Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 948
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                

       The Committee on Higher Education (Gaetz) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 31 - 154
    4  and insert:
    5         Section 1. Subsections (2), (4), and (9) of section
    6  446.021, Florida Statutes, are amended to read:
    7         446.021 Definitions of terms used in ss. 446.011-446.092.
    8  As used in ss. 446.011-446.092, the term:
    9         (2) “Apprentice” means a person at least 16 years of age
   10  who is engaged in learning a recognized skilled trade through
   11  actual work experience under the supervision of journeyworker
   12  journeymen craftsmen, which training should be combined with
   13  properly coordinated studies of related technical and
   14  supplementary subjects, and who has entered into a written
   15  agreement, which may be cited as an apprentice agreement, with a
   16  registered apprenticeship sponsor who may be either an employer,
   17  an association of employers, or a local joint apprenticeship
   18  committee.
   19         (4) “Journeyworker” “Journeyman” means a worker who has
   20  attained certain skills, abilities, and competencies and who is
   21  recognized within an industry as having mastered the skills and
   22  competencies required for the occupation, including, but not
   23  limited to, attainment of a nationally recognized industry
   24  certification. The term includes a mentor, technician,
   25  specialist, or other skilled worker who has documented
   26  sufficient skills and knowledge of an occupation, through formal
   27  apprenticeship, attainment of a nationally recognized industry
   28  certification, or through practical, on-the-job experience or
   29  formal training a person working in an apprenticeable occupation
   30  who has successfully completed a registered apprenticeship
   31  program or who has worked the number of years required by
   32  established industry practices for the particular trade or
   33  occupation.
   34         (9) “Related instruction” means an organized and systematic
   35  form of instruction designed to provide the apprentice with
   36  knowledge of the theoretical and technical subjects related to a
   37  specific trade or occupation. Such instruction may be given in a
   38  classroom, through occupational or industrial courses, or by
   39  correspondence courses of equivalent value, including electronic
   40  media or other forms of self-study instruction approved by the
   41  department.
   42         Section 2. Subsection (1) of section 446.032, Florida
   43  Statutes, is amended to read:
   44         446.032 General duties of the department for apprenticeship
   45  training.—The department shall:
   46         (1) Establish uniform minimum standards and policies
   47  governing apprentice programs and agreements. The standards and
   48  policies shall govern the terms and conditions of the
   49  apprentice’s employment and training, including the quality
   50  training of the apprentice for, but not limited to, such matters
   51  as ratios of apprentices to journeyworkers journeymen, safety,
   52  related instruction, and on-the-job training; but these
   53  standards and policies may not include rules, standards, or
   54  guidelines that require the use of apprentices and job trainees
   55  on state, county, or municipal contracts. The department may
   56  adopt rules necessary to administer the standards and policies.
   57         Section 3. Paragraph (b) of subsection (2) of section
   58  446.045, Florida Statutes, is amended to read:
   59         446.045 State Apprenticeship Advisory Council.—
   60         (2)
   61         (b) The Commissioner of Education or the commissioner’s
   62  designee shall serve ex officio as chair of the State
   63  Apprenticeship Advisory Council, but may not vote. The state
   64  director of the Office of Apprenticeship of the United States
   65  Department of Labor shall serve ex officio as a nonvoting member
   66  of the council. The Governor shall appoint to the council four
   67  members representing employee organizations and four members
   68  representing employer organizations. Each of these eight members
   69  shall represent industries that have registered apprenticeship
   70  programs. The Governor shall also appoint two public members who
   71  are knowledgeable about registered apprenticeship and
   72  apprenticeable occupations, who are independent of any joint or
   73  nonjoint organization one of whom shall be recommended by joint
   74  organizations, and one of whom shall be recommended by nonjoint
   75  organizations. Members shall be appointed for 4-year staggered
   76  terms. A vacancy shall be filled for the remainder of the
   77  unexpired term.
   78         Section 4. Subsection (4) is added to section 446.081,
   79  Florida Statutes, to read:
   80         446.081 Limitation.—
   81         (4) Nothing in ss. 446.011-446.092 or the implementing
   82  rules in these sections shall operate to invalidate any special
   83  provision for veterans, minority persons, or women in the
   84  standards, qualifications, or operation of the apprenticeship
   85  program or in the apprenticeship agreement which is not
   86  otherwise prohibited by law, executive order, or authorized
   87  regulation.
   88         Section 5. Section 446.091, Florida Statutes, is amended to
   89  read:
   90         446.091 On-the-job training program.—All provisions of ss.
   91  446.011-446.092 relating to apprenticeship and
   92  preapprenticeship, including, but not limited to, programs,
   93  agreements, standards, administration, procedures, definitions,
   94  expenditures, local committees, powers and duties, limitations,
   95  grievances, and ratios of apprentices and job trainees to
   96  journeyworkers journeymen on state, county, and municipal
   97  contracts, shall be appropriately adapted and made applicable to
   98  a program of on-the-job training authorized under those
   99  provisions for persons other than apprentices.
  100         Section 6. Section 446.092, Florida Statutes, is amended to
  101  read:
  102         446.092 Criteria for apprenticeship occupations.—An
  103  apprenticeable occupation is a skilled trade which possesses all
  104  of the following characteristics:
  105         (1) It is customarily learned in a practical way through a
  106  structured, systematic program of on-the-job, supervised
  107  training.
  108         (2) It is clearly identified and commonly recognized
  109  throughout an the industry, and may be associated with a
  110  nationally recognized industry certification or recognized with
  111  a positive view towards changing technology.
  112         (3) It involves manual, mechanical, or technical skills and
  113  knowledge which, in accordance with the industry standard for
  114  the occupation, requires require a minimum of 2,000 hours of on
  115  the-job work and training, which hours are excluded from the
  116  time spent at related instruction.
  117         (4) It requires related instruction to supplement on-the
  118  job training. Such instruction may be given in a classroom,
  119  through occupational or industrial courses, or through
  120  correspondence courses of equivalent value, including electronic
  121  media or other forms of self-study instruction approved by the
  122  department.
  123         (5) It involves the development of skill sufficiently broad
  124  to be applicable in like occupations throughout an industry,
  125  rather than of restricted application to the products or
  126  services of any one company.
  127         (6) It does not fall into any of the following categories:
  128         (a) Selling, retailing, or similar occupations in the
  129  distributive field.
  130         (b) Managerial occupations.
  131         (c) Professional and scientific vocations for which
  132  entrance requirements customarily require an academic degree.
  134  ================= T I T L E  A M E N D M E N T ================
  135  And the title is amended as follows:
  136         Delete line 2
  137  and insert:
  138         An act relating to education;