Florida Senate - 2016 SB 7040
By the Committee on Commerce and Tourism
577-02014-16 20167040__
1 A bill to be entitled
2 An act relating to the federal Workforce Innovation
3 and Opportunity Act; amending ss. 20.60, 212.08,
4 220.183, 250.10, 288.047, 290.0056, 322.34, 341.052,
5 414.045, 414.065, 414.085, 414.095, 414.105, 414.106,
6 414.295, 420.623, 420.624, 427.013, 427.0155,
7 427.0157, 443.091, and 443.1116, F.S.; conforming
8 provisions to changes made by the act; amending s.
9 445.003, F.S.; providing implementation of the federal
10 Workforce Innovation and Opportunity Act through a 4
11 year plan; revising the requirements of the plan;
12 deleting a provision authorizing an optional federal
13 partner to fulfill certain state planning and
14 reporting requirements; deleting a provision requiring
15 all optional federal program partners to participate
16 in the second year of the plan; providing for program
17 administration; deleting certain eligibility
18 requirements for businesses; deleting the authority of
19 CareerSource Florida, Inc., to negotiate and settle
20 certain issues with the United States Department of
21 Labor; requiring CareerSource Florida, Inc., to enter
22 into a memorandum with the Florida Department of
23 Education to ensure compliance with the state plan for
24 workforce development; conforming provisions to
25 changes made by the act; amending s. 445.004, F.S.;
26 specifying membership requirements for the
27 CareerSource Florida, Inc., board of directors;
28 revising the entities required to collaborate with
29 CareerSource Florida, Inc., to establish certain
30 performance accountability measures; revising
31 requirements for the performance accountability
32 measures; deleting references to outcome tiers for
33 such measures; deleting a provision requiring certain
34 job placement reporting; conforming provisions to
35 changes made by the act; amending s. 445.006, F.S.;
36 providing for the development of a state plan to
37 include strategic and operational elements; deleting a
38 requirement that the strategic plan be updated or
39 modified each year; revising requirements for the
40 strategic and operational plans; conforming provisions
41 to changes made by the act; amending s. 445.007, F.S.;
42 revising local workforce development board membership
43 requirements; requiring CareerSource Florida, Inc., to
44 establish regional planning areas subject to certain
45 requirements by a certain date; requiring local
46 workforce development boards and selected officials to
47 prepare a regional workforce development plan;
48 conforming provisions to changes made by the act;
49 amending s. 445.0071, F.S.; conforming provisions to
50 changes made by the act; amending s. 445.009, F.S.;
51 requiring the local workforce development board to
52 enter into a memorandum of understanding with each
53 mandatory or optional partner detailing certain
54 contributions; providing that costs will be allocated
55 pursuant to a policy established by the Governor under
56 certain circumstances; specifying the systems that may
57 be accessed with the one-stop delivery system;
58 conforming provisions to changes made by the act;
59 amending ss. 445.014, 445.017, 445.021, 445.022,
60 445.024, 445.025, 445.026, 445.030, 445.031, 445.048,
61 445.051, 985.622, 1002.83, 1003.491, 1003.492,
62 1003.493, 1003.4935, 1003.52, 1004.93, 1006.261, and
63 1009.25, F.S.; conforming provisions to changes made
64 by this act; providing an effective date.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Paragraph (c) of subsection (5) of section
69 20.60, Florida Statutes, is amended to read:
70 20.60 Department of Economic Opportunity; creation; powers
71 and duties.—
72 (5) The divisions within the department have specific
73 responsibilities to achieve the duties, responsibilities, and
74 goals of the department. Specifically:
75 (c) The Division of Workforce Services shall:
76 1. Prepare and submit a unified budget request for
77 workforce development in accordance with chapter 216 for, and in
78 conjunction with, CareerSource Florida, Inc., and its board.
79 2. Ensure that the state appropriately administers federal
80 and state workforce funding by administering plans and policies
81 of CareerSource Florida, Inc., under contract with CareerSource
82 Florida, Inc. The operating budget and midyear amendments
83 thereto must be part of such contract.
84 a. All program and fiscal instructions to local regional
85 workforce development boards shall emanate from the Department
86 of Economic Opportunity pursuant to plans and policies of
87 CareerSource Florida, Inc., which shall be responsible for all
88 policy directions to the local regional workforce development
89 boards.
90 b. Unless otherwise provided by agreement with CareerSource
91 Florida, Inc., administrative and personnel policies of the
92 Department of Economic Opportunity apply.
93 3. Implement the state’s reemployment assistance program.
94 The Department of Economic Opportunity shall ensure that the
95 state appropriately administers the reemployment assistance
96 program pursuant to state and federal law.
97 4. Assist in developing the 5-year statewide strategic plan
98 required by this section.
99 Section 2. Paragraph (p) of subsection (5) of section
100 212.08, Florida Statutes, is amended to read:
101 212.08 Sales, rental, use, consumption, distribution, and
102 storage tax; specified exemptions.—The sale at retail, the
103 rental, the use, the consumption, the distribution, and the
104 storage to be used or consumed in this state of the following
105 are hereby specifically exempt from the tax imposed by this
106 chapter.
107 (5) EXEMPTIONS; ACCOUNT OF USE.—
108 (p) Community contribution tax credit for donations.—
109 1. Authorization.—Persons who are registered with the
110 department under s. 212.18 to collect or remit sales or use tax
111 and who make donations to eligible sponsors are eligible for tax
112 credits against their state sales and use tax liabilities as
113 provided in this paragraph:
114 a. The credit shall be computed as 50 percent of the
115 person’s approved annual community contribution.
116 b. The credit shall be granted as a refund against state
117 sales and use taxes reported on returns and remitted in the 12
118 months preceding the date of application to the department for
119 the credit as required in sub-subparagraph 3.c. If the annual
120 credit is not fully used through such refund because of
121 insufficient tax payments during the applicable 12-month period,
122 the unused amount may be included in an application for a refund
123 made pursuant to sub-subparagraph 3.c. in subsequent years
124 against the total tax payments made for such year. Carryover
125 credits may be applied for a 3-year period without regard to any
126 time limitation that would otherwise apply under s. 215.26.
127 c. A person may not receive more than $200,000 in annual
128 tax credits for all approved community contributions made in any
129 one year.
130 d. All proposals for the granting of the tax credit require
131 the prior approval of the Department of Economic Opportunity.
132 e. The total amount of tax credits which may be granted for
133 all programs approved under this paragraph, s. 220.183, and s.
134 624.5105 is $18.4 million in the 2015-2016 fiscal year, $21.4
135 million in the 2016-2017 fiscal year, and $21.4 million in the
136 2017-2018 fiscal year for projects that provide housing
137 opportunities for persons with special needs or homeownership
138 opportunities for low-income households or very-low-income
139 households and $3.5 million annually for all other projects. As
140 used in this paragraph, the term “person with special needs” has
141 the same meaning as in s. 420.0004 and the terms “low-income
142 person,” “low-income household,” “very-low-income person,” and
143 “very-low-income household” have the same meanings as in s.
144 420.9071.
145 f. A person who is eligible to receive the credit provided
146 in this paragraph, s. 220.183, or s. 624.5105 may receive the
147 credit only under one section of the person’s choice.
148 2. Eligibility requirements.—
149 a. A community contribution by a person must be in the
150 following form:
151 (I) Cash or other liquid assets;
152 (II) Real property;
153 (III) Goods or inventory; or
154 (IV) Other physical resources identified by the Department
155 of Economic Opportunity.
156 b. All community contributions must be reserved exclusively
157 for use in a project. As used in this sub-subparagraph, the term
158 “project” means activity undertaken by an eligible sponsor which
159 is designed to construct, improve, or substantially rehabilitate
160 housing that is affordable to low-income households or very-low
161 income households; designed to provide housing opportunities for
162 persons with special needs; designed to provide commercial,
163 industrial, or public resources and facilities; or designed to
164 improve entrepreneurial and job-development opportunities for
165 low-income persons. A project may be the investment necessary to
166 increase access to high-speed broadband capability in a rural
167 community that had an enterprise zone designated pursuant to
168 chapter 290 as of May 1, 2015, including projects that result in
169 improvements to communications assets that are owned by a
170 business. A project may include the provision of museum
171 educational programs and materials that are directly related to
172 a project approved between January 1, 1996, and December 31,
173 1999, and located in an area which was in an enterprise zone
174 designated pursuant to s. 290.0065 as of May 1, 2015. This
175 paragraph does not preclude projects that propose to construct
176 or rehabilitate housing for low-income households or very-low
177 income households on scattered sites or housing opportunities
178 for persons with special needs. With respect to housing,
179 contributions may be used to pay the following eligible special
180 needs, low-income, and very-low-income housing-related
181 activities:
182 (I) Project development impact and management fees for
183 special needs, low-income, or very-low-income housing projects;
184 (II) Down payment and closing costs for persons with
185 special needs, low-income persons, and very-low-income persons;
186 (III) Administrative costs, including housing counseling
187 and marketing fees, not to exceed 10 percent of the community
188 contribution, directly related to special needs, low-income, or
189 very-low-income projects; and
190 (IV) Removal of liens recorded against residential property
191 by municipal, county, or special district local governments if
192 satisfaction of the lien is a necessary precedent to the
193 transfer of the property to a low-income person or very-low
194 income person for the purpose of promoting home ownership.
195 Contributions for lien removal must be received from a
196 nonrelated third party.
197 c. The project must be undertaken by an “eligible sponsor,”
198 which includes:
199 (I) A community action program;
200 (II) A nonprofit community-based development organization
201 whose mission is the provision of housing for persons with
202 specials needs, low-income households, or very-low-income
203 households or increasing entrepreneurial and job-development
204 opportunities for low-income persons;
205 (III) A neighborhood housing services corporation;
206 (IV) A local housing authority created under chapter 421;
207 (V) A community redevelopment agency created under s.
208 163.356;
209 (VI) A historic preservation district agency or
210 organization;
211 (VII) A local regional workforce development board;
212 (VIII) A direct-support organization as provided in s.
213 1009.983;
214 (IX) An enterprise zone development agency created under s.
215 290.0056;
216 (X) A community-based organization incorporated under
217 chapter 617 which is recognized as educational, charitable, or
218 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
219 and whose bylaws and articles of incorporation include
220 affordable housing, economic development, or community
221 development as the primary mission of the corporation;
222 (XI) Units of local government;
223 (XII) Units of state government; or
224 (XIII) Any other agency that the Department of Economic
225 Opportunity designates by rule.
226
227 A contributing person may not have a financial interest in the
228 eligible sponsor.
229 d. The project must be located in an area which was in an
230 enterprise zone designated pursuant to chapter 290 as of May 1,
231 2015, or a Front Porch Florida Community, unless the project
232 increases access to high-speed broadband capability in a rural
233 community that had an enterprise zone designated pursuant to
234 chapter 290 as of May 1, 2015, but is physically located outside
235 the designated rural zone boundaries. Any project designed to
236 construct or rehabilitate housing for low-income households or
237 very-low-income households or housing opportunities for persons
238 with special needs is exempt from the area requirement of this
239 sub-subparagraph.
240 e.(I) If, during the first 10 business days of the state
241 fiscal year, eligible tax credit applications for projects that
242 provide housing opportunities for persons with special needs or
243 homeownership opportunities for low-income households or very
244 low-income households are received for less than the annual tax
245 credits available for those projects, the Department of Economic
246 Opportunity shall grant tax credits for those applications and
247 grant remaining tax credits on a first-come, first-served basis
248 for subsequent eligible applications received before the end of
249 the state fiscal year. If, during the first 10 business days of
250 the state fiscal year, eligible tax credit applications for
251 projects that provide housing opportunities for persons with
252 special needs or homeownership opportunities for low-income
253 households or very-low-income households are received for more
254 than the annual tax credits available for those projects, the
255 Department of Economic Opportunity shall grant the tax credits
256 for those applications as follows:
257 (A) If tax credit applications submitted for approved
258 projects of an eligible sponsor do not exceed $200,000 in total,
259 the credits shall be granted in full if the tax credit
260 applications are approved.
261 (B) If tax credit applications submitted for approved
262 projects of an eligible sponsor exceed $200,000 in total, the
263 amount of tax credits granted pursuant to sub-sub-sub
264 subparagraph (A) shall be subtracted from the amount of
265 available tax credits, and the remaining credits shall be
266 granted to each approved tax credit application on a pro rata
267 basis.
268 (II) If, during the first 10 business days of the state
269 fiscal year, eligible tax credit applications for projects other
270 than those that provide housing opportunities for persons with
271 special needs or homeownership opportunities for low-income
272 households or very-low-income households are received for less
273 than the annual tax credits available for those projects, the
274 Department of Economic Opportunity shall grant tax credits for
275 those applications and shall grant remaining tax credits on a
276 first-come, first-served basis for subsequent eligible
277 applications received before the end of the state fiscal year.
278 If, during the first 10 business days of the state fiscal year,
279 eligible tax credit applications for projects other than those
280 that provide housing opportunities for persons with special
281 needs or homeownership opportunities for low-income households
282 or very-low-income households are received for more than the
283 annual tax credits available for those projects, the Department
284 of Economic Opportunity shall grant the tax credits for those
285 applications on a pro rata basis.
286 3. Application requirements.—
287 a. An eligible sponsor seeking to participate in this
288 program must submit a proposal to the Department of Economic
289 Opportunity which sets forth the name of the sponsor, a
290 description of the project, and the area in which the project is
291 located, together with such supporting information as is
292 prescribed by rule. The proposal must also contain a resolution
293 from the local governmental unit in which the project is located
294 certifying that the project is consistent with local plans and
295 regulations.
296 b. A person seeking to participate in this program must
297 submit an application for tax credit to the Department of
298 Economic Opportunity which sets forth the name of the sponsor, a
299 description of the project, and the type, value, and purpose of
300 the contribution. The sponsor shall verify, in writing, the
301 terms of the application and indicate its receipt of the
302 contribution, and such verification must accompany the
303 application for tax credit. The person must submit a separate
304 tax credit application to the Department of Economic Opportunity
305 for each individual contribution that it makes to each
306 individual project.
307 c. A person who has received notification from the
308 Department of Economic Opportunity that a tax credit has been
309 approved must apply to the department to receive the refund.
310 Application must be made on the form prescribed for claiming
311 refunds of sales and use taxes and be accompanied by a copy of
312 the notification. A person may submit only one application for
313 refund to the department within a 12-month period.
314 4. Administration.—
315 a. The Department of Economic Opportunity may adopt rules
316 necessary to administer this paragraph, including rules for the
317 approval or disapproval of proposals by a person.
318 b. The decision of the Department of Economic Opportunity
319 must be in writing, and, if approved, the notification shall
320 state the maximum credit allowable to the person. Upon approval,
321 the Department of Economic Opportunity shall transmit a copy of
322 the decision to the department.
323 c. The Department of Economic Opportunity shall
324 periodically monitor all projects in a manner consistent with
325 available resources to ensure that resources are used in
326 accordance with this paragraph; however, each project must be
327 reviewed at least once every 2 years.
328 d. The Department of Economic Opportunity shall, in
329 consultation with the statewide and regional housing and
330 financial intermediaries, market the availability of the
331 community contribution tax credit program to community-based
332 organizations.
333 5. Expiration.—This paragraph expires June 30, 2018;
334 however, any accrued credit carryover that is unused on that
335 date may be used until the expiration of the 3-year carryover
336 period for such credit.
337 Section 3. Paragraph (c) of subsection (2) of section
338 220.183, Florida Statutes, is amended to read:
339 220.183 Community contribution tax credit.—
340 (2) ELIGIBILITY REQUIREMENTS.—
341 (c) The project must be undertaken by an “eligible
342 sponsor,” defined here as:
343 1. A community action program;
344 2. A nonprofit community-based development organization
345 whose mission is the provision of housing for persons with
346 special needs or low-income or very-low-income households or
347 increasing entrepreneurial and job-development opportunities for
348 low-income persons;
349 3. A neighborhood housing services corporation;
350 4. A local housing authority, created pursuant to chapter
351 421;
352 5. A community redevelopment agency, created pursuant to s.
353 163.356;
354 6. A historic preservation district agency or organization;
355 7. A local regional workforce development board;
356 8. A direct-support organization as provided in s.
357 1009.983;
358 9. An enterprise zone development agency created pursuant
359 to s. 290.0056;
360 10. A community-based organization incorporated under
361 chapter 617 which is recognized as educational, charitable, or
362 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
363 and whose bylaws and articles of incorporation include
364 affordable housing, economic development, or community
365 development as the primary mission of the corporation;
366 11. Units of local government;
367 12. Units of state government; or
368 13. Such other agency as the Department of Economic
369 Opportunity may, from time to time, designate by rule.
370
371 In no event shall a contributing business firm have a financial
372 interest in the eligible sponsor.
373 Section 4. Paragraph (l) of subsection (2) of section
374 250.10, Florida Statutes, is amended to read:
375 250.10 Appointment and duties of the Adjutant General.—
376 (2) The Adjutant General shall:
377 (l) Subject to annual appropriations, administer youth
378 About Face programs and adult Forward March programs at sites to
379 be selected by the Adjutant General. Both programs must provide
380 schoolwork assistance, focusing on the skills needed to master
381 basic high school competencies and functional life skills,
382 including teaching students to work effectively in groups;
383 providing basic instruction in computer skills; teaching basic
384 problem-solving, decisionmaking, and reasoning skills; teaching
385 how the business world and free enterprise work through computer
386 simulations; and teaching home finance and budgeting and other
387 daily living skills.
388 1. About Face is a summer and year-round after-school life
389 preparation program for economically disadvantaged and at-risk
390 youths from 13 through 17 years of age. The program must provide
391 training in academic study skills, and the basic skills that
392 businesses require for employment consideration.
393 2. Forward March is a job-readiness program for
394 economically disadvantaged participants who are directed to
395 Forward March by the local regional workforce development
396 boards. The Forward March program shall provide training on
397 topics that directly relate to the skills required for real
398 world success. The program shall emphasize functional life
399 skills, computer literacy, interpersonal relationships,
400 critical-thinking skills, business skills, preemployment and
401 work maturity skills, job-search skills, exploring careers
402 activities, how to be a successful and effective employee, and
403 some job-specific skills. The program also shall provide
404 extensive opportunities for participants to practice generic job
405 skills in a supervised work setting. Upon completion of the
406 program, Forward March shall return participants to the local
407 regional workforce development boards for placement in a job
408 placement pool.
409 Section 5. Subsection (8) of section 288.047, Florida
410 Statutes, is amended to read:
411 288.047 Quick-response training for economic development.—
412 (8) The Quick-Response Training Program is created to
413 provide assistance to participants in the welfare transition
414 program. CareerSource Florida, Inc., may award quick-response
415 training grants and develop applicable guidelines for the
416 training of participants in the welfare transition program. In
417 addition to a local economic development organization, grants
418 must be endorsed by the applicable local regional workforce
419 development board.
420 (a) Training funded pursuant to this subsection may not
421 exceed 12 months, and may be provided by the local community
422 college, school district, local regional workforce development
423 board, or the business employing the participant, including on
424 the-job training. Training will provide entry-level skills to
425 new workers, including those employed in retail, who are
426 participants in the welfare transition program.
427 (b) Participants trained pursuant to this subsection must
428 be employed at a job paying at least $6 per hour.
429 (c) Funds made available pursuant to this subsection may be
430 expended in connection with the relocation of a business from
431 one community to another if approved by CareerSource Florida,
432 Inc.
433 Section 6. Subsection (2) of section 290.0056, Florida
434 Statutes, is amended to read:
435 290.0056 Enterprise zone development agency.—
436 (2) When the governing body creates an enterprise zone
437 development agency, that body shall appoint a board of
438 commissioners of the agency, which shall consist of not fewer
439 than 8 or more than 13 commissioners. The governing body may
440 appoint at least one representative from each of the following:
441 the local chamber of commerce; local financial or insurance
442 entities; local businesses and, where possible, businesses
443 operating within the nominated area; the residents residing
444 within the nominated area; nonprofit community-based
445 organizations operating within the nominated area; the local
446 regional workforce development board; the local code enforcement
447 agency; and the local law enforcement agency. The terms of
448 office of the commissioners shall be for 4 years, except that,
449 in making the initial appointments, the governing body shall
450 appoint two members for terms of 3 years, two members for terms
451 of 2 years, and one member for a term of 1 year; the remaining
452 initial members shall serve for terms of 4 years. A vacancy
453 occurring during a term shall be filled for the unexpired term.
454 The importance of including individuals from the nominated area
455 shall be considered in making appointments. Further, the
456 importance of minority representation on the agency shall be
457 considered in making appointments so that the agency generally
458 reflects the gender and ethnic composition of the community as a
459 whole.
460 Section 7. Paragraph (c) of subsection (9) of section
461 322.34, Florida Statutes, is amended to read:
462 322.34 Driving while license suspended, revoked, canceled,
463 or disqualified.—
464 (9)
465 (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when
466 the seizing agency obtains a final judgment granting forfeiture
467 of the motor vehicle under this section, 30 percent of the net
468 proceeds from the sale of the motor vehicle shall be retained by
469 the seizing law enforcement agency and 70 percent shall be
470 deposited in the General Revenue Fund for use by local regional
471 workforce development boards in providing transportation
472 services for participants of the welfare transition program. In
473 a forfeiture proceeding under this section, the court may
474 consider the extent that the family of the owner has other
475 public or private means of transportation.
476 Section 8. Subsection (1) of section 341.052, Florida
477 Statutes, is amended to read:
478 341.052 Public transit block grant program; administration;
479 eligible projects; limitation.—
480 (1) There is created a public transit block grant program
481 which shall be administered by the department. Block grant funds
482 shall only be provided to “Section 9” providers and “Section 18”
483 providers designated by the United States Department of
484 Transportation and community transportation coordinators as
485 defined in chapter 427. Eligible providers must establish public
486 transportation development plans consistent, to the maximum
487 extent feasible, with approved local government comprehensive
488 plans of the units of local government in which the provider is
489 located. In developing public transportation development plans,
490 eligible providers must solicit comments from local regional
491 workforce development boards established under chapter 445. The
492 development plans must address how the public transit provider
493 will work with the appropriate local regional workforce
494 development board to provide services to participants in the
495 welfare transition program. Eligible providers must provide
496 information to the local regional workforce development board
497 serving the county in which the provider is located regarding
498 the availability of transportation services to assist program
499 participants.
500 Section 9. Subsection (2) of section 414.045, Florida
501 Statutes, is amended to read:
502 414.045 Cash assistance program.—Cash assistance families
503 include any families receiving cash assistance payments from the
504 state program for temporary assistance for needy families as
505 defined in federal law, whether such funds are from federal
506 funds, state funds, or commingled federal and state funds. Cash
507 assistance families may also include families receiving cash
508 assistance through a program defined as a separate state
509 program.
510 (2) Oversight by the board of directors of CareerSource
511 Florida, Inc., and the service delivery and financial planning
512 responsibilities of the local regional workforce development
513 boards apply to the families defined as work-eligible cases in
514 paragraph (1)(a). The department shall be responsible for
515 program administration related to families in groups defined in
516 paragraph (1)(b), and the department shall coordinate such
517 administration with the board of directors of CareerSource
518 Florida, Inc., to the extent needed for operation of the
519 program.
520 Section 10. Paragraphs (a), (d), and (e) of subsection (4)
521 of section 414.065, Florida Statutes, are amended to read:
522 414.065 Noncompliance with work requirements.—
523 (4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.—Unless otherwise
524 provided, the situations listed in this subsection shall
525 constitute exceptions to the penalties for noncompliance with
526 participation requirements, except that these situations do not
527 constitute exceptions to the applicable time limit for receipt
528 of temporary cash assistance:
529 (a) Noncompliance related to child care.—Temporary cash
530 assistance may not be terminated for refusal to participate in
531 work activities if the individual is a single parent caring for
532 a child who has not attained 6 years of age, and the adult
533 proves to the local regional workforce development board an
534 inability to obtain needed child care for one or more of the
535 following reasons, as defined in the Child Care and Development
536 Fund State Plan required by 45 C.F.R. part 98:
537 1. Unavailability of appropriate child care within a
538 reasonable distance from the individual’s home or worksite.
539 2. Unavailability or unsuitability of informal child care
540 by a relative or under other arrangements.
541 3. Unavailability of appropriate and affordable formal
542 child care arrangements.
543 (d) Noncompliance related to medical incapacity.—If an
544 individual cannot participate in assigned work activities due to
545 a medical incapacity, the individual may be excepted from the
546 activity for a specific period, except that the individual shall
547 be required to comply with the course of treatment necessary for
548 the individual to resume participation. A participant may not be
549 excused from work activity requirements unless the participant’s
550 medical incapacity is verified by a physician licensed under
551 chapter 458 or chapter 459, in accordance with procedures
552 established by rule of the department. An individual for whom
553 there is medical verification of limitation to participate in
554 work activities shall be assigned to work activities consistent
555 with such limitations. Evaluation of an individual’s ability to
556 participate in work activities or development of a plan for work
557 activity assignment may include vocational assessment or work
558 evaluation. The department or a local regional workforce
559 development board may require an individual to cooperate in
560 medical or vocational assessment necessary to evaluate the
561 individual’s ability to participate in a work activity.
562 (e) Noncompliance related to outpatient mental health or
563 substance abuse treatment.—If an individual cannot participate
564 in the required hours of work activity due to a need to become
565 or remain involved in outpatient mental health or substance
566 abuse counseling or treatment, the individual may be exempted
567 from the work activity for up to 5 hours per week, not to exceed
568 100 hours per year. An individual may not be excused from a work
569 activity unless a mental health or substance abuse professional
570 recognized by the department or local regional workforce
571 development board certifies the treatment protocol and provides
572 verification of attendance at the counseling or treatment
573 sessions each week.
574 Section 11. Paragraph (d) of subsection (1) of section
575 414.085, Florida Statutes, is amended to read:
576 414.085 Income eligibility standards.—
577 (1) For purposes of program simplification and effective
578 program management, certain income definitions, as outlined in
579 the food assistance regulations at 7 C.F.R. s. 273.9, shall be
580 applied to the temporary cash assistance program as determined
581 by the department to be consistent with federal law regarding
582 temporary cash assistance and Medicaid for needy families,
583 except as to the following:
584 (d) An incentive payment to a participant authorized by a
585 local regional workforce development board may shall not be
586 considered income.
587 Section 12. Subsection (1) of section 414.095, Florida
588 Statutes, is amended to read:
589 414.095 Determining eligibility for temporary cash
590 assistance.—
591 (1) ELIGIBILITY.—An applicant must meet eligibility
592 requirements of this section before receiving services or
593 temporary cash assistance under this chapter, except that an
594 applicant shall be required to register for work and engage in
595 work activities in accordance with s. 445.024, as designated by
596 the local regional workforce development board, and may receive
597 support services or child care assistance in conjunction with
598 such requirement. The department shall make a determination of
599 eligibility based on the criteria listed in this chapter. The
600 department shall monitor continued eligibility for temporary
601 cash assistance through periodic reviews consistent with the
602 food assistance eligibility process. Benefits may shall not be
603 denied to an individual solely based on a felony drug
604 conviction, unless the conviction is for trafficking pursuant to
605 s. 893.135. To be eligible under this section, an individual
606 convicted of a drug felony must be satisfactorily meeting the
607 requirements of the temporary cash assistance program, including
608 all substance abuse treatment requirements. Within the limits
609 specified in this chapter, the state opts out of the provision
610 of Pub. L. No. 104-193, s. 115, that eliminates eligibility for
611 temporary cash assistance and food assistance for any individual
612 convicted of a controlled substance felony.
613 Section 13. Subsections (3) and (10) of section 414.105,
614 Florida Statutes, are amended to read:
615 414.105 Time limitations of temporary cash assistance.
616 Except as otherwise provided in this section, an applicant or
617 current participant shall receive temporary cash assistance for
618 no more than a lifetime cumulative total of 48 months, unless
619 otherwise provided by law.
620 (3) The department, in cooperation with CareerSource
621 Florida, Inc., shall establish a procedure for approving
622 hardship exemptions and for reviewing hardship cases at least
623 once every 2 years. Local Regional workforce development boards
624 may assist in making these determinations.
625 (10) A member of the staff of the local regional workforce
626 development board shall interview and assess the employment
627 prospects and barriers of each participant who is within 6
628 months of reaching the 48-month time limit. The staff member
629 shall assist the participant in identifying actions necessary to
630 become employed before prior to reaching the benefit time limit
631 for temporary cash assistance and, if appropriate, shall refer
632 the participant for services that could facilitate employment.
633 Section 14. Section 414.106, Florida Statutes, is amended
634 to read:
635 414.106 Exemption from public meetings law.—That portion of
636 a meeting held by the department, CareerSource Florida, Inc., or
637 a local regional workforce development board or local committee
638 created pursuant to s. 445.007 at which personal identifying
639 information contained in records relating to temporary cash
640 assistance is discussed is exempt from s. 286.011 and s. 24(b),
641 Art. I of the State Constitution if the information identifies a
642 participant, a participant’s family, or a participant’s family
643 or household member.
644 Section 15. Subsection (1) of section 414.295, Florida
645 Statutes, is amended to read:
646 414.295 Temporary cash assistance programs; public records
647 exemption.—
648 (1) Personal identifying information of a temporary cash
649 assistance program participant, a participant’s family, or a
650 participant’s family or household member, except for information
651 identifying a parent who does not live in the same home as the
652 child, which is held by the department, the Office of Early
653 Learning, CareerSource Florida, Inc., the Department of Health,
654 the Department of Revenue, the Department of Education, or a
655 local regional workforce development board or local committee
656 created pursuant to s. 445.007 is confidential and exempt from
657 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
658 Such confidential and exempt information may be released for
659 purposes directly connected with:
660 (a) The administration of the temporary assistance for
661 needy families plan under Title IV-A of the Social Security Act,
662 as amended, by the department, the Office of Early Learning,
663 CareerSource Florida, Inc., the Department of Military Affairs,
664 the Department of Health, the Department of Revenue, the
665 Department of Education, a local regional workforce development
666 board or local committee created pursuant to s. 445.007, or a
667 school district.
668 (b) The administration of the state’s plan or program
669 approved under Title IV-B, Title IV-D, or Title IV-E of the
670 Social Security Act, as amended, or under Title I, Title X,
671 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
672 Social Security Act, as amended.
673 (c) An investigation, prosecution, or criminal, civil, or
674 administrative proceeding conducted in connection with the
675 administration of any of the plans or programs specified in
676 paragraph (a) or paragraph (b) by a federal, state, or local
677 governmental entity, upon request by that entity, if such
678 request is made pursuant to the proper exercise of that entity’s
679 duties and responsibilities.
680 (d) The administration of any other state, federal, or
681 federally assisted program that provides assistance or services
682 on the basis of need, in cash or in kind, directly to a
683 participant.
684 (e) An audit or similar activity, such as a review of
685 expenditure reports or financial review, conducted in connection
686 with the administration of plans or programs specified in
687 paragraph (a) or paragraph (b) by a governmental entity
688 authorized by law to conduct such audit or activity.
689 (f) The administration of the reemployment assistance
690 program.
691 (g) The reporting to the appropriate agency or official of
692 information about known or suspected instances of physical or
693 mental injury, sexual abuse or exploitation, or negligent
694 treatment or maltreatment of a child or elderly person receiving
695 assistance, if circumstances indicate that the health or welfare
696 of the child or elderly person is threatened.
697 (h) The administration of services to elderly persons under
698 ss. 430.601-430.606.
699 Section 16. Paragraph (e) of subsection (1) of section
700 420.623, Florida Statutes, is amended to read:
701 420.623 Local coalitions for the homeless.—
702 (1) ESTABLISHMENT.—The department shall establish local
703 coalitions to plan, network, coordinate, and monitor the
704 delivery of services to the homeless. Appropriate local groups
705 and organizations involved in providing services for the
706 homeless and interested business groups and associations shall
707 be given an opportunity to participate in such coalitions,
708 including, but not limited to:
709 (e) Local Regional workforce development boards.
710 Section 17. Subsection (8) of section 420.624, Florida
711 Statutes, is amended to read:
712 420.624 Local homeless assistance continuum of care.—
713 (8) Continuum of care plans must promote participation by
714 all interested individuals and organizations and may not exclude
715 individuals and organizations on the basis of race, color,
716 national origin, sex, handicap, familial status, or religion.
717 Faith-based organizations must be encouraged to participate. To
718 the extent possible, these components should be coordinated and
719 integrated with other mainstream health, social services, and
720 employment programs for which homeless populations may be
721 eligible, including Medicaid, State Children’s Health Insurance
722 Program, Temporary Assistance for Needy Families, Food
723 Assistance Program, and services funded through the Mental
724 Health and Substance Abuse Block Grant, the Workforce Innovation
725 and Opportunity Investment Act, and the welfare-to-work grant
726 program.
727 Section 18. Subsection (27) of section 427.013, Florida
728 Statutes, is amended to read:
729 427.013 The Commission for the Transportation
730 Disadvantaged; purpose and responsibilities.—The purpose of the
731 commission is to accomplish the coordination of transportation
732 services provided to the transportation disadvantaged. The goal
733 of this coordination is to assure the cost-effective provision
734 of transportation by qualified community transportation
735 coordinators or transportation operators for the transportation
736 disadvantaged without any bias or presumption in favor of
737 multioperator systems or not-for-profit transportation operators
738 over single operator systems or for-profit transportation
739 operators. In carrying out this purpose, the commission shall:
740 (27) Ensure that local community transportation
741 coordinators work cooperatively with local regional workforce
742 development boards established in chapter 445 to provide
743 assistance in the development of innovative transportation
744 services for participants in the welfare transition program.
745 Section 19. Subsection (9) of section 427.0155, Florida
746 Statutes, is amended to read:
747 427.0155 Community transportation coordinators; powers and
748 duties.—Community transportation coordinators shall have the
749 following powers and duties:
750 (9) Work cooperatively with local regional workforce
751 development boards established in chapter 445 to provide
752 assistance in the development of innovative transportation
753 services for participants in the welfare transition program.
754 Section 20. Subsection (7) of section 427.0157, Florida
755 Statutes, is amended to read:
756 427.0157 Coordinating boards; powers and duties.—The
757 purpose of each coordinating board is to develop local service
758 needs and to provide information, advice, and direction to the
759 community transportation coordinators on the coordination of
760 services to be provided to the transportation disadvantaged. The
761 commission shall, by rule, establish the membership of
762 coordinating boards. The members of each board shall be
763 appointed by the metropolitan planning organization or
764 designated official planning agency. The appointing authority
765 shall provide each board with sufficient staff support and
766 resources to enable the board to fulfill its responsibilities
767 under this section. Each board shall meet at least quarterly and
768 shall:
769 (7) Work cooperatively with local regional workforce
770 development boards established in chapter 445 to provide
771 assistance in the development of innovative transportation
772 services for participants in the welfare transition program.
773 Section 21. Paragraphs (b) and (c) of subsection (1) of
774 section 443.091, Florida Statutes, are amended to read:
775 443.091 Benefit eligibility conditions.—
776 (1) An unemployed individual is eligible to receive
777 benefits for any week only if the Department of Economic
778 Opportunity finds that:
779 (b) She or he has completed the department’s online work
780 registration and subsequently reports to the one-stop career
781 center as directed by the local regional workforce development
782 board for reemployment services. This requirement does not apply
783 to persons who are:
784 1. Non-Florida residents;
785 2. On a temporary layoff;
786 3. Union members who customarily obtain employment through
787 a union hiring hall;
788 4. Claiming benefits under an approved short-time
789 compensation plan as provided in s. 443.1116; or
790 5. Unable to complete the online work registration due to
791 illiteracy, physical or mental impairment, a legal prohibition
792 from using a computer, or a language impediment. If a person is
793 exempted from the online work registration under this
794 subparagraph, then the filing of his or her claim constitutes
795 registration for work.
796 (c) To make continued claims for benefits, she or he is
797 reporting to the department in accordance with this paragraph
798 and department rules. Department rules may not conflict with s.
799 443.111(1)(b), which requires that each claimant continue to
800 report regardless of any pending appeal relating to her or his
801 eligibility or disqualification for benefits.
802 1. For each week of unemployment claimed, each report must,
803 at a minimum, include the name, address, and telephone number of
804 each prospective employer contacted, or the date the claimant
805 reported to a one-stop career center, pursuant to paragraph (d).
806 2. The department shall offer an online assessment aimed at
807 identifying an individual’s skills, abilities, and career
808 aptitude. The skills assessment must be voluntary, and the
809 department shall allow a claimant to choose whether to take the
810 skills assessment. The online assessment shall be made available
811 to any person seeking services from a local regional workforce
812 development board or a one-stop career center.
813 a. If the claimant chooses to take the online assessment,
814 the outcome of the assessment shall be made available to the
815 claimant, local regional workforce development board, and one
816 stop career center. The department, local workforce development
817 board, or one-stop career center shall use the assessment to
818 develop a plan for referring individuals to training and
819 employment opportunities. Aggregate data on assessment outcomes
820 may be made available to CareerSource Florida, Inc., and
821 Enterprise Florida, Inc., for use in the development of policies
822 related to education and training programs that will ensure that
823 businesses in this state have access to a skilled and competent
824 workforce.
825 b. Individuals shall be informed of and offered services
826 through the one-stop delivery system, including career
827 counseling, the provision of skill match and job market
828 information, and skills upgrade and other training
829 opportunities, and shall be encouraged to participate in such
830 services at no cost to the individuals. The department shall
831 coordinate with CareerSource Florida, Inc., the local workforce
832 development boards, and the one-stop career centers to identify,
833 develop, and use best practices for improving the skills of
834 individuals who choose to participate in skills upgrade and
835 other training opportunities. The department may contract with
836 an entity to create the online assessment in accordance with the
837 competitive bidding requirements in s. 287.057. The online
838 assessment must work seamlessly with the Reemployment Assistance
839 Claims and Benefits Information System.
840 Section 22. Paragraph (c) of subsection (5) of section
841 443.1116, Florida Statutes, is amended to read:
842 443.1116 Short-time compensation.—
843 (5) ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION
844 BENEFITS.—
845 (c) The department may not deny short-time compensation
846 benefits to an individual who is otherwise eligible for these
847 benefits for any week because such individual is participating
848 in an employer-sponsored training or a training under the
849 Workforce Innovation and Opportunity Investment Act to improve
850 job skills when the training is approved by the department.
851 Section 23. Section 445.003, Florida Statutes, is amended
852 to read:
853 445.003 Implementation of the federal Workforce Innovation
854 and Opportunity Investment Act of 1998.—
855 (1) WORKFORCE INNOVATION AND OPPORTUNITY INVESTMENT ACT
856 PRINCIPLES.—The state’s approach to implementing the federal
857 Workforce Innovation and Opportunity Investment Act of 1998,
858 Pub. L. No. 113-128 105-220, should have six elements:
859 (a) Streamlining services.—Florida’s employment and
860 training programs must be coordinated and consolidated at
861 locally managed one-stop delivery system centers.
862 (b) Empowering individuals.—Eligible participants will make
863 informed decisions, choosing the qualified training program that
864 best meets their needs.
865 (c) Universal access.—Through a one-stop delivery system,
866 every Floridian will have access to employment services.
867 (d) Increased accountability.—The state, localities, and
868 training providers will be held accountable for their
869 performance.
870 (e) Local board and private sector leadership.—Local
871 workforce development boards will focus on strategic planning,
872 policy development, and oversight of the local system, choosing
873 local managers to direct the operational details of their one
874 stop delivery system centers.
875 (f) Local flexibility and integration.—Localities will have
876 exceptional flexibility to build on existing reforms. Unified
877 planning will free local groups from conflicting
878 micromanagement, while waivers and WorkFlex will allow local
879 innovations.
880 (2) FOUR-YEAR FIVE-YEAR PLAN.—CareerSource Florida, Inc.,
881 shall prepare and submit a 4-year 5-year plan, consistent with
882 the requirements of the Workforce Innovation and Opportunity Act
883 which must include secondary career education, to fulfill the
884 early implementation requirements of Pub. L. No. 105-220 and
885 applicable state statutes. Mandatory and optional federal
886 partners shall be fully involved in designing the plan’s one
887 stop delivery system strategy. The plan must shall clearly
888 define each program’s statewide duties and role relating to the
889 system. Any optional federal partner may immediately choose to
890 fully integrate its program’s plan with this plan, which shall,
891 notwithstanding any other state provisions, fulfill all their
892 state planning and reporting requirements as they relate to the
893 one-stop delivery system. The plan must detail a process that
894 would fully integrate all federally mandated and optional
895 partners by the second year of the plan. All optional federal
896 program partners in the planning process shall be mandatory
897 participants in the second year of the plan.
898 (3) FUNDING.—
899 (a) Title I, Workforce Innovation and Opportunity
900 Investment Act of 1998 funds; Wagner-Peyser funds; and
901 NAFTA/Trade Act funds will be expended based on the 4-year 5
902 year plan of CareerSource Florida, Inc. The plan must shall
903 outline and direct the method used to administer and coordinate
904 various funds and programs that are operated by various
905 agencies. The following provisions apply to these funds:
906 1. At least 50 percent of the Title I funds for Adults and
907 Dislocated Workers which are passed through to local regional
908 workforce development boards shall be allocated to and expended
909 on Individual Training Accounts unless a local regional
910 workforce development board obtains a waiver from CareerSource
911 Florida, Inc. Tuition, books, and fees of training providers and
912 other training services prescribed and authorized by the
913 Workforce Innovation and Opportunity Investment Act of 1998
914 qualify as Individual Training Account expenditures.
915 2. Fifteen percent of Title I funding shall be retained at
916 the state level and dedicated to state administration and shall
917 be used to design, develop, induce, and fund innovative
918 Individual Training Account pilots, demonstrations, and
919 programs. Of such funds retained at the state level, $2 million
920 shall be reserved for the Incumbent Worker Training Program
921 created under subparagraph 3. Eligible state administration
922 costs include the costs of: funding for the board and staff of
923 CareerSource Florida, Inc.; operating fiscal, compliance, and
924 management accountability systems through CareerSource Florida,
925 Inc.; conducting evaluation and research on workforce
926 development activities; and providing technical and capacity
927 building assistance to local workforce development areas regions
928 at the direction of CareerSource Florida, Inc. Notwithstanding
929 s. 445.004, such administrative costs may not exceed 25 percent
930 of these funds. An amount not to exceed 75 percent of these
931 funds shall be allocated to Individual Training Accounts and
932 other workforce development strategies for other training
933 designed and tailored by CareerSource Florida, Inc., including,
934 but not limited to, programs for incumbent workers, displaced
935 homemakers, nontraditional employment, and enterprise zones.
936 CareerSource Florida, Inc., shall design, adopt, and fund
937 Individual Training Accounts for distressed urban and rural
938 communities.
939 3. The Incumbent Worker Training Program is created for the
940 purpose of providing grant funding for continuing education and
941 training of incumbent employees at existing Florida businesses.
942 The program will provide reimbursement grants to businesses that
943 pay for preapproved, direct, training-related costs.
944 a. The Incumbent Worker Training Program will be
945 administered by CareerSource Florida, Inc., which may, at its
946 discretion, contract with a private business organization to
947 serve as grant administrator.
948 b. The program shall be administered pursuant to section
949 134(d)(4) of the Workforce Innovation and Opportunity Act To be
950 eligible for the program’s grant funding, a business must have
951 been in operation in Florida for a minimum of 1 year prior to
952 the application for grant funding; have at least one full-time
953 employee; demonstrate financial viability; and be current on all
954 state tax obligations. Priority for funding shall be given to
955 businesses with 25 employees or fewer, businesses in rural
956 areas, businesses in distressed inner-city areas, businesses in
957 a qualified targeted industry, businesses whose grant proposals
958 represent a significant upgrade in employee skills, or
959 businesses whose grant proposals represent a significant layoff
960 avoidance strategy.
961 c. All costs reimbursed by the program must be preapproved
962 by CareerSource Florida, Inc., or the grant administrator. The
963 program may not reimburse businesses for trainee wages, the
964 purchase of capital equipment, or the purchase of any item or
965 service that may possibly be used outside the training project.
966 A business approved for a grant may be reimbursed for
967 preapproved, direct, training-related costs including tuition,
968 fees, books and training materials, and overhead or indirect
969 costs not to exceed 5 percent of the grant amount.
970 d. A business that is selected to receive grant funding
971 must provide a matching contribution to the training project,
972 including, but not limited to, wages paid to trainees or the
973 purchase of capital equipment used in the training project; must
974 sign an agreement with CareerSource Florida, Inc., or the grant
975 administrator to complete the training project as proposed in
976 the application; must keep accurate records of the project’s
977 implementation process; and must submit monthly or quarterly
978 reimbursement requests with required documentation.
979 e. All Incumbent Worker Training Program grant projects
980 shall be performance-based with specific measurable performance
981 outcomes, including completion of the training project and job
982 retention. CareerSource Florida, Inc., or the grant
983 administrator shall withhold the final payment to the grantee
984 until a final grant report is submitted and all performance
985 criteria specified in the grant contract have been achieved.
986 f. CareerSource Florida, Inc., may establish guidelines
987 necessary to implement the Incumbent Worker Training Program.
988 g. No more than 10 percent of the Incumbent Worker Training
989 Program’s total appropriation may be used for overhead or
990 indirect purposes.
991 4. At least 50 percent of Rapid Response funding shall be
992 dedicated to Intensive Services Accounts and Individual Training
993 Accounts for dislocated workers and incumbent workers who are at
994 risk of dislocation. CareerSource Florida, Inc., shall also
995 maintain an Emergency Preparedness Fund from Rapid Response
996 funds, which will immediately issue Intensive Service Accounts,
997 Individual Training Accounts, and other federally authorized
998 assistance to eligible victims of natural or other disasters. At
999 the direction of the Governor, these Rapid Response funds shall
1000 be released to local regional workforce development boards for
1001 immediate use after events that qualify under federal law.
1002 Funding shall also be dedicated to maintain a unit at the state
1003 level to respond to Rapid Response emergencies and to work with
1004 state emergency management officials and local regional
1005 workforce development boards. All Rapid Response funds must be
1006 expended based on a plan developed by CareerSource Florida,
1007 Inc., and approved by the Governor.
1008 (b) The administrative entity for Title I, Workforce
1009 Innovation and Opportunity Investment Act of 1998 funds, and
1010 Rapid Response activities is the Department of Economic
1011 Opportunity, which shall provide direction to local regional
1012 workforce development boards regarding Title I programs and
1013 Rapid Response activities pursuant to the direction of
1014 CareerSource Florida, Inc.
1015 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
1016 MODIFICATIONS.—
1017 (a) CareerSource Florida, Inc., may provide indemnification
1018 from audit liabilities to local regional workforce development
1019 boards that act in full compliance with state law and board
1020 policy.
1021 (b) CareerSource Florida, Inc., may negotiate and settle
1022 all outstanding issues with the United States Department of
1023 Labor relating to decisions made by CareerSource Florida, Inc.,
1024 any predecessor workforce organization, and the Legislature with
1025 regard to the Job Training Partnership Act, making settlements
1026 and closing out all JTPA program year grants.
1027 (b)(c) CareerSource Florida, Inc., may make modifications
1028 to the state’s plan, policies, and procedures to comply with
1029 federally mandated requirements that in its judgment must be
1030 complied with to maintain funding provided pursuant to Pub. L.
1031 No. 113-128 105-220. The board shall provide written notice to
1032 the Governor, the President of the Senate, and the Speaker of
1033 the House of Representatives within 30 days after any such
1034 changes or modifications.
1035 (c) CareerSource Florida, Inc., shall enter into a
1036 memorandum of understanding with the Florida Department of
1037 Education to ensure that federally mandated requirements of Pub.
1038 L. No. 113-128 are met and are in compliance with the state plan
1039 for workforce development.
1040 (5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.
1041 CareerSource Florida, Inc., may recommend workforce-related
1042 divisions, bureaus, units, programs, duties, commissions,
1043 boards, and councils for elimination, consolidation, or
1044 privatization.
1045 Section 24. Subsections (3), (4), (5), (9), (11), and (12)
1046 of section 445.004, Florida Statutes, are amended to read:
1047 445.004 CareerSource Florida, Inc.; creation; purpose;
1048 membership; duties and powers.—
1049 (3)(a) CareerSource Florida, Inc., shall be governed by a
1050 board of directors, whose membership and appointment must be
1051 consistent with Pub. L. No. 113-128, Title I, s. 101(b) 105-220,
1052 Title I, s. 111(b). Members described in Pub. L. No. 113-128,
1053 Title I, s. 101(b)(1)(C)(iii)(I)(aa) 105-220, Title I, s.
1054 111(b)(1)(C)(vi) shall be nonvoting members. The number of
1055 directors shall be determined by the Governor, who shall
1056 consider the importance of minority, gender, and geographic
1057 representation in making appointments to the board. When the
1058 Governor is in attendance, he or she shall preside at all
1059 meetings of the board of directors.
1060 (b) The board of directors of CareerSource Florida, Inc.,
1061 shall be chaired by a board member designated by the Governor
1062 pursuant to Pub. L. No. 113-128 105-220. A member may not serve
1063 more than two terms.
1064 (c) Members appointed by the Governor may serve no more
1065 than two terms and must be appointed for 3-year terms. However,
1066 in order to establish staggered terms for board members, the
1067 Governor shall appoint or reappoint one-third of the board
1068 members for 1-year terms, one-third of the board members for 2
1069 year terms, and one-third of the board members for 3-year terms
1070 beginning July 1, 2016 2005. Subsequent appointments or
1071 reappointments shall be for 3-year terms, except that a member
1072 appointed to fill a vacancy on the board shall be appointed to
1073 serve only the remainder of the term of the member whom he or
1074 she is replacing, and may be appointed for a subsequent 3-year
1075 term. Private sector representatives of businesses, appointed by
1076 the Governor pursuant to Pub. L. No. 113-128 105-220, shall
1077 constitute a majority of the membership of the board. Private
1078 sector representatives shall be appointed from nominations
1079 received by the Governor, including, but not limited to, those
1080 nominations made by the President of the Senate and the Speaker
1081 of the House of Representatives. Private sector appointments to
1082 the board must be representative of the business community of
1083 this state; no fewer than one-half of the appointments must be
1084 representative of small businesses, and at least five members
1085 must have economic development experience. Members appointed by
1086 the Governor serve at the pleasure of the Governor and are
1087 eligible for reappointment.
1088 (d) The board must include the vice chairperson of the
1089 board of directors of Enterprise Florida, Inc., and one member
1090 representing each of the Workforce Innovation and Opportunity
1091 Act partners, including the Division of Career and Adult
1092 Education, and other entities representing programs identified
1093 in the Workforce Innovation and Opportunity Act, as determined
1094 necessary.
1095 (e)(d) A member of the board of directors of CareerSource
1096 Florida, Inc., may be removed by the Governor for cause. Absence
1097 from three consecutive meetings results in automatic removal.
1098 The chair of CareerSource Florida, Inc., shall notify the
1099 Governor of such absences.
1100 (f)(e) Representatives of businesses appointed to the board
1101 of directors may not include providers of workforce services.
1102 (4)(a) The president of CareerSource Florida, Inc., shall
1103 be hired by the board of directors of CareerSource Florida,
1104 Inc., and shall serve at the pleasure of the Governor in the
1105 capacity of an executive director and secretary of CareerSource
1106 Florida, Inc.
1107 (b) The board of directors of CareerSource Florida, Inc.,
1108 shall meet at least quarterly and at other times upon the call
1109 of its chair. The board and its committees, subcommittees, or
1110 other subdivisions may use any method of telecommunications to
1111 conduct meetings, including establishing a quorum through
1112 telecommunications, if the public is given proper notice of the
1113 telecommunications meeting and is given reasonable access to
1114 observe and, if appropriate, participate.
1115 (c) A majority of the total current membership of the board
1116 of directors of CareerSource Florida, Inc., constitutes a
1117 quorum.
1118 (d) A majority of those voting is required to organize and
1119 conduct the business of the board, except that a majority of the
1120 entire board of directors is required to adopt or amend the
1121 bylaws.
1122 (e) Except as delegated or authorized by the board of
1123 directors of CareerSource Florida, Inc., individual members have
1124 no authority to control or direct the operations of CareerSource
1125 Florida, Inc., or the actions of its officers and employees,
1126 including the president.
1127 (f) Members of the board of directors of CareerSource
1128 Florida, Inc., and its committees serve without compensation,
1129 but these members, the president, and the employees of
1130 CareerSource Florida, Inc., may be reimbursed for all
1131 reasonable, necessary, and actual expenses pursuant to s.
1132 112.061.
1133 (g) The board of directors of CareerSource Florida, Inc.,
1134 may establish an executive committee consisting of the chair and
1135 at least six additional board members selected by the chair, one
1136 of whom must be a representative of organized labor. The
1137 executive committee and the president have such authority as the
1138 board delegates to them, except that the board of directors may
1139 not delegate to the executive committee authority to take action
1140 that requires approval by a majority of the entire board of
1141 directors.
1142 (h) The chair may appoint committees to fulfill the board’s
1143 responsibilities, to comply with federal requirements, or to
1144 obtain technical assistance, and must incorporate members of
1145 local regional workforce development boards into its structure.
1146 (i) Each member of the board of directors who is not
1147 otherwise required to file a financial disclosure pursuant to s.
1148 8, Art. II of the State Constitution or s. 112.3144 must file
1149 disclosure of financial interests pursuant to s. 112.3145.
1150 (5) CareerSource Florida, Inc., shall have all the powers
1151 and authority not explicitly prohibited by statute which are
1152 necessary or convenient to carry out and effectuate its purposes
1153 as determined by statute, Pub. L. No. 113-128 105-220, and the
1154 Governor, as well as its functions, duties, and
1155 responsibilities, including, but not limited to, the following:
1156 (a) Serving as the state’s Workforce Development Investment
1157 Board pursuant to Pub. L. No. 113-128 105-220. Unless otherwise
1158 required by federal law, at least 90 percent of workforce
1159 development funding must go toward direct customer service.
1160 (b) Providing oversight and policy direction to ensure that
1161 the following programs are administered by the department in
1162 compliance with approved plans and under contract with
1163 CareerSource Florida, Inc.:
1164 1. Programs authorized under Title I of the Workforce
1165 Investment Innovation and Opportunity Act of 1998, Pub. L. No.
1166 113-128 105-220, with the exception of programs funded directly
1167 by the United States Department of Labor under Title I, s. 167.
1168 2. Programs authorized under the Wagner-Peyser Act of 1933,
1169 as amended, 29 U.S.C. ss. 49 et seq.
1170 3. Activities authorized under Title II of the Trade Act of
1171 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
1172 Adjustment Assistance Program.
1173 4. Activities authorized under 38 U.S.C. chapter 41,
1174 including job counseling, training, and placement for veterans.
1175 5. Employment and training activities carried out under
1176 funds awarded to this state by the United States Department of
1177 Housing and Urban Development.
1178 6. Welfare transition services funded by the Temporary
1179 Assistance for Needy Families Program, created under the
1180 Personal Responsibility and Work Opportunity Reconciliation Act
1181 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
1182 of the Social Security Act, as amended.
1183 7. Displaced homemaker programs, provided under s. 446.50.
1184 8. The Florida Bonding Program, provided under Pub. L. No.
1185 97-300, s. 164(a)(1).
1186 9. The Food Assistance Employment and Training Program,
1187 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
1188 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
1189 and the Hunger Prevention Act, Pub. L. No. 100-435.
1190 10. The Quick-Response Training Program, provided under ss.
1191 288.046-288.047. Matching funds and in-kind contributions that
1192 are provided by clients of the Quick-Response Training Program
1193 shall count toward the requirements of s. 288.904, pertaining to
1194 the return on investment from activities of Enterprise Florida,
1195 Inc.
1196 11. The Work Opportunity Tax Credit, provided under the Tax
1197 and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
1198 the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
1199 12. Offender placement services, provided under ss.
1200 944.707-944.708.
1201 (c) The department may adopt rules necessary to administer
1202 the provisions of this chapter which relate to implementing and
1203 administering the programs listed in paragraph (b) as well as
1204 rules related to eligible training providers and auditing and
1205 monitoring subrecipients of the workforce system grant funds.
1206 (d) Contracting with public and private entities as
1207 necessary to further the directives of this section. All
1208 contracts executed by CareerSource Florida, Inc., must include
1209 specific performance expectations and deliverables. All
1210 CareerSource Florida, Inc., contracts, including those
1211 solicited, managed, or paid by the department pursuant to s.
1212 20.60(5)(c) are exempt from s. 112.061, but shall be governed by
1213 subsection (1).
1214 (e) Notifying the Governor, the President of the Senate,
1215 and the Speaker of the House of Representatives of noncompliance
1216 by the department or other agencies or obstruction of the
1217 board’s efforts by such agencies. Upon such notification, the
1218 Executive Office of the Governor shall assist agencies to bring
1219 them into compliance with board objectives.
1220 (f) Ensuring that the state does not waste valuable
1221 training resources. The board shall direct that all resources,
1222 including equipment purchased for training Workforce Innovation
1223 and Opportunity Investment Act clients, be available for use at
1224 all times by eligible populations as first priority users. At
1225 times when eligible populations are not available, such
1226 resources shall be used for any other state-authorized education
1227 and training purpose. CareerSource Florida, Inc., may authorize
1228 expenditures to award suitable framed certificates, pins, or
1229 other tokens of recognition for performance by a local regional
1230 workforce development board, its committees and subdivisions,
1231 and other units of the workforce system. CareerSource Florida,
1232 Inc., may also authorize expenditures for promotional items,
1233 such as t-shirts, hats, or pens printed with messages promoting
1234 the state’s workforce system to employers, job seekers, and
1235 program participants. However, such expenditures are subject to
1236 federal regulations applicable to the expenditure of federal
1237 funds.
1238 (g) Establishing a dispute resolution process for all
1239 memoranda of understanding or other contracts or agreements
1240 entered into between the department and local regional workforce
1241 development boards.
1242 (h) Archiving records with the Bureau of Archives and
1243 Records Management of the Division of Library and Information
1244 Services of the Department of State.
1245 (9) CareerSource Florida, Inc., in collaboration with the
1246 local regional workforce development boards and appropriate
1247 state agencies and local public and private service providers
1248 and in consultation with the Office of Program Policy Analysis
1249 and Government Accountability, shall establish uniform
1250 performance accountability measures that apply across the core
1251 programs and standards to gauge the performance of the state and
1252 local areas in achieving the workforce development strategy.
1253 These measures and standards must be organized into three
1254 outcome tiers.
1255 (a) The performance accountability measures for the core
1256 programs consist of the primary indicators of performance, any
1257 additional indicators of performance, and a state-adjusted level
1258 of performance for each indicator pursuant to Pub. L. No. 113
1259 128, Title I, s. 116(b) first tier of measures must be organized
1260 to provide benchmarks for systemwide outcomes. CareerSource
1261 Florida, Inc., shall, in collaboration with the Office of
1262 Program Policy Analysis and Government Accountability, establish
1263 goals for the tier-one outcomes. Systemwide outcomes may include
1264 employment in occupations demonstrating continued growth in
1265 wages; continued employment after 3, 6, 12, and 24 months;
1266 reduction in and elimination of public assistance reliance; job
1267 placement; employer satisfaction; and positive return on
1268 investment of public resources.
1269 (b) The performance accountability measures for each local
1270 area consist of the primary indicators of performance, any
1271 additional indicators of performance, and a local level of
1272 performance for each indicator pursuant to Pub. L. No. 113-128.
1273 The local level of performance is determined by the local board,
1274 the chief elected official, and the Governor pursuant to Pub. L.
1275 No. 113-128, Title I, s. 116(c) second tier of measures must be
1276 organized to provide a set of benchmark outcomes for the
1277 strategic components of the workforce development strategy. Cost
1278 per entered employment, earnings at placement, retention in
1279 employment, job placement, and entered employment rate must be
1280 included among the performance outcome measures.
1281 (c) Performance accountability measures shall be used to
1282 generate performance reports pursuant to Pub. L. No. 113-128,
1283 Title I, s. 116(d) The third tier of measures must be the
1284 operational output measures to be used by the agency
1285 implementing programs, which may be specific to federal
1286 requirements. The tier-three measures must be developed by the
1287 agencies implementing programs, which may consult with
1288 CareerSource Florida, Inc., in this effort. Such measures must
1289 be reported to CareerSource Florida, Inc., by the appropriate
1290 implementing agency.
1291 (d) Regional differences must be reflected in the
1292 establishment of performance goals and may include job
1293 availability, unemployment rates, average worker wage, and
1294 available employable population.
1295 (e) Job placement must be reported pursuant to s. 1008.39.
1296 Positive outcomes for providers of education and training must
1297 be consistent with ss. 1008.42 and 1008.43.
1298 (d)(f) The performance accountability uniform measures of
1299 success that are adopted by CareerSource Florida, Inc., or the
1300 local regional workforce development boards must be developed in
1301 a manner that provides for an equitable comparison of the
1302 relative success or failure of any service provider in terms of
1303 positive outcomes.
1304 (g) By December 1 of each year, CareerSource Florida, Inc.,
1305 shall provide the Legislature with a report detailing the
1306 performance of Florida’s workforce development system, as
1307 reflected in the three-tier measurement system. The report also
1308 must benchmark Florida outcomes for all tiers as compared with
1309 other states that collect data similarly.
1310 (11) The workforce development system must use a charter
1311 process approach aimed at encouraging local design and control
1312 of service delivery and targeted activities. CareerSource
1313 Florida, Inc., shall be responsible for granting charters to
1314 local regional workforce development boards that have a
1315 membership consistent with the requirements of federal and state
1316 law and have developed a plan consistent with the state’s
1317 workforce development strategy. The plan must specify methods
1318 for allocating the resources and programs in a manner that
1319 eliminates unwarranted duplication, minimizes administrative
1320 costs, meets the existing job market demands and the job market
1321 demands resulting from successful economic development
1322 activities, ensures access to quality workforce development
1323 services for all Floridians, allows for pro rata or partial
1324 distribution of benefits and services, prohibits the creation of
1325 a waiting list or other indication of an unserved population,
1326 serves as many individuals as possible within available
1327 resources, and maximizes successful outcomes. As part of the
1328 charter process, CareerSource Florida, Inc., shall establish
1329 incentives for effective coordination of federal and state
1330 programs, outline rewards for successful job placements, and
1331 institute collaborative approaches among local service
1332 providers. Local decisionmaking and control shall be important
1333 components for inclusion in this charter application.
1334 (12) CareerSource Florida, Inc., shall enter into agreement
1335 with Space Florida and collaborate with vocational institutes,
1336 community colleges, colleges, and universities in this state, to
1337 develop a workforce development strategy to implement the
1338 workforce provisions of s. 331.3051.
1339 Section 25. Section 445.006, Florida Statutes, is amended
1340 to read:
1341 445.006 State plan Strategic and operational plans for
1342 workforce development.—
1343 (1) STATE PLAN.—CareerSource Florida, Inc., in conjunction
1344 with state and local partners in the workforce system, shall
1345 develop a state plan that produces an educated and skilled
1346 workforce. The state plan must consist of strategic and
1347 operational planning elements. The state plan shall be submitted
1348 by the Governor to the United States Department of Labor
1349 pursuant to the requirements of Pub. L. No. 113-128 strategic
1350 plan that produces skilled employees for employers in the state.
1351 The strategic plan shall be updated or modified by January 1 of
1352 each year.
1353 (2) STRATEGIC PLANNING ELEMENTS.—CareerSource Florida,
1354 Inc., in conjunction with state and local partners in the
1355 workforce system, shall develop strategic planning elements,
1356 pursuant to Pub. L. No. 113-128, Title I, s. 102, for the state
1357 plan.
1358 (a) The strategic planning elements of the state plan must
1359 include, but need not be limited to, strategies for:
1360 1.(a) Fulfilling the workforce system goals and strategies
1361 prescribed in s. 445.004;
1362 2.(b) Aggregating, integrating, and leveraging workforce
1363 system resources;
1364 3.(c) Coordinating the activities of federal, state, and
1365 local workforce system partners;
1366 4.(d) Addressing the workforce needs of small businesses;
1367 and
1368 5.(e) Fostering the participation of rural communities and
1369 distressed urban cores in the workforce system.
1370 (2) CareerSource Florida, Inc., shall establish an
1371 operational plan to implement the state strategic plan. The
1372 operational plan shall be submitted to the Governor and the
1373 Legislature along with the strategic plan and must reflect the
1374 allocation of resources as appropriated by the Legislature to
1375 specific responsibilities enumerated in law. As a component of
1376 the operational plan required under this section, CareerSource
1377 Florida, Inc., shall develop a workforce marketing plan, with
1378 the goal of educating individuals inside and outside the state
1379 about the employment market and employment conditions in the
1380 state. The marketing plan must include, but need not be limited
1381 to, strategies for:
1382 (a) Distributing information to secondary and postsecondary
1383 education institutions about the diversity of businesses in the
1384 state, specific clusters of businesses or business sectors in
1385 the state, and occupations by industry which are in demand by
1386 employers in the state;
1387 (b) Distributing information about and promoting use of the
1388 Internet-based job matching and labor market information system
1389 authorized under s. 445.011; and
1390 (c) Coordinating with Enterprise Florida, Inc., to ensure
1391 that workforce marketing efforts complement the economic
1392 development marketing efforts of the state.
1393 (3) The operational plan must include performance measures,
1394 standards, measurement criteria, and contract guidelines in the
1395 following areas with respect to participants in the welfare
1396 transition program:
1397 (a) Work participation rates, by type of activity;
1398 (b) Caseload trends;
1399 (c) Recidivism;
1400 (d) Participation in diversion and relocation assistance
1401 programs;
1402 (e) Employment retention;
1403 (f) Wage growth; and
1404 (g) Other issues identified by the board of directors of
1405 CareerSource Florida, Inc.
1406 (b)(4) The strategic planning elements plan must include
1407 criteria for allocating workforce resources to local regional
1408 workforce development boards. With respect to allocating funds
1409 to serve customers of the welfare transition program, such
1410 criteria may include weighting factors that indicate the
1411 relative degree of difficulty associated with securing and
1412 retaining employment placements for specific subsets of the
1413 welfare transition caseload.
1414 (3) OPERATIONAL PLANNING ELEMENTS.—CareerSource Florida,
1415 Inc., in conjunction with state and local partners in the
1416 workforce system, shall develop operational planning elements,
1417 pursuant to Pub. L. No. 113-128, Title I, s. 102, for the state
1418 plan.
1419 (5)(a) The operational plan may include a performance-based
1420 payment structure to be used for all welfare transition program
1421 customers which takes into account:
1422 1. The degree of difficulty associated with placement and
1423 retention;
1424 2. The quality of the placement with respect to salary,
1425 benefits, and opportunities for advancement; and
1426 3. The employee’s retention in the placement.
1427 (b) The payment structure may provide for bonus payments of
1428 up to 10 percent of the contract amount to providers that
1429 achieve notable success in achieving contract objectives,
1430 including, but not limited to, success in diverting families in
1431 which there is an adult who is subject to work requirements from
1432 receiving cash assistance and in achieving long-term job
1433 retention and wage growth with respect to welfare transition
1434 program customers. A service provider shall be paid a maximum of
1435 one payment per service for each participant during any given 6
1436 month period.
1437 (6)(a) The operational plan must include strategies that
1438 are designed to prevent or reduce the need for a person to
1439 receive public assistance, including:
1440 1. A teen pregnancy prevention component that includes, but
1441 is not limited to, a plan for implementing the Teen Pregnancy
1442 Prevention Community Initiative within each county of the
1443 services area in which the teen birth rate is higher than the
1444 state average;
1445 2. A component that encourages community-based welfare
1446 prevention and reduction initiatives that increase support
1447 provided by noncustodial parents to their welfare-dependent
1448 children and are consistent with program and financial
1449 guidelines developed by CareerSource Florida, Inc., and the
1450 Commission on Responsible Fatherhood. These initiatives may
1451 include improved paternity establishment, work activities for
1452 noncustodial parents, programs aimed at decreasing out-of
1453 wedlock pregnancies, encouraging involvement of fathers with
1454 their children which includes court-ordered supervised
1455 visitation, and increasing child support payments;
1456 3. A component that encourages formation and maintenance of
1457 two-parent families through, among other things, court-ordered
1458 supervised visitation;
1459 4. A component that fosters responsible fatherhood in
1460 families receiving assistance; and
1461 5. A component that fosters the provision of services that
1462 reduce the incidence and effects of domestic violence on women
1463 and children in families receiving assistance.
1464 (b) Specifications for welfare transition program services
1465 that are to be delivered include, but are not limited to:
1466 1. Initial assessment services prior to an individual being
1467 placed in an employment service, to determine whether the
1468 individual should be referred for relocation, up-front
1469 diversion, education, or employment placement. Assessment
1470 services shall be paid on a fixed unit rate and may not provide
1471 educational or employment placement services.
1472 2. Referral of participants to diversion and relocation
1473 programs.
1474 3. Preplacement services, including assessment, staffing,
1475 career plan development, work orientation, and employability
1476 skills enhancement.
1477 4. Services necessary to secure employment for a welfare
1478 transition program participant.
1479 5. Services necessary to assist participants in retaining
1480 employment, including, but not limited to, remedial education,
1481 language skills, and personal and family counseling.
1482 6. Desired quality of job placements with regard to salary,
1483 benefits, and opportunities for advancement.
1484 7. Expectations regarding job retention.
1485 8. Strategies to ensure that transition services are
1486 provided to participants for the mandated period of eligibility.
1487 9. Services that must be provided to the participant
1488 throughout an education or training program, such as monitoring
1489 attendance and progress in the program.
1490 10. Services that must be delivered to welfare transition
1491 program participants who have a deferral from work requirements
1492 but wish to participate in activities that meet federal
1493 participation requirements.
1494 11. Expectations regarding continued participant awareness
1495 of available services and benefits.
1496 Section 26. Section 445.007, Florida Statutes, is amended
1497 to read:
1498 445.007 Local Regional workforce development boards.—
1499 (1) One regional workforce development board shall be
1500 appointed in each designated service delivery area and shall
1501 serve as the local workforce development investment board
1502 pursuant to Pub. L. No. 113-128 105-220. The membership of the
1503 board must shall be consistent with Pub. L. No. 113-128 105-220,
1504 Title I, s. 107(b) s. 117(b) but may not exceed the minimum
1505 membership required in Pub. L. No. 105-220, Title I, s.
1506 117(b)(2)(A) and in this subsection. Upon approval by the
1507 Governor, the chief elected official may appoint additional
1508 members above the limit set by this subsection. If a public
1509 education or training provider is represented on the board, a
1510 representative of a private nonprofit provider and a
1511 representative of a private for-profit provider must also be
1512 appointed to the board. The board shall include one nonvoting
1513 representative from a military installation if a military
1514 installation is located within the region and the appropriate
1515 military command or organization authorizes such representation.
1516 It is the intent of the Legislature that membership of a
1517 regional workforce board include persons who are current or
1518 former recipients of welfare transition assistance as defined in
1519 s. 445.002(2) or workforce services as provided in s. 445.009(1)
1520 or that such persons be included as ex officio members of the
1521 board or of committees organized by the board. The importance of
1522 minority and gender representation shall be considered when
1523 making appointments to the board. The board, its committees,
1524 subcommittees, and subdivisions, and other units of the
1525 workforce system, including units that may consist in whole or
1526 in part of local governmental units, may use any method of
1527 telecommunications to conduct meetings, including establishing a
1528 quorum through telecommunications, provided that the public is
1529 given proper notice of the telecommunications meeting and
1530 reasonable access to observe and, when appropriate, participate.
1531 Local Regional workforce development boards are subject to
1532 chapters 119 and 286 and s. 24, Art. I of the State
1533 Constitution. If the local regional workforce development board
1534 enters into a contract with an organization or individual
1535 represented on the board of directors, the contract must be
1536 approved by a two-thirds vote of the board, a quorum having been
1537 established, and the board member who could benefit financially
1538 from the transaction must abstain from voting on the contract. A
1539 board member must disclose any such conflict in a manner that is
1540 consistent with the procedures outlined in s. 112.3143. Each
1541 member of a local regional workforce development board who is
1542 not otherwise required to file a full and public disclosure of
1543 financial interests pursuant to s. 8, Art. II of the State
1544 Constitution or s. 112.3144 shall file a statement of financial
1545 interests pursuant to s. 112.3145. The executive director or
1546 designated person responsible for the operational and
1547 administrative functions of the local regional workforce
1548 development board who is not otherwise required to file a full
1549 and public disclosure of financial interests pursuant to s. 8,
1550 Art. II of the State Constitution or s. 112.3144 shall file a
1551 statement of financial interests pursuant to s. 112.3145.
1552 (2)(a) The local regional workforce development board shall
1553 elect a chair from among the representatives described in Pub.
1554 L. No. 113-128 105-220, Title I, s. 107(b)(2)(A) s.
1555 117(b)(2)(A)(i) to serve for a term of no more than 2 years and
1556 shall serve no more than two terms.
1557 (b) The Governor may remove a member of the board, the
1558 executive director of the board, or the designated person
1559 responsible for the operational and administrative functions of
1560 the board for cause. As used in this paragraph, the term “cause”
1561 includes, but is not limited to, engaging in fraud or other
1562 criminal acts, incapacity, unfitness, neglect of duty, official
1563 incompetence and irresponsibility, misfeasance, malfeasance,
1564 nonfeasance, or lack of performance.
1565 (3) The Department of Economic Opportunity, under the
1566 direction of CareerSource Florida, Inc., shall assign staff to
1567 meet with each local regional workforce development board
1568 annually to review the board’s performance and to certify that
1569 the board is in compliance with applicable state and federal
1570 law.
1571 (4) In addition to the duties and functions specified by
1572 CareerSource Florida, Inc., and by the interlocal agreement
1573 approved by the local county or city governing bodies, the local
1574 regional workforce development board shall have the following
1575 responsibilities:
1576 (a) Develop, submit, ratify, or amend the local plan
1577 pursuant to Pub. L. No. 113-128, Title I, s. 108 105-220, Title
1578 I, s. 118, and the provisions of this act.
1579 (b) Conclude agreements necessary to designate the fiscal
1580 agent and administrative entity. A public or private entity,
1581 including an entity established pursuant to s. 163.01, which
1582 makes a majority of the appointments to a local regional
1583 workforce development board may serve as the board’s
1584 administrative entity if approved by CareerSource Florida, Inc.,
1585 based upon a showing that a fair and competitive process was
1586 used to select the administrative entity.
1587 (c) Complete assurances required for the charter process of
1588 CareerSource Florida, Inc., and provide ongoing oversight
1589 related to administrative costs, duplicated services, career
1590 counseling, economic development, equal access, compliance and
1591 accountability, and performance outcomes.
1592 (d) Oversee the one-stop delivery system in its local area.
1593 (5) CareerSource Florida, Inc., shall implement a training
1594 program for the local regional workforce development boards to
1595 familiarize board members with the state’s workforce development
1596 goals and strategies.
1597 (6) The local regional workforce development board shall
1598 designate all local service providers and may not transfer this
1599 authority to a third party. Consistent with the intent of the
1600 Workforce Innovation and Opportunity Investment Act, local
1601 regional workforce development boards should provide the
1602 greatest possible choice of training providers to those who
1603 qualify for training services. A local regional workforce
1604 development board may not restrict the choice of training
1605 providers based upon cost, location, or historical training
1606 arrangements. However, a board may restrict the amount of
1607 training resources available to any one client. Such
1608 restrictions may vary based upon the cost of training in the
1609 client’s chosen occupational area. The local regional workforce
1610 development board may be designated as a one-stop operator and
1611 direct provider of intake, assessment, eligibility
1612 determinations, or other direct provider services except
1613 training services. Such designation may occur only with the
1614 agreement of the chief elected official and the Governor as
1615 specified in 29 U.S.C. s. 2832(f)(2). CareerSource Florida,
1616 Inc., shall establish procedures by which a local regional
1617 workforce development board may request permission to operate
1618 under this section and the criteria under which such permission
1619 may be granted. The criteria shall include, but need not be
1620 limited to, a reduction in the cost of providing the permitted
1621 services. Such permission shall be granted for a period not to
1622 exceed 3 years for any single request submitted by the local
1623 regional workforce development board.
1624 (7) Local Regional workforce development boards shall adopt
1625 a committee structure consistent with applicable federal law and
1626 state policies established by CareerSource Florida, Inc.
1627 (8) The importance of minority and gender representation
1628 shall be considered when appointments are made to any committee
1629 established by the local regional workforce development board.
1630 (9) For purposes of procurement, local regional workforce
1631 development boards and their administrative entities are not
1632 state agencies and are exempt from chapters 120 and 287. The
1633 local regional workforce development boards shall apply the
1634 procurement and expenditure procedures required by federal law
1635 and policies of the Department of Economic Opportunity and
1636 CareerSource Florida, Inc., for the expenditure of federal,
1637 state, and nonpass-through funds. The making or approval of
1638 smaller, multiple payments for a single purchase with the intent
1639 to avoid or evade the monetary thresholds and procedures
1640 established by federal law and policies of the Department of
1641 Economic Opportunity and CareerSource Florida, Inc., is grounds
1642 for removal for cause. Local Regional workforce development
1643 boards, their administrative entities, committees, and
1644 subcommittees, and other workforce units may authorize
1645 expenditures to award suitable framed certificates, pins, or
1646 other tokens of recognition for performance by units of the
1647 workforce system. Local Regional workforce development boards;
1648 their administrative entities, committees, and subcommittees;
1649 and other workforce units may authorize expenditures for
1650 promotional items, such as t-shirts, hats, or pens printed with
1651 messages promoting Florida’s workforce system to employers, job
1652 seekers, and program participants. However, such expenditures
1653 are subject to federal regulations applicable to the expenditure
1654 of federal funds. All contracts executed by local regional
1655 workforce development boards must include specific performance
1656 expectations and deliverables.
1657 (10) State and federal funds provided to the local regional
1658 workforce development boards may not be used directly or
1659 indirectly to pay for meals, food, or beverages for board
1660 members, staff, or employees of local regional workforce
1661 development boards, CareerSource Florida, Inc., or the
1662 Department of Economic Opportunity except as expressly
1663 authorized by state law. Preapproved, reasonable, and necessary
1664 per diem allowances and travel expenses may be reimbursed. Such
1665 reimbursement shall be at the standard travel reimbursement
1666 rates established in s. 112.061 and shall be in compliance with
1667 all applicable federal and state requirements. CareerSource
1668 Florida, Inc., shall develop a statewide fiscal policy
1669 applicable to the state board and all local regional workforce
1670 development boards, to hold both the state and local regional
1671 workforce development boards strictly accountable for adherence
1672 to the policy and subject to regular and periodic monitoring by
1673 the Department of Economic Opportunity, the administrative
1674 entity for CareerSource Florida, Inc. Boards are prohibited from
1675 expending state or federal funds for entertainment costs and
1676 recreational activities for board members and employees as these
1677 terms are defined by 2 C.F.R. part 230.
1678 (11) To increase transparency and accountability, a local
1679 regional workforce development board must comply with the
1680 requirements of this section before contracting with a member of
1681 the board or a relative, as defined in s. 112.3143(1)(c), of a
1682 board member or of an employee of the board. Such contracts may
1683 not be executed before or without the approval of CareerSource
1684 Florida, Inc. Such contracts, as well as documentation
1685 demonstrating adherence to this section as specified by
1686 CareerSource Florida, Inc., must be submitted to the Department
1687 of Economic Opportunity for review and recommendation according
1688 to criteria to be determined by CareerSource Florida, Inc. Such
1689 a contract must be approved by a two-thirds vote of the board, a
1690 quorum having been established; all conflicts of interest must
1691 be disclosed before the vote; and any member who may benefit
1692 from the contract, or whose relative may benefit from the
1693 contract, must abstain from the vote. A contract under $25,000
1694 between a local regional workforce development board and a
1695 member of that board or between a relative, as defined in s.
1696 112.3143(1)(c), of a board member or of an employee of the board
1697 is not required to have the prior approval of CareerSource
1698 Florida, Inc., but must be approved by a two-thirds vote of the
1699 board, a quorum having been established, and must be reported to
1700 the Department of Economic Opportunity and CareerSource Florida,
1701 Inc., within 30 days after approval. If a contract cannot be
1702 approved by CareerSource Florida, Inc., a review of the decision
1703 to disapprove the contract may be requested by the local
1704 regional workforce development board or other parties to the
1705 disapproved contract.
1706 (12) Each local regional workforce development board shall
1707 develop a budget for the purpose of carrying out the duties of
1708 the board under this section, subject to the approval of the
1709 chief elected official. Each local regional workforce
1710 development board shall submit its annual budget for review to
1711 CareerSource Florida, Inc., no later than 2 weeks after the
1712 chair approves the budget.
1713 (13) By March 1, 2018, CareerSource Florida, Inc., shall
1714 establish regional planning areas in accordance with Pub. L. No.
1715 113-128, Title I, s. 106(a)(2). Local workforce development
1716 boards and chief elected officials within identified regional
1717 planning areas shall prepare a regional workforce development
1718 plan as required under Pub. L. No. 113-128, Title I, s.
1719 106(c)(2).
1720 Section 27. Subsections (4) and (5) of section 445.0071,
1721 Florida Statutes, are amended to read:
1722 445.0071 Florida Youth Summer Jobs Pilot Program.—
1723 (4) GOVERNANCE.—
1724 (a) The pilot program shall be administered by the local
1725 regional workforce development board in consultation with
1726 CareerSource Florida, Inc.
1727 (b) The local regional workforce development board shall
1728 report to CareerSource Florida, Inc., the number of at-risk and
1729 disadvantaged children who enter the program, the types of work
1730 activities they participate in, and the number of children who
1731 return to school, go on to postsecondary school, or enter the
1732 workforce full time at the end of the program. CareerSource
1733 Florida, Inc., shall report to the Legislature by November 1 of
1734 each year on the performance of the program.
1735 (5) FUNDING.—
1736 (a) The local regional workforce development board shall,
1737 consistent with state and federal laws, use funds appropriated
1738 specifically for the pilot program to provide youth wage
1739 payments and educational enrichment activities. The local
1740 regional workforce development board and local communities may
1741 obtain private or state and federal grants or other sources of
1742 funds in addition to any appropriated funds.
1743 (b) Program funds shall be used as follows:
1744 1. No less than 85 percent of the funds shall be used for
1745 youth wage payments or educational enrichment activities. These
1746 funds shall be matched on a one-to-one basis by each local
1747 community that participates in the program.
1748 2. No more than 2 percent of the funds may be used for
1749 administrative purposes.
1750 3. The remainder of the funds may be used for
1751 transportation assistance, child care assistance, or other
1752 assistance to enable a program participant to enter or remain in
1753 the program.
1754 (c) The local regional workforce development board shall
1755 pay a participating employer an amount equal to one-half of the
1756 wages paid to a youth participating in the program. Payments
1757 shall be made monthly for the duration that the youth
1758 participant is employed as documented by the employer and
1759 confirmed by the local regional workforce development board.
1760 Section 28. Subsections (2) through (7), paragraphs (b),
1761 (c), and (d) of subsection (8), paragraph (b) of subsection (9),
1762 and subsection (10) of section 445.009, Florida Statutes, are
1763 amended to read:
1764 445.009 One-stop delivery system.—
1765 (2)(a) Subject to a process designed by CareerSource
1766 Florida, Inc., and in compliance with Pub. L. No. 113-128 105
1767 220, local regional workforce development boards shall designate
1768 one-stop delivery system operators.
1769 (b) A local regional workforce development board may
1770 designate as its one-stop delivery system operator any public or
1771 private entity that is eligible to provide services under any
1772 state or federal workforce program that is a mandatory or
1773 discretionary partner in the local workforce development area’s
1774 region’s one-stop delivery system if approved by CareerSource
1775 Florida, Inc., upon a showing by the local regional workforce
1776 development board that a fair and competitive process was used
1777 in the selection. As a condition of authorizing a local regional
1778 workforce development board to designate such an entity as its
1779 one-stop delivery system operator, CareerSource Florida, Inc.,
1780 must require the local regional workforce development board to
1781 demonstrate that safeguards are in place to ensure that the one
1782 stop delivery system operator will not exercise an unfair
1783 competitive advantage or unfairly refer or direct customers of
1784 the one-stop delivery system to services provided by that one
1785 stop delivery system operator. A local regional workforce
1786 development board may retain its current one-stop career center
1787 operator without further procurement action if the board has an
1788 established one-stop career center that has complied with
1789 federal and state law.
1790 (c) The local workforce development board must enter into a
1791 memorandum of understanding with each mandatory or optional
1792 partner participating in the one-stop delivery system which
1793 details the partner’s required contribution to infrastructure
1794 costs, as required by Pub. L. No. 113-128, s. 121(h). If the
1795 local workforce development board and the one-stop partner are
1796 unable to come to an agreement regarding infrastructure costs by
1797 July 1, 2016, the costs shall be allocated pursuant to a policy
1798 established by the Governor.
1799 (3) Local Regional workforce development boards shall enter
1800 into a memorandum of understanding with the Department of
1801 Economic Opportunity for the delivery of employment services
1802 authorized by the federal Wagner-Peyser Act. This memorandum of
1803 understanding must be performance based.
1804 (a) Unless otherwise required by federal law, at least 90
1805 percent of the Wagner-Peyser funding must go into direct
1806 customer service costs.
1807 (b) Employment services must be provided through the one
1808 stop delivery system, under the guidance of one-stop delivery
1809 system operators. One-stop delivery system operators shall have
1810 overall authority for directing the staff of the workforce
1811 system. Personnel matters shall remain under the ultimate
1812 authority of the department. However, the one-stop delivery
1813 system operator shall submit to the department information
1814 concerning the job performance of employees of the department
1815 who deliver employment services. The department shall consider
1816 any such information submitted by the one-stop delivery system
1817 operator in conducting performance appraisals of the employees.
1818 (c) The department shall retain fiscal responsibility and
1819 accountability for the administration of funds allocated to the
1820 state under the Wagner-Peyser Act. An employee of the department
1821 who is providing services authorized under the Wagner-Peyser Act
1822 shall be paid using Wagner-Peyser Act funds.
1823 (4) One-stop delivery system partners shall enter into a
1824 memorandum of understanding pursuant to Pub. L. No. 113-128 105
1825 220, Title I, s. 121, with the local regional workforce
1826 development board. Failure of a local partner to participate
1827 cannot unilaterally block the majority of partners from moving
1828 forward with their one-stop delivery system, and CareerSource
1829 Florida, Inc., pursuant to s. 445.004(5)(e), may make
1830 notification of a local partner that fails to participate.
1831 (5) To the extent possible, local regional workforce
1832 development boards shall include as partners in the local one
1833 stop delivery system entities that provide programs or
1834 activities designed to meet the needs of homeless persons.
1835 (6)(a) To the extent possible, core services, as defined by
1836 Pub. L. No. 113-128 105-220, shall be provided electronically,
1837 using existing systems. These electronic systems shall be linked
1838 and integrated into a comprehensive service system to simplify
1839 access to core services by:
1840 1. Maintaining staff to serve as the first point of contact
1841 with the public seeking access to employment services who are
1842 knowledgeable about each program located in each one-stop
1843 delivery system center as well as related services. An initial
1844 determination of the programs for which a customer is likely to
1845 be eligible and any referral for a more thorough eligibility
1846 determination must be made at this first point of contact; and
1847 2. Establishing an automated, integrated intake screening
1848 and eligibility process where customers will provide information
1849 through a self-service intake process that may be accessed by
1850 staff from any participating program.
1851 (b) To expand electronic capabilities, CareerSource
1852 Florida, Inc., working with local regional workforce development
1853 boards, shall develop a centralized help center to assist local
1854 regional workforce development boards in fulfilling core
1855 services, minimizing the need for fixed-site one-stop delivery
1856 system centers.
1857 (c) To the extent feasible, core services shall be
1858 accessible through the Internet. Through this technology, core
1859 services shall be made available at public libraries, public and
1860 private educational institutions, community centers, kiosks,
1861 neighborhood facilities, and satellite one-stop delivery system
1862 sites. Each local regional workforce development board’s web
1863 page shall serve as a portal for contacting potential employees
1864 by integrating the placement efforts of universities and private
1865 companies, including staffing services firms, into the existing
1866 one-stop delivery system.
1867 (7) Intensive services and training provided pursuant to
1868 Pub. L. No. 113-128 105-220, shall be provided to individuals
1869 through Intensive Service Accounts and Individual Training
1870 Accounts. CareerSource Florida, Inc., shall develop an
1871 implementation plan, including identification of initially
1872 eligible training providers, transition guidelines, and criteria
1873 for use of these accounts. Individual Training Accounts must be
1874 compatible with Individual Development Accounts for education
1875 allowed in federal and state welfare reform statutes.
1876 (8)
1877 (b) For each approved training program, local regional
1878 workforce development boards, in consultation with training
1879 providers, shall establish a fair-market purchase price to be
1880 paid through an Individual Training Account. The purchase price
1881 must be based on prevailing costs and reflect local economic
1882 factors, program complexity, and program benefits, including
1883 time to beginning of training and time to completion. The price
1884 shall ensure the fair participation of public and nonpublic
1885 postsecondary educational institutions as authorized service
1886 providers and shall prohibit the use of unlawful remuneration to
1887 the student in return for attending an institution. Unlawful
1888 remuneration does not include student financial assistance
1889 programs.
1890 (c) CareerSource Florida, Inc., shall periodically review
1891 Individual Training Account pricing schedules developed by local
1892 regional workforce development boards and present findings and
1893 recommendations for process improvement to the President of the
1894 Senate and the Speaker of the House of Representatives.
1895 (d) To the maximum extent possible, training providers
1896 shall use funding sources other than the funding provided under
1897 Pub. L. No. 113-128 105-220. CareerSource Florida, Inc., shall
1898 develop a system to encourage the leveraging of appropriated
1899 resources for the workforce system and shall report on such
1900 efforts as part of the required annual report.
1901 (9)
1902 (b) The network shall assure that a uniform method is used
1903 to determine eligibility for and management of services provided
1904 by agencies that conduct workforce development activities. The
1905 Department of Management Services shall develop strategies to
1906 allow access to the databases and information management systems
1907 of the following systems in order to link information in those
1908 databases with the one-stop delivery system:
1909 1. The Reemployment Assistance Program under chapter 443.
1910 2. The public employment service described in s. 443.181.
1911 3. The public assistance information system used by the
1912 Department of Children and Families FLORIDA System and the
1913 components related to temporary cash assistance, food
1914 assistance, and Medicaid eligibility.
1915 4. The Student Financial Assistance System of the
1916 Department of Education.
1917 5. Enrollment in the public postsecondary education system.
1918 6. Other information systems determined appropriate by
1919 CareerSource Florida, Inc.
1920 (10) To the maximum extent feasible, the one-stop delivery
1921 system may use private sector staffing services firms in the
1922 provision of workforce services to individuals and employers in
1923 the state. Local Regional workforce development boards may
1924 collaborate with staffing services firms in order to facilitate
1925 the provision of workforce services. Local Regional workforce
1926 development boards may contract with private sector staffing
1927 services firms to design programs that meet the employment needs
1928 of the local workforce development area region. All such
1929 contracts must be performance-based and require a specific
1930 period of job tenure before prior to payment.
1931 Section 29. Subsections (1) and (3) of section 445.014,
1932 Florida Statutes, are amended to read:
1933 445.014 Small business workforce service initiative.—
1934 (1) Subject to legislative appropriation, CareerSource
1935 Florida, Inc., shall establish a program to encourage local
1936 regional workforce development boards to establish one-stop
1937 delivery systems that maximize the provision of workforce and
1938 human-resource support services to small businesses. Under the
1939 program, a local regional workforce development board may apply,
1940 on a competitive basis, for funds to support the provision of
1941 such services to small businesses through the local workforce
1942 development area’s region’s one-stop delivery system.
1943 (3) CareerSource Florida, Inc., shall establish guidelines
1944 governing the administration of this program and shall establish
1945 criteria to be used in evaluating applications for funding. Such
1946 criteria must include, but need not be limited to, a showing
1947 that the local regional board has in place a detailed plan for
1948 establishing a one-stop delivery system designed to meet the
1949 workforce needs of small businesses and for leveraging other
1950 funding sources in support of such activities.
1951 Section 30. Subsections (3), (4), and (5) of section
1952 445.017, Florida Statutes, are amended to read:
1953 445.017 Diversion.—
1954 (3) Before finding an applicant family eligible for up
1955 front diversion services, the local regional workforce
1956 development board must determine that all requirements of
1957 eligibility for diversion services would likely be met.
1958 (4) The local regional workforce development board shall
1959 screen each family on a case-by-case basis for barriers to
1960 obtaining or retaining employment. The screening shall identify
1961 barriers that, if corrected, may prevent the family from
1962 receiving temporary cash assistance on a regular basis.
1963 Assistance to overcome a barrier to employment is not limited to
1964 cash, but may include vouchers or other in-kind benefits.
1965 (5) The family receiving up-front diversion must sign an
1966 agreement restricting the family from applying for temporary
1967 cash assistance for 3 months, unless an emergency is
1968 demonstrated to the local regional workforce development board.
1969 If a demonstrated emergency forces the family to reapply for
1970 temporary cash assistance within 3 months after receiving a
1971 diversion payment, the diversion payment shall be prorated over
1972 an 8-month period and deducted from any temporary assistance for
1973 which the family is eligible.
1974 Section 31. Subsection (2) of section 445.021, Florida
1975 Statutes, is amended to read:
1976 445.021 Relocation assistance program.—
1977 (2) The relocation assistance program shall involve five
1978 steps by the local regional workforce development board, in
1979 cooperation with the Department of Children and Families:
1980 (a) A determination that the family is receiving temporary
1981 cash assistance or that all requirements of eligibility for
1982 diversion services would likely be met.
1983 (b) A determination that there is a basis for believing
1984 that relocation will contribute to the ability of the applicant
1985 to achieve self-sufficiency. For example, the applicant:
1986 1. Is unlikely to achieve economic self-sufficiency at the
1987 current community of residence;
1988 2. Has secured a job that provides an increased salary or
1989 improved benefits and that requires relocation to another
1990 community;
1991 3. Has a family support network that will contribute to job
1992 retention in another community;
1993 4. Is determined, pursuant to criteria or procedures
1994 established by the board of directors of CareerSource Florida,
1995 Inc., to be a victim of domestic violence who would experience
1996 reduced probability of further incidents through relocation; or
1997 5. Must relocate in order to receive education or training
1998 that is directly related to the applicant’s employment or career
1999 advancement.
2000 (c) Establishment of a relocation plan that includes such
2001 requirements as are necessary to prevent abuse of the benefit
2002 and provisions to protect the safety of victims of domestic
2003 violence and avoid provisions that place them in anticipated
2004 danger. The payment to defray relocation expenses shall be
2005 determined based on criteria approved by the board of directors
2006 of CareerSource Florida, Inc. Participants in the relocation
2007 program shall be eligible for diversion or transitional
2008 benefits.
2009 (d) A determination, pursuant to criteria adopted by the
2010 board of directors of CareerSource Florida, Inc., that a
2011 community receiving a relocated family has the capacity to
2012 provide needed services and employment opportunities.
2013 (e) Monitoring the relocation.
2014 Section 32. Section 445.022, Florida Statutes, is amended
2015 to read:
2016 445.022 Retention Incentive Training Accounts.—To promote
2017 job retention and to enable upward job advancement into higher
2018 skilled, higher paying employment, the board of directors of
2019 CareerSource Florida, Inc., and the local regional workforce
2020 development boards may assemble a list of programs and courses
2021 offered by postsecondary educational institutions which may be
2022 available to participants who have become employed to promote
2023 job retention and advancement.
2024 (1) The board of directors of CareerSource Florida, Inc.,
2025 may establish Retention Incentive Training Accounts (RITAs) to
2026 use Temporary Assistance to Needy Families (TANF) block grant
2027 funds specifically appropriated for this purpose. RITAs must
2028 complement the Individual Training Account required by the
2029 federal Workforce Innovation and Opportunity Investment Act of
2030 1998, Pub. L. No. 113-128 105-220.
2031 (2) RITAs may pay for tuition, fees, educational materials,
2032 coaching and mentoring, performance incentives, transportation
2033 to and from courses, child care costs during education courses,
2034 and other such costs as the local regional workforce development
2035 boards determine are necessary to effect successful job
2036 retention and advancement.
2037 (3) Local Regional workforce development boards shall
2038 retain only those courses that continue to meet their
2039 performance standards as established in their local plan.
2040 (4) Local Regional workforce development boards shall
2041 report annually to the Legislature on the measurable retention
2042 and advancement success of each program provider and the
2043 effectiveness of RITAs, making recommendations for any needed
2044 changes or modifications.
2045 Section 33. Subsections (4) and (5) of section 445.024,
2046 Florida Statutes, are amended to read:
2047 445.024 Work requirements.—
2048 (4) PRIORITIZATION OF WORK REQUIREMENTS.—Local Regional
2049 workforce development boards shall require participation in work
2050 activities to the maximum extent possible, subject to federal
2051 and state funding. If funds are projected to be insufficient to
2052 allow full-time work activities by all program participants who
2053 are required to participate in work activities, local regional
2054 workforce development boards shall screen participants and
2055 assign priority based on the following:
2056 (a) In accordance with federal requirements, at least one
2057 adult in each two-parent family shall be assigned priority for
2058 full-time work activities.
2059 (b) Among single-parent families, a family that has older
2060 preschool children or school-age children shall be assigned
2061 priority for work activities.
2062 (c) A participant who has access to child care services may
2063 be assigned priority for work activities.
2064 (d) Priority may be assigned based on the amount of time
2065 remaining until the participant reaches the applicable time
2066 limit for program participation or may be based on requirements
2067 of a case plan.
2068
2069 Local Regional workforce development boards may limit a
2070 participant’s weekly work requirement to the minimum required to
2071 meet federal work activity requirements. Local Regional
2072 workforce development boards may develop screening and
2073 prioritization procedures based on the allocation of resources,
2074 the availability of community resources, the provision of
2075 supportive services, or the work activity needs of the service
2076 area.
2077 (5) USE OF CONTRACTS.—Local Regional workforce development
2078 boards shall provide work activities, training, and other
2079 services, as appropriate, through contracts. In contracting for
2080 work activities, training, or services, the following applies:
2081 (a) A contract must be performance-based. Payment shall be
2082 tied to performance outcomes that include factors such as, but
2083 not limited to, diversion from cash assistance, job entry, job
2084 entry at a target wage, job retention, and connection to
2085 transition services rather than tied to completion of training
2086 or education or any other phase of the program participation
2087 process.
2088 (b) A contract may include performance-based incentive
2089 payments that may vary according to the extent to which the
2090 participant is more difficult to place. Contract payments may be
2091 weighted proportionally to reflect the extent to which the
2092 participant has limitations associated with the long-term
2093 receipt of welfare and difficulty in sustaining employment. The
2094 factors may include the extent of prior receipt of welfare, lack
2095 of employment experience, lack of education, lack of job skills,
2096 and other factors determined appropriate by the local regional
2097 workforce development board.
2098 (c) Notwithstanding the exemption from the competitive
2099 sealed bid requirements provided in s. 287.057(3)(e) for certain
2100 contractual services, each contract awarded under this chapter
2101 must be awarded on the basis of a competitive sealed bid, except
2102 for a contract with a governmental entity as determined by the
2103 local regional workforce development board.
2104 (d) Local Regional workforce development boards may
2105 contract with commercial, charitable, or religious
2106 organizations. A contract must comply with federal requirements
2107 with respect to nondiscrimination and other requirements that
2108 safeguard the rights of participants. Services may be provided
2109 under contract, certificate, voucher, or other form of
2110 disbursement.
2111 (e) The administrative costs associated with a contract for
2112 services provided under this section may not exceed the
2113 applicable administrative cost ceiling established in federal
2114 law. An agency or entity that is awarded a contract under this
2115 section may not charge more than 7 percent of the value of the
2116 contract for administration unless an exception is approved by
2117 the local regional workforce development board. A list of any
2118 exceptions approved must be submitted to the board of directors
2119 of CareerSource Florida, Inc., for review, and the board may
2120 rescind approval of the exception.
2121 (f) Local Regional workforce development boards may enter
2122 into contracts to provide short-term work experience for the
2123 chronically unemployed as provided in this section.
2124 (g) A tax-exempt organization under s. 501(c) of the
2125 Internal Revenue Code of 1986 which receives funds under this
2126 chapter must disclose receipt of federal funds on any
2127 advertising, promotional, or other material in accordance with
2128 federal requirements.
2129 Section 34. Section 445.025, Florida Statutes, is amended
2130 to read:
2131 445.025 Other support services.—Support services shall be
2132 provided, if resources permit, to assist participants in
2133 complying with work activity requirements outlined in s.
2134 445.024. If resources do not permit the provision of needed
2135 support services, the local regional workforce development board
2136 may prioritize or otherwise limit provision of support services.
2137 This section does not constitute an entitlement to support
2138 services. Lack of provision of support services may be
2139 considered as a factor in determining whether good cause exists
2140 for failing to comply with work activity requirements but does
2141 not automatically constitute good cause for failing to comply
2142 with work activity requirements, and does not affect any
2143 applicable time limit on the receipt of temporary cash
2144 assistance or the provision of services under chapter 414.
2145 Support services shall include, but need not be limited to:
2146 (1) TRANSPORTATION.—Transportation expenses may be provided
2147 to any participant when the assistance is needed to comply with
2148 work activity requirements or employment requirements, including
2149 transportation to and from a child care provider. Payment may be
2150 made in cash or tokens in advance or through reimbursement paid
2151 against receipts or invoices. Transportation services may
2152 include, but are not limited to, cooperative arrangements with
2153 the following: public transit providers; community
2154 transportation coordinators designated under chapter 427; school
2155 districts; churches and community centers; donated motor vehicle
2156 programs, van pools, and ridesharing programs; small enterprise
2157 developments and entrepreneurial programs that encourage
2158 participants to become transportation providers; public and
2159 private transportation partnerships; and other innovative
2160 strategies to expand transportation options available to program
2161 participants.
2162 (a) Local Regional workforce development boards may provide
2163 payment for vehicle operational and repair expenses, including
2164 repair expenditures necessary to make a vehicle functional;
2165 vehicle registration fees; driver license fees; and liability
2166 insurance for the vehicle for a period of up to 6 months.
2167 Request for vehicle repairs must be accompanied by an estimate
2168 of the cost prepared by a repair facility registered under s.
2169 559.904.
2170 (b) Transportation disadvantaged funds as defined in
2171 chapter 427 do not include support services funds or funds
2172 appropriated to assist persons eligible under the Workforce
2173 Innovation and Opportunity Act Job Training Partnership Act. It
2174 is the intent of the Legislature that local regional workforce
2175 development boards consult with local community transportation
2176 coordinators designated under chapter 427 regarding the
2177 availability and cost of transportation services through the
2178 coordinated transportation system before prior to contracting
2179 for comparable transportation services outside the coordinated
2180 system.
2181 (2) ANCILLARY EXPENSES.—Ancillary expenses such as books,
2182 tools, clothing, fees, and costs necessary to comply with work
2183 activity requirements or employment requirements may be
2184 provided.
2185 (3) MEDICAL SERVICES.—A family that meets the eligibility
2186 requirements for Medicaid shall receive medical services under
2187 the Medicaid program.
2188 (4) PERSONAL AND FAMILY COUNSELING AND THERAPY.—Counseling
2189 may be provided to participants who have a personal or family
2190 problem or problems caused by substance abuse that is a barrier
2191 to compliance with work activity requirements or employment
2192 requirements. In providing these services, local regional
2193 workforce development boards shall use services that are
2194 available in the community at no additional cost. If these
2195 services are not available, local regional workforce development
2196 boards may use support services funds. Personal or family
2197 counseling not available through Medicaid may not be considered
2198 a medical service for purposes of the required statewide
2199 implementation plan or use of federal funds.
2200 Section 35. Subsection (5) of section 445.026, Florida
2201 Statutes, is amended to read:
2202 445.026 Cash assistance severance benefit.—An individual
2203 who meets the criteria listed in this section may choose to
2204 receive a lump-sum payment in lieu of ongoing cash assistance
2205 payments, provided the individual:
2206 (5) Provides employment and earnings information to the
2207 local regional workforce development board, so that the local
2208 regional workforce development board can ensure that the
2209 family’s eligibility for severance benefits can be evaluated.
2210
2211 Such individual may choose to accept a one-time, lump-sum
2212 payment of $1,000 in lieu of receiving ongoing cash assistance.
2213 Such payment shall only count toward the time limitation for the
2214 month in which the payment is made in lieu of cash assistance. A
2215 participant choosing to accept such payment shall be terminated
2216 from cash assistance. However, eligibility for Medicaid, food
2217 assistance, or child care shall continue, subject to the
2218 eligibility requirements of those programs.
2219 Section 36. Subsections (2) and (4) of section 445.030,
2220 Florida Statutes, are amended to read:
2221 445.030 Transitional education and training.—In order to
2222 assist former recipients of temporary cash assistance who are
2223 working or actively seeking employment in continuing their
2224 training and upgrading their skills, education, or training,
2225 support services may be provided for up to 2 years after the
2226 family is no longer receiving temporary cash assistance. This
2227 section does not constitute an entitlement to transitional
2228 education and training. If funds are not sufficient to provide
2229 services under this section, the board of directors of
2230 CareerSource Florida, Inc., may limit or otherwise prioritize
2231 transitional education and training.
2232 (2) Local Regional workforce development boards may
2233 authorize child care or other support services in addition to
2234 services provided in conjunction with employment. For example, a
2235 participant who is employed full time may receive child care
2236 services related to that employment and may also receive
2237 additional child care services in conjunction with training to
2238 upgrade the participant’s skills.
2239 (4) A local Regional workforce development board may enter
2240 into an agreement with an employer to share the costs relating
2241 to upgrading the skills of participants hired by the employer.
2242 For example, a local regional workforce development board may
2243 agree to provide support services such as transportation or a
2244 wage subsidy in conjunction with training opportunities provided
2245 by the employer.
2246 Section 37. Section 445.031, Florida Statutes, is amended
2247 to read:
2248 445.031 Transitional transportation.—In order to assist
2249 former recipients of temporary cash assistance in maintaining
2250 and sustaining employment or educational opportunities,
2251 transportation may be provided, if funds are available, for up
2252 to 2 years after the participant is no longer in the program.
2253 This does not constitute an entitlement to transitional
2254 transportation. If funds are not sufficient to provide services
2255 under this section, local regional workforce development boards
2256 may limit or otherwise prioritize transportation services.
2257 (1) Transitional transportation must be job or education
2258 related.
2259 (2) Transitional transportation may include expenses
2260 identified in s. 445.025, paid directly or by voucher, as well
2261 as a vehicle valued at not more than $8,500 if the vehicle is
2262 needed for training, employment, or educational purposes.
2263 Section 38. Subsection (1), paragraph (b) of subsection
2264 (4), and subsection (5) of section 445.048, Florida Statutes,
2265 are amended to read:
2266 445.048 Passport to Economic Progress program.—
2267 (1) AUTHORIZATION.—Notwithstanding any law to the contrary,
2268 CareerSource Florida, Inc., in conjunction with the Department
2269 of Children and Families and the Department of Economic
2270 Opportunity, shall implement a Passport to Economic Progress
2271 program consistent with the provisions of this section.
2272 CareerSource Florida, Inc., may designate local regional
2273 workforce development boards to participate in the program.
2274 Expenses for the program may come from appropriated revenues or
2275 from funds otherwise available to a local regional workforce
2276 development board which may be legally used for such purposes.
2277 CareerSource Florida, Inc., must consult with the applicable
2278 local regional workforce development boards and the applicable
2279 local offices of the Department of Children and Families which
2280 serve the program areas and must encourage community input into
2281 the implementation process.
2282 (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.—
2283 (b) CareerSource Florida, Inc., in cooperation with the
2284 Department of Children and Families and the Department of
2285 Economic Opportunity, shall offer performance-based incentive
2286 bonuses as a component of the Passport to Economic Progress
2287 program. The bonuses do not represent a program entitlement and
2288 are contingent on achieving specific benchmarks prescribed in
2289 the self-sufficiency plan. If the funds appropriated for this
2290 purpose are insufficient to provide this financial incentive,
2291 the board of directors of CareerSource Florida, Inc., may reduce
2292 or suspend the bonuses in order not to exceed the appropriation
2293 or may direct the local regional boards to use resources
2294 otherwise given to the local workforce development board
2295 regional workforce to pay such bonuses if such payments comply
2296 with applicable state and federal laws.
2297 (5) EVALUATIONS AND RECOMMENDATIONS.—CareerSource Florida,
2298 Inc., in conjunction with the Department of Children and
2299 Families, the Department of Economic Opportunity, and the local
2300 regional workforce development boards, shall conduct a
2301 comprehensive evaluation of the effectiveness of the program
2302 operated under this section. Evaluations and recommendations for
2303 the program shall be submitted by CareerSource Florida, Inc., as
2304 part of its annual report to the Legislature.
2305 Section 39. Paragraph (b) of subsection (2), paragraph (d)
2306 of subsection (4), and subsections (6) and (7) of section
2307 445.051, Florida Statutes, are amended to read:
2308 445.051 Individual development accounts.—
2309 (2) As used in this section, the term:
2310 (b) “Qualified entity” means:
2311 1. A not-for-profit organization described in s. 501(c)(3)
2312 of the Internal Revenue Code of 1986, as amended, and exempt
2313 from taxation under s. 501(a) of such code; or
2314 2. A state or local government agency acting in cooperation
2315 with an organization described in subparagraph 1. For purposes
2316 of this section, a local regional workforce development board is
2317 a government agency.
2318 (4)
2319 (d) Eligible participants may receive matching funds for
2320 contributions to the individual development account, pursuant to
2321 the strategic plan for workforce development. When not
2322 restricted to the contrary, matching funds may be paid from
2323 state and federal funds under the control of the local regional
2324 workforce development board, from local agencies, or from
2325 private donations.
2326 (6) CareerSource Florida, Inc., shall establish procedures
2327 for local regional workforce development boards to include in
2328 their annual program and financial plan an application to offer
2329 an individual development account program as part of their TANF
2330 allocation. These procedures must include, but need not be
2331 limited to, administrative costs permitted for the fiduciary
2332 organization and policies relative to identifying the match
2333 ratio and limits on the deposits for which the match will be
2334 provided in the application process. CareerSource Florida, Inc.,
2335 shall establish policies and procedures necessary to ensure that
2336 funds held in an individual development account are not
2337 withdrawn except for one or more of the qualified purposes
2338 described in this section.
2339 (7) Fiduciary organizations shall be the local regional
2340 workforce development board or other community-based
2341 organizations designated by the local regional workforce
2342 development board to serve as intermediaries between individual
2343 account holders and financial institutions holding accounts.
2344 Responsibilities of such fiduciary organizations may include
2345 marketing participation, soliciting matching contributions,
2346 counseling program participants, and conducting verification and
2347 compliance activities.
2348 Section 40. Paragraph (a) of subsection (1) of section
2349 985.622, Florida Statutes, is amended to read:
2350 985.622 Multiagency plan for career and professional
2351 education (CAPE).—
2352 (1) The Department of Juvenile Justice and the Department
2353 of Education shall, in consultation with the statewide Workforce
2354 Development Youth Council, school districts, providers, and
2355 others, jointly develop a multiagency plan for career and
2356 professional education (CAPE) that establishes the curriculum,
2357 goals, and outcome measures for CAPE programs in juvenile
2358 justice education programs. The plan must be reviewed annually,
2359 revised as appropriate, and include:
2360 (a) Provisions for maximizing appropriate state and federal
2361 funding sources, including funds under the Workforce Innovation
2362 and Opportunity Act Workforce Investment Act and the Perkins
2363 Act.
2364 Section 41. Paragraph (c) of subsection (4) of section
2365 1002.83, Florida Statutes, is amended to read:
2366 1002.83 Early learning coalitions.—
2367 (4) Each early learning coalition must include the
2368 following member positions; however, in a multicounty coalition,
2369 each ex officio member position may be filled by multiple
2370 nonvoting members but no more than one voting member shall be
2371 seated per member position. If an early learning coalition has
2372 more than one member representing the same entity, only one of
2373 such members may serve as a voting member:
2374 (c) A local regional workforce development board executive
2375 director or his or her permanent designee.
2376 Section 42. Subsections (2) and (3) and paragraph (b) of
2377 subsection (4) of section 1003.491, Florida Statutes, are
2378 amended to read:
2379 1003.491 Florida Career and Professional Education Act.—The
2380 Florida Career and Professional Education Act is created to
2381 provide a statewide planning partnership between the business
2382 and education communities in order to attract, expand, and
2383 retain targeted, high-value industry and to sustain a strong,
2384 knowledge-based economy.
2385 (2) Each district school board shall develop, in
2386 collaboration with local regional workforce development boards,
2387 economic development agencies, and postsecondary institutions
2388 approved to operate in the state, a strategic 3-year plan to
2389 address and meet local and regional workforce demands. If
2390 involvement of a local regional workforce development board or
2391 an economic development agency in the strategic plan development
2392 is not feasible, the local school board, with the approval of
2393 the Department of Economic Opportunity, shall collaborate with
2394 the most appropriate regional business leadership board. Two or
2395 more school districts may collaborate in the development of the
2396 strategic plan and offer career-themed courses, as defined in s.
2397 1003.493(1)(b), or a career and professional academy as a joint
2398 venture. The strategic plan must describe in detail provisions
2399 for the efficient transportation of students, the maximum use of
2400 shared resources, access to courses aligned to state curriculum
2401 standards through virtual education providers legislatively
2402 authorized to provide part-time instruction to middle school
2403 students, and an objective review of proposed career and
2404 professional academy courses and other career-themed courses to
2405 determine if the courses will lead to the attainment of industry
2406 certifications included on the Industry Certified Funding List
2407 pursuant to rules adopted by the State Board of Education. Each
2408 strategic plan shall be reviewed, updated, and jointly approved
2409 every 3 years by the local school district, local regional
2410 workforce development boards, economic development agencies, and
2411 state-approved postsecondary institutions.
2412 (3) The strategic 3-year plan developed jointly by the
2413 local school district, local regional workforce development
2414 boards, economic development agencies, and state-approved
2415 postsecondary institutions shall be constructed and based on:
2416 (a) Research conducted to objectively determine local and
2417 regional workforce needs for the ensuing 3 years, using labor
2418 projections of the United States Department of Labor and the
2419 Department of Economic Opportunity;
2420 (b) Strategies to develop and implement career academies or
2421 career-themed courses based on those careers determined to be
2422 high-wage, high-skill, and high-demand;
2423 (c) Strategies to provide shared, maximum use of private
2424 sector facilities and personnel;
2425 (d) Strategies that ensure instruction by industry
2426 certified faculty and standards and strategies to maintain
2427 current industry credentials and for recruiting and retaining
2428 faculty to meet those standards;
2429 (e) Strategies to provide personalized student advisement,
2430 including a parent-participation component, and coordination
2431 with middle grades to promote and support career-themed courses
2432 and education planning as required under s. 1003.4156;
2433 (f) Alignment of requirements for middle school career
2434 planning under s. 1003.4156(1)(e), middle and high school career
2435 and professional academies or career-themed courses leading to
2436 industry certification or postsecondary credit, and high school
2437 graduation requirements;
2438 (g) Provisions to ensure that career-themed courses and
2439 courses offered through career and professional academies are
2440 academically rigorous, meet or exceed appropriate state-adopted
2441 subject area standards, result in attainment of industry
2442 certification, and, when appropriate, result in postsecondary
2443 credit;
2444 (h) Plans to sustain and improve career-themed courses and
2445 career and professional academies;
2446 (i) Strategies to improve the passage rate for industry
2447 certification examinations if the rate falls below 50 percent;
2448 (j) Strategies to recruit students into career-themed
2449 courses and career and professional academies which include
2450 opportunities for students who have been unsuccessful in
2451 traditional classrooms but who are interested in enrolling in
2452 career-themed courses or a career and professional academy.
2453 School boards shall provide opportunities for students who may
2454 be deemed as potential dropouts to enroll in career-themed
2455 courses or participate in career and professional academies;
2456 (k) Strategies to provide sufficient space within academies
2457 to meet workforce needs and to provide access to all interested
2458 and qualified students;
2459 (l) Strategies to implement career-themed courses or career
2460 and professional academy training that lead to industry
2461 certification in juvenile justice education programs;
2462 (m) Opportunities for high school students to earn weighted
2463 or dual enrollment credit for higher-level career and technical
2464 courses;
2465 (n) Promotion of the benefits of the Gold Seal Bright
2466 Futures Scholarship;
2467 (o) Strategies to ensure the review of district pupil
2468 progression plans and to amend such plans to include career
2469 themed courses and career and professional academy courses and
2470 to include courses that may qualify as substitute courses for
2471 core graduation requirements and those that may be counted as
2472 elective courses;
2473 (p) Strategies to provide professional development for
2474 secondary certified school counselors on the benefits of career
2475 and professional academies and career-themed courses that lead
2476 to industry certification; and
2477 (q) Strategies to redirect appropriated career funding in
2478 secondary and postsecondary institutions to support career
2479 academies and career-themed courses that lead to industry
2480 certification.
2481 (4) The State Board of Education shall establish a process
2482 for the continual and uninterrupted review of newly proposed
2483 core secondary courses and existing courses requested to be
2484 considered as core courses to ensure that sufficient rigor and
2485 relevance is provided for workforce skills and postsecondary
2486 education and aligned to state curriculum standards.
2487 (b) The curriculum review committee shall review newly
2488 proposed core courses electronically. Each proposed core course
2489 shall be approved or denied within 30 days after submission by a
2490 district school board or local regional workforce development
2491 board. All courses approved as core courses for purposes of
2492 middle school promotion and high school graduation shall be
2493 immediately added to the Course Code Directory. Approved core
2494 courses shall also be reviewed and considered for approval for
2495 dual enrollment credit. The Board of Governors and the
2496 Commissioner of Education shall jointly recommend an annual
2497 deadline for approval of new core courses to be included for
2498 purposes of postsecondary admissions and dual enrollment credit
2499 the following academic year. The State Board of Education shall
2500 establish an appeals process in the event that a proposed course
2501 is denied which shall require a consensus ruling by the
2502 Department of Economic Opportunity and the Commissioner of
2503 Education within 15 days.
2504 Section 43. Paragraph (a) of subsection (3) of section
2505 1003.492, Florida Statutes, is amended to read:
2506 1003.492 Industry-certified career education programs.—
2507 (3) The State Board of Education shall use the expertise of
2508 CareerSource Florida, Inc., and the Department of Agriculture
2509 and Consumer Services to develop and adopt rules pursuant to ss.
2510 120.536(1) and 120.54 for implementing an industry certification
2511 process.
2512 (a) For nonfarm occupations, industry certification must be
2513 based upon the highest available national standards for specific
2514 industry certification to ensure student skill proficiency and
2515 to address emerging labor market and industry trends. A local
2516 regional workforce development board or a school principal may
2517 apply to CareerSource Florida, Inc., to request additions to the
2518 approved list of industry certifications based on high-skill,
2519 high-wage, and high-demand job requirements in the local
2520 regional economy.
2521 Section 44. Subsection (1) and paragraph (d) of subsection
2522 (4) of section 1003.493, Florida Statutes, are amended to read:
2523 1003.493 Career and professional academies and career
2524 themed courses.—
2525 (1)(a) A “career and professional academy” is a research
2526 based program that integrates a rigorous academic curriculum
2527 with an industry-specific curriculum aligned directly to
2528 priority workforce needs established by the local regional
2529 workforce development board or the Department of Economic
2530 Opportunity. Career and professional academies shall be offered
2531 by public schools and school districts. The Florida Virtual
2532 School is encouraged to develop and offer rigorous career and
2533 professional courses as appropriate. Students completing career
2534 and professional academy programs must receive a standard high
2535 school diploma, the highest available industry certification,
2536 and opportunities to earn postsecondary credit if the academy
2537 partners with a postsecondary institution approved to operate in
2538 the state.
2539 (b) A “career-themed course” is a course, or a course in a
2540 series of courses, that leads to an industry certification
2541 identified in the CAPE Industry Certification Funding List
2542 pursuant to rules adopted by the State Board of Education.
2543 Career-themed courses have industry-specific curriculum aligned
2544 directly to priority workforce needs established by the local
2545 regional workforce development board or the Department of
2546 Economic Opportunity. School districts shall offer at least two
2547 career-themed courses, and each secondary school is encouraged
2548 to offer at least one career-themed course. The Florida Virtual
2549 School is encouraged to develop and offer rigorous career-themed
2550 courses as appropriate. Students completing a career-themed
2551 course must be provided opportunities to earn postsecondary
2552 credit if the credit for the career-themed course can be
2553 articulated to a postsecondary institution approved to operate
2554 in the state.
2555 (4) Each career and professional academy and secondary
2556 school providing a career-themed course must:
2557 (d) Provide instruction in careers designated as high
2558 skill, high-wage, and high-demand by the local regional
2559 workforce development board, the chamber of commerce, economic
2560 development agencies, or the Department of Economic Opportunity.
2561 Section 45. Subsection (1) of section 1003.4935, Florida
2562 Statutes, is amended to read:
2563 1003.4935 Middle grades career and professional academy
2564 courses and career-themed courses.—
2565 (1) Beginning with the 2011-2012 school year, each district
2566 school board, in collaboration with local regional workforce
2567 development boards, economic development agencies, and state
2568 approved postsecondary institutions, shall include plans to
2569 implement a career and professional academy or a career-themed
2570 course, as defined in s. 1003.493(1)(b), in at least one middle
2571 school in the district as part of the strategic 3-year plan
2572 pursuant to s. 1003.491(2). The strategic plan must provide
2573 students the opportunity to transfer from a middle school career
2574 and professional academy or a career-themed course to a high
2575 school career and professional academy or a career-themed course
2576 currently operating within the school district. Students who
2577 complete a middle school career and professional academy or a
2578 career-themed course must have the opportunity to earn an
2579 industry certificate and high school credit and participate in
2580 career planning, job shadowing, and business leadership
2581 development activities.
2582 Section 46. Paragraph (a) of subsection (1) of section
2583 1003.52, Florida Statutes, is amended to read:
2584 1003.52 Educational services in Department of Juvenile
2585 Justice programs.—
2586 (1) The Department of Education shall serve as the lead
2587 agency for juvenile justice education programs, curriculum,
2588 support services, and resources. To this end, the Department of
2589 Education and the Department of Juvenile Justice shall each
2590 designate a Coordinator for Juvenile Justice Education Programs
2591 to serve as the point of contact for resolving issues not
2592 addressed by district school boards and to provide each
2593 department’s participation in the following activities:
2594 (a) Training, collaborating, and coordinating with district
2595 school boards, local regional workforce development boards, and
2596 local youth councils, educational contract providers, and
2597 juvenile justice providers, whether state operated or
2598 contracted.
2599
2600 Annually, a cooperative agreement and plan for juvenile justice
2601 education service enhancement shall be developed between the
2602 Department of Juvenile Justice and the Department of Education
2603 and submitted to the Secretary of Juvenile Justice and the
2604 Commissioner of Education by June 30. The plan shall include, at
2605 a minimum, each agency’s role regarding educational program
2606 accountability, technical assistance, training, and coordination
2607 of services.
2608 Section 47. Paragraph (a) of subsection (3) and paragraph
2609 (e) of subsection (4) of section 1004.93, Florida Statutes, are
2610 amended to read:
2611 1004.93 Adult general education.—
2612 (3)(a) Each district school board or Florida College System
2613 institution board of trustees shall negotiate with the local
2614 regional workforce development board for basic and functional
2615 literacy skills assessments for participants in the welfare
2616 transition employment and training programs. Such assessments
2617 shall be conducted at a site mutually acceptable to the district
2618 school board or Florida College System institution board of
2619 trustees and the local regional workforce development board.
2620 (4)
2621 (e) A district school board or a Florida College System
2622 institution board of trustees may negotiate a contract with the
2623 local regional workforce development board for specialized
2624 services for participants in the welfare transition program,
2625 beyond what is routinely provided for the general public, to be
2626 funded by the local regional workforce development board.
2627 Section 48. Paragraph (b) of subsection (1) of section
2628 1006.261, Florida Statutes, is amended to read:
2629 1006.261 Use of school buses for public purposes.—
2630 (1)
2631 (b) Each district school board may enter into agreements
2632 with local regional workforce development boards for the
2633 provision of transportation services to participants in the
2634 welfare transition program. Agreements must provide for
2635 reimbursement in full or in part for the proportionate share of
2636 fixed and operating costs incurred by the district school board
2637 attributable to the use of buses in accordance with the
2638 agreement.
2639 Section 49. Paragraph (e) of subsection (1) of section
2640 1009.25, Florida Statutes, is amended to read:
2641 1009.25 Fee exemptions.—
2642 (1) The following students are exempt from the payment of
2643 tuition and fees, including lab fees, at a school district that
2644 provides workforce education programs, Florida College System
2645 institution, or state university:
2646 (e) A student enrolled in an employment and training
2647 program under the welfare transition program. The local regional
2648 workforce development board shall pay the state university,
2649 Florida College System institution, or school district for costs
2650 incurred for welfare transition program participants.
2651 Section 50. This act shall take effect July 1, 2016.
2652