Florida Senate - 2015                                     SB 948
       By Senator Gaetz
       1-00930A-15                                            2015948__
    1                        A bill to be entitled                      
    2         An act relating to career education and job training;
    3         amending s. 446.021, F.S.; revising terms; amending s.
    4         446.032, F.S.; conforming a provision to a change made
    5         by the act; amending s. 446.045, F.S.; clarifying
    6         State Apprenticeship Advisory Council membership;
    7         amending s. 446.081, F.S.; clarifying the limitations
    8         of certain provisions; amending s. 446.091, F.S.;
    9         conforming a provision to a change made by the act;
   10         amending s. 446.092, F.S.; revising characteristics of
   11         an apprenticeable occupation; amending s. 1011.62,
   12         F.S.; revising funding to include career and
   13         professional academies; amending s. 1004.92, F.S.;
   14         requiring the State Board of Education to adopt rules
   15         for administration; amending s. 1006.735, F.S.;
   16         establishing the Rapid Response Education and Training
   17         Program within the Complete Florida Plus Program;
   18         requiring the Complete Florida Plus Program to work
   19         with Enterprise Florida, Inc., to offer education and
   20         training programs to businesses’ employees; specifying
   21         the duties of the Rapid Response Education and
   22         Training Program; requiring reports to the
   23         Legislature; requiring the Division of Career and
   24         Adult Education within the Department of Education to
   25         conduct an analysis and assessment of the
   26         effectiveness of the education and training programs;
   27         providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Subsections (2), (4), and (9) of section
   32  446.021, Florida Statutes, are amended to read:
   33         446.021 Definitions of terms used in ss. 446.011-446.092.
   34  As used in ss. 446.011-446.092, the term:
   35         (2) “Apprentice” means a person at least 16 years of age
   36  who is engaged in learning a recognized skilled trade through
   37  actual work experience under the supervision of journeyworker
   38  journeymen craftsmen, which training should be combined with
   39  properly coordinated studies of related technical and
   40  supplementary subjects, and who has entered into a written
   41  agreement, which may be cited as an apprentice agreement, with a
   42  registered apprenticeship sponsor who may be either an employer,
   43  an association of employers, or a local joint apprenticeship
   44  committee.
   45         (4) “Journeyworker” “Journeyman” means a worker who has
   46  attained certain skills, abilities, and competencies and who is
   47  recognized within an industry as having mastered the skills and
   48  competencies required for the occupation. The term includes a
   49  mentor, technician, specialist, or other skilled worker who has
   50  documented sufficient skills and knowledge of an occupation,
   51  through formal apprenticeship or through practical, on-the-job
   52  experience or formal training a person working in an
   53  apprenticeable occupation who has successfully completed a
   54  registered apprenticeship program or who has worked the number
   55  of years required by established industry practices for the
   56  particular trade or occupation.
   57         (9) “Related instruction” means an organized and systematic
   58  form of instruction designed to provide the apprentice with
   59  knowledge of the theoretical and technical subjects related to a
   60  specific trade or occupation. Such instruction may be given in a
   61  classroom, through occupational or industrial courses, or by
   62  correspondence courses of equivalent value, including electronic
   63  media or other forms of self-study instruction approved by the
   64  department.
   65         Section 2. Subsection (1) of section 446.032, Florida
   66  Statutes, is amended to read:
   67         446.032 General duties of the department for apprenticeship
   68  training.—The department shall:
   69         (1) Establish uniform minimum standards and policies
   70  governing apprentice programs and agreements. The standards and
   71  policies shall govern the terms and conditions of the
   72  apprentice’s employment and training, including the quality
   73  training of the apprentice for, but not limited to, such matters
   74  as ratios of apprentices to journeyworkers journeymen, safety,
   75  related instruction, and on-the-job training; but these
   76  standards and policies may not include rules, standards, or
   77  guidelines that require the use of apprentices and job trainees
   78  on state, county, or municipal contracts. The department may
   79  adopt rules necessary to administer the standards and policies.
   80         Section 3. Paragraph (b) of subsection (2) of section
   81  446.045, Florida Statutes, is amended to read:
   82         446.045 State Apprenticeship Advisory Council.—
   83         (2)
   84         (b) The Commissioner of Education or the commissioner’s
   85  designee shall serve ex officio as chair of the State
   86  Apprenticeship Advisory Council, but may not vote. The state
   87  director of the Office of Apprenticeship of the United States
   88  Department of Labor shall serve ex officio as a nonvoting member
   89  of the council. The Governor shall appoint to the council four
   90  members representing employee organizations and four members
   91  representing employer organizations. Each of these eight members
   92  shall represent industries that have registered apprenticeship
   93  programs. The Governor shall also appoint two public members who
   94  are knowledgeable about registered apprenticeship and
   95  apprenticeable occupations, who are independent of any joint or
   96  nonjoint organization one of whom shall be recommended by joint
   97  organizations, and one of whom shall be recommended by nonjoint
   98  organizations. Members shall be appointed for 4-year staggered
   99  terms. A vacancy shall be filled for the remainder of the
  100  unexpired term.
  101         Section 4. Subsection (4) is added to section 446.081,
  102  Florida Statutes, to read:
  103         446.081 Limitation.—
  104         (4) Nothing in ss. 446.011-446.092 or the implementing
  105  rules in these sections shall operate to invalidate any special
  106  provision for veterans, minority persons, or women in the
  107  standards, qualifications, or operation of the apprenticeship
  108  program or in the apprenticeship agreement which is not
  109  otherwise prohibited by law, executive order, or authorized
  110  regulation.
  111         Section 5. Section 446.091, Florida Statutes, is amended to
  112  read:
  113         446.091 On-the-job training program.—All provisions of ss.
  114  446.011-446.092 relating to apprenticeship and
  115  preapprenticeship, including, but not limited to, programs,
  116  agreements, standards, administration, procedures, definitions,
  117  expenditures, local committees, powers and duties, limitations,
  118  grievances, and ratios of apprentices and job trainees to
  119  journeyworkers journeymen on state, county, and municipal
  120  contracts, shall be appropriately adapted and made applicable to
  121  a program of on-the-job training authorized under those
  122  provisions for persons other than apprentices.
  123         Section 6. Section 446.092, Florida Statutes, is amended to
  124  read:
  125         446.092 Criteria for apprenticeship occupations.—An
  126  apprenticeable occupation is a skilled trade which possesses all
  127  of the following characteristics:
  128         (1) It is customarily learned in a practical way through a
  129  structured, systematic program of on-the-job, supervised
  130  training.
  131         (2) It is clearly identified and commonly recognized
  132  throughout an the industry or recognized with a positive view
  133  towards changing technology.
  134         (3) It involves manual, mechanical, or technical skills and
  135  knowledge which in accordance with the industry standard for the
  136  occupation, requires require a minimum of 2,000 hours of on-the
  137  job work and training, which hours are excluded from the time
  138  spent at related instruction.
  139         (4) It requires related instruction to supplement on-the
  140  job training. Such instruction may be given in a classroom,
  141  through occupational or industrial courses, or through
  142  correspondence courses of equivalent value, including electronic
  143  media or other forms of self-study instruction approved by the
  144  department.
  145         (5) It involves the development of skill sufficiently broad
  146  to be applicable in like occupations throughout an industry,
  147  rather than of restricted application to the products or
  148  services of any one company.
  149         (6) It does not fall into any of the following categories:
  150         (a) Selling, retailing, or similar occupations in the
  151  distributive field.
  152         (b) Managerial occupations.
  153         (c) Professional and scientific vocations for which
  154  entrance requirements customarily require an academic degree.
  155         Section 7. Paragraph (o) of subsection (1) of section
  156  1011.62, Florida Statutes, is amended to read:
  157         1011.62 Funds for operation of schools.—If the annual
  158  allocation from the Florida Education Finance Program to each
  159  district for operation of schools is not determined in the
  160  annual appropriations act or the substantive bill implementing
  161  the annual appropriations act, it shall be determined as
  162  follows:
  164  OPERATION.—The following procedure shall be followed in
  165  determining the annual allocation to each district for
  166  operation:
  167         (o) Calculation of additional full-time equivalent
  168  membership based on successful completion of a career-themed
  169  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
  170  courses with embedded CAPE industry certifications or CAPE
  171  Digital Tool certificates, and issuance of industry
  172  certification identified on the CAPE Industry Certification
  173  Funding List pursuant to rules adopted by the State Board of
  174  Education or CAPE Digital Tool certificates pursuant to s.
  175  1003.4203.—
  176         1.a. A value of 0.025 full-time equivalent student
  177  membership shall be calculated for CAPE Digital Tool
  178  certificates earned by students in elementary and middle school
  179  grades.
  180         b. A value of 0.1 or 0.2 full-time equivalent student
  181  membership shall be calculated for each student who completes a
  182  course as defined in s. 1003.493(1)(b) or is enrolled in a
  183  career and professional academy as defined in s. 1003.493(1)(a)
  184  or completes all performance expectations of a CAPE Innovation
  185  Course as defined in s. 1003.4203(5)(a) courses with embedded
  186  CAPE industry certifications and who is issued a CAPE Industry
  187  an industry Certification identified annually on the CAPE
  188  Industry Certification Funding List approved under rules adopted
  189  by the State Board of Education. A value of 0.2 full-time
  190  equivalent membership shall be calculated for each student who
  191  is issued a CAPE industry certification that has a statewide
  192  articulation agreement for college credit approved by the State
  193  Board of Education. For CAPE industry certifications that do not
  194  articulate for college credit, the Department of Education shall
  195  assign a full-time equivalent value of 0.1 for each
  196  certification. Middle grades students who earn additional FTE
  197  membership for a CAPE Digital Tool certificate pursuant to sub
  198  subparagraph a. may not use the previously funded examination to
  199  satisfy the requirements for earning an industry certification
  200  under this sub-subparagraph. Additional FTE membership for an
  201  elementary or middle grades student shall not exceed 0.1 for
  202  certificates or certifications earned within the same fiscal
  203  year. The State Board of Education shall include the assigned
  204  values on the CAPE Industry Certification Funding List under
  205  rules adopted by the state board. Such value shall be added to
  206  the total full-time equivalent student membership for grades 6
  207  through 12 in the subsequent year for courses that were not
  208  provided through dual enrollment. CAPE industry certifications
  209  earned through dual enrollment must be reported and funded
  210  pursuant to s. 1011.80.
  211         c. A value of 0.3 full-time equivalent student membership
  212  shall be calculated for student completion of the courses and
  213  the embedded certifications identified on the CAPE Industry
  214  Certification Funding List and approved by the commissioner
  215  pursuant to ss. 1003.4203(5)(a) and 1008.44.
  216         d. A value of 0.5 full-time equivalent student membership
  217  shall be calculated for each student who completes a career
  218  themed course as defined in s. 1003.493(1)(b) or is enrolled in
  219  a career and professional academy and who is issued a CAPE
  220  Acceleration Industry Certification Certifications that
  221  articulates articulate for 15 to 29 college credit hours, and
  222  1.0 full-time equivalent student membership shall be calculated
  223  for each student who completes a career-themed course as defined
  224  in s. 1003.493(1)(b) or is enrolled in a career and professional
  225  academy and who is issued a CAPE Acceleration Industry
  226  Certification Certifications that articulates articulate for 30
  227  or more college credit hours pursuant to CAPE Acceleration
  228  Industry Certifications approved by the commissioner pursuant to
  229  ss. 1003.4203(5)(b) and 1008.44.
  230         2. Each district must allocate at least 80 percent of the
  231  funds provided for CAPE industry certification, in accordance
  232  with this paragraph, to the program that generated the funds.
  233  This allocation may not be used to supplant funds provided for
  234  basic operation of the program.
  235         3. For CAPE industry certifications earned in the 2013-2014
  236  school year and in subsequent years, the school district shall
  237  distribute to each classroom teacher who provided direct
  238  instruction toward the attainment of a CAPE industry
  239  certification that qualified for additional full-time equivalent
  240  membership under subparagraph 1.:
  241         a. A bonus in the amount of $25 for each student taught by
  242  a teacher who provided instruction in a course that led to the
  243  attainment of a CAPE industry certification on the CAPE Industry
  244  Certification Funding List with a weight of 0.1.
  245         b. A bonus in the amount of $50 for each student taught by
  246  a teacher who provided instruction in a course that led to the
  247  attainment of a CAPE industry certification on the CAPE Industry
  248  Certification Funding List with a weight of 0.2, 0.3, 0.5, and
  249  1.0.
  251  Bonuses awarded pursuant to this paragraph shall be provided to
  252  teachers who are employed by the district in the year in which
  253  the additional FTE membership calculation is included in the
  254  calculation. Bonuses shall be calculated based upon the
  255  associated weight of a CAPE industry certification on the CAPE
  256  Industry Certification Funding List for the year in which the
  257  certification is earned by the student. Any bonus awarded to a
  258  teacher under this paragraph may not exceed $2,000 in any given
  259  school year and is in addition to any regular wage or other
  260  bonus the teacher received or is scheduled to receive.
  261         Section 8. Paragraph (b) of subsection (2) of section
  262  1004.92, Florida Statutes, is amended to read:
  263         1004.92 Purpose and responsibilities for career education.—
  264         (2)
  265         (b) Department of Education accountability for career
  266  education includes, but is not limited to:
  267         1. The provision of timely, accurate technical assistance
  268  to school districts and Florida College System institutions.
  269         2. The provision of timely, accurate information to the
  270  State Board of Education, the Legislature, and the public.
  271         3. The development of policies, rules, and procedures that
  272  facilitate institutional attainment of the accountability
  273  standards and coordinate the efforts of all divisions within the
  274  department.
  275         4. The development of program standards and industry-driven
  276  benchmarks for career, adult, and community education programs,
  277  which must be updated every 3 years. The standards must include
  278  career, academic, and workplace skills; viability of distance
  279  learning for instruction; and work/learn cycles that are
  280  responsive to business and industry; and reflect the quality
  281  components of a career and technical education program. The
  282  State Board of Education shall adopt rules to administer this
  283  section.
  284         5. Overseeing school district and Florida College System
  285  institution compliance with the provisions of this chapter.
  286         6. Ensuring that the educational outcomes for the technical
  287  component of career programs are uniform and designed to provide
  288  a graduate who is capable of entering the workforce on an
  289  equally competitive basis regardless of the institution of
  290  choice.
  291         Section 9. Present subsections (5) and (6) of section
  292  1006.735, Florida Statutes, are redesignated as subsections (6)
  293  and (7), respectively, and a new subsection (5) is added to that
  294  section, to read:
  295         1006.735 Complete Florida Plus Program.—The Complete
  296  Florida Plus Program is created at the University of West
  297  Florida.
  299  Rapid Response Education and Training Program is established
  300  within the Complete Florida Plus Program. Under the Rapid
  301  Response Education and Training Program, the Complete Florida
  302  Plus Program shall work directly with Enterprise Florida, Inc.,
  303  in project-specific industry recruitment and retention efforts
  304  to offer education and training programs to businesses’
  305  employees.
  306         (a) The Rapid Response Education and Training Program must:
  307         1. Issue challenge grants through requests for proposals
  308  that are open to all education and training providers, public or
  309  private. These grants match state funding with education and
  310  training provider funds to implement particular education and
  311  training programs.
  312         2. Generate periodic reports from an independent forensic
  313  accounting or auditing entity to ensure transparency of the
  314  program. These periodic reports must be submitted to the
  315  President of the Senate and the Speaker of the House of
  316  Representatives.
  317         3. Keep administrative costs to a minimum through the use
  318  of existing organizational structures.
  319         4. Work directly with businesses to recruit individuals for
  320  education and training.
  321         5. Be able to terminate an education and training program
  322  by giving 30 days’ notice.
  323         6. Survey employers after completion of an education and
  324  training program to ascertain the effectiveness of the program.
  325         (b) The Division of Career and Adult Education within the
  326  Department of Education shall conduct an analysis and assessment
  327  of the effectiveness of the education and training programs
  328  under this section in meeting labor market and occupational
  329  trends and gaps.
  330         Section 10. This act shall take effect July 1, 2015.