Florida Senate - 2016 CS for SB 7040
By the Committees on Fiscal Policy; and Commerce and Tourism
594-03057A-16 20167040c1
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 s. 445.07, F.S.; requiring the Department of
60 Education to consult with the Department of Economic
61 Opportunity in preparing, or contracting with an
62 entity to prepare, certain economic security reports;
63 amending ss. 445.014, 445.016, 445.017, 445.021,
64 445.022, 445.024, 445.025, 445.026, 445.030, 445.031,
65 445.048, 445.051, 985.622, 1002.83, 1003.491,
66 1003.492, 1003.493, 1003.4935, 1003.52, 1004.93,
67 1006.261, and 1009.25, F.S.; conforming provisions to
68 changes made by this act; providing an effective date.
69
70 Be It Enacted by the Legislature of the State of Florida:
71
72 Section 1. Paragraph (c) of subsection (5) of section
73 20.60, Florida Statutes, is amended to read:
74 20.60 Department of Economic Opportunity; creation; powers
75 and duties.—
76 (5) The divisions within the department have specific
77 responsibilities to achieve the duties, responsibilities, and
78 goals of the department. Specifically:
79 (c) The Division of Workforce Services shall:
80 1. Prepare and submit a unified budget request for
81 workforce development in accordance with chapter 216 for, and in
82 conjunction with, CareerSource Florida, Inc., and its board.
83 2. Ensure that the state appropriately administers federal
84 and state workforce funding by administering plans and policies
85 of CareerSource Florida, Inc., under contract with CareerSource
86 Florida, Inc. The operating budget and midyear amendments
87 thereto must be part of such contract.
88 a. All program and fiscal instructions to local regional
89 workforce development boards shall emanate from the Department
90 of Economic Opportunity pursuant to plans and policies of
91 CareerSource Florida, Inc., which shall be responsible for all
92 policy directions to the local regional workforce development
93 boards.
94 b. Unless otherwise provided by agreement with CareerSource
95 Florida, Inc., administrative and personnel policies of the
96 Department of Economic Opportunity apply.
97 3. Implement the state’s reemployment assistance program.
98 The Department of Economic Opportunity shall ensure that the
99 state appropriately administers the reemployment assistance
100 program pursuant to state and federal law.
101 4. Assist in developing the 5-year statewide strategic plan
102 required by this section.
103 Section 2. Paragraph (p) of subsection (5) of section
104 212.08, Florida Statutes, is amended to read:
105 212.08 Sales, rental, use, consumption, distribution, and
106 storage tax; specified exemptions.—The sale at retail, the
107 rental, the use, the consumption, the distribution, and the
108 storage to be used or consumed in this state of the following
109 are hereby specifically exempt from the tax imposed by this
110 chapter.
111 (5) EXEMPTIONS; ACCOUNT OF USE.—
112 (p) Community contribution tax credit for donations.—
113 1. Authorization.—Persons who are registered with the
114 department under s. 212.18 to collect or remit sales or use tax
115 and who make donations to eligible sponsors are eligible for tax
116 credits against their state sales and use tax liabilities as
117 provided in this paragraph:
118 a. The credit shall be computed as 50 percent of the
119 person’s approved annual community contribution.
120 b. The credit shall be granted as a refund against state
121 sales and use taxes reported on returns and remitted in the 12
122 months preceding the date of application to the department for
123 the credit as required in sub-subparagraph 3.c. If the annual
124 credit is not fully used through such refund because of
125 insufficient tax payments during the applicable 12-month period,
126 the unused amount may be included in an application for a refund
127 made pursuant to sub-subparagraph 3.c. in subsequent years
128 against the total tax payments made for such year. Carryover
129 credits may be applied for a 3-year period without regard to any
130 time limitation that would otherwise apply under s. 215.26.
131 c. A person may not receive more than $200,000 in annual
132 tax credits for all approved community contributions made in any
133 one year.
134 d. All proposals for the granting of the tax credit require
135 the prior approval of the Department of Economic Opportunity.
136 e. The total amount of tax credits which may be granted for
137 all programs approved under this paragraph, s. 220.183, and s.
138 624.5105 is $18.4 million in the 2015-2016 fiscal year, $21.4
139 million in the 2016-2017 fiscal year, and $21.4 million in the
140 2017-2018 fiscal year for projects that provide housing
141 opportunities for persons with special needs or homeownership
142 opportunities for low-income households or very-low-income
143 households and $3.5 million annually for all other projects. As
144 used in this paragraph, the term “person with special needs” has
145 the same meaning as in s. 420.0004 and the terms “low-income
146 person,” “low-income household,” “very-low-income person,” and
147 “very-low-income household” have the same meanings as in s.
148 420.9071.
149 f. A person who is eligible to receive the credit provided
150 in this paragraph, s. 220.183, or s. 624.5105 may receive the
151 credit only under one section of the person’s choice.
152 2. Eligibility requirements.—
153 a. A community contribution by a person must be in the
154 following form:
155 (I) Cash or other liquid assets;
156 (II) Real property;
157 (III) Goods or inventory; or
158 (IV) Other physical resources identified by the Department
159 of Economic Opportunity.
160 b. All community contributions must be reserved exclusively
161 for use in a project. As used in this sub-subparagraph, the term
162 “project” means activity undertaken by an eligible sponsor which
163 is designed to construct, improve, or substantially rehabilitate
164 housing that is affordable to low-income households or very-low
165 income households; designed to provide housing opportunities for
166 persons with special needs; designed to provide commercial,
167 industrial, or public resources and facilities; or designed to
168 improve entrepreneurial and job-development opportunities for
169 low-income persons. A project may be the investment necessary to
170 increase access to high-speed broadband capability in a rural
171 community that had an enterprise zone designated pursuant to
172 chapter 290 as of May 1, 2015, including projects that result in
173 improvements to communications assets that are owned by a
174 business. A project may include the provision of museum
175 educational programs and materials that are directly related to
176 a project approved between January 1, 1996, and December 31,
177 1999, and located in an area which was in an enterprise zone
178 designated pursuant to s. 290.0065 as of May 1, 2015. This
179 paragraph does not preclude projects that propose to construct
180 or rehabilitate housing for low-income households or very-low
181 income households on scattered sites or housing opportunities
182 for persons with special needs. With respect to housing,
183 contributions may be used to pay the following eligible special
184 needs, low-income, and very-low-income housing-related
185 activities:
186 (I) Project development impact and management fees for
187 special needs, low-income, or very-low-income housing projects;
188 (II) Down payment and closing costs for persons with
189 special needs, low-income persons, and very-low-income persons;
190 (III) Administrative costs, including housing counseling
191 and marketing fees, not to exceed 10 percent of the community
192 contribution, directly related to special needs, low-income, or
193 very-low-income projects; and
194 (IV) Removal of liens recorded against residential property
195 by municipal, county, or special district local governments if
196 satisfaction of the lien is a necessary precedent to the
197 transfer of the property to a low-income person or very-low
198 income person for the purpose of promoting home ownership.
199 Contributions for lien removal must be received from a
200 nonrelated third party.
201 c. The project must be undertaken by an “eligible sponsor,”
202 which includes:
203 (I) A community action program;
204 (II) A nonprofit community-based development organization
205 whose mission is the provision of housing for persons with
206 specials needs, low-income households, or very-low-income
207 households or increasing entrepreneurial and job-development
208 opportunities for low-income persons;
209 (III) A neighborhood housing services corporation;
210 (IV) A local housing authority created under chapter 421;
211 (V) A community redevelopment agency created under s.
212 163.356;
213 (VI) A historic preservation district agency or
214 organization;
215 (VII) A local regional workforce development board;
216 (VIII) A direct-support organization as provided in s.
217 1009.983;
218 (IX) An enterprise zone development agency created under s.
219 290.0056;
220 (X) A community-based organization incorporated under
221 chapter 617 which is recognized as educational, charitable, or
222 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
223 and whose bylaws and articles of incorporation include
224 affordable housing, economic development, or community
225 development as the primary mission of the corporation;
226 (XI) Units of local government;
227 (XII) Units of state government; or
228 (XIII) Any other agency that the Department of Economic
229 Opportunity designates by rule.
230
231 A contributing person may not have a financial interest in the
232 eligible sponsor.
233 d. The project must be located in an area which was in an
234 enterprise zone designated pursuant to chapter 290 as of May 1,
235 2015, or a Front Porch Florida Community, unless the project
236 increases access to high-speed broadband capability in a rural
237 community that had an enterprise zone designated pursuant to
238 chapter 290 as of May 1, 2015, but is physically located outside
239 the designated rural zone boundaries. Any project designed to
240 construct or rehabilitate housing for low-income households or
241 very-low-income households or housing opportunities for persons
242 with special needs is exempt from the area requirement of this
243 sub-subparagraph.
244 e.(I) If, during the first 10 business days of the state
245 fiscal year, eligible tax credit applications for projects that
246 provide housing opportunities for persons with special needs or
247 homeownership opportunities for low-income households or very
248 low-income households are received for less than the annual tax
249 credits available for those projects, the Department of Economic
250 Opportunity shall grant tax credits for those applications and
251 grant remaining tax credits on a first-come, first-served basis
252 for subsequent eligible applications received before the end of
253 the state fiscal year. If, during the first 10 business days of
254 the state fiscal year, eligible tax credit applications for
255 projects that provide housing opportunities for persons with
256 special needs or homeownership opportunities for low-income
257 households or very-low-income households are received for more
258 than the annual tax credits available for those projects, the
259 Department of Economic Opportunity shall grant the tax credits
260 for those applications as follows:
261 (A) If tax credit applications submitted for approved
262 projects of an eligible sponsor do not exceed $200,000 in total,
263 the credits shall be granted in full if the tax credit
264 applications are approved.
265 (B) If tax credit applications submitted for approved
266 projects of an eligible sponsor exceed $200,000 in total, the
267 amount of tax credits granted pursuant to sub-sub-sub
268 subparagraph (A) shall be subtracted from the amount of
269 available tax credits, and the remaining credits shall be
270 granted to each approved tax credit application on a pro rata
271 basis.
272 (II) If, during the first 10 business days of the state
273 fiscal year, eligible tax credit applications for projects other
274 than those that provide housing opportunities for persons with
275 special needs or homeownership opportunities for low-income
276 households or very-low-income households are received for less
277 than the annual tax credits available for those projects, the
278 Department of Economic Opportunity shall grant tax credits for
279 those applications and shall grant remaining tax credits on a
280 first-come, first-served basis for subsequent eligible
281 applications received before the end of the state fiscal year.
282 If, during the first 10 business days of the state fiscal year,
283 eligible tax credit applications for projects other than those
284 that provide housing opportunities for persons with special
285 needs or homeownership opportunities for low-income households
286 or very-low-income households are received for more than the
287 annual tax credits available for those projects, the Department
288 of Economic Opportunity shall grant the tax credits for those
289 applications on a pro rata basis.
290 3. Application requirements.—
291 a. An eligible sponsor seeking to participate in this
292 program must submit a proposal to the Department of Economic
293 Opportunity which sets forth the name of the sponsor, a
294 description of the project, and the area in which the project is
295 located, together with such supporting information as is
296 prescribed by rule. The proposal must also contain a resolution
297 from the local governmental unit in which the project is located
298 certifying that the project is consistent with local plans and
299 regulations.
300 b. A person seeking to participate in this program must
301 submit an application for tax credit to the Department of
302 Economic Opportunity which sets forth the name of the sponsor, a
303 description of the project, and the type, value, and purpose of
304 the contribution. The sponsor shall verify, in writing, the
305 terms of the application and indicate its receipt of the
306 contribution, and such verification must accompany the
307 application for tax credit. The person must submit a separate
308 tax credit application to the Department of Economic Opportunity
309 for each individual contribution that it makes to each
310 individual project.
311 c. A person who has received notification from the
312 Department of Economic Opportunity that a tax credit has been
313 approved must apply to the department to receive the refund.
314 Application must be made on the form prescribed for claiming
315 refunds of sales and use taxes and be accompanied by a copy of
316 the notification. A person may submit only one application for
317 refund to the department within a 12-month period.
318 4. Administration.—
319 a. The Department of Economic Opportunity may adopt rules
320 necessary to administer this paragraph, including rules for the
321 approval or disapproval of proposals by a person.
322 b. The decision of the Department of Economic Opportunity
323 must be in writing, and, if approved, the notification shall
324 state the maximum credit allowable to the person. Upon approval,
325 the Department of Economic Opportunity shall transmit a copy of
326 the decision to the department.
327 c. The Department of Economic Opportunity shall
328 periodically monitor all projects in a manner consistent with
329 available resources to ensure that resources are used in
330 accordance with this paragraph; however, each project must be
331 reviewed at least once every 2 years.
332 d. The Department of Economic Opportunity shall, in
333 consultation with the statewide and regional housing and
334 financial intermediaries, market the availability of the
335 community contribution tax credit program to community-based
336 organizations.
337 5. Expiration.—This paragraph expires June 30, 2018;
338 however, any accrued credit carryover that is unused on that
339 date may be used until the expiration of the 3-year carryover
340 period for such credit.
341 Section 3. Paragraph (c) of subsection (2) of section
342 220.183, Florida Statutes, is amended to read:
343 220.183 Community contribution tax credit.—
344 (2) ELIGIBILITY REQUIREMENTS.—
345 (c) The project must be undertaken by an “eligible
346 sponsor,” defined here as:
347 1. A community action program;
348 2. A nonprofit community-based development organization
349 whose mission is the provision of housing for persons with
350 special needs or low-income or very-low-income households or
351 increasing entrepreneurial and job-development opportunities for
352 low-income persons;
353 3. A neighborhood housing services corporation;
354 4. A local housing authority, created pursuant to chapter
355 421;
356 5. A community redevelopment agency, created pursuant to s.
357 163.356;
358 6. A historic preservation district agency or organization;
359 7. A local regional workforce development board;
360 8. A direct-support organization as provided in s.
361 1009.983;
362 9. An enterprise zone development agency created pursuant
363 to s. 290.0056;
364 10. A community-based organization incorporated under
365 chapter 617 which is recognized as educational, charitable, or
366 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
367 and whose bylaws and articles of incorporation include
368 affordable housing, economic development, or community
369 development as the primary mission of the corporation;
370 11. Units of local government;
371 12. Units of state government; or
372 13. Such other agency as the Department of Economic
373 Opportunity may, from time to time, designate by rule.
374
375 In no event shall a contributing business firm have a financial
376 interest in the eligible sponsor.
377 Section 4. Paragraph (l) of subsection (2) of section
378 250.10, Florida Statutes, is amended to read:
379 250.10 Appointment and duties of the Adjutant General.—
380 (2) The Adjutant General shall:
381 (l) Subject to annual appropriations, administer youth
382 About Face programs and adult Forward March programs at sites to
383 be selected by the Adjutant General. Both programs must provide
384 schoolwork assistance, focusing on the skills needed to master
385 basic high school competencies and functional life skills,
386 including teaching students to work effectively in groups;
387 providing basic instruction in computer skills; teaching basic
388 problem-solving, decisionmaking, and reasoning skills; teaching
389 how the business world and free enterprise work through computer
390 simulations; and teaching home finance and budgeting and other
391 daily living skills.
392 1. About Face is a summer and year-round after-school life
393 preparation program for economically disadvantaged and at-risk
394 youths from 13 through 17 years of age. The program must provide
395 training in academic study skills, and the basic skills that
396 businesses require for employment consideration.
397 2. Forward March is a job-readiness program for
398 economically disadvantaged participants who are directed to
399 Forward March by the local regional workforce development
400 boards. The Forward March program shall provide training on
401 topics that directly relate to the skills required for real
402 world success. The program shall emphasize functional life
403 skills, computer literacy, interpersonal relationships,
404 critical-thinking skills, business skills, preemployment and
405 work maturity skills, job-search skills, exploring careers
406 activities, how to be a successful and effective employee, and
407 some job-specific skills. The program also shall provide
408 extensive opportunities for participants to practice generic job
409 skills in a supervised work setting. Upon completion of the
410 program, Forward March shall return participants to the local
411 regional workforce development boards for placement in a job
412 placement pool.
413 Section 5. Subsection (8) of section 288.047, Florida
414 Statutes, is amended to read:
415 288.047 Quick-response training for economic development.—
416 (8) The Quick-Response Training Program is created to
417 provide assistance to participants in the welfare transition
418 program. CareerSource Florida, Inc., may award quick-response
419 training grants and develop applicable guidelines for the
420 training of participants in the welfare transition program. In
421 addition to a local economic development organization, grants
422 must be endorsed by the applicable local regional workforce
423 development board.
424 (a) Training funded pursuant to this subsection may not
425 exceed 12 months, and may be provided by the local community
426 college, school district, local regional workforce development
427 board, or the business employing the participant, including on
428 the-job training. Training will provide entry-level skills to
429 new workers, including those employed in retail, who are
430 participants in the welfare transition program.
431 (b) Participants trained pursuant to this subsection must
432 be employed at a job paying at least $6 per hour.
433 (c) Funds made available pursuant to this subsection may be
434 expended in connection with the relocation of a business from
435 one community to another if approved by CareerSource Florida,
436 Inc.
437 Section 6. Subsection (2) of section 290.0056, Florida
438 Statutes, is amended to read:
439 290.0056 Enterprise zone development agency.—
440 (2) When the governing body creates an enterprise zone
441 development agency, that body shall appoint a board of
442 commissioners of the agency, which shall consist of not fewer
443 than 8 or more than 13 commissioners. The governing body may
444 appoint at least one representative from each of the following:
445 the local chamber of commerce; local financial or insurance
446 entities; local businesses and, where possible, businesses
447 operating within the nominated area; the residents residing
448 within the nominated area; nonprofit community-based
449 organizations operating within the nominated area; the local
450 regional workforce development board; the local code enforcement
451 agency; and the local law enforcement agency. The terms of
452 office of the commissioners shall be for 4 years, except that,
453 in making the initial appointments, the governing body shall
454 appoint two members for terms of 3 years, two members for terms
455 of 2 years, and one member for a term of 1 year; the remaining
456 initial members shall serve for terms of 4 years. A vacancy
457 occurring during a term shall be filled for the unexpired term.
458 The importance of including individuals from the nominated area
459 shall be considered in making appointments. Further, the
460 importance of minority representation on the agency shall be
461 considered in making appointments so that the agency generally
462 reflects the gender and ethnic composition of the community as a
463 whole.
464 Section 7. Paragraph (c) of subsection (9) of section
465 322.34, Florida Statutes, is amended to read:
466 322.34 Driving while license suspended, revoked, canceled,
467 or disqualified.—
468 (9)
469 (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when
470 the seizing agency obtains a final judgment granting forfeiture
471 of the motor vehicle under this section, 30 percent of the net
472 proceeds from the sale of the motor vehicle shall be retained by
473 the seizing law enforcement agency and 70 percent shall be
474 deposited in the General Revenue Fund for use by local regional
475 workforce development boards in providing transportation
476 services for participants of the welfare transition program. In
477 a forfeiture proceeding under this section, the court may
478 consider the extent that the family of the owner has other
479 public or private means of transportation.
480 Section 8. Subsection (1) of section 341.052, Florida
481 Statutes, is amended to read:
482 341.052 Public transit block grant program; administration;
483 eligible projects; limitation.—
484 (1) There is created a public transit block grant program
485 which shall be administered by the department. Block grant funds
486 shall only be provided to “Section 9” providers and “Section 18”
487 providers designated by the United States Department of
488 Transportation and community transportation coordinators as
489 defined in chapter 427. Eligible providers must establish public
490 transportation development plans consistent, to the maximum
491 extent feasible, with approved local government comprehensive
492 plans of the units of local government in which the provider is
493 located. In developing public transportation development plans,
494 eligible providers must solicit comments from local regional
495 workforce development boards established under chapter 445. The
496 development plans must address how the public transit provider
497 will work with the appropriate local regional workforce
498 development board to provide services to participants in the
499 welfare transition program. Eligible providers must provide
500 information to the local regional workforce development board
501 serving the county in which the provider is located regarding
502 the availability of transportation services to assist program
503 participants.
504 Section 9. Subsection (2) of section 414.045, Florida
505 Statutes, is amended to read:
506 414.045 Cash assistance program.—Cash assistance families
507 include any families receiving cash assistance payments from the
508 state program for temporary assistance for needy families as
509 defined in federal law, whether such funds are from federal
510 funds, state funds, or commingled federal and state funds. Cash
511 assistance families may also include families receiving cash
512 assistance through a program defined as a separate state
513 program.
514 (2) Oversight by the board of directors of CareerSource
515 Florida, Inc., and the service delivery and financial planning
516 responsibilities of the local regional workforce development
517 boards apply to the families defined as work-eligible cases in
518 paragraph (1)(a). The department shall be responsible for
519 program administration related to families in groups defined in
520 paragraph (1)(b), and the department shall coordinate such
521 administration with the board of directors of CareerSource
522 Florida, Inc., to the extent needed for operation of the
523 program.
524 Section 10. Paragraphs (a), (d), and (e) of subsection (4)
525 of section 414.065, Florida Statutes, are amended to read:
526 414.065 Noncompliance with work requirements.—
527 (4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.—Unless otherwise
528 provided, the situations listed in this subsection shall
529 constitute exceptions to the penalties for noncompliance with
530 participation requirements, except that these situations do not
531 constitute exceptions to the applicable time limit for receipt
532 of temporary cash assistance:
533 (a) Noncompliance related to child care.—Temporary cash
534 assistance may not be terminated for refusal to participate in
535 work activities if the individual is a single parent caring for
536 a child who has not attained 6 years of age, and the adult
537 proves to the local regional workforce development board an
538 inability to obtain needed child care for one or more of the
539 following reasons, as defined in the Child Care and Development
540 Fund State Plan required by 45 C.F.R. part 98:
541 1. Unavailability of appropriate child care within a
542 reasonable distance from the individual’s home or worksite.
543 2. Unavailability or unsuitability of informal child care
544 by a relative or under other arrangements.
545 3. Unavailability of appropriate and affordable formal
546 child care arrangements.
547 (d) Noncompliance related to medical incapacity.—If an
548 individual cannot participate in assigned work activities due to
549 a medical incapacity, the individual may be excepted from the
550 activity for a specific period, except that the individual shall
551 be required to comply with the course of treatment necessary for
552 the individual to resume participation. A participant may not be
553 excused from work activity requirements unless the participant’s
554 medical incapacity is verified by a physician licensed under
555 chapter 458 or chapter 459, in accordance with procedures
556 established by rule of the department. An individual for whom
557 there is medical verification of limitation to participate in
558 work activities shall be assigned to work activities consistent
559 with such limitations. Evaluation of an individual’s ability to
560 participate in work activities or development of a plan for work
561 activity assignment may include vocational assessment or work
562 evaluation. The department or a local regional workforce
563 development board may require an individual to cooperate in
564 medical or vocational assessment necessary to evaluate the
565 individual’s ability to participate in a work activity.
566 (e) Noncompliance related to outpatient mental health or
567 substance abuse treatment.—If an individual cannot participate
568 in the required hours of work activity due to a need to become
569 or remain involved in outpatient mental health or substance
570 abuse counseling or treatment, the individual may be exempted
571 from the work activity for up to 5 hours per week, not to exceed
572 100 hours per year. An individual may not be excused from a work
573 activity unless a mental health or substance abuse professional
574 recognized by the department or local regional workforce
575 development board certifies the treatment protocol and provides
576 verification of attendance at the counseling or treatment
577 sessions each week.
578 Section 11. Paragraph (d) of subsection (1) of section
579 414.085, Florida Statutes, is amended to read:
580 414.085 Income eligibility standards.—
581 (1) For purposes of program simplification and effective
582 program management, certain income definitions, as outlined in
583 the food assistance regulations at 7 C.F.R. s. 273.9, shall be
584 applied to the temporary cash assistance program as determined
585 by the department to be consistent with federal law regarding
586 temporary cash assistance and Medicaid for needy families,
587 except as to the following:
588 (d) An incentive payment to a participant authorized by a
589 local regional workforce development board may shall not be
590 considered income.
591 Section 12. Subsection (1) of section 414.095, Florida
592 Statutes, is amended to read:
593 414.095 Determining eligibility for temporary cash
594 assistance.—
595 (1) ELIGIBILITY.—An applicant must meet eligibility
596 requirements of this section before receiving services or
597 temporary cash assistance under this chapter, except that an
598 applicant shall be required to register for work and engage in
599 work activities in accordance with s. 445.024, as designated by
600 the local regional workforce development board, and may receive
601 support services or child care assistance in conjunction with
602 such requirement. The department shall make a determination of
603 eligibility based on the criteria listed in this chapter. The
604 department shall monitor continued eligibility for temporary
605 cash assistance through periodic reviews consistent with the
606 food assistance eligibility process. Benefits may shall not be
607 denied to an individual solely based on a felony drug
608 conviction, unless the conviction is for trafficking pursuant to
609 s. 893.135. To be eligible under this section, an individual
610 convicted of a drug felony must be satisfactorily meeting the
611 requirements of the temporary cash assistance program, including
612 all substance abuse treatment requirements. Within the limits
613 specified in this chapter, the state opts out of the provision
614 of Pub. L. No. 104-193, s. 115, that eliminates eligibility for
615 temporary cash assistance and food assistance for any individual
616 convicted of a controlled substance felony.
617 Section 13. Subsections (3) and (10) of section 414.105,
618 Florida Statutes, are amended to read:
619 414.105 Time limitations of temporary cash assistance.
620 Except as otherwise provided in this section, an applicant or
621 current participant shall receive temporary cash assistance for
622 no more than a lifetime cumulative total of 48 months, unless
623 otherwise provided by law.
624 (3) The department, in cooperation with CareerSource
625 Florida, Inc., shall establish a procedure for approving
626 hardship exemptions and for reviewing hardship cases at least
627 once every 2 years. Local Regional workforce development boards
628 may assist in making these determinations.
629 (10) A member of the staff of the local regional workforce
630 development board shall interview and assess the employment
631 prospects and barriers of each participant who is within 6
632 months of reaching the 48-month time limit. The staff member
633 shall assist the participant in identifying actions necessary to
634 become employed before prior to reaching the benefit time limit
635 for temporary cash assistance and, if appropriate, shall refer
636 the participant for services that could facilitate employment.
637 Section 14. Section 414.106, Florida Statutes, is amended
638 to read:
639 414.106 Exemption from public meetings law.—That portion of
640 a meeting held by the department, CareerSource Florida, Inc., or
641 a local regional workforce development board or local committee
642 created pursuant to s. 445.007 at which personal identifying
643 information contained in records relating to temporary cash
644 assistance is discussed is exempt from s. 286.011 and s. 24(b),
645 Art. I of the State Constitution if the information identifies a
646 participant, a participant’s family, or a participant’s family
647 or household member.
648 Section 15. Subsection (1) of section 414.295, Florida
649 Statutes, is amended to read:
650 414.295 Temporary cash assistance programs; public records
651 exemption.—
652 (1) Personal identifying information of a temporary cash
653 assistance program participant, a participant’s family, or a
654 participant’s family or household member, except for information
655 identifying a parent who does not live in the same home as the
656 child, which is held by the department, the Office of Early
657 Learning, CareerSource Florida, Inc., the Department of Health,
658 the Department of Revenue, the Department of Education, or a
659 local regional workforce development board or local committee
660 created pursuant to s. 445.007 is confidential and exempt from
661 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
662 Such confidential and exempt information may be released for
663 purposes directly connected with:
664 (a) The administration of the temporary assistance for
665 needy families plan under Title IV-A of the Social Security Act,
666 as amended, by the department, the Office of Early Learning,
667 CareerSource Florida, Inc., the Department of Military Affairs,
668 the Department of Health, the Department of Revenue, the
669 Department of Education, a local regional workforce development
670 board or local committee created pursuant to s. 445.007, or a
671 school district.
672 (b) The administration of the state’s plan or program
673 approved under Title IV-B, Title IV-D, or Title IV-E of the
674 Social Security Act, as amended, or under Title I, Title X,
675 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
676 Social Security Act, as amended.
677 (c) An investigation, prosecution, or criminal, civil, or
678 administrative proceeding conducted in connection with the
679 administration of any of the plans or programs specified in
680 paragraph (a) or paragraph (b) by a federal, state, or local
681 governmental entity, upon request by that entity, if such
682 request is made pursuant to the proper exercise of that entity’s
683 duties and responsibilities.
684 (d) The administration of any other state, federal, or
685 federally assisted program that provides assistance or services
686 on the basis of need, in cash or in kind, directly to a
687 participant.
688 (e) An audit or similar activity, such as a review of
689 expenditure reports or financial review, conducted in connection
690 with the administration of plans or programs specified in
691 paragraph (a) or paragraph (b) by a governmental entity
692 authorized by law to conduct such audit or activity.
693 (f) The administration of the reemployment assistance
694 program.
695 (g) The reporting to the appropriate agency or official of
696 information about known or suspected instances of physical or
697 mental injury, sexual abuse or exploitation, or negligent
698 treatment or maltreatment of a child or elderly person receiving
699 assistance, if circumstances indicate that the health or welfare
700 of the child or elderly person is threatened.
701 (h) The administration of services to elderly persons under
702 ss. 430.601-430.606.
703 Section 16. Paragraph (e) of subsection (1) of section
704 420.623, Florida Statutes, is amended to read:
705 420.623 Local coalitions for the homeless.—
706 (1) ESTABLISHMENT.—The department shall establish local
707 coalitions to plan, network, coordinate, and monitor the
708 delivery of services to the homeless. Appropriate local groups
709 and organizations involved in providing services for the
710 homeless and interested business groups and associations shall
711 be given an opportunity to participate in such coalitions,
712 including, but not limited to:
713 (e) Local Regional workforce development boards.
714 Section 17. Subsection (8) of section 420.624, Florida
715 Statutes, is amended to read:
716 420.624 Local homeless assistance continuum of care.—
717 (8) Continuum of care plans must promote participation by
718 all interested individuals and organizations and may not exclude
719 individuals and organizations on the basis of race, color,
720 national origin, sex, handicap, familial status, or religion.
721 Faith-based organizations must be encouraged to participate. To
722 the extent possible, these components should be coordinated and
723 integrated with other mainstream health, social services, and
724 employment programs for which homeless populations may be
725 eligible, including Medicaid, State Children’s Health Insurance
726 Program, Temporary Assistance for Needy Families, Food
727 Assistance Program, and services funded through the Mental
728 Health and Substance Abuse Block Grant, the Workforce Innovation
729 and Opportunity Investment Act, and the welfare-to-work grant
730 program.
731 Section 18. Subsection (27) of section 427.013, Florida
732 Statutes, is amended to read:
733 427.013 The Commission for the Transportation
734 Disadvantaged; purpose and responsibilities.—The purpose of the
735 commission is to accomplish the coordination of transportation
736 services provided to the transportation disadvantaged. The goal
737 of this coordination is to assure the cost-effective provision
738 of transportation by qualified community transportation
739 coordinators or transportation operators for the transportation
740 disadvantaged without any bias or presumption in favor of
741 multioperator systems or not-for-profit transportation operators
742 over single operator systems or for-profit transportation
743 operators. In carrying out this purpose, the commission shall:
744 (27) Ensure that local community transportation
745 coordinators work cooperatively with local regional workforce
746 development boards established in chapter 445 to provide
747 assistance in the development of innovative transportation
748 services for participants in the welfare transition program.
749 Section 19. Subsection (9) of section 427.0155, Florida
750 Statutes, is amended to read:
751 427.0155 Community transportation coordinators; powers and
752 duties.—Community transportation coordinators shall have the
753 following powers and duties:
754 (9) Work cooperatively with local regional workforce
755 development boards established in chapter 445 to provide
756 assistance in the development of innovative transportation
757 services for participants in the welfare transition program.
758 Section 20. Subsection (7) of section 427.0157, Florida
759 Statutes, is amended to read:
760 427.0157 Coordinating boards; powers and duties.—The
761 purpose of each coordinating board is to develop local service
762 needs and to provide information, advice, and direction to the
763 community transportation coordinators on the coordination of
764 services to be provided to the transportation disadvantaged. The
765 commission shall, by rule, establish the membership of
766 coordinating boards. The members of each board shall be
767 appointed by the metropolitan planning organization or
768 designated official planning agency. The appointing authority
769 shall provide each board with sufficient staff support and
770 resources to enable the board to fulfill its responsibilities
771 under this section. Each board shall meet at least quarterly and
772 shall:
773 (7) Work cooperatively with local regional workforce
774 development boards established in chapter 445 to provide
775 assistance in the development of innovative transportation
776 services for participants in the welfare transition program.
777 Section 21. Paragraphs (b) and (c) of subsection (1) of
778 section 443.091, Florida Statutes, are amended to read:
779 443.091 Benefit eligibility conditions.—
780 (1) An unemployed individual is eligible to receive
781 benefits for any week only if the Department of Economic
782 Opportunity finds that:
783 (b) She or he has completed the department’s online work
784 registration and subsequently reports to the one-stop career
785 center as directed by the local regional workforce development
786 board for reemployment services. This requirement does not apply
787 to persons who are:
788 1. Non-Florida residents;
789 2. On a temporary layoff;
790 3. Union members who customarily obtain employment through
791 a union hiring hall;
792 4. Claiming benefits under an approved short-time
793 compensation plan as provided in s. 443.1116; or
794 5. Unable to complete the online work registration due to
795 illiteracy, physical or mental impairment, a legal prohibition
796 from using a computer, or a language impediment. If a person is
797 exempted from the online work registration under this
798 subparagraph, then the filing of his or her claim constitutes
799 registration for work.
800 (c) To make continued claims for benefits, she or he is
801 reporting to the department in accordance with this paragraph
802 and department rules. Department rules may not conflict with s.
803 443.111(1)(b), which requires that each claimant continue to
804 report regardless of any pending appeal relating to her or his
805 eligibility or disqualification for benefits.
806 1. For each week of unemployment claimed, each report must,
807 at a minimum, include the name, address, and telephone number of
808 each prospective employer contacted, or the date the claimant
809 reported to a one-stop career center, pursuant to paragraph (d).
810 2. The department shall offer an online assessment aimed at
811 identifying an individual’s skills, abilities, and career
812 aptitude. The skills assessment must be voluntary, and the
813 department shall allow a claimant to choose whether to take the
814 skills assessment. The online assessment shall be made available
815 to any person seeking services from a local regional workforce
816 development board or a one-stop career center.
817 a. If the claimant chooses to take the online assessment,
818 the outcome of the assessment shall be made available to the
819 claimant, local regional workforce development board, and one
820 stop career center. The department, local workforce development
821 board, or one-stop career center shall use the assessment to
822 develop a plan for referring individuals to training and
823 employment opportunities. Aggregate data on assessment outcomes
824 may be made available to CareerSource Florida, Inc., and
825 Enterprise Florida, Inc., for use in the development of policies
826 related to education and training programs that will ensure that
827 businesses in this state have access to a skilled and competent
828 workforce.
829 b. Individuals shall be informed of and offered services
830 through the one-stop delivery system, including career
831 counseling, the provision of skill match and job market
832 information, and skills upgrade and other training
833 opportunities, and shall be encouraged to participate in such
834 services at no cost to the individuals. The department shall
835 coordinate with CareerSource Florida, Inc., the local workforce
836 development boards, and the one-stop career centers to identify,
837 develop, and use best practices for improving the skills of
838 individuals who choose to participate in skills upgrade and
839 other training opportunities. The department may contract with
840 an entity to create the online assessment in accordance with the
841 competitive bidding requirements in s. 287.057. The online
842 assessment must work seamlessly with the Reemployment Assistance
843 Claims and Benefits Information System.
844 Section 22. Paragraph (c) of subsection (5) of section
845 443.1116, Florida Statutes, is amended to read:
846 443.1116 Short-time compensation.—
847 (5) ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION
848 BENEFITS.—
849 (c) The department may not deny short-time compensation
850 benefits to an individual who is otherwise eligible for these
851 benefits for any week because such individual is participating
852 in an employer-sponsored training or a training under the
853 Workforce Innovation and Opportunity Investment Act to improve
854 job skills when the training is approved by the department.
855 Section 23. Section 445.003, Florida Statutes, is amended
856 to read:
857 445.003 Implementation of the federal Workforce Innovation
858 and Opportunity Investment Act of 1998.—
859 (1) WORKFORCE INNOVATION AND OPPORTUNITY INVESTMENT ACT
860 PRINCIPLES.—The state’s approach to implementing the federal
861 Workforce Innovation and Opportunity Investment Act of 1998,
862 Pub. L. No. 113-128 105-220, should have six elements:
863 (a) Streamlining services.—Florida’s employment and
864 training programs must be coordinated and consolidated at
865 locally managed one-stop delivery system centers.
866 (b) Empowering individuals.—Eligible participants will make
867 informed decisions, choosing the qualified training program that
868 best meets their needs.
869 (c) Universal access.—Through a one-stop delivery system,
870 every Floridian will have access to employment services.
871 (d) Increased accountability.—The state, localities, and
872 training providers will be held accountable for their
873 performance.
874 (e) Local board and private sector leadership.—Local
875 workforce development boards will focus on strategic planning,
876 policy development, and oversight of the local system, choosing
877 local managers to direct the operational details of their one
878 stop delivery system centers.
879 (f) Local flexibility and integration.—Localities will have
880 exceptional flexibility to build on existing reforms. Unified
881 planning will free local groups from conflicting
882 micromanagement, while waivers and WorkFlex will allow local
883 innovations.
884 (2) FOUR-YEAR FIVE-YEAR PLAN.—CareerSource Florida, Inc.,
885 shall prepare and submit a 4-year 5-year plan, consistent with
886 the requirements of the Workforce Innovation and Opportunity Act
887 which must include secondary career education, to fulfill the
888 early implementation requirements of Pub. L. No. 105-220 and
889 applicable state statutes. Mandatory and optional federal
890 partners shall be fully involved in designing the plan’s one
891 stop delivery system strategy. The plan must shall clearly
892 define each program’s statewide duties and role relating to the
893 system. Any optional federal partner may immediately choose to
894 fully integrate its program’s plan with this plan, which shall,
895 notwithstanding any other state provisions, fulfill all their
896 state planning and reporting requirements as they relate to the
897 one-stop delivery system. The plan must detail a process that
898 would fully integrate all federally mandated and optional
899 partners by the second year of the plan. All optional federal
900 program partners in the planning process shall be mandatory
901 participants in the second year of the plan.
902 (3) FUNDING.—
903 (a) Title I, Workforce Innovation and Opportunity
904 Investment Act of 1998 funds; Wagner-Peyser funds; and
905 NAFTA/Trade Act funds will be expended based on the 4-year 5
906 year plan of CareerSource Florida, Inc. The plan must shall
907 outline and direct the method used to administer and coordinate
908 various funds and programs that are operated by various
909 agencies. The following provisions apply to these funds:
910 1. At least 50 percent of the Title I funds for Adults and
911 Dislocated Workers which are passed through to local regional
912 workforce development boards shall be allocated to and expended
913 on Individual Training Accounts unless a local regional
914 workforce development board obtains a waiver from CareerSource
915 Florida, Inc. Tuition, books, and fees of training providers and
916 other training services prescribed and authorized by the
917 Workforce Innovation and Opportunity Investment Act of 1998
918 qualify as Individual Training Account expenditures.
919 2. Fifteen percent of Title I funding shall be retained at
920 the state level and dedicated to state administration and shall
921 be used to design, develop, induce, and fund innovative
922 Individual Training Account pilots, demonstrations, and
923 programs. Of such funds retained at the state level, $2 million
924 shall be reserved for the Incumbent Worker Training Program
925 created under subparagraph 3. Eligible state administration
926 costs include the costs of: funding for the board and staff of
927 CareerSource Florida, Inc.; operating fiscal, compliance, and
928 management accountability systems through CareerSource Florida,
929 Inc.; conducting evaluation and research on workforce
930 development activities; and providing technical and capacity
931 building assistance to local workforce development areas regions
932 at the direction of CareerSource Florida, Inc. Notwithstanding
933 s. 445.004, such administrative costs may not exceed 25 percent
934 of these funds. An amount not to exceed 75 percent of these
935 funds shall be allocated to Individual Training Accounts and
936 other workforce development strategies for other training
937 designed and tailored by CareerSource Florida, Inc., including,
938 but not limited to, programs for incumbent workers, displaced
939 homemakers, nontraditional employment, and enterprise zones.
940 CareerSource Florida, Inc., shall design, adopt, and fund
941 Individual Training Accounts for distressed urban and rural
942 communities.
943 3. The Incumbent Worker Training Program is created for the
944 purpose of providing grant funding for continuing education and
945 training of incumbent employees at existing Florida businesses.
946 The program will provide reimbursement grants to businesses that
947 pay for preapproved, direct, training-related costs.
948 a. The Incumbent Worker Training Program will be
949 administered by CareerSource Florida, Inc., which may, at its
950 discretion, contract with a private business organization to
951 serve as grant administrator.
952 b. The program shall be administered pursuant to section
953 134(d)(4) of the Workforce Innovation and Opportunity Act To be
954 eligible for the program’s grant funding, a business must have
955 been in operation in Florida for a minimum of 1 year prior to
956 the application for grant funding; have at least one full-time
957 employee; demonstrate financial viability; and be current on all
958 state tax obligations. Priority for funding shall be given to
959 businesses with 25 employees or fewer, businesses in rural
960 areas, businesses in distressed inner-city areas, businesses in
961 a qualified targeted industry, businesses whose grant proposals
962 represent a significant upgrade in employee skills, or
963 businesses whose grant proposals represent a significant layoff
964 avoidance strategy.
965 c. All costs reimbursed by the program must be preapproved
966 by CareerSource Florida, Inc., or the grant administrator. The
967 program may not reimburse businesses for trainee wages, the
968 purchase of capital equipment, or the purchase of any item or
969 service that may possibly be used outside the training project.
970 A business approved for a grant may be reimbursed for
971 preapproved, direct, training-related costs including tuition,
972 fees, books and training materials, and overhead or indirect
973 costs not to exceed 5 percent of the grant amount.
974 d. A business that is selected to receive grant funding
975 must provide a matching contribution to the training project,
976 including, but not limited to, wages paid to trainees or the
977 purchase of capital equipment used in the training project; must
978 sign an agreement with CareerSource Florida, Inc., or the grant
979 administrator to complete the training project as proposed in
980 the application; must keep accurate records of the project’s
981 implementation process; and must submit monthly or quarterly
982 reimbursement requests with required documentation.
983 e. All Incumbent Worker Training Program grant projects
984 shall be performance-based with specific measurable performance
985 outcomes, including completion of the training project and job
986 retention. CareerSource Florida, Inc., or the grant
987 administrator shall withhold the final payment to the grantee
988 until a final grant report is submitted and all performance
989 criteria specified in the grant contract have been achieved.
990 f. CareerSource Florida, Inc., may establish guidelines
991 necessary to implement the Incumbent Worker Training Program.
992 g. No more than 10 percent of the Incumbent Worker Training
993 Program’s total appropriation may be used for overhead or
994 indirect purposes.
995 4. At least 50 percent of Rapid Response funding shall be
996 dedicated to Intensive Services Accounts and Individual Training
997 Accounts for dislocated workers and incumbent workers who are at
998 risk of dislocation. CareerSource Florida, Inc., shall also
999 maintain an Emergency Preparedness Fund from Rapid Response
1000 funds, which will immediately issue Intensive Service Accounts,
1001 Individual Training Accounts, and other federally authorized
1002 assistance to eligible victims of natural or other disasters. At
1003 the direction of the Governor, these Rapid Response funds shall
1004 be released to local regional workforce development boards for
1005 immediate use after events that qualify under federal law.
1006 Funding shall also be dedicated to maintain a unit at the state
1007 level to respond to Rapid Response emergencies and to work with
1008 state emergency management officials and local regional
1009 workforce development boards. All Rapid Response funds must be
1010 expended based on a plan developed by CareerSource Florida,
1011 Inc., and approved by the Governor.
1012 (b) The administrative entity for Title I, Workforce
1013 Innovation and Opportunity Investment Act of 1998 funds, and
1014 Rapid Response activities is the Department of Economic
1015 Opportunity, which shall provide direction to local regional
1016 workforce development boards regarding Title I programs and
1017 Rapid Response activities pursuant to the direction of
1018 CareerSource Florida, Inc.
1019 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
1020 MODIFICATIONS.—
1021 (a) CareerSource Florida, Inc., may provide indemnification
1022 from audit liabilities to local regional workforce development
1023 boards that act in full compliance with state law and board
1024 policy.
1025 (b) CareerSource Florida, Inc., may negotiate and settle
1026 all outstanding issues with the United States Department of
1027 Labor relating to decisions made by CareerSource Florida, Inc.,
1028 any predecessor workforce organization, and the Legislature with
1029 regard to the Job Training Partnership Act, making settlements
1030 and closing out all JTPA program year grants.
1031 (b)(c) CareerSource Florida, Inc., may make modifications
1032 to the state’s plan, policies, and procedures to comply with
1033 federally mandated requirements that in its judgment must be
1034 complied with to maintain funding provided pursuant to Pub. L.
1035 No. 113-128 105-220. The board shall provide written notice to
1036 the Governor, the President of the Senate, and the Speaker of
1037 the House of Representatives within 30 days after any such
1038 changes or modifications.
1039 (c) CareerSource Florida, Inc., shall enter into a
1040 memorandum of understanding with the Florida Department of
1041 Education to ensure that federally mandated requirements of Pub.
1042 L. No. 113-128 are met and are in compliance with the state plan
1043 for workforce development.
1044 (5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.
1045 CareerSource Florida, Inc., may recommend workforce-related
1046 divisions, bureaus, units, programs, duties, commissions,
1047 boards, and councils for elimination, consolidation, or
1048 privatization.
1049 Section 24. Subsections (3), (4), (5), (9), (11), and (12)
1050 of section 445.004, Florida Statutes, are amended to read:
1051 445.004 CareerSource Florida, Inc.; creation; purpose;
1052 membership; duties and powers.—
1053 (3)(a) CareerSource Florida, Inc., shall be governed by a
1054 board of directors, whose membership and appointment must be
1055 consistent with Pub. L. No. 113-128, Title I, s. 101(b) 105-220,
1056 Title I, s. 111(b). Members described in Pub. L. No. 113-128,
1057 Title I, s. 101(b)(1)(C)(iii)(I)(aa) 105-220, Title I, s.
1058 111(b)(1)(C)(vi) shall be nonvoting members. The number of
1059 directors shall be determined by the Governor, who shall
1060 consider the importance of minority, gender, and geographic
1061 representation in making appointments to the board. When the
1062 Governor is in attendance, he or she shall preside at all
1063 meetings of the board of directors.
1064 (b) The board of directors of CareerSource Florida, Inc.,
1065 shall be chaired by a board member designated by the Governor
1066 pursuant to Pub. L. No. 113-128 105-220. A member may not serve
1067 more than two terms.
1068 (c) Members appointed by the Governor may serve no more
1069 than two terms and must be appointed for 3-year terms. However,
1070 in order to establish staggered terms for board members, the
1071 Governor shall appoint or reappoint one-third of the board
1072 members for 1-year terms, one-third of the board members for 2
1073 year terms, and one-third of the board members for 3-year terms
1074 beginning July 1, 2016 2005. Subsequent appointments or
1075 reappointments shall be for 3-year terms, except that a member
1076 appointed to fill a vacancy on the board shall be appointed to
1077 serve only the remainder of the term of the member whom he or
1078 she is replacing, and may be appointed for a subsequent 3-year
1079 term. Private sector representatives of businesses, appointed by
1080 the Governor pursuant to Pub. L. No. 113-128 105-220, shall
1081 constitute a majority of the membership of the board. Private
1082 sector representatives shall be appointed from nominations
1083 received by the Governor, including, but not limited to, those
1084 nominations made by the President of the Senate and the Speaker
1085 of the House of Representatives. Private sector appointments to
1086 the board must be representative of the business community of
1087 this state; no fewer than one-half of the appointments must be
1088 representative of small businesses, and at least five members
1089 must have economic development experience. Members appointed by
1090 the Governor serve at the pleasure of the Governor and are
1091 eligible for reappointment.
1092 (d) The board must include the vice chairperson of the
1093 board of directors of Enterprise Florida, Inc., and one member
1094 representing each of the Workforce Innovation and Opportunity
1095 Act partners, including the Division of Career and Adult
1096 Education, and other entities representing programs identified
1097 in the Workforce Innovation and Opportunity Act, as determined
1098 necessary.
1099 (e)(d) A member of the board of directors of CareerSource
1100 Florida, Inc., may be removed by the Governor for cause. Absence
1101 from three consecutive meetings results in automatic removal.
1102 The chair of CareerSource Florida, Inc., shall notify the
1103 Governor of such absences.
1104 (f)(e) Representatives of businesses appointed to the board
1105 of directors may not include providers of workforce services.
1106 (4)(a) The president of CareerSource Florida, Inc., shall
1107 be hired by the board of directors of CareerSource Florida,
1108 Inc., and shall serve at the pleasure of the Governor in the
1109 capacity of an executive director and secretary of CareerSource
1110 Florida, Inc.
1111 (b) The board of directors of CareerSource Florida, Inc.,
1112 shall meet at least quarterly and at other times upon the call
1113 of its chair. The board and its committees, subcommittees, or
1114 other subdivisions may use any method of telecommunications to
1115 conduct meetings, including establishing a quorum through
1116 telecommunications, if the public is given proper notice of the
1117 telecommunications meeting and is given reasonable access to
1118 observe and, if appropriate, participate.
1119 (c) A majority of the total current membership of the board
1120 of directors of CareerSource Florida, Inc., constitutes a
1121 quorum.
1122 (d) A majority of those voting is required to organize and
1123 conduct the business of the board, except that a majority of the
1124 entire board of directors is required to adopt or amend the
1125 bylaws.
1126 (e) Except as delegated or authorized by the board of
1127 directors of CareerSource Florida, Inc., individual members have
1128 no authority to control or direct the operations of CareerSource
1129 Florida, Inc., or the actions of its officers and employees,
1130 including the president.
1131 (f) Members of the board of directors of CareerSource
1132 Florida, Inc., and its committees serve without compensation,
1133 but these members, the president, and the employees of
1134 CareerSource Florida, Inc., may be reimbursed for all
1135 reasonable, necessary, and actual expenses pursuant to s.
1136 112.061.
1137 (g) The board of directors of CareerSource Florida, Inc.,
1138 may establish an executive committee consisting of the chair and
1139 at least six additional board members selected by the chair, one
1140 of whom must be a representative of organized labor. The
1141 executive committee and the president have such authority as the
1142 board delegates to them, except that the board of directors may
1143 not delegate to the executive committee authority to take action
1144 that requires approval by a majority of the entire board of
1145 directors.
1146 (h) The chair may appoint committees to fulfill the board’s
1147 responsibilities, to comply with federal requirements, or to
1148 obtain technical assistance, and must incorporate members of
1149 local regional workforce development boards into its structure.
1150 (i) Each member of the board of directors who is not
1151 otherwise required to file a financial disclosure pursuant to s.
1152 8, Art. II of the State Constitution or s. 112.3144 must file
1153 disclosure of financial interests pursuant to s. 112.3145.
1154 (5) CareerSource Florida, Inc., shall have all the powers
1155 and authority not explicitly prohibited by statute which are
1156 necessary or convenient to carry out and effectuate its purposes
1157 as determined by statute, Pub. L. No. 113-128 105-220, and the
1158 Governor, as well as its functions, duties, and
1159 responsibilities, including, but not limited to, the following:
1160 (a) Serving as the state’s Workforce Development Investment
1161 Board pursuant to Pub. L. No. 113-128 105-220. Unless otherwise
1162 required by federal law, at least 90 percent of workforce
1163 development funding must go toward direct customer service.
1164 (b) Providing oversight and policy direction to ensure that
1165 the following programs are administered by the department in
1166 compliance with approved plans and under contract with
1167 CareerSource Florida, Inc.:
1168 1. Programs authorized under Title I of the Workforce
1169 Investment Innovation and Opportunity Act of 1998, Pub. L. No.
1170 113-128 105-220, with the exception of programs funded directly
1171 by the United States Department of Labor under Title I, s. 167.
1172 2. Programs authorized under the Wagner-Peyser Act of 1933,
1173 as amended, 29 U.S.C. ss. 49 et seq.
1174 3. Activities authorized under Title II of the Trade Act of
1175 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
1176 Adjustment Assistance Program.
1177 4. Activities authorized under 38 U.S.C. chapter 41,
1178 including job counseling, training, and placement for veterans.
1179 5. Employment and training activities carried out under
1180 funds awarded to this state by the United States Department of
1181 Housing and Urban Development.
1182 6. Welfare transition services funded by the Temporary
1183 Assistance for Needy Families Program, created under the
1184 Personal Responsibility and Work Opportunity Reconciliation Act
1185 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
1186 of the Social Security Act, as amended.
1187 7. Displaced homemaker programs, provided under s. 446.50.
1188 8. The Florida Bonding Program, provided under Pub. L. No.
1189 97-300, s. 164(a)(1).
1190 9. The Food Assistance Employment and Training Program,
1191 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
1192 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
1193 and the Hunger Prevention Act, Pub. L. No. 100-435.
1194 10. The Quick-Response Training Program, provided under ss.
1195 288.046-288.047. Matching funds and in-kind contributions that
1196 are provided by clients of the Quick-Response Training Program
1197 shall count toward the requirements of s. 288.904, pertaining to
1198 the return on investment from activities of Enterprise Florida,
1199 Inc.
1200 11. The Work Opportunity Tax Credit, provided under the Tax
1201 and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
1202 the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
1203 12. Offender placement services, provided under ss.
1204 944.707-944.708.
1205 (c) The department may adopt rules necessary to administer
1206 the provisions of this chapter which relate to implementing and
1207 administering the programs listed in paragraph (b) as well as
1208 rules related to eligible training providers and auditing and
1209 monitoring subrecipients of the workforce system grant funds.
1210 (d) Contracting with public and private entities as
1211 necessary to further the directives of this section. All
1212 contracts executed by CareerSource Florida, Inc., must include
1213 specific performance expectations and deliverables. All
1214 CareerSource Florida, Inc., contracts, including those
1215 solicited, managed, or paid by the department pursuant to s.
1216 20.60(5)(c) are exempt from s. 112.061, but shall be governed by
1217 subsection (1).
1218 (e) Notifying the Governor, the President of the Senate,
1219 and the Speaker of the House of Representatives of noncompliance
1220 by the department or other agencies or obstruction of the
1221 board’s efforts by such agencies. Upon such notification, the
1222 Executive Office of the Governor shall assist agencies to bring
1223 them into compliance with board objectives.
1224 (f) Ensuring that the state does not waste valuable
1225 training resources. The board shall direct that all resources,
1226 including equipment purchased for training Workforce Innovation
1227 and Opportunity Investment Act clients, be available for use at
1228 all times by eligible populations as first priority users. At
1229 times when eligible populations are not available, such
1230 resources shall be used for any other state-authorized education
1231 and training purpose. CareerSource Florida, Inc., may authorize
1232 expenditures to award suitable framed certificates, pins, or
1233 other tokens of recognition for performance by a local regional
1234 workforce development board, its committees and subdivisions,
1235 and other units of the workforce system. CareerSource Florida,
1236 Inc., may also authorize expenditures for promotional items,
1237 such as t-shirts, hats, or pens printed with messages promoting
1238 the state’s workforce system to employers, job seekers, and
1239 program participants. However, such expenditures are subject to
1240 federal regulations applicable to the expenditure of federal
1241 funds.
1242 (g) Establishing a dispute resolution process for all
1243 memoranda of understanding or other contracts or agreements
1244 entered into between the department and local regional workforce
1245 development boards.
1246 (h) Archiving records with the Bureau of Archives and
1247 Records Management of the Division of Library and Information
1248 Services of the Department of State.
1249 (9) CareerSource Florida, Inc., in collaboration with the
1250 local regional workforce development boards and appropriate
1251 state agencies and local public and private service providers
1252 and in consultation with the Office of Program Policy Analysis
1253 and Government Accountability, shall establish uniform
1254 performance accountability measures that apply across the core
1255 programs and standards to gauge the performance of the state and
1256 local workforce development boards in achieving the workforce
1257 development strategy. These measures and standards must be
1258 organized into three outcome tiers.
1259 (a) The performance accountability measures for the core
1260 programs consist of the primary indicators of performance, any
1261 additional indicators of performance, and a state-adjusted level
1262 of performance for each indicator pursuant to Pub. L. No. 113
1263 128, Title I, s. 116(b) first tier of measures must be organized
1264 to provide benchmarks for systemwide outcomes. CareerSource
1265 Florida, Inc., shall, in collaboration with the Office of
1266 Program Policy Analysis and Government Accountability, establish
1267 goals for the tier-one outcomes. Systemwide outcomes may include
1268 employment in occupations demonstrating continued growth in
1269 wages; continued employment after 3, 6, 12, and 24 months;
1270 reduction in and elimination of public assistance reliance; job
1271 placement; employer satisfaction; and positive return on
1272 investment of public resources.
1273 (b) The performance accountability measures for each local
1274 area consist of the primary indicators of performance, any
1275 additional indicators of performance, and a local level of
1276 performance for each indicator pursuant to Pub. L. No. 113-128.
1277 The local level of performance is determined by the local board,
1278 the chief elected official, and the Governor pursuant to Pub. L.
1279 No. 113-128, Title I, s. 116(c) second tier of measures must be
1280 organized to provide a set of benchmark outcomes for the
1281 strategic components of the workforce development strategy. Cost
1282 per entered employment, earnings at placement, retention in
1283 employment, job placement, and entered employment rate must be
1284 included among the performance outcome measures.
1285 (c) Performance accountability measures shall be used to
1286 generate performance reports pursuant to Pub. L. No. 113-128,
1287 Title I, s. 116(d) The third tier of measures must be the
1288 operational output measures to be used by the agency
1289 implementing programs, which may be specific to federal
1290 requirements. The tier-three measures must be developed by the
1291 agencies implementing programs, which may consult with
1292 CareerSource Florida, Inc., in this effort. Such measures must
1293 be reported to CareerSource Florida, Inc., by the appropriate
1294 implementing agency.
1295 (d) Regional differences must be reflected in the
1296 establishment of performance goals and may include job
1297 availability, unemployment rates, average worker wage, and
1298 available employable population.
1299 (e) Job placement must be reported pursuant to s. 1008.39.
1300 Positive outcomes for providers of education and training must
1301 be consistent with ss. 1008.42 and 1008.43.
1302 (d)(f) The performance accountability uniform measures of
1303 success that are adopted by CareerSource Florida, Inc., or the
1304 local regional workforce development boards must be developed in
1305 a manner that provides for an equitable comparison of the
1306 relative success or failure of any service provider in terms of
1307 positive outcomes.
1308 (g) By December 1 of each year, CareerSource Florida, Inc.,
1309 shall provide the Legislature with a report detailing the
1310 performance of Florida’s workforce development system, as
1311 reflected in the three-tier measurement system. The report also
1312 must benchmark Florida outcomes for all tiers as compared with
1313 other states that collect data similarly.
1314 (11) The workforce development system must use a charter
1315 process approach aimed at encouraging local design and control
1316 of service delivery and targeted activities. CareerSource
1317 Florida, Inc., shall be responsible for granting charters to
1318 local regional workforce development boards that have a
1319 membership consistent with the requirements of federal and state
1320 law and have developed a plan consistent with the state’s
1321 workforce development strategy. The plan must specify methods
1322 for allocating the resources and programs in a manner that
1323 eliminates unwarranted duplication, minimizes administrative
1324 costs, meets the existing job market demands and the job market
1325 demands resulting from successful economic development
1326 activities, ensures access to quality workforce development
1327 services for all Floridians, allows for pro rata or partial
1328 distribution of benefits and services, prohibits the creation of
1329 a waiting list or other indication of an unserved population,
1330 serves as many individuals as possible within available
1331 resources, and maximizes successful outcomes. As part of the
1332 charter process, CareerSource Florida, Inc., shall establish
1333 incentives for effective coordination of federal and state
1334 programs, outline rewards for successful job placements, and
1335 institute collaborative approaches among local service
1336 providers. Local decisionmaking and control shall be important
1337 components for inclusion in this charter application.
1338 (12) CareerSource Florida, Inc., shall enter into agreement
1339 with Space Florida and collaborate with vocational institutes,
1340 community colleges, colleges, and universities in this state, to
1341 develop a workforce development strategy to implement the
1342 workforce provisions of s. 331.3051.
1343 Section 25. Section 445.006, Florida Statutes, is amended
1344 to read:
1345 445.006 State plan Strategic and operational plans for
1346 workforce development.—
1347 (1) STATE PLAN.—CareerSource Florida, Inc., in conjunction
1348 with state and local partners in the workforce system, shall
1349 develop a state plan that produces an educated and skilled
1350 workforce. The state plan must consist of strategic and
1351 operational planning elements. The state plan shall be submitted
1352 by the Governor to the United States Department of Labor
1353 pursuant to the requirements of Pub. L. No. 113-128 strategic
1354 plan that produces skilled employees for employers in the state.
1355 The strategic plan shall be updated or modified by January 1 of
1356 each year.
1357 (2) STRATEGIC PLANNING ELEMENTS.—CareerSource Florida,
1358 Inc., in conjunction with state and local partners in the
1359 workforce system, shall develop strategic planning elements,
1360 pursuant to Pub. L. No. 113-128, Title I, s. 102, for the state
1361 plan.
1362 (a) The strategic planning elements of the state plan must
1363 include, but need not be limited to, strategies for:
1364 1.(a) Fulfilling the workforce system goals and strategies
1365 prescribed in s. 445.004;
1366 2.(b) Aggregating, integrating, and leveraging workforce
1367 system resources;
1368 3.(c) Coordinating the activities of federal, state, and
1369 local workforce system partners;
1370 4.(d) Addressing the workforce needs of small businesses;
1371 and
1372 5.(e) Fostering the participation of rural communities and
1373 distressed urban cores in the workforce system.
1374 (2) CareerSource Florida, Inc., shall establish an
1375 operational plan to implement the state strategic plan. The
1376 operational plan shall be submitted to the Governor and the
1377 Legislature along with the strategic plan and must reflect the
1378 allocation of resources as appropriated by the Legislature to
1379 specific responsibilities enumerated in law. As a component of
1380 the operational plan required under this section, CareerSource
1381 Florida, Inc., shall develop a workforce marketing plan, with
1382 the goal of educating individuals inside and outside the state
1383 about the employment market and employment conditions in the
1384 state. The marketing plan must include, but need not be limited
1385 to, strategies for:
1386 (a) Distributing information to secondary and postsecondary
1387 education institutions about the diversity of businesses in the
1388 state, specific clusters of businesses or business sectors in
1389 the state, and occupations by industry which are in demand by
1390 employers in the state;
1391 (b) Distributing information about and promoting use of the
1392 Internet-based job matching and labor market information system
1393 authorized under s. 445.011; and
1394 (c) Coordinating with Enterprise Florida, Inc., to ensure
1395 that workforce marketing efforts complement the economic
1396 development marketing efforts of the state.
1397 (3) The operational plan must include performance measures,
1398 standards, measurement criteria, and contract guidelines in the
1399 following areas with respect to participants in the welfare
1400 transition program:
1401 (a) Work participation rates, by type of activity;
1402 (b) Caseload trends;
1403 (c) Recidivism;
1404 (d) Participation in diversion and relocation assistance
1405 programs;
1406 (e) Employment retention;
1407 (f) Wage growth; and
1408 (g) Other issues identified by the board of directors of
1409 CareerSource Florida, Inc.
1410 (b)(4) The strategic planning elements plan must include
1411 criteria for allocating workforce resources to local regional
1412 workforce development boards. With respect to allocating funds
1413 to serve customers of the welfare transition program, such
1414 criteria may include weighting factors that indicate the
1415 relative degree of difficulty associated with securing and
1416 retaining employment placements for specific subsets of the
1417 welfare transition caseload.
1418 (3) OPERATIONAL PLANNING ELEMENTS.—CareerSource Florida,
1419 Inc., in conjunction with state and local partners in the
1420 workforce system, shall develop operational planning elements,
1421 pursuant to Pub. L. No. 113-128, Title I, s. 102, for the state
1422 plan.
1423 (5)(a) The operational plan may include a performance-based
1424 payment structure to be used for all welfare transition program
1425 customers which takes into account:
1426 1. The degree of difficulty associated with placement and
1427 retention;
1428 2. The quality of the placement with respect to salary,
1429 benefits, and opportunities for advancement; and
1430 3. The employee’s retention in the placement.
1431 (b) The payment structure may provide for bonus payments of
1432 up to 10 percent of the contract amount to providers that
1433 achieve notable success in achieving contract objectives,
1434 including, but not limited to, success in diverting families in
1435 which there is an adult who is subject to work requirements from
1436 receiving cash assistance and in achieving long-term job
1437 retention and wage growth with respect to welfare transition
1438 program customers. A service provider shall be paid a maximum of
1439 one payment per service for each participant during any given 6
1440 month period.
1441 (6)(a) The operational plan must include strategies that
1442 are designed to prevent or reduce the need for a person to
1443 receive public assistance, including:
1444 1. A teen pregnancy prevention component that includes, but
1445 is not limited to, a plan for implementing the Teen Pregnancy
1446 Prevention Community Initiative within each county of the
1447 services area in which the teen birth rate is higher than the
1448 state average;
1449 2. A component that encourages community-based welfare
1450 prevention and reduction initiatives that increase support
1451 provided by noncustodial parents to their welfare-dependent
1452 children and are consistent with program and financial
1453 guidelines developed by CareerSource Florida, Inc., and the
1454 Commission on Responsible Fatherhood. These initiatives may
1455 include improved paternity establishment, work activities for
1456 noncustodial parents, programs aimed at decreasing out-of
1457 wedlock pregnancies, encouraging involvement of fathers with
1458 their children which includes court-ordered supervised
1459 visitation, and increasing child support payments;
1460 3. A component that encourages formation and maintenance of
1461 two-parent families through, among other things, court-ordered
1462 supervised visitation;
1463 4. A component that fosters responsible fatherhood in
1464 families receiving assistance; and
1465 5. A component that fosters the provision of services that
1466 reduce the incidence and effects of domestic violence on women
1467 and children in families receiving assistance.
1468 (b) Specifications for welfare transition program services
1469 that are to be delivered include, but are not limited to:
1470 1. Initial assessment services prior to an individual being
1471 placed in an employment service, to determine whether the
1472 individual should be referred for relocation, up-front
1473 diversion, education, or employment placement. Assessment
1474 services shall be paid on a fixed unit rate and may not provide
1475 educational or employment placement services.
1476 2. Referral of participants to diversion and relocation
1477 programs.
1478 3. Preplacement services, including assessment, staffing,
1479 career plan development, work orientation, and employability
1480 skills enhancement.
1481 4. Services necessary to secure employment for a welfare
1482 transition program participant.
1483 5. Services necessary to assist participants in retaining
1484 employment, including, but not limited to, remedial education,
1485 language skills, and personal and family counseling.
1486 6. Desired quality of job placements with regard to salary,
1487 benefits, and opportunities for advancement.
1488 7. Expectations regarding job retention.
1489 8. Strategies to ensure that transition services are
1490 provided to participants for the mandated period of eligibility.
1491 9. Services that must be provided to the participant
1492 throughout an education or training program, such as monitoring
1493 attendance and progress in the program.
1494 10. Services that must be delivered to welfare transition
1495 program participants who have a deferral from work requirements
1496 but wish to participate in activities that meet federal
1497 participation requirements.
1498 11. Expectations regarding continued participant awareness
1499 of available services and benefits.
1500 Section 26. Section 445.007, Florida Statutes, is amended
1501 to read:
1502 445.007 Local Regional workforce development boards.—
1503 (1) One regional workforce development board shall be
1504 appointed in each designated service delivery area and shall
1505 serve as the local workforce development investment board
1506 pursuant to Pub. L. No. 113-128 105-220. The membership of the
1507 board must shall be consistent with Pub. L. No. 113-128 105-220,
1508 Title I, s. 107(b) s. 117(b) but may not exceed the minimum
1509 membership required in Pub. L. No. 105-220, Title I, s.
1510 117(b)(2)(A) and in this subsection. Upon approval by the
1511 Governor, the chief elected official may appoint additional
1512 members above the limit set by this subsection. If a public
1513 education or training provider is represented on the board, a
1514 representative of a private nonprofit provider and a
1515 representative of a private for-profit provider must also be
1516 appointed to the board. The board shall include one nonvoting
1517 representative from a military installation if a military
1518 installation is located within the region and the appropriate
1519 military command or organization authorizes such representation.
1520 It is the intent of the Legislature that membership of a
1521 regional workforce board include persons who are current or
1522 former recipients of welfare transition assistance as defined in
1523 s. 445.002(2) or workforce services as provided in s. 445.009(1)
1524 or that such persons be included as ex officio members of the
1525 board or of committees organized by the board. The importance of
1526 minority and gender representation shall be considered when
1527 making appointments to the board. The board, its committees,
1528 subcommittees, and subdivisions, and other units of the
1529 workforce system, including units that may consist in whole or
1530 in part of local governmental units, may use any method of
1531 telecommunications to conduct meetings, including establishing a
1532 quorum through telecommunications, provided that the public is
1533 given proper notice of the telecommunications meeting and
1534 reasonable access to observe and, when appropriate, participate.
1535 Local Regional workforce development boards are subject to
1536 chapters 119 and 286 and s. 24, Art. I of the State
1537 Constitution. If the local regional workforce development board
1538 enters into a contract with an organization or individual
1539 represented on the board of directors, the contract must be
1540 approved by a two-thirds vote of the board, a quorum having been
1541 established, and the board member who could benefit financially
1542 from the transaction must abstain from voting on the contract. A
1543 board member must disclose any such conflict in a manner that is
1544 consistent with the procedures outlined in s. 112.3143. Each
1545 member of a local regional workforce development board who is
1546 not otherwise required to file a full and public disclosure of
1547 financial interests pursuant to s. 8, Art. II of the State
1548 Constitution or s. 112.3144 shall file a statement of financial
1549 interests pursuant to s. 112.3145. The executive director or
1550 designated person responsible for the operational and
1551 administrative functions of the local regional workforce
1552 development board who is not otherwise required to file a full
1553 and public disclosure of financial interests pursuant to s. 8,
1554 Art. II of the State Constitution or s. 112.3144 shall file a
1555 statement of financial interests pursuant to s. 112.3145.
1556 (2)(a) The local regional workforce development board shall
1557 elect a chair from among the representatives described in Pub.
1558 L. No. 113-128 105-220, Title I, s. 107(b)(2)(A) s.
1559 117(b)(2)(A)(i) to serve for a term of no more than 2 years and
1560 shall serve no more than two terms.
1561 (b) The Governor may remove a member of the board, the
1562 executive director of the board, or the designated person
1563 responsible for the operational and administrative functions of
1564 the board for cause. As used in this paragraph, the term “cause”
1565 includes, but is not limited to, engaging in fraud or other
1566 criminal acts, incapacity, unfitness, neglect of duty, official
1567 incompetence and irresponsibility, misfeasance, malfeasance,
1568 nonfeasance, or lack of performance.
1569 (3) The Department of Economic Opportunity, under the
1570 direction of CareerSource Florida, Inc., shall assign staff to
1571 meet with each local regional workforce development board
1572 annually to review the board’s performance and to certify that
1573 the board is in compliance with applicable state and federal
1574 law.
1575 (4) In addition to the duties and functions specified by
1576 CareerSource Florida, Inc., and by the interlocal agreement
1577 approved by the local county or city governing bodies, the local
1578 regional workforce development board shall have the following
1579 responsibilities:
1580 (a) Develop, submit, ratify, or amend the local plan
1581 pursuant to Pub. L. No. 113-128, Title I, s. 108 105-220, Title
1582 I, s. 118, and the provisions of this act.
1583 (b) Conclude agreements necessary to designate the fiscal
1584 agent and administrative entity. A public or private entity,
1585 including an entity established pursuant to s. 163.01, which
1586 makes a majority of the appointments to a local regional
1587 workforce development board may serve as the board’s
1588 administrative entity if approved by CareerSource Florida, Inc.,
1589 based upon a showing that a fair and competitive process was
1590 used to select the administrative entity.
1591 (c) Complete assurances required for the charter process of
1592 CareerSource Florida, Inc., and provide ongoing oversight
1593 related to administrative costs, duplicated services, career
1594 counseling, economic development, equal access, compliance and
1595 accountability, and performance outcomes.
1596 (d) Oversee the one-stop delivery system in its local area.
1597 (5) CareerSource Florida, Inc., shall implement a training
1598 program for the local regional workforce development boards to
1599 familiarize board members with the state’s workforce development
1600 goals and strategies.
1601 (6) The local regional workforce development board shall
1602 designate all local service providers and may not transfer this
1603 authority to a third party. Consistent with the intent of the
1604 Workforce Innovation and Opportunity Investment Act, local
1605 regional workforce development boards should provide the
1606 greatest possible choice of training providers to those who
1607 qualify for training services. A local regional workforce
1608 development board may not restrict the choice of training
1609 providers based upon cost, location, or historical training
1610 arrangements. However, a board may restrict the amount of
1611 training resources available to any one client. Such
1612 restrictions may vary based upon the cost of training in the
1613 client’s chosen occupational area. The local regional workforce
1614 development board may be designated as a one-stop operator and
1615 direct provider of intake, assessment, eligibility
1616 determinations, or other direct provider services except
1617 training services. Such designation may occur only with the
1618 agreement of the chief elected official and the Governor as
1619 specified in 29 U.S.C. s. 2832(f)(2). CareerSource Florida,
1620 Inc., shall establish procedures by which a local regional
1621 workforce development board may request permission to operate
1622 under this section and the criteria under which such permission
1623 may be granted. The criteria shall include, but need not be
1624 limited to, a reduction in the cost of providing the permitted
1625 services. Such permission shall be granted for a period not to
1626 exceed 3 years for any single request submitted by the local
1627 regional workforce development board.
1628 (7) Local Regional workforce development boards shall adopt
1629 a committee structure consistent with applicable federal law and
1630 state policies established by CareerSource Florida, Inc.
1631 (8) The importance of minority and gender representation
1632 shall be considered when appointments are made to any committee
1633 established by the local regional workforce development board.
1634 (9) For purposes of procurement, local regional workforce
1635 development boards and their administrative entities are not
1636 state agencies and are exempt from chapters 120 and 287. The
1637 local regional workforce development boards shall apply the
1638 procurement and expenditure procedures required by federal law
1639 and policies of the Department of Economic Opportunity and
1640 CareerSource Florida, Inc., for the expenditure of federal,
1641 state, and nonpass-through funds. The making or approval of
1642 smaller, multiple payments for a single purchase with the intent
1643 to avoid or evade the monetary thresholds and procedures
1644 established by federal law and policies of the Department of
1645 Economic Opportunity and CareerSource Florida, Inc., is grounds
1646 for removal for cause. Local Regional workforce development
1647 boards, their administrative entities, committees, and
1648 subcommittees, and other workforce units may authorize
1649 expenditures to award suitable framed certificates, pins, or
1650 other tokens of recognition for performance by units of the
1651 workforce system. Local Regional workforce development boards;
1652 their administrative entities, committees, and subcommittees;
1653 and other workforce units may authorize expenditures for
1654 promotional items, such as t-shirts, hats, or pens printed with
1655 messages promoting Florida’s workforce system to employers, job
1656 seekers, and program participants. However, such expenditures
1657 are subject to federal regulations applicable to the expenditure
1658 of federal funds. All contracts executed by local regional
1659 workforce development boards must include specific performance
1660 expectations and deliverables.
1661 (10) State and federal funds provided to the local regional
1662 workforce development boards may not be used directly or
1663 indirectly to pay for meals, food, or beverages for board
1664 members, staff, or employees of local regional workforce
1665 development boards, CareerSource Florida, Inc., or the
1666 Department of Economic Opportunity except as expressly
1667 authorized by state law. Preapproved, reasonable, and necessary
1668 per diem allowances and travel expenses may be reimbursed. Such
1669 reimbursement shall be at the standard travel reimbursement
1670 rates established in s. 112.061 and shall be in compliance with
1671 all applicable federal and state requirements. CareerSource
1672 Florida, Inc., shall develop a statewide fiscal policy
1673 applicable to the state board and all local regional workforce
1674 development boards, to hold both the state and local regional
1675 workforce development boards strictly accountable for adherence
1676 to the policy and subject to regular and periodic monitoring by
1677 the Department of Economic Opportunity, the administrative
1678 entity for CareerSource Florida, Inc. Boards are prohibited from
1679 expending state or federal funds for entertainment costs and
1680 recreational activities for board members and employees as these
1681 terms are defined by 2 C.F.R. part 230.
1682 (11) To increase transparency and accountability, a local
1683 regional workforce development board must comply with the
1684 requirements of this section before contracting with a member of
1685 the board or a relative, as defined in s. 112.3143(1)(c), of a
1686 board member or of an employee of the board. Such contracts may
1687 not be executed before or without the approval of CareerSource
1688 Florida, Inc. Such contracts, as well as documentation
1689 demonstrating adherence to this section as specified by
1690 CareerSource Florida, Inc., must be submitted to the Department
1691 of Economic Opportunity for review and recommendation according
1692 to criteria to be determined by CareerSource Florida, Inc. Such
1693 a contract must be approved by a two-thirds vote of the board, a
1694 quorum having been established; all conflicts of interest must
1695 be disclosed before the vote; and any member who may benefit
1696 from the contract, or whose relative may benefit from the
1697 contract, must abstain from the vote. A contract under $25,000
1698 between a local regional workforce development board and a
1699 member of that board or between a relative, as defined in s.
1700 112.3143(1)(c), of a board member or of an employee of the board
1701 is not required to have the prior approval of CareerSource
1702 Florida, Inc., but must be approved by a two-thirds vote of the
1703 board, a quorum having been established, and must be reported to
1704 the Department of Economic Opportunity and CareerSource Florida,
1705 Inc., within 30 days after approval. If a contract cannot be
1706 approved by CareerSource Florida, Inc., a review of the decision
1707 to disapprove the contract may be requested by the local
1708 regional workforce development board or other parties to the
1709 disapproved contract.
1710 (12) Each local regional workforce development board shall
1711 develop a budget for the purpose of carrying out the duties of
1712 the board under this section, subject to the approval of the
1713 chief elected official. Each local regional workforce
1714 development board shall submit its annual budget for review to
1715 CareerSource Florida, Inc., no later than 2 weeks after the
1716 chair approves the budget.
1717 (13) By March 1, 2018, CareerSource Florida, Inc., shall
1718 establish regional planning areas in accordance with Pub. L. No.
1719 113-128, Title I, s. 106(a)(2). Local workforce development
1720 boards and chief elected officials within identified regional
1721 planning areas shall prepare a regional workforce development
1722 plan as required under Pub. L. No. 113-128, Title I, s.
1723 106(c)(2).
1724 Section 27. Subsections (4) and (5) of section 445.0071,
1725 Florida Statutes, are amended to read:
1726 445.0071 Florida Youth Summer Jobs Pilot Program.—
1727 (4) GOVERNANCE.—
1728 (a) The pilot program shall be administered by the local
1729 regional workforce development board in consultation with
1730 CareerSource Florida, Inc.
1731 (b) The local regional workforce development board shall
1732 report to CareerSource Florida, Inc., the number of at-risk and
1733 disadvantaged children who enter the program, the types of work
1734 activities they participate in, and the number of children who
1735 return to school, go on to postsecondary school, or enter the
1736 workforce full time at the end of the program. CareerSource
1737 Florida, Inc., shall report to the Legislature by November 1 of
1738 each year on the performance of the program.
1739 (5) FUNDING.—
1740 (a) The local regional workforce development board shall,
1741 consistent with state and federal laws, use funds appropriated
1742 specifically for the pilot program to provide youth wage
1743 payments and educational enrichment activities. The local
1744 regional workforce development board and local communities may
1745 obtain private or state and federal grants or other sources of
1746 funds in addition to any appropriated funds.
1747 (b) Program funds shall be used as follows:
1748 1. No less than 85 percent of the funds shall be used for
1749 youth wage payments or educational enrichment activities. These
1750 funds shall be matched on a one-to-one basis by each local
1751 community that participates in the program.
1752 2. No more than 2 percent of the funds may be used for
1753 administrative purposes.
1754 3. The remainder of the funds may be used for
1755 transportation assistance, child care assistance, or other
1756 assistance to enable a program participant to enter or remain in
1757 the program.
1758 (c) The local regional workforce development board shall
1759 pay a participating employer an amount equal to one-half of the
1760 wages paid to a youth participating in the program. Payments
1761 shall be made monthly for the duration that the youth
1762 participant is employed as documented by the employer and
1763 confirmed by the local regional workforce development board.
1764 Section 28. Subsections (2) through (7), paragraphs (b),
1765 (c), and (d) of subsection (8), paragraph (b) of subsection (9),
1766 and subsection (10) of section 445.009, Florida Statutes, are
1767 amended to read:
1768 445.009 One-stop delivery system.—
1769 (2)(a) Subject to a process designed by CareerSource
1770 Florida, Inc., and in compliance with Pub. L. No. 113-128 105
1771 220, local regional workforce development boards shall designate
1772 one-stop delivery system operators.
1773 (b) A local regional workforce development board may
1774 designate as its one-stop delivery system operator any public or
1775 private entity that is eligible to provide services under any
1776 state or federal workforce program that is a mandatory or
1777 discretionary partner in the local workforce development area’s
1778 region’s one-stop delivery system if approved by CareerSource
1779 Florida, Inc., upon a showing by the local regional workforce
1780 development board that a fair and competitive process was used
1781 in the selection. As a condition of authorizing a local regional
1782 workforce development board to designate such an entity as its
1783 one-stop delivery system operator, CareerSource Florida, Inc.,
1784 must require the local regional workforce development board to
1785 demonstrate that safeguards are in place to ensure that the one
1786 stop delivery system operator will not exercise an unfair
1787 competitive advantage or unfairly refer or direct customers of
1788 the one-stop delivery system to services provided by that one
1789 stop delivery system operator. A local regional workforce
1790 development board may retain its current one-stop career center
1791 operator without further procurement action if the board has an
1792 established one-stop career center that has complied with
1793 federal and state law.
1794 (c) The local workforce development board must enter into a
1795 memorandum of understanding with each mandatory or optional
1796 partner participating in the one-stop delivery system which
1797 details the partner’s required contribution to infrastructure
1798 costs, as required by Pub. L. No. 113-128, s. 121(h). If the
1799 local workforce development board and the one-stop partner are
1800 unable to come to an agreement regarding infrastructure costs by
1801 July 1, 2017, the costs shall be allocated pursuant to a policy
1802 established by the Governor.
1803 (3) Local Regional workforce development boards shall enter
1804 into a memorandum of understanding with the Department of
1805 Economic Opportunity for the delivery of employment services
1806 authorized by the federal Wagner-Peyser Act. This memorandum of
1807 understanding must be performance based.
1808 (a) Unless otherwise required by federal law, at least 90
1809 percent of the Wagner-Peyser funding must go into direct
1810 customer service costs.
1811 (b) Employment services must be provided through the one
1812 stop delivery system, under the guidance of one-stop delivery
1813 system operators. One-stop delivery system operators shall have
1814 overall authority for directing the staff of the workforce
1815 system. Personnel matters shall remain under the ultimate
1816 authority of the department. However, the one-stop delivery
1817 system operator shall submit to the department information
1818 concerning the job performance of employees of the department
1819 who deliver employment services. The department shall consider
1820 any such information submitted by the one-stop delivery system
1821 operator in conducting performance appraisals of the employees.
1822 (c) The department shall retain fiscal responsibility and
1823 accountability for the administration of funds allocated to the
1824 state under the Wagner-Peyser Act. An employee of the department
1825 who is providing services authorized under the Wagner-Peyser Act
1826 shall be paid using Wagner-Peyser Act funds.
1827 (4) One-stop delivery system partners shall enter into a
1828 memorandum of understanding pursuant to Pub. L. No. 113-128 105
1829 220, Title I, s. 121, with the local regional workforce
1830 development board. Failure of a local partner to participate
1831 cannot unilaterally block the majority of partners from moving
1832 forward with their one-stop delivery system, and CareerSource
1833 Florida, Inc., pursuant to s. 445.004(5)(e), may make
1834 notification of a local partner that fails to participate.
1835 (5) To the extent possible, local regional workforce
1836 development boards shall include as partners in the local one
1837 stop delivery system entities that provide programs or
1838 activities designed to meet the needs of homeless persons.
1839 (6)(a) To the extent possible, core services, as defined by
1840 Pub. L. No. 113-128 105-220, shall be provided electronically,
1841 using existing systems. These electronic systems shall be linked
1842 and integrated into a comprehensive service system to simplify
1843 access to core services by:
1844 1. Maintaining staff to serve as the first point of contact
1845 with the public seeking access to employment services who are
1846 knowledgeable about each program located in each one-stop
1847 delivery system center as well as related services. An initial
1848 determination of the programs for which a customer is likely to
1849 be eligible and any referral for a more thorough eligibility
1850 determination must be made at this first point of contact; and
1851 2. Establishing an automated, integrated intake screening
1852 and eligibility process where customers will provide information
1853 through a self-service intake process that may be accessed by
1854 staff from any participating program.
1855 (b) To expand electronic capabilities, CareerSource
1856 Florida, Inc., working with local regional workforce development
1857 boards, shall develop a centralized help center to assist local
1858 regional workforce development boards in fulfilling core
1859 services, minimizing the need for fixed-site one-stop delivery
1860 system centers.
1861 (c) To the extent feasible, core services shall be
1862 accessible through the Internet. Through this technology, core
1863 services shall be made available at public libraries, public and
1864 private educational institutions, community centers, kiosks,
1865 neighborhood facilities, and satellite one-stop delivery system
1866 sites. Each local regional workforce development board’s web
1867 page shall serve as a portal for contacting potential employees
1868 by integrating the placement efforts of universities and private
1869 companies, including staffing services firms, into the existing
1870 one-stop delivery system.
1871 (7) Intensive services and training provided pursuant to
1872 Pub. L. No. 113-128 105-220, shall be provided to individuals
1873 through Intensive Service Accounts and Individual Training
1874 Accounts. CareerSource Florida, Inc., shall develop an
1875 implementation plan, including identification of initially
1876 eligible training providers, transition guidelines, and criteria
1877 for use of these accounts. Individual Training Accounts must be
1878 compatible with Individual Development Accounts for education
1879 allowed in federal and state welfare reform statutes.
1880 (8)
1881 (b) For each approved training program, local regional
1882 workforce development boards, in consultation with training
1883 providers, shall establish a fair-market purchase price to be
1884 paid through an Individual Training Account. The purchase price
1885 must be based on prevailing costs and reflect local economic
1886 factors, program complexity, and program benefits, including
1887 time to beginning of training and time to completion. The price
1888 shall ensure the fair participation of public and nonpublic
1889 postsecondary educational institutions as authorized service
1890 providers and shall prohibit the use of unlawful remuneration to
1891 the student in return for attending an institution. Unlawful
1892 remuneration does not include student financial assistance
1893 programs.
1894 (c) CareerSource Florida, Inc., shall periodically review
1895 Individual Training Account pricing schedules developed by local
1896 regional workforce development boards and present findings and
1897 recommendations for process improvement to the President of the
1898 Senate and the Speaker of the House of Representatives.
1899 (d) To the maximum extent possible, training providers
1900 shall use funding sources other than the funding provided under
1901 Pub. L. No. 113-128 105-220. CareerSource Florida, Inc., shall
1902 develop a system to encourage the leveraging of appropriated
1903 resources for the workforce system and shall report on such
1904 efforts as part of the required annual report.
1905 (9)
1906 (b) The network shall assure that a uniform method is used
1907 to determine eligibility for and management of services provided
1908 by agencies that conduct workforce development activities. The
1909 Department of Management Services shall develop strategies to
1910 allow access to the databases and information management systems
1911 of the following systems in order to link information in those
1912 databases with the one-stop delivery system:
1913 1. The Reemployment Assistance Program under chapter 443.
1914 2. The public employment service described in s. 443.181.
1915 3. The public assistance information system used by the
1916 Department of Children and Families FLORIDA System and the
1917 components related to temporary cash assistance, food
1918 assistance, and Medicaid eligibility.
1919 4. The Student Financial Assistance System of the
1920 Department of Education.
1921 5. Enrollment in the public postsecondary education system.
1922 6. Other information systems determined appropriate by
1923 CareerSource Florida, Inc.
1924 (10) To the maximum extent feasible, the one-stop delivery
1925 system may use private sector staffing services firms in the
1926 provision of workforce services to individuals and employers in
1927 the state. Local Regional workforce development boards may
1928 collaborate with staffing services firms in order to facilitate
1929 the provision of workforce services. Local Regional workforce
1930 development boards may contract with private sector staffing
1931 services firms to design programs that meet the employment needs
1932 of the local workforce development area region. All such
1933 contracts must be performance-based and require a specific
1934 period of job tenure before prior to payment.
1935 Section 29. Subsection (1) of section 445.07, Florida
1936 Statutes, is amended to read:
1937 445.07 Economic security report of employment and earning
1938 outcomes.—
1939 (1) Beginning December 31, 2013, and annually thereafter,
1940 the Department of Economic Opportunity, in consultation with the
1941 Department of Education, shall prepare, or contract with an
1942 entity to prepare, an economic security report of employment and
1943 earning outcomes for degrees or certificates earned at public
1944 postsecondary educational institutions.
1945 Section 30. Subsections (1) and (3) of section 445.014,
1946 Florida Statutes, are amended to read:
1947 445.014 Small business workforce service initiative.—
1948 (1) Subject to legislative appropriation, CareerSource
1949 Florida, Inc., shall establish a program to encourage local
1950 regional workforce development boards to establish one-stop
1951 delivery systems that maximize the provision of workforce and
1952 human-resource support services to small businesses. Under the
1953 program, a local regional workforce development board may apply,
1954 on a competitive basis, for funds to support the provision of
1955 such services to small businesses through the local workforce
1956 development area’s region’s one-stop delivery system.
1957 (3) CareerSource Florida, Inc., shall establish guidelines
1958 governing the administration of this program and shall establish
1959 criteria to be used in evaluating applications for funding. Such
1960 criteria must include, but need not be limited to, a showing
1961 that the local workforce development regional board has in place
1962 a detailed plan for establishing a one-stop delivery system
1963 designed to meet the workforce needs of small businesses and for
1964 leveraging other funding sources in support of such activities.
1965 Section 31. Subsection (3) of section 445.016, Florida
1966 Statutes, is amended to read:
1967 445.016 Untried Worker Placement and Employment Incentive
1968 Act.—
1969 (3) Incentive payments may be made to for-profit or not
1970 for-profit agents selected by local regional workforce
1971 development boards who successfully place untried workers in
1972 full-time employment for 6 months with an employer after the
1973 employee successfully completes a probationary placement of no
1974 more than 6 months with that employer. Full-time employment that
1975 includes health care benefits will receive an additional
1976 incentive payment.
1977 Section 32. Subsections (3), (4), and (5) of section
1978 445.017, Florida Statutes, are amended to read:
1979 445.017 Diversion.—
1980 (3) Before finding an applicant family eligible for up
1981 front diversion services, the local regional workforce
1982 development board must determine that all requirements of
1983 eligibility for diversion services would likely be met.
1984 (4) The local regional workforce development board shall
1985 screen each family on a case-by-case basis for barriers to
1986 obtaining or retaining employment. The screening shall identify
1987 barriers that, if corrected, may prevent the family from
1988 receiving temporary cash assistance on a regular basis.
1989 Assistance to overcome a barrier to employment is not limited to
1990 cash, but may include vouchers or other in-kind benefits.
1991 (5) The family receiving up-front diversion must sign an
1992 agreement restricting the family from applying for temporary
1993 cash assistance for 3 months, unless an emergency is
1994 demonstrated to the local regional workforce development board.
1995 If a demonstrated emergency forces the family to reapply for
1996 temporary cash assistance within 3 months after receiving a
1997 diversion payment, the diversion payment shall be prorated over
1998 an 8-month period and deducted from any temporary assistance for
1999 which the family is eligible.
2000 Section 33. Subsections (2) and (3) of section 445.021,
2001 Florida Statutes, are amended to read:
2002 445.021 Relocation assistance program.—
2003 (2) The relocation assistance program shall involve five
2004 steps by the local regional workforce development board, in
2005 cooperation with the Department of Children and Families:
2006 (a) A determination that the family is receiving temporary
2007 cash assistance or that all requirements of eligibility for
2008 diversion services would likely be met.
2009 (b) A determination that there is a basis for believing
2010 that relocation will contribute to the ability of the applicant
2011 to achieve self-sufficiency. For example, the applicant:
2012 1. Is unlikely to achieve economic self-sufficiency at the
2013 current community of residence;
2014 2. Has secured a job that provides an increased salary or
2015 improved benefits and that requires relocation to another
2016 community;
2017 3. Has a family support network that will contribute to job
2018 retention in another community;
2019 4. Is determined, pursuant to criteria or procedures
2020 established by the board of directors of CareerSource Florida,
2021 Inc., to be a victim of domestic violence who would experience
2022 reduced probability of further incidents through relocation; or
2023 5. Must relocate in order to receive education or training
2024 that is directly related to the applicant’s employment or career
2025 advancement.
2026 (c) Establishment of a relocation plan that includes such
2027 requirements as are necessary to prevent abuse of the benefit
2028 and provisions to protect the safety of victims of domestic
2029 violence and avoid provisions that place them in anticipated
2030 danger. The payment to defray relocation expenses shall be
2031 determined based on criteria approved by the board of directors
2032 of CareerSource Florida, Inc. Participants in the relocation
2033 program shall be eligible for diversion or transitional
2034 benefits.
2035 (d) A determination, pursuant to criteria adopted by the
2036 board of directors of CareerSource Florida, Inc., that a
2037 community receiving a relocated family has the capacity to
2038 provide needed services and employment opportunities.
2039 (e) Monitoring the relocation.
2040 (3) A family receiving relocation assistance for reasons
2041 other than domestic violence must sign an agreement restricting
2042 the family from applying for temporary cash assistance for a
2043 period of 6 months, unless an emergency is demonstrated to the
2044 local regional workforce development board. If a demonstrated
2045 emergency forces the family to reapply for temporary cash
2046 assistance within such period, after receiving a relocation
2047 assistance payment, repayment must be made on a prorated basis
2048 and subtracted from any regular payment of temporary cash
2049 assistance for which the applicant may be eligible.
2050 Section 34. Section 445.022, Florida Statutes, is amended
2051 to read:
2052 445.022 Retention Incentive Training Accounts.—To promote
2053 job retention and to enable upward job advancement into higher
2054 skilled, higher paying employment, the board of directors of
2055 CareerSource Florida, Inc., and the local regional workforce
2056 development boards may assemble a list of programs and courses
2057 offered by postsecondary educational institutions which may be
2058 available to participants who have become employed to promote
2059 job retention and advancement.
2060 (1) The board of directors of CareerSource Florida, Inc.,
2061 may establish Retention Incentive Training Accounts (RITAs) to
2062 use Temporary Assistance to Needy Families (TANF) block grant
2063 funds specifically appropriated for this purpose. RITAs must
2064 complement the Individual Training Account required by the
2065 federal Workforce Innovation and Opportunity Investment Act of
2066 1998, Pub. L. No. 113-128 105-220.
2067 (2) RITAs may pay for tuition, fees, educational materials,
2068 coaching and mentoring, performance incentives, transportation
2069 to and from courses, child care costs during education courses,
2070 and other such costs as the local regional workforce development
2071 boards determine are necessary to effect successful job
2072 retention and advancement.
2073 (3) Local Regional workforce development boards shall
2074 retain only those courses that continue to meet their
2075 performance standards as established in their local plan.
2076 (4) Local Regional workforce development boards shall
2077 report annually to the Legislature on the measurable retention
2078 and advancement success of each program provider and the
2079 effectiveness of RITAs, making recommendations for any needed
2080 changes or modifications.
2081 Section 35. Subsections (4) and (5) of section 445.024,
2082 Florida Statutes, are amended to read:
2083 445.024 Work requirements.—
2084 (4) PRIORITIZATION OF WORK REQUIREMENTS.—Local Regional
2085 workforce development boards shall require participation in work
2086 activities to the maximum extent possible, subject to federal
2087 and state funding. If funds are projected to be insufficient to
2088 allow full-time work activities by all program participants who
2089 are required to participate in work activities, local regional
2090 workforce development boards shall screen participants and
2091 assign priority based on the following:
2092 (a) In accordance with federal requirements, at least one
2093 adult in each two-parent family shall be assigned priority for
2094 full-time work activities.
2095 (b) Among single-parent families, a family that has older
2096 preschool children or school-age children shall be assigned
2097 priority for work activities.
2098 (c) A participant who has access to child care services may
2099 be assigned priority for work activities.
2100 (d) Priority may be assigned based on the amount of time
2101 remaining until the participant reaches the applicable time
2102 limit for program participation or may be based on requirements
2103 of a case plan.
2104
2105 Local Regional workforce development boards may limit a
2106 participant’s weekly work requirement to the minimum required to
2107 meet federal work activity requirements. Local Regional
2108 workforce development boards may develop screening and
2109 prioritization procedures based on the allocation of resources,
2110 the availability of community resources, the provision of
2111 supportive services, or the work activity needs of the service
2112 area.
2113 (5) USE OF CONTRACTS.—Local Regional workforce development
2114 boards shall provide work activities, training, and other
2115 services, as appropriate, through contracts. In contracting for
2116 work activities, training, or services, the following applies:
2117 (a) A contract must be performance-based. Payment shall be
2118 tied to performance outcomes that include factors such as, but
2119 not limited to, diversion from cash assistance, job entry, job
2120 entry at a target wage, job retention, and connection to
2121 transition services rather than tied to completion of training
2122 or education or any other phase of the program participation
2123 process.
2124 (b) A contract may include performance-based incentive
2125 payments that may vary according to the extent to which the
2126 participant is more difficult to place. Contract payments may be
2127 weighted proportionally to reflect the extent to which the
2128 participant has limitations associated with the long-term
2129 receipt of welfare and difficulty in sustaining employment. The
2130 factors may include the extent of prior receipt of welfare, lack
2131 of employment experience, lack of education, lack of job skills,
2132 and other factors determined appropriate by the local regional
2133 workforce development board.
2134 (c) Notwithstanding the exemption from the competitive
2135 sealed bid requirements provided in s. 287.057(3)(e) for certain
2136 contractual services, each contract awarded under this chapter
2137 must be awarded on the basis of a competitive sealed bid, except
2138 for a contract with a governmental entity as determined by the
2139 local regional workforce development board.
2140 (d) Local Regional workforce development boards may
2141 contract with commercial, charitable, or religious
2142 organizations. A contract must comply with federal requirements
2143 with respect to nondiscrimination and other requirements that
2144 safeguard the rights of participants. Services may be provided
2145 under contract, certificate, voucher, or other form of
2146 disbursement.
2147 (e) The administrative costs associated with a contract for
2148 services provided under this section may not exceed the
2149 applicable administrative cost ceiling established in federal
2150 law. An agency or entity that is awarded a contract under this
2151 section may not charge more than 7 percent of the value of the
2152 contract for administration unless an exception is approved by
2153 the local regional workforce development board. A list of any
2154 exceptions approved must be submitted to the board of directors
2155 of CareerSource Florida, Inc., for review, and the board may
2156 rescind approval of the exception.
2157 (f) Local Regional workforce development boards may enter
2158 into contracts to provide short-term work experience for the
2159 chronically unemployed as provided in this section.
2160 (g) A tax-exempt organization under s. 501(c) of the
2161 Internal Revenue Code of 1986 which receives funds under this
2162 chapter must disclose receipt of federal funds on any
2163 advertising, promotional, or other material in accordance with
2164 federal requirements.
2165 Section 36. Section 445.025, Florida Statutes, is amended
2166 to read:
2167 445.025 Other support services.—Support services shall be
2168 provided, if resources permit, to assist participants in
2169 complying with work activity requirements outlined in s.
2170 445.024. If resources do not permit the provision of needed
2171 support services, the local regional workforce development board
2172 may prioritize or otherwise limit provision of support services.
2173 This section does not constitute an entitlement to support
2174 services. Lack of provision of support services may be
2175 considered as a factor in determining whether good cause exists
2176 for failing to comply with work activity requirements but does
2177 not automatically constitute good cause for failing to comply
2178 with work activity requirements, and does not affect any
2179 applicable time limit on the receipt of temporary cash
2180 assistance or the provision of services under chapter 414.
2181 Support services shall include, but need not be limited to:
2182 (1) TRANSPORTATION.—Transportation expenses may be provided
2183 to any participant when the assistance is needed to comply with
2184 work activity requirements or employment requirements, including
2185 transportation to and from a child care provider. Payment may be
2186 made in cash or tokens in advance or through reimbursement paid
2187 against receipts or invoices. Transportation services may
2188 include, but are not limited to, cooperative arrangements with
2189 the following: public transit providers; community
2190 transportation coordinators designated under chapter 427; school
2191 districts; churches and community centers; donated motor vehicle
2192 programs, van pools, and ridesharing programs; small enterprise
2193 developments and entrepreneurial programs that encourage
2194 participants to become transportation providers; public and
2195 private transportation partnerships; and other innovative
2196 strategies to expand transportation options available to program
2197 participants.
2198 (a) Local Regional workforce development boards may provide
2199 payment for vehicle operational and repair expenses, including
2200 repair expenditures necessary to make a vehicle functional;
2201 vehicle registration fees; driver license fees; and liability
2202 insurance for the vehicle for a period of up to 6 months.
2203 Request for vehicle repairs must be accompanied by an estimate
2204 of the cost prepared by a repair facility registered under s.
2205 559.904.
2206 (b) Transportation disadvantaged funds as defined in
2207 chapter 427 do not include support services funds or funds
2208 appropriated to assist persons eligible under the Workforce
2209 Innovation and Opportunity Act Job Training Partnership Act. It
2210 is the intent of the Legislature that local regional workforce
2211 development boards consult with local community transportation
2212 coordinators designated under chapter 427 regarding the
2213 availability and cost of transportation services through the
2214 coordinated transportation system before prior to contracting
2215 for comparable transportation services outside the coordinated
2216 system.
2217 (2) ANCILLARY EXPENSES.—Ancillary expenses such as books,
2218 tools, clothing, fees, and costs necessary to comply with work
2219 activity requirements or employment requirements may be
2220 provided.
2221 (3) MEDICAL SERVICES.—A family that meets the eligibility
2222 requirements for Medicaid shall receive medical services under
2223 the Medicaid program.
2224 (4) PERSONAL AND FAMILY COUNSELING AND THERAPY.—Counseling
2225 may be provided to participants who have a personal or family
2226 problem or problems caused by substance abuse that is a barrier
2227 to compliance with work activity requirements or employment
2228 requirements. In providing these services, local regional
2229 workforce development boards shall use services that are
2230 available in the community at no additional cost. If these
2231 services are not available, local regional workforce development
2232 boards may use support services funds. Personal or family
2233 counseling not available through Medicaid may not be considered
2234 a medical service for purposes of the required statewide
2235 implementation plan or use of federal funds.
2236 Section 37. Subsection (5) of section 445.026, Florida
2237 Statutes, is amended to read:
2238 445.026 Cash assistance severance benefit.—An individual
2239 who meets the criteria listed in this section may choose to
2240 receive a lump-sum payment in lieu of ongoing cash assistance
2241 payments, provided the individual:
2242 (5) Provides employment and earnings information to the
2243 local regional workforce development board, so that the local
2244 regional workforce development board can ensure that the
2245 family’s eligibility for severance benefits can be evaluated.
2246
2247 Such individual may choose to accept a one-time, lump-sum
2248 payment of $1,000 in lieu of receiving ongoing cash assistance.
2249 Such payment shall only count toward the time limitation for the
2250 month in which the payment is made in lieu of cash assistance. A
2251 participant choosing to accept such payment shall be terminated
2252 from cash assistance. However, eligibility for Medicaid, food
2253 assistance, or child care shall continue, subject to the
2254 eligibility requirements of those programs.
2255 Section 38. Subsections (2) and (4) of section 445.030,
2256 Florida Statutes, are amended to read:
2257 445.030 Transitional education and training.—In order to
2258 assist former recipients of temporary cash assistance who are
2259 working or actively seeking employment in continuing their
2260 training and upgrading their skills, education, or training,
2261 support services may be provided for up to 2 years after the
2262 family is no longer receiving temporary cash assistance. This
2263 section does not constitute an entitlement to transitional
2264 education and training. If funds are not sufficient to provide
2265 services under this section, the board of directors of
2266 CareerSource Florida, Inc., may limit or otherwise prioritize
2267 transitional education and training.
2268 (2) Local Regional workforce development boards may
2269 authorize child care or other support services in addition to
2270 services provided in conjunction with employment. For example, a
2271 participant who is employed full time may receive child care
2272 services related to that employment and may also receive
2273 additional child care services in conjunction with training to
2274 upgrade the participant’s skills.
2275 (4) A local Regional workforce development board may enter
2276 into an agreement with an employer to share the costs relating
2277 to upgrading the skills of participants hired by the employer.
2278 For example, a local regional workforce development board may
2279 agree to provide support services such as transportation or a
2280 wage subsidy in conjunction with training opportunities provided
2281 by the employer.
2282 Section 39. Section 445.031, Florida Statutes, is amended
2283 to read:
2284 445.031 Transitional transportation.—In order to assist
2285 former recipients of temporary cash assistance in maintaining
2286 and sustaining employment or educational opportunities,
2287 transportation may be provided, if funds are available, for up
2288 to 2 years after the participant is no longer in the program.
2289 This does not constitute an entitlement to transitional
2290 transportation. If funds are not sufficient to provide services
2291 under this section, local regional workforce development boards
2292 may limit or otherwise prioritize transportation services.
2293 (1) Transitional transportation must be job or education
2294 related.
2295 (2) Transitional transportation may include expenses
2296 identified in s. 445.025, paid directly or by voucher, as well
2297 as a vehicle valued at not more than $8,500 if the vehicle is
2298 needed for training, employment, or educational purposes.
2299 Section 40. Subsection (1), paragraph (b) of subsection
2300 (4), and subsection (5) of section 445.048, Florida Statutes,
2301 are amended to read:
2302 445.048 Passport to Economic Progress program.—
2303 (1) AUTHORIZATION.—Notwithstanding any law to the contrary,
2304 CareerSource Florida, Inc., in conjunction with the Department
2305 of Children and Families and the Department of Economic
2306 Opportunity, shall implement a Passport to Economic Progress
2307 program consistent with the provisions of this section.
2308 CareerSource Florida, Inc., may designate local regional
2309 workforce development boards to participate in the program.
2310 Expenses for the program may come from appropriated revenues or
2311 from funds otherwise available to a local regional workforce
2312 development board which may be legally used for such purposes.
2313 CareerSource Florida, Inc., must consult with the applicable
2314 local regional workforce development boards and the applicable
2315 local offices of the Department of Children and Families which
2316 serve the program areas and must encourage community input into
2317 the implementation process.
2318 (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.—
2319 (b) CareerSource Florida, Inc., in cooperation with the
2320 Department of Children and Families and the Department of
2321 Economic Opportunity, shall offer performance-based incentive
2322 bonuses as a component of the Passport to Economic Progress
2323 program. The bonuses do not represent a program entitlement and
2324 are contingent on achieving specific benchmarks prescribed in
2325 the self-sufficiency plan. If the funds appropriated for this
2326 purpose are insufficient to provide this financial incentive,
2327 the board of directors of CareerSource Florida, Inc., may reduce
2328 or suspend the bonuses in order not to exceed the appropriation
2329 or may direct the local workforce development regional boards to
2330 use resources otherwise given to the local workforce development
2331 board regional workforce to pay such bonuses if such payments
2332 comply with applicable state and federal laws.
2333 (5) EVALUATIONS AND RECOMMENDATIONS.—CareerSource Florida,
2334 Inc., in conjunction with the Department of Children and
2335 Families, the Department of Economic Opportunity, and the local
2336 regional workforce development boards, shall conduct a
2337 comprehensive evaluation of the effectiveness of the program
2338 operated under this section. Evaluations and recommendations for
2339 the program shall be submitted by CareerSource Florida, Inc., as
2340 part of its annual report to the Legislature.
2341 Section 41. Paragraph (b) of subsection (2), paragraph (d)
2342 of subsection (4), and subsections (6) and (7) of section
2343 445.051, Florida Statutes, are amended to read:
2344 445.051 Individual development accounts.—
2345 (2) As used in this section, the term:
2346 (b) “Qualified entity” means:
2347 1. A not-for-profit organization described in s. 501(c)(3)
2348 of the Internal Revenue Code of 1986, as amended, and exempt
2349 from taxation under s. 501(a) of such code; or
2350 2. A state or local government agency acting in cooperation
2351 with an organization described in subparagraph 1. For purposes
2352 of this section, a local regional workforce development board is
2353 a government agency.
2354 (4)
2355 (d) Eligible participants may receive matching funds for
2356 contributions to the individual development account, pursuant to
2357 the strategic plan for workforce development. When not
2358 restricted to the contrary, matching funds may be paid from
2359 state and federal funds under the control of the local regional
2360 workforce development board, from local agencies, or from
2361 private donations.
2362 (6) CareerSource Florida, Inc., shall establish procedures
2363 for local regional workforce development boards to include in
2364 their annual program and financial plan an application to offer
2365 an individual development account program as part of their TANF
2366 allocation. These procedures must include, but need not be
2367 limited to, administrative costs permitted for the fiduciary
2368 organization and policies relative to identifying the match
2369 ratio and limits on the deposits for which the match will be
2370 provided in the application process. CareerSource Florida, Inc.,
2371 shall establish policies and procedures necessary to ensure that
2372 funds held in an individual development account are not
2373 withdrawn except for one or more of the qualified purposes
2374 described in this section.
2375 (7) Fiduciary organizations shall be the local regional
2376 workforce development board or other community-based
2377 organizations designated by the local regional workforce
2378 development board to serve as intermediaries between individual
2379 account holders and financial institutions holding accounts.
2380 Responsibilities of such fiduciary organizations may include
2381 marketing participation, soliciting matching contributions,
2382 counseling program participants, and conducting verification and
2383 compliance activities.
2384 Section 42. Paragraph (a) of subsection (1) of section
2385 985.622, Florida Statutes, is amended to read:
2386 985.622 Multiagency plan for career and professional
2387 education (CAPE).—
2388 (1) The Department of Juvenile Justice and the Department
2389 of Education shall, in consultation with the statewide Workforce
2390 Development Youth Council, school districts, providers, and
2391 others, jointly develop a multiagency plan for career and
2392 professional education (CAPE) that establishes the curriculum,
2393 goals, and outcome measures for CAPE programs in juvenile
2394 justice education programs. The plan must be reviewed annually,
2395 revised as appropriate, and include:
2396 (a) Provisions for maximizing appropriate state and federal
2397 funding sources, including funds under the Workforce Innovation
2398 and Opportunity Act Workforce Investment Act and the Perkins
2399 Act.
2400 Section 43. Paragraph (c) of subsection (4) of section
2401 1002.83, Florida Statutes, is amended to read:
2402 1002.83 Early learning coalitions.—
2403 (4) Each early learning coalition must include the
2404 following member positions; however, in a multicounty coalition,
2405 each ex officio member position may be filled by multiple
2406 nonvoting members but no more than one voting member shall be
2407 seated per member position. If an early learning coalition has
2408 more than one member representing the same entity, only one of
2409 such members may serve as a voting member:
2410 (c) A local regional workforce development board executive
2411 director or his or her permanent designee.
2412 Section 44. Subsections (2) and (3) and paragraph (b) of
2413 subsection (4) of section 1003.491, Florida Statutes, are
2414 amended to read:
2415 1003.491 Florida Career and Professional Education Act.—The
2416 Florida Career and Professional Education Act is created to
2417 provide a statewide planning partnership between the business
2418 and education communities in order to attract, expand, and
2419 retain targeted, high-value industry and to sustain a strong,
2420 knowledge-based economy.
2421 (2) Each district school board shall develop, in
2422 collaboration with local regional workforce development boards,
2423 economic development agencies, and postsecondary institutions
2424 approved to operate in the state, a strategic 3-year plan to
2425 address and meet local and regional workforce demands. If
2426 involvement of a local regional workforce development board or
2427 an economic development agency in the strategic plan development
2428 is not feasible, the local school board, with the approval of
2429 the Department of Economic Opportunity, shall collaborate with
2430 the most appropriate regional business leadership board. Two or
2431 more school districts may collaborate in the development of the
2432 strategic plan and offer career-themed courses, as defined in s.
2433 1003.493(1)(b), or a career and professional academy as a joint
2434 venture. The strategic plan must describe in detail provisions
2435 for the efficient transportation of students, the maximum use of
2436 shared resources, access to courses aligned to state curriculum
2437 standards through virtual education providers legislatively
2438 authorized to provide part-time instruction to middle school
2439 students, and an objective review of proposed career and
2440 professional academy courses and other career-themed courses to
2441 determine if the courses will lead to the attainment of industry
2442 certifications included on the Industry Certified Funding List
2443 pursuant to rules adopted by the State Board of Education. Each
2444 strategic plan shall be reviewed, updated, and jointly approved
2445 every 3 years by the local school district, local regional
2446 workforce development boards, economic development agencies, and
2447 state-approved postsecondary institutions.
2448 (3) The strategic 3-year plan developed jointly by the
2449 local school district, local regional workforce development
2450 boards, economic development agencies, and state-approved
2451 postsecondary institutions shall be constructed and based on:
2452 (a) Research conducted to objectively determine local and
2453 regional workforce needs for the ensuing 3 years, using labor
2454 projections of the United States Department of Labor and the
2455 Department of Economic Opportunity;
2456 (b) Strategies to develop and implement career academies or
2457 career-themed courses based on those careers determined to be
2458 high-wage, high-skill, and high-demand;
2459 (c) Strategies to provide shared, maximum use of private
2460 sector facilities and personnel;
2461 (d) Strategies that ensure instruction by industry
2462 certified faculty and standards and strategies to maintain
2463 current industry credentials and for recruiting and retaining
2464 faculty to meet those standards;
2465 (e) Strategies to provide personalized student advisement,
2466 including a parent-participation component, and coordination
2467 with middle grades to promote and support career-themed courses
2468 and education planning as required under s. 1003.4156;
2469 (f) Alignment of requirements for middle school career
2470 planning under s. 1003.4156(1)(e), middle and high school career
2471 and professional academies or career-themed courses leading to
2472 industry certification or postsecondary credit, and high school
2473 graduation requirements;
2474 (g) Provisions to ensure that career-themed courses and
2475 courses offered through career and professional academies are
2476 academically rigorous, meet or exceed appropriate state-adopted
2477 subject area standards, result in attainment of industry
2478 certification, and, when appropriate, result in postsecondary
2479 credit;
2480 (h) Plans to sustain and improve career-themed courses and
2481 career and professional academies;
2482 (i) Strategies to improve the passage rate for industry
2483 certification examinations if the rate falls below 50 percent;
2484 (j) Strategies to recruit students into career-themed
2485 courses and career and professional academies which include
2486 opportunities for students who have been unsuccessful in
2487 traditional classrooms but who are interested in enrolling in
2488 career-themed courses or a career and professional academy.
2489 School boards shall provide opportunities for students who may
2490 be deemed as potential dropouts to enroll in career-themed
2491 courses or participate in career and professional academies;
2492 (k) Strategies to provide sufficient space within academies
2493 to meet workforce needs and to provide access to all interested
2494 and qualified students;
2495 (l) Strategies to implement career-themed courses or career
2496 and professional academy training that lead to industry
2497 certification in juvenile justice education programs;
2498 (m) Opportunities for high school students to earn weighted
2499 or dual enrollment credit for higher-level career and technical
2500 courses;
2501 (n) Promotion of the benefits of the Gold Seal Bright
2502 Futures Scholarship;
2503 (o) Strategies to ensure the review of district pupil
2504 progression plans and to amend such plans to include career
2505 themed courses and career and professional academy courses and
2506 to include courses that may qualify as substitute courses for
2507 core graduation requirements and those that may be counted as
2508 elective courses;
2509 (p) Strategies to provide professional development for
2510 secondary certified school counselors on the benefits of career
2511 and professional academies and career-themed courses that lead
2512 to industry certification; and
2513 (q) Strategies to redirect appropriated career funding in
2514 secondary and postsecondary institutions to support career
2515 academies and career-themed courses that lead to industry
2516 certification.
2517 (4) The State Board of Education shall establish a process
2518 for the continual and uninterrupted review of newly proposed
2519 core secondary courses and existing courses requested to be
2520 considered as core courses to ensure that sufficient rigor and
2521 relevance is provided for workforce skills and postsecondary
2522 education and aligned to state curriculum standards.
2523 (b) The curriculum review committee shall review newly
2524 proposed core courses electronically. Each proposed core course
2525 shall be approved or denied within 30 days after submission by a
2526 district school board or local regional workforce development
2527 board. All courses approved as core courses for purposes of
2528 middle school promotion and high school graduation shall be
2529 immediately added to the Course Code Directory. Approved core
2530 courses shall also be reviewed and considered for approval for
2531 dual enrollment credit. The Board of Governors and the
2532 Commissioner of Education shall jointly recommend an annual
2533 deadline for approval of new core courses to be included for
2534 purposes of postsecondary admissions and dual enrollment credit
2535 the following academic year. The State Board of Education shall
2536 establish an appeals process in the event that a proposed course
2537 is denied which shall require a consensus ruling by the
2538 Department of Economic Opportunity and the Commissioner of
2539 Education within 15 days.
2540 Section 45. Paragraph (a) of subsection (3) of section
2541 1003.492, Florida Statutes, is amended to read:
2542 1003.492 Industry-certified career education programs.—
2543 (3) The State Board of Education shall use the expertise of
2544 CareerSource Florida, Inc., and the Department of Agriculture
2545 and Consumer Services to develop and adopt rules pursuant to ss.
2546 120.536(1) and 120.54 for implementing an industry certification
2547 process.
2548 (a) For nonfarm occupations, industry certification must be
2549 based upon the highest available national standards for specific
2550 industry certification to ensure student skill proficiency and
2551 to address emerging labor market and industry trends. A local
2552 regional workforce development board or a school principal may
2553 apply to CareerSource Florida, Inc., to request additions to the
2554 approved list of industry certifications based on high-skill,
2555 high-wage, and high-demand job requirements in the local
2556 regional economy.
2557 Section 46. Subsection (1) and paragraph (d) of subsection
2558 (4) of section 1003.493, Florida Statutes, are amended to read:
2559 1003.493 Career and professional academies and career
2560 themed courses.—
2561 (1)(a) A “career and professional academy” is a research
2562 based program that integrates a rigorous academic curriculum
2563 with an industry-specific curriculum aligned directly to
2564 priority workforce needs established by the local regional
2565 workforce development board or the Department of Economic
2566 Opportunity. Career and professional academies shall be offered
2567 by public schools and school districts. The Florida Virtual
2568 School is encouraged to develop and offer rigorous career and
2569 professional courses as appropriate. Students completing career
2570 and professional academy programs must receive a standard high
2571 school diploma, the highest available industry certification,
2572 and opportunities to earn postsecondary credit if the academy
2573 partners with a postsecondary institution approved to operate in
2574 the state.
2575 (b) A “career-themed course” is a course, or a course in a
2576 series of courses, that leads to an industry certification
2577 identified in the CAPE Industry Certification Funding List
2578 pursuant to rules adopted by the State Board of Education.
2579 Career-themed courses have industry-specific curriculum aligned
2580 directly to priority workforce needs established by the local
2581 regional workforce development board or the Department of
2582 Economic Opportunity. School districts shall offer at least two
2583 career-themed courses, and each secondary school is encouraged
2584 to offer at least one career-themed course. The Florida Virtual
2585 School is encouraged to develop and offer rigorous career-themed
2586 courses as appropriate. Students completing a career-themed
2587 course must be provided opportunities to earn postsecondary
2588 credit if the credit for the career-themed course can be
2589 articulated to a postsecondary institution approved to operate
2590 in the state.
2591 (4) Each career and professional academy and secondary
2592 school providing a career-themed course must:
2593 (d) Provide instruction in careers designated as high
2594 skill, high-wage, and high-demand by the local regional
2595 workforce development board, the chamber of commerce, economic
2596 development agencies, or the Department of Economic Opportunity.
2597 Section 47. Subsection (1) of section 1003.4935, Florida
2598 Statutes, is amended to read:
2599 1003.4935 Middle grades career and professional academy
2600 courses and career-themed courses.—
2601 (1) Beginning with the 2011-2012 school year, each district
2602 school board, in collaboration with local regional workforce
2603 development boards, economic development agencies, and state
2604 approved postsecondary institutions, shall include plans to
2605 implement a career and professional academy or a career-themed
2606 course, as defined in s. 1003.493(1)(b), in at least one middle
2607 school in the district as part of the strategic 3-year plan
2608 pursuant to s. 1003.491(2). The strategic plan must provide
2609 students the opportunity to transfer from a middle school career
2610 and professional academy or a career-themed course to a high
2611 school career and professional academy or a career-themed course
2612 currently operating within the school district. Students who
2613 complete a middle school career and professional academy or a
2614 career-themed course must have the opportunity to earn an
2615 industry certificate and high school credit and participate in
2616 career planning, job shadowing, and business leadership
2617 development activities.
2618 Section 48. Paragraph (a) of subsection (1) of section
2619 1003.52, Florida Statutes, is amended to read:
2620 1003.52 Educational services in Department of Juvenile
2621 Justice programs.—
2622 (1) The Department of Education shall serve as the lead
2623 agency for juvenile justice education programs, curriculum,
2624 support services, and resources. To this end, the Department of
2625 Education and the Department of Juvenile Justice shall each
2626 designate a Coordinator for Juvenile Justice Education Programs
2627 to serve as the point of contact for resolving issues not
2628 addressed by district school boards and to provide each
2629 department’s participation in the following activities:
2630 (a) Training, collaborating, and coordinating with district
2631 school boards, local regional workforce development boards, and
2632 local youth councils, educational contract providers, and
2633 juvenile justice providers, whether state operated or
2634 contracted.
2635
2636 Annually, a cooperative agreement and plan for juvenile justice
2637 education service enhancement shall be developed between the
2638 Department of Juvenile Justice and the Department of Education
2639 and submitted to the Secretary of Juvenile Justice and the
2640 Commissioner of Education by June 30. The plan shall include, at
2641 a minimum, each agency’s role regarding educational program
2642 accountability, technical assistance, training, and coordination
2643 of services.
2644 Section 49. Paragraph (a) of subsection (3) and paragraph
2645 (e) of subsection (4) of section 1004.93, Florida Statutes, are
2646 amended to read:
2647 1004.93 Adult general education.—
2648 (3)(a) Each district school board or Florida College System
2649 institution board of trustees shall negotiate with the local
2650 regional workforce development board for basic and functional
2651 literacy skills assessments for participants in the welfare
2652 transition employment and training programs. Such assessments
2653 shall be conducted at a site mutually acceptable to the district
2654 school board or Florida College System institution board of
2655 trustees and the local regional workforce development board.
2656 (4)
2657 (e) A district school board or a Florida College System
2658 institution board of trustees may negotiate a contract with the
2659 local regional workforce development board for specialized
2660 services for participants in the welfare transition program,
2661 beyond what is routinely provided for the general public, to be
2662 funded by the local regional workforce development board.
2663 Section 50. Paragraph (b) of subsection (1) of section
2664 1006.261, Florida Statutes, is amended to read:
2665 1006.261 Use of school buses for public purposes.—
2666 (1)
2667 (b) Each district school board may enter into agreements
2668 with local regional workforce development boards for the
2669 provision of transportation services to participants in the
2670 welfare transition program. Agreements must provide for
2671 reimbursement in full or in part for the proportionate share of
2672 fixed and operating costs incurred by the district school board
2673 attributable to the use of buses in accordance with the
2674 agreement.
2675 Section 51. Paragraph (e) of subsection (1) of section
2676 1009.25, Florida Statutes, is amended to read:
2677 1009.25 Fee exemptions.—
2678 (1) The following students are exempt from the payment of
2679 tuition and fees, including lab fees, at a school district that
2680 provides workforce education programs, Florida College System
2681 institution, or state university:
2682 (e) A student enrolled in an employment and training
2683 program under the welfare transition program. The local regional
2684 workforce development board shall pay the state university,
2685 Florida College System institution, or school district for costs
2686 incurred for welfare transition program participants.
2687 Section 52. This act shall take effect July 1, 2016.