards are prohibited from expending state or federal
  351  funds for entertainment costs or and recreational activities for
  352  board members and employees as these terms are defined by 2
  353  C.F.R. part 230. This subsection expires July 1, 2011.
  354         (12)(11) To increase transparency and accountability,
  355  regional workforce boards must shall comply with the
  356  requirements of this section before contracting with a member of
  357  the regional workforce board or a relative, as defined in s.
  358  112.3143(1)(b), of a regional workforce board member or employee
  359  of the board. Such contracts may shall not be executed before or
  360  without the approval of Workforce Florida, Inc. Such contracts,
  361  as well as documentation demonstrating adherence to this section
  362  as specified by Workforce Florida, Inc., must be submitted to
  363  the Department of Economic Opportunity Agency for Workforce
  364  Innovation for review and recommendation according to criteria
  365  to be determined by Workforce Florida, Inc. Such contracts
  366  between relatives, as defined in s. 112.3143(1)(b), of a board
  367  member or employee of a board must be approved by a two-thirds
  368  vote of the entire board, a quorum having been established; all
  369  conflicts of interest must be disclosed before prior to the
  370  vote; and any member who may benefit from the contract, or whose
  371  relative may benefit from the contract, must abstain from the
  372  vote and the contract must be reviewed and approved as stated
  373  above. Contracts under $25,000 between a regional workforce
  374  board and a member of that board or between relatives, as
  375  defined in s. 112.3143(1)(b), of a board member or employees of
  376  a board are not required to have the prior approval of Workforce
  377  Florida, Inc., exempt from the review and recommendation process
  378  but must be approved by a two-thirds vote of the entire board, a
  379  quorum having been established, and must be reported to the
  380  Department of Economic Opportunity Agency for Workforce
  381  Innovation and Workforce Florida, Inc., within 30 days after
  382  approval. If a contract cannot be approved by Workforce Florida,
  383  Inc., a review of the decision to disapprove the contract may be
  384  requested by the regional workforce board or other parties to
  385  the disapproved contract. This subsection expires July 1, 2011.
  386         Section 4. Subsection (11) of section 445.009, Florida
  387  Statutes, is amended to read:
  388         445.009 One-stop delivery system.—
  389         (11) A participant in an adult or youth work experience
  390  activity administered under this chapter shall be deemed an
  391  employee of the state for purposes of workers’ compensation
  392  coverage. In determining the average weekly wage, all
  393  remuneration received from the employer shall be considered a
  394  gratuity, and the participant is shall not be entitled to any
  395  benefits otherwise payable under s. 440.15, regardless of
  396  whether the participant is may be receiving wages and
  397  remuneration from other employment with another employer and
  398  regardless of his or her future wage-earning capacity. This
  399  subsection expires July 1, 2012.
  400         Section 5. Workforce Florida, Inc., shall evaluate the
  401  means to establish a single, statewide workforce-system brand
  402  for this state. Workforce Florida, Inc., shall submit a report
  403  of its findings and recommendations to the Governor by November
  404  1, 2012.
  405         Section 6. This act shall take effect July 1, 2012.