CS for SB 7040 First Engrossed
20167040e1
1 A bill to be entitled
2 An act relating to workforce development; amending s.
3 20.60, F.S.; conforming provisions to changes made by
4 the act; amending s. 115.01, F.S.; authorizing a
5 county or state official to be granted leave of
6 absence from his or her office to serve in the
7 National Guard of any state; amending ss. 212.08,
8 220.183, and 250.10, F.S.; conforming provisions to
9 changes made by the act; amending s. 250.482, F.S.;
10 revising applicability of provisions with respect to
11 immunity from penalization by employers for National
12 Guard members ordered into state active duty; amending
13 s. 250.81, F.S.; revising legislative intent; amending
14 ss. 288.047, 290.0056, 322.34, 341.052, 414.045,
15 414.065, 414.085, 414.095, 414.105, 414.106, 414.295,
16 420.623, 420.624, 427.013, 427.0155, 427.0157,
17 433.091, and 443.1116, F.S.; conforming provisions to
18 changes made by the act; amending s. 445.003, F.S.;
19 providing implementation of the federal Workforce
20 Innovation and Opportunity Act through a 4-year plan;
21 revising the requirements of the plan; deleting a
22 provision authorizing an optional federal partner to
23 fulfill certain state planning and reporting
24 requirements; deleting a provision requiring all
25 optional federal program partners to participate in
26 the second year of the plan; providing for program
27 administration; deleting certain eligibility
28 requirements for businesses; deleting the authority of
29 CareerSource Florida, Inc., to negotiate and settle
30 certain issues with the United States Department of
31 Labor; requiring CareerSource Florida, Inc., to enter
32 into a memorandum with the Florida Department of
33 Education to ensure compliance with the state plan for
34 workforce development; conforming provisions to
35 changes made by the act; amending s. 445.004, F.S.;
36 specifying membership requirements for the
37 CareerSource Florida, Inc., board of directors;
38 revising the entities required to collaborate with
39 CareerSource Florida, Inc., to establish certain
40 performance accountability measures; revising
41 requirements for the performance accountability
42 measures; deleting references to outcome tiers for
43 such measures; deleting a provision requiring certain
44 job placement reporting; conforming provisions to
45 changes made by the act; amending s. 445.006, F.S.;
46 providing for the development of a state plan to
47 include strategic and operational elements; deleting a
48 requirement that the strategic plan be updated or
49 modified each year; revising requirements for the
50 strategic and operational plans; conforming provisions
51 to changes made by the act; amending s. 445.007, F.S.;
52 revising local workforce development board membership
53 requirements; authorizing CareerSource Florida, Inc.,
54 to waive a certain board representative requirement
55 under certain circumstances; requiring CareerSource
56 Florida, Inc., to establish regional planning areas
57 subject to certain requirements by a certain date;
58 requiring local workforce development boards and
59 selected officials to prepare a regional workforce
60 development plan; conforming provisions to changes
61 made by the act; amending s. 445.0071, F.S.;
62 conforming provisions to changes made by the act;
63 amending s. 445.009, F.S.; requiring the local
64 workforce development board to enter into a memorandum
65 of understanding with each mandatory or optional
66 partner detailing certain contributions; providing
67 that costs will be allocated pursuant to a policy
68 established by the Governor under certain
69 circumstances; specifying the systems that may be
70 accessed with the one-stop delivery system; conforming
71 provisions to changes made by the act; amending s.
72 445.07, F.S.; requiring the Department of Education to
73 consult with the Department of Economic Opportunity in
74 preparing, or contracting with an entity to prepare,
75 certain economic security reports; amending ss.
76 445.014, 445.016, 445.017, 445.021, 445.022, 445.024,
77 445.025, 445.026, 445.030, 445.031, 445.048, 445.051,
78 985.622, 1002.83, 1003.491, 1003.492, 1003.493,
79 1003.4935, 1003.52, 1004.93, 1006.261, and 1009.25,
80 F.S.; conforming provisions to changes made by this
81 act; providing an effective date.
82
83 Be It Enacted by the Legislature of the State of Florida:
84
85 Section 1. Paragraph (c) of subsection (5) of section
86 20.60, Florida Statutes, is amended to read:
87 20.60 Department of Economic Opportunity; creation; powers
88 and duties.—
89 (5) The divisions within the department have specific
90 responsibilities to achieve the duties, responsibilities, and
91 goals of the department. Specifically:
92 (c) The Division of Workforce Services shall:
93 1. Prepare and submit a unified budget request for
94 workforce development in accordance with chapter 216 for, and in
95 conjunction with, CareerSource Florida, Inc., and its board.
96 2. Ensure that the state appropriately administers federal
97 and state workforce funding by administering plans and policies
98 of CareerSource Florida, Inc., under contract with CareerSource
99 Florida, Inc. The operating budget and midyear amendments
100 thereto must be part of such contract.
101 a. All program and fiscal instructions to local regional
102 workforce development boards shall emanate from the Department
103 of Economic Opportunity pursuant to plans and policies of
104 CareerSource Florida, Inc., which shall be responsible for all
105 policy directions to the local regional workforce development
106 boards.
107 b. Unless otherwise provided by agreement with CareerSource
108 Florida, Inc., administrative and personnel policies of the
109 Department of Economic Opportunity apply.
110 3. Implement the state’s reemployment assistance program.
111 The Department of Economic Opportunity shall ensure that the
112 state appropriately administers the reemployment assistance
113 program pursuant to state and federal law.
114 4. Assist in developing the 5-year statewide strategic plan
115 required by this section.
116 Section 2. Section 115.01, Florida Statutes, is amended to
117 read:
118 115.01 Leave of absence for military service.—Any county or
119 state official of the state, subject to the provisions and
120 conditions hereinafter set forth, may be granted leave of
121 absence from his or her office, to serve in the volunteer forces
122 of the United States, or in the National Guard of any the state,
123 or in the regular Army or Navy of the United States, when the
124 same shall be called into active service of the United States
125 during war between the United States and a foreign government.
126 Section 3. Paragraph (p) of subsection (5) of section
127 212.08, Florida Statutes, is amended to read:
128 212.08 Sales, rental, use, consumption, distribution, and
129 storage tax; specified exemptions.—The sale at retail, the
130 rental, the use, the consumption, the distribution, and the
131 storage to be used or consumed in this state of the following
132 are hereby specifically exempt from the tax imposed by this
133 chapter.
134 (5) EXEMPTIONS; ACCOUNT OF USE.—
135 (p) Community contribution tax credit for donations.—
136 1. Authorization.—Persons who are registered with the
137 department under s. 212.18 to collect or remit sales or use tax
138 and who make donations to eligible sponsors are eligible for tax
139 credits against their state sales and use tax liabilities as
140 provided in this paragraph:
141 a. The credit shall be computed as 50 percent of the
142 person’s approved annual community contribution.
143 b. The credit shall be granted as a refund against state
144 sales and use taxes reported on returns and remitted in the 12
145 months preceding the date of application to the department for
146 the credit as required in sub-subparagraph 3.c. If the annual
147 credit is not fully used through such refund because of
148 insufficient tax payments during the applicable 12-month period,
149 the unused amount may be included in an application for a refund
150 made pursuant to sub-subparagraph 3.c. in subsequent years
151 against the total tax payments made for such year. Carryover
152 credits may be applied for a 3-year period without regard to any
153 time limitation that would otherwise apply under s. 215.26.
154 c. A person may not receive more than $200,000 in annual
155 tax credits for all approved community contributions made in any
156 one year.
157 d. All proposals for the granting of the tax credit require
158 the prior approval of the Department of Economic Opportunity.
159 e. The total amount of tax credits which may be granted for
160 all programs approved under this paragraph, s. 220.183, and s.
161 624.5105 is $18.4 million in the 2015-2016 fiscal year, $21.4
162 million in the 2016-2017 fiscal year, and $21.4 million in the
163 2017-2018 fiscal year for projects that provide housing
164 opportunities for persons with special needs or homeownership
165 opportunities for low-income households or very-low-income
166 households and $3.5 million annually for all other projects. As
167 used in this paragraph, the term “person with special needs” has
168 the same meaning as in s. 420.0004 and the terms “low-income
169 person,” “low-income household,” “very-low-income person,” and
170 “very-low-income household” have the same meanings as in s.
171 420.9071.
172 f. A person who is eligible to receive the credit provided
173 in this paragraph, s. 220.183, or s. 624.5105 may receive the
174 credit only under one section of the person’s choice.
175 2. Eligibility requirements.—
176 a. A community contribution by a person must be in the
177 following form:
178 (I) Cash or other liquid assets;
179 (II) Real property;
180 (III) Goods or inventory; or
181 (IV) Other physical resources identified by the Department
182 of Economic Opportunity.
183 b. All community contributions must be reserved exclusively
184 for use in a project. As used in this sub-subparagraph, the term
185 “project” means activity undertaken by an eligible sponsor which
186 is designed to construct, improve, or substantially rehabilitate
187 housing that is affordable to low-income households or very-low
188 income households; designed to provide housing opportunities for
189 persons with special needs; designed to provide commercial,
190 industrial, or public resources and facilities; or designed to
191 improve entrepreneurial and job-development opportunities for
192 low-income persons. A project may be the investment necessary to
193 increase access to high-speed broadband capability in a rural
194 community that had an enterprise zone designated pursuant to
195 chapter 290 as of May 1, 2015, including projects that result in
196 improvements to communications assets that are owned by a
197 business. A project may include the provision of museum
198 educational programs and materials that are directly related to
199 a project approved between January 1, 1996, and December 31,
200 1999, and located in an area which was in an enterprise zone
201 designated pursuant to s. 290.0065 as of May 1, 2015. This
202 paragraph does not preclude projects that propose to construct
203 or rehabilitate housing for low-income households or very-low
204 income households on scattered sites or housing opportunities
205 for persons with special needs. With respect to housing,
206 contributions may be used to pay the following eligible special
207 needs, low-income, and very-low-income housing-related
208 activities:
209 (I) Project development impact and management fees for
210 special needs, low-income, or very-low-income housing projects;
211 (II) Down payment and closing costs for persons with
212 special needs, low-income persons, and very-low-income persons;
213 (III) Administrative costs, including housing counseling
214 and marketing fees, not to exceed 10 percent of the community
215 contribution, directly related to special needs, low-income, or
216 very-low-income projects; and
217 (IV) Removal of liens recorded against residential property
218 by municipal, county, or special district local governments if
219 satisfaction of the lien is a necessary precedent to the
220 transfer of the property to a low-income person or very-low
221 income person for the purpose of promoting home ownership.
222 Contributions for lien removal must be received from a
223 nonrelated third party.
224 c. The project must be undertaken by an “eligible sponsor,”
225 which includes:
226 (I) A community action program;
227 (II) A nonprofit community-based development organization
228 whose mission is the provision of housing for persons with
229 specials needs, low-income households, or very-low-income
230 households or increasing entrepreneurial and job-development
231 opportunities for low-income persons;
232 (III) A neighborhood housing services corporation;
233 (IV) A local housing authority created under chapter 421;
234 (V) A community redevelopment agency created under s.
235 163.356;
236 (VI) A historic preservation district agency or
237 organization;
238 (VII) A local regional workforce development board;
239 (VIII) A direct-support organization as provided in s.
240 1009.983;
241 (IX) An enterprise zone development agency created under s.
242 290.0056;
243 (X) A community-based organization incorporated under
244 chapter 617 which is recognized as educational, charitable, or
245 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
246 and whose bylaws and articles of incorporation include
247 affordable housing, economic development, or community
248 development as the primary mission of the corporation;
249 (XI) Units of local government;
250 (XII) Units of state government; or
251 (XIII) Any other agency that the Department of Economic
252 Opportunity designates by rule.
253
254 A contributing person may not have a financial interest in the
255 eligible sponsor.
256 d. The project must be located in an area which was in an
257 enterprise zone designated pursuant to chapter 290 as of May 1,
258 2015, or a Front Porch Florida Community, unless the project
259 increases access to high-speed broadband capability in a rural
260 community that had an enterprise zone designated pursuant to
261 chapter 290 as of May 1, 2015, but is physically located outside
262 the designated rural zone boundaries. Any project designed to
263 construct or rehabilitate housing for low-income households or
264 very-low-income households or housing opportunities for persons
265 with special needs is exempt from the area requirement of this
266 sub-subparagraph.
267 e.(I) If, during the first 10 business days of the state
268 fiscal year, eligible tax credit applications for projects that
269 provide housing opportunities for persons with special needs or
270 homeownership opportunities for low-income households or very
271 low-income households are received for less than the annual tax
272 credits available for those projects, the Department of Economic
273 Opportunity shall grant tax credits for those applications and
274 grant remaining tax credits on a first-come, first-served basis
275 for subsequent eligible applications received before the end of
276 the state fiscal year. If, during the first 10 business days of
277 the state fiscal year, eligible tax credit applications for
278 projects that provide housing opportunities for persons with
279 special needs or homeownership opportunities for low-income
280 households or very-low-income households are received for more
281 than the annual tax credits available for those projects, the
282 Department of Economic Opportunity shall grant the tax credits
283 for those applications as follows:
284 (A) If tax credit applications submitted for approved
285 projects of an eligible sponsor do not exceed $200,000 in total,
286 the credits shall be granted in full if the tax credit
287 applications are approved.
288 (B) If tax credit applications submitted for approved
289 projects of an eligible sponsor exceed $200,000 in total, the
290 amount of tax credits granted pursuant to sub-sub-sub
291 subparagraph (A) shall be subtracted from the amount of
292 available tax credits, and the remaining credits shall be
293 granted to each approved tax credit application on a pro rata
294 basis.
295 (II) If, during the first 10 business days of the state
296 fiscal year, eligible tax credit applications for projects other
297 than those that provide housing opportunities for persons with
298 special needs or homeownership opportunities for low-income
299 households or very-low-income households are received for less
300 than the annual tax credits available for those projects, the
301 Department of Economic Opportunity shall grant tax credits for
302 those applications and shall grant remaining tax credits on a
303 first-come, first-served basis for subsequent eligible
304 applications received before the end of the state fiscal year.
305 If, during the first 10 business days of the state fiscal year,
306 eligible tax credit applications for projects other than those
307 that provide housing opportunities for persons with special
308 needs or homeownership opportunities for low-income households
309 or very-low-income households are received for more than the
310 annual tax credits available for those projects, the Department
311 of Economic Opportunity shall grant the tax credits for those
312 applications on a pro rata basis.
313 3. Application requirements.—
314 a. An eligible sponsor seeking to participate in this
315 program must submit a proposal to the Department of Economic
316 Opportunity which sets forth the name of the sponsor, a
317 description of the project, and the area in which the project is
318 located, together with such supporting information as is
319 prescribed by rule. The proposal must also contain a resolution
320 from the local governmental unit in which the project is located
321 certifying that the project is consistent with local plans and
322 regulations.
323 b. A person seeking to participate in this program must
324 submit an application for tax credit to the Department of
325 Economic Opportunity which sets forth the name of the sponsor, a
326 description of the project, and the type, value, and purpose of
327 the contribution. The sponsor shall verify, in writing, the
328 terms of the application and indicate its receipt of the
329 contribution, and such verification must accompany the
330 application for tax credit. The person must submit a separate
331 tax credit application to the Department of Economic Opportunity
332 for each individual contribution that it makes to each
333 individual project.
334 c. A person who has received notification from the
335 Department of Economic Opportunity that a tax credit has been
336 approved must apply to the department to receive the refund.
337 Application must be made on the form prescribed for claiming
338 refunds of sales and use taxes and be accompanied by a copy of
339 the notification. A person may submit only one application for
340 refund to the department within a 12-month period.
341 4. Administration.—
342 a. The Department of Economic Opportunity may adopt rules
343 necessary to administer this paragraph, including rules for the
344 approval or disapproval of proposals by a person.
345 b. The decision of the Department of Economic Opportunity
346 must be in writing, and, if approved, the notification shall
347 state the maximum credit allowable to the person. Upon approval,
348 the Department of Economic Opportunity shall transmit a copy of
349 the decision to the department.
350 c. The Department of Economic Opportunity shall
351 periodically monitor all projects in a manner consistent with
352 available resources to ensure that resources are used in
353 accordance with this paragraph; however, each project must be
354 reviewed at least once every 2 years.
355 d. The Department of Economic Opportunity shall, in
356 consultation with the statewide and regional housing and
357 financial intermediaries, market the availability of the
358 community contribution tax credit program to community-based
359 organizations.
360 5. Expiration.—This paragraph expires June 30, 2018;
361 however, any accrued credit carryover that is unused on that
362 date may be used until the expiration of the 3-year carryover
363 period for such credit.
364 Section 4. Paragraph (c) of subsection (2) of section
365 220.183, Florida Statutes, is amended to read:
366 220.183 Community contribution tax credit.—
367 (2) ELIGIBILITY REQUIREMENTS.—
368 (c) The project must be undertaken by an “eligible
369 sponsor,” defined here as:
370 1. A community action program;
371 2. A nonprofit community-based development organization
372 whose mission is the provision of housing for persons with
373 special needs or low-income or very-low-income households or
374 increasing entrepreneurial and job-development opportunities for
375 low-income persons;
376 3. A neighborhood housing services corporation;
377 4. A local housing authority, created pursuant to chapter
378 421;
379 5. A community redevelopment agency, created pursuant to s.
380 163.356;
381 6. A historic preservation district agency or organization;
382 7. A local regional workforce development board;
383 8. A direct-support organization as provided in s.
384 1009.983;
385 9. An enterprise zone development agency created pursuant
386 to s. 290.0056;
387 10. A community-based organization incorporated under
388 chapter 617 which is recognized as educational, charitable, or
389 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
390 and whose bylaws and articles of incorporation include
391 affordable housing, economic development, or community
392 development as the primary mission of the corporation;
393 11. Units of local government;
394 12. Units of state government; or
395 13. Such other agency as the Department of Economic
396 Opportunity may, from time to time, designate by rule.
397
398 In no event shall a contributing business firm have a financial
399 interest in the eligible sponsor.
400 Section 5. Paragraph (l) of subsection (2) of section
401 250.10, Florida Statutes, is amended to read:
402 250.10 Appointment and duties of the Adjutant General.—
403 (2) The Adjutant General shall:
404 (l) Subject to annual appropriations, administer youth
405 About Face programs and adult Forward March programs at sites to
406 be selected by the Adjutant General. Both programs must provide
407 schoolwork assistance, focusing on the skills needed to master
408 basic high school competencies and functional life skills,
409 including teaching students to work effectively in groups;
410 providing basic instruction in computer skills; teaching basic
411 problem-solving, decisionmaking, and reasoning skills; teaching
412 how the business world and free enterprise work through computer
413 simulations; and teaching home finance and budgeting and other
414 daily living skills.
415 1. About Face is a summer and year-round after-school life
416 preparation program for economically disadvantaged and at-risk
417 youths from 13 through 17 years of age. The program must provide
418 training in academic study skills, and the basic skills that
419 businesses require for employment consideration.
420 2. Forward March is a job-readiness program for
421 economically disadvantaged participants who are directed to
422 Forward March by the local regional workforce development
423 boards. The Forward March program shall provide training on
424 topics that directly relate to the skills required for real
425 world success. The program shall emphasize functional life
426 skills, computer literacy, interpersonal relationships,
427 critical-thinking skills, business skills, preemployment and
428 work maturity skills, job-search skills, exploring careers
429 activities, how to be a successful and effective employee, and
430 some job-specific skills. The program also shall provide
431 extensive opportunities for participants to practice generic job
432 skills in a supervised work setting. Upon completion of the
433 program, Forward March shall return participants to the local
434 regional workforce development boards for placement in a job
435 placement pool.
436 Section 6. Subsection (1) of section 250.482, Florida
437 Statutes, is amended to read:
438 250.482 Troops ordered into state active service; not to be
439 penalized by employers and postsecondary institutions.—
440 (1) If a member of the National Guard is ordered into state
441 active duty pursuant to this chapter or into active duty as
442 defined by the law of any other state, a private or public
443 employer, or an employing or appointing authority of this state,
444 its counties, school districts, municipalities, political
445 subdivisions, career centers, community colleges, or
446 universities, may not discharge, reprimand, or in any other way
447 penalize such member because of his or her absence by reason of
448 state active duty.
449 Section 7. Section 250.81, Florida Statutes, is amended to
450 read:
451 250.81 Legislative intent.—It is the intent of the
452 Legislature that men and women who serve in the National Guard
453 of any state Florida National Guard, the United States Armed
454 Forces, and Armed Forces Reserves understand their rights under
455 applicable state and federal laws. Further, it is the intent of
456 the Legislature that Florida residents and businesses understand
457 the rights afforded to the men and women who volunteer their
458 time and sacrifice their lives to protect the freedoms granted
459 by the Constitutions of the United States and the State of
460 Florida.
461 Section 8. Subsection (8) of section 288.047, Florida
462 Statutes, is amended to read:
463 288.047 Quick-response training for economic development.—
464 (8) The Quick-Response Training Program is created to
465 provide assistance to participants in the welfare transition
466 program. CareerSource Florida, Inc., may award quick-response
467 training grants and develop applicable guidelines for the
468 training of participants in the welfare transition program. In
469 addition to a local economic development organization, grants
470 must be endorsed by the applicable local regional workforce
471 development board.
472 (a) Training funded pursuant to this subsection may not
473 exceed 12 months, and may be provided by the local community
474 college, school district, local regional workforce development
475 board, or the business employing the participant, including on
476 the-job training. Training will provide entry-level skills to
477 new workers, including those employed in retail, who are
478 participants in the welfare transition program.
479 (b) Participants trained pursuant to this subsection must
480 be employed at a job paying at least $6 per hour.
481 (c) Funds made available pursuant to this subsection may be
482 expended in connection with the relocation of a business from
483 one community to another if approved by CareerSource Florida,
484 Inc.
485 Section 9. Subsection (2) of section 290.0056, Florida
486 Statutes, is amended to read:
487 290.0056 Enterprise zone development agency.—
488 (2) When the governing body creates an enterprise zone
489 development agency, that body shall appoint a board of
490 commissioners of the agency, which shall consist of not fewer
491 than 8 or more than 13 commissioners. The governing body may
492 appoint at least one representative from each of the following:
493 the local chamber of commerce; local financial or insurance
494 entities; local businesses and, where possible, businesses
495 operating within the nominated area; the residents residing
496 within the nominated area; nonprofit community-based
497 organizations operating within the nominated area; the local
498 regional workforce development board; the local code enforcement
499 agency; and the local law enforcement agency. The terms of
500 office of the commissioners shall be for 4 years, except that,
501 in making the initial appointments, the governing body shall
502 appoint two members for terms of 3 years, two members for terms
503 of 2 years, and one member for a term of 1 year; the remaining
504 initial members shall serve for terms of 4 years. A vacancy
505 occurring during a term shall be filled for the unexpired term.
506 The importance of including individuals from the nominated area
507 shall be considered in making appointments. Further, the
508 importance of minority representation on the agency shall be
509 considered in making appointments so that the agency generally
510 reflects the gender and ethnic composition of the community as a
511 whole.
512 Section 10. Paragraph (c) of subsection (9) of section
513 322.34, Florida Statutes, is amended to read:
514 322.34 Driving while license suspended, revoked, canceled,
515 or disqualified.—
516 (9)
517 (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when
518 the seizing agency obtains a final judgment granting forfeiture
519 of the motor vehicle under this section, 30 percent of the net
520 proceeds from the sale of the motor vehicle shall be retained by
521 the seizing law enforcement agency and 70 percent shall be
522 deposited in the General Revenue Fund for use by local regional
523 workforce development boards in providing transportation
524 services for participants of the welfare transition program. In
525 a forfeiture proceeding under this section, the court may
526 consider the extent that the family of the owner has other
527 public or private means of transportation.
528 Section 11. Subsection (1) of section 341.052, Florida
529 Statutes, is amended to read:
530 341.052 Public transit block grant program; administration;
531 eligible projects; limitation.—
532 (1) There is created a public transit block grant program
533 which shall be administered by the department. Block grant funds
534 shall only be provided to “Section 9” providers and “Section 18”
535 providers designated by the United States Department of
536 Transportation and community transportation coordinators as
537 defined in chapter 427. Eligible providers must establish public
538 transportation development plans consistent, to the maximum
539 extent feasible, with approved local government comprehensive
540 plans of the units of local government in which the provider is
541 located. In developing public transportation development plans,
542 eligible providers must solicit comments from local regional
543 workforce development boards established under chapter 445. The
544 development plans must address how the public transit provider
545 will work with the appropriate local regional workforce
546 development board to provide services to participants in the
547 welfare transition program. Eligible providers must provide
548 information to the local regional workforce development board
549 serving the county in which the provider is located regarding
550 the availability of transportation services to assist program
551 participants.
552 Section 12. Subsection (2) of section 414.045, Florida
553 Statutes, is amended to read:
554 414.045 Cash assistance program.—Cash assistance families
555 include any families receiving cash assistance payments from the
556 state program for temporary assistance for needy families as
557 defined in federal law, whether such funds are from federal
558 funds, state funds, or commingled federal and state funds. Cash
559 assistance families may also include families receiving cash
560 assistance through a program defined as a separate state
561 program.
562 (2) Oversight by the board of directors of CareerSource
563 Florida, Inc., and the service delivery and financial planning
564 responsibilities of the local regional workforce development
565 boards apply to the families defined as work-eligible cases in
566 paragraph (1)(a). The department shall be responsible for
567 program administration related to families in groups defined in
568 paragraph (1)(b), and the department shall coordinate such
569 administration with the board of directors of CareerSource
570 Florida, Inc., to the extent needed for operation of the
571 program.
572 Section 13. Paragraphs (a), (d), and (e) of subsection (4)
573 of section 414.065, Florida Statutes, are amended to read:
574 414.065 Noncompliance with work requirements.—
575 (4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.—Unless otherwise
576 provided, the situations listed in this subsection shall
577 constitute exceptions to the penalties for noncompliance with
578 participation requirements, except that these situations do not
579 constitute exceptions to the applicable time limit for receipt
580 of temporary cash assistance:
581 (a) Noncompliance related to child care.—Temporary cash
582 assistance may not be terminated for refusal to participate in
583 work activities if the individual is a single parent caring for
584 a child who has not attained 6 years of age, and the adult
585 proves to the local regional workforce development board an
586 inability to obtain needed child care for one or more of the
587 following reasons, as defined in the Child Care and Development
588 Fund State Plan required by 45 C.F.R. part 98:
589 1. Unavailability of appropriate child care within a
590 reasonable distance from the individual’s home or worksite.
591 2. Unavailability or unsuitability of informal child care
592 by a relative or under other arrangements.
593 3. Unavailability of appropriate and affordable formal
594 child care arrangements.
595 (d) Noncompliance related to medical incapacity.—If an
596 individual cannot participate in assigned work activities due to
597 a medical incapacity, the individual may be excepted from the
598 activity for a specific period, except that the individual shall
599 be required to comply with the course of treatment necessary for
600 the individual to resume participation. A participant may not be
601 excused from work activity requirements unless the participant’s
602 medical incapacity is verified by a physician licensed under
603 chapter 458 or chapter 459, in accordance with procedures
604 established by rule of the department. An individual for whom
605 there is medical verification of limitation to participate in
606 work activities shall be assigned to work activities consistent
607 with such limitations. Evaluation of an individual’s ability to
608 participate in work activities or development of a plan for work
609 activity assignment may include vocational assessment or work
610 evaluation. The department or a local regional workforce
611 development board may require an individual to cooperate in
612 medical or vocational assessment necessary to evaluate the
613 individual’s ability to participate in a work activity.
614 (e) Noncompliance related to outpatient mental health or
615 substance abuse treatment.—If an individual cannot participate
616 in the required hours of work activity due to a need to become
617 or remain involved in outpatient mental health or substance
618 abuse counseling or treatment, the individual may be exempted
619 from the work activity for up to 5 hours per week, not to exceed
620 100 hours per year. An individual may not be excused from a work
621 activity unless a mental health or substance abuse professional
622 recognized by the department or local regional workforce
623 development board certifies the treatment protocol and provides
624 verification of attendance at the counseling or treatment
625 sessions each week.
626 Section 14. Paragraph (d) of subsection (1) of section
627 414.085, Florida Statutes, is amended to read:
628 414.085 Income eligibility standards.—
629 (1) For purposes of program simplification and effective
630 program management, certain income definitions, as outlined in
631 the food assistance regulations at 7 C.F.R. s. 273.9, shall be
632 applied to the temporary cash assistance program as determined
633 by the department to be consistent with federal law regarding
634 temporary cash assistance and Medicaid for needy families,
635 except as to the following:
636 (d) An incentive payment to a participant authorized by a
637 local regional workforce development board may shall not be
638 considered income.
639 Section 15. Subsection (1) of section 414.095, Florida
640 Statutes, is amended to read:
641 414.095 Determining eligibility for temporary cash
642 assistance.—
643 (1) ELIGIBILITY.—An applicant must meet eligibility
644 requirements of this section before receiving services or
645 temporary cash assistance under this chapter, except that an
646 applicant shall be required to register for work and engage in
647 work activities in accordance with s. 445.024, as designated by
648 the local regional workforce development board, and may receive
649 support services or child care assistance in conjunction with
650 such requirement. The department shall make a determination of
651 eligibility based on the criteria listed in this chapter. The
652 department shall monitor continued eligibility for temporary
653 cash assistance through periodic reviews consistent with the
654 food assistance eligibility process. Benefits may shall not be
655 denied to an individual solely based on a felony drug
656 conviction, unless the conviction is for trafficking pursuant to
657 s. 893.135. To be eligible under this section, an individual
658 convicted of a drug felony must be satisfactorily meeting the
659 requirements of the temporary cash assistance program, including
660 all substance abuse treatment requirements. Within the limits
661 specified in this chapter, the state opts out of the provision
662 of Pub. L. No. 104-193, s. 115, that eliminates eligibility for
663 temporary cash assistance and food assistance for any individual
664 convicted of a controlled substance felony.
665 Section 16. Subsections (3) and (10) of section 414.105,
666 Florida Statutes, are amended to read:
667 414.105 Time limitations of temporary cash assistance.
668 Except as otherwise provided in this section, an applicant or
669 current participant shall receive temporary cash assistance for
670 no more than a lifetime cumulative total of 48 months, unless
671 otherwise provided by law.
672 (3) The department, in cooperation with CareerSource
673 Florida, Inc., shall establish a procedure for approving
674 hardship exemptions and for reviewing hardship cases at least
675 once every 2 years. Local Regional workforce development boards
676 may assist in making these determinations.
677 (10) A member of the staff of the local regional workforce
678 development board shall interview and assess the employment
679 prospects and barriers of each participant who is within 6
680 months of reaching the 48-month time limit. The staff member
681 shall assist the participant in identifying actions necessary to
682 become employed before prior to reaching the benefit time limit
683 for temporary cash assistance and, if appropriate, shall refer
684 the participant for services that could facilitate employment.
685 Section 17. Section 414.106, Florida Statutes, is amended
686 to read:
687 414.106 Exemption from public meetings law.—That portion of
688 a meeting held by the department, CareerSource Florida, Inc., or
689 a local regional workforce development board or local committee
690 created pursuant to s. 445.007 at which personal identifying
691 information contained in records relating to temporary cash
692 assistance is discussed is exempt from s. 286.011 and s. 24(b),
693 Art. I of the State Constitution if the information identifies a
694 participant, a participant’s family, or a participant’s family
695 or household member.
696 Section 18. Subsection (1) of section 414.295, Florida
697 Statutes, is amended to read:
698 414.295 Temporary cash assistance programs; public records
699 exemption.—
700 (1) Personal identifying information of a temporary cash
701 assistance program participant, a participant’s family, or a
702 participant’s family or household member, except for information
703 identifying a parent who does not live in the same home as the
704 child, which is held by the department, the Office of Early
705 Learning, CareerSource Florida, Inc., the Department of Health,
706 the Department of Revenue, the Department of Education, or a
707 local regional workforce development board or local committee
708 created pursuant to s. 445.007 is confidential and exempt from
709 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
710 Such confidential and exempt information may be released for
711 purposes directly connected with:
712 (a) The administration of the temporary assistance for
713 needy families plan under Title IV-A of the Social Security Act,
714 as amended, by the department, the Office of Early Learning,
715 CareerSource Florida, Inc., the Department of Military Affairs,
716 the Department of Health, the Department of Revenue, the
717 Department of Education, a local regional workforce development
718 board or local committee created pursuant to s. 445.007, or a
719 school district.
720 (b) The administration of the state’s plan or program
721 approved under Title IV-B, Title IV-D, or Title IV-E of the
722 Social Security Act, as amended, or under Title I, Title X,
723 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
724 Social Security Act, as amended.
725 (c) An investigation, prosecution, or criminal, civil, or
726 administrative proceeding conducted in connection with the
727 administration of any of the plans or programs specified in
728 paragraph (a) or paragraph (b) by a federal, state, or local
729 governmental entity, upon request by that entity, if such
730 request is made pursuant to the proper exercise of that entity’s
731 duties and responsibilities.
732 (d) The administration of any other state, federal, or
733 federally assisted program that provides assistance or services
734 on the basis of need, in cash or in kind, directly to a
735 participant.
736 (e) An audit or similar activity, such as a review of
737 expenditure reports or financial review, conducted in connection
738 with the administration of plans or programs specified in
739 paragraph (a) or paragraph (b) by a governmental entity
740 authorized by law to conduct such audit or activity.
741 (f) The administration of the reemployment assistance
742 program.
743 (g) The reporting to the appropriate agency or official of
744 information about known or suspected instances of physical or
745 mental injury, sexual abuse or exploitation, or negligent
746 treatment or maltreatment of a child or elderly person receiving
747 assistance, if circumstances indicate that the health or welfare
748 of the child or elderly person is threatened.
749 (h) The administration of services to elderly persons under
750 ss. 430.601-430.606.
751 Section 19. Paragraph (e) of subsection (1) of section
752 420.623, Florida Statutes, is amended to read:
753 420.623 Local coalitions for the homeless.—
754 (1) ESTABLISHMENT.—The department shall establish local
755 coalitions to plan, network, coordinate, and monitor the
756 delivery of services to the homeless. Appropriate local groups
757 and organizations involved in providing services for the
758 homeless and interested business groups and associations shall
759 be given an opportunity to participate in such coalitions,
760 including, but not limited to:
761 (e) Local Regional workforce development boards.
762 Section 20. Subsection (8) of section 420.624, Florida
763 Statutes, is amended to read:
764 420.624 Local homeless assistance continuum of care.—
765 (8) Continuum of care plans must promote participation by
766 all interested individuals and organizations and may not exclude
767 individuals and organizations on the basis of race, color,
768 national origin, sex, handicap, familial status, or religion.
769 Faith-based organizations must be encouraged to participate. To
770 the extent possible, these components should be coordinated and
771 integrated with other mainstream health, social services, and
772 employment programs for which homeless populations may be
773 eligible, including Medicaid, State Children’s Health Insurance
774 Program, Temporary Assistance for Needy Families, Food
775 Assistance Program, and services funded through the Mental
776 Health and Substance Abuse Block Grant, the Workforce Innovation
777 and Opportunity Investment Act, and the welfare-to-work grant
778 program.
779 Section 21. Subsection (27) of section 427.013, Florida
780 Statutes, is amended to read:
781 427.013 The Commission for the Transportation
782 Disadvantaged; purpose and responsibilities.—The purpose of the
783 commission is to accomplish the coordination of transportation
784 services provided to the transportation disadvantaged. The goal
785 of this coordination is to assure the cost-effective provision
786 of transportation by qualified community transportation
787 coordinators or transportation operators for the transportation
788 disadvantaged without any bias or presumption in favor of
789 multioperator systems or not-for-profit transportation operators
790 over single operator systems or for-profit transportation
791 operators. In carrying out this purpose, the commission shall:
792 (27) Ensure that local community transportation
793 coordinators work cooperatively with local regional workforce
794 development boards established in chapter 445 to provide
795 assistance in the development of innovative transportation
796 services for participants in the welfare transition program.
797 Section 22. Subsection (9) of section 427.0155, Florida
798 Statutes, is amended to read:
799 427.0155 Community transportation coordinators; powers and
800 duties.—Community transportation coordinators shall have the
801 following powers and duties:
802 (9) Work cooperatively with local regional workforce
803 development boards established in chapter 445 to provide
804 assistance in the development of innovative transportation
805 services for participants in the welfare transition program.
806 Section 23. Subsection (7) of section 427.0157, Florida
807 Statutes, is amended to read:
808 427.0157 Coordinating boards; powers and duties.—The
809 purpose of each coordinating board is to develop local service
810 needs and to provide information, advice, and direction to the
811 community transportation coordinators on the coordination of
812 services to be provided to the transportation disadvantaged. The
813 commission shall, by rule, establish the membership of
814 coordinating boards. The members of each board shall be
815 appointed by the metropolitan planning organization or
816 designated official planning agency. The appointing authority
817 shall provide each board with sufficient staff support and
818 resources to enable the board to fulfill its responsibilities
819 under this section. Each board shall meet at least quarterly and
820 shall:
821 (7) Work cooperatively with local regional workforce
822 development boards established in chapter 445 to provide
823 assistance in the development of innovative transportation
824 services for participants in the welfare transition program.
825 Section 24. Paragraphs (b) and (c) of subsection (1) of
826 section 443.091, Florida Statutes, are amended to read:
827 443.091 Benefit eligibility conditions.—
828 (1) An unemployed individual is eligible to receive
829 benefits for any week only if the Department of Economic
830 Opportunity finds that:
831 (b) She or he has completed the department’s online work
832 registration and subsequently reports to the one-stop career
833 center as directed by the local regional workforce development
834 board for reemployment services. This requirement does not apply
835 to persons who are:
836 1. Non-Florida residents;
837 2. On a temporary layoff;
838 3. Union members who customarily obtain employment through
839 a union hiring hall;
840 4. Claiming benefits under an approved short-time
841 compensation plan as provided in s. 443.1116; or
842 5. Unable to complete the online work registration due to
843 illiteracy, physical or mental impairment, a legal prohibition
844 from using a computer, or a language impediment. If a person is
845 exempted from the online work registration under this
846 subparagraph, then the filing of his or her claim constitutes
847 registration for work.
848 (c) To make continued claims for benefits, she or he is
849 reporting to the department in accordance with this paragraph
850 and department rules. Department rules may not conflict with s.
851 443.111(1)(b), which requires that each claimant continue to
852 report regardless of any pending appeal relating to her or his
853 eligibility or disqualification for benefits.
854 1. For each week of unemployment claimed, each report must,
855 at a minimum, include the name, address, and telephone number of
856 each prospective employer contacted, or the date the claimant
857 reported to a one-stop career center, pursuant to paragraph (d).
858 2. The department shall offer an online assessment aimed at
859 identifying an individual’s skills, abilities, and career
860 aptitude. The skills assessment must be voluntary, and the
861 department shall allow a claimant to choose whether to take the
862 skills assessment. The online assessment shall be made available
863 to any person seeking services from a local regional workforce
864 development board or a one-stop career center.
865 a. If the claimant chooses to take the online assessment,
866 the outcome of the assessment shall be made available to the
867 claimant, local regional workforce development board, and one
868 stop career center. The department, local workforce development
869 board, or one-stop career center shall use the assessment to
870 develop a plan for referring individuals to training and
871 employment opportunities. Aggregate data on assessment outcomes
872 may be made available to CareerSource Florida, Inc., and
873 Enterprise Florida, Inc., for use in the development of policies
874 related to education and training programs that will ensure that
875 businesses in this state have access to a skilled and competent
876 workforce.
877 b. Individuals shall be informed of and offered services
878 through the one-stop delivery system, including career
879 counseling, the provision of skill match and job market
880 information, and skills upgrade and other training
881 opportunities, and shall be encouraged to participate in such
882 services at no cost to the individuals. The department shall
883 coordinate with CareerSource Florida, Inc., the local workforce
884 development boards, and the one-stop career centers to identify,
885 develop, and use best practices for improving the skills of
886 individuals who choose to participate in skills upgrade and
887 other training opportunities. The department may contract with
888 an entity to create the online assessment in accordance with the
889 competitive bidding requirements in s. 287.057. The online
890 assessment must work seamlessly with the Reemployment Assistance
891 Claims and Benefits Information System.
892 Section 25. Paragraph (c) of subsection (5) of section
893 443.1116, Florida Statutes, is amended to read:
894 443.1116 Short-time compensation.—
895 (5) ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION
896 BENEFITS.—
897 (c) The department may not deny short-time compensation
898 benefits to an individual who is otherwise eligible for these
899 benefits for any week because such individual is participating
900 in an employer-sponsored training or a training under the
901 Workforce Innovation and Opportunity Investment Act to improve
902 job skills when the training is approved by the department.
903 Section 26. Section 445.003, Florida Statutes, is amended
904 to read:
905 445.003 Implementation of the federal Workforce Innovation
906 and Opportunity Investment Act of 1998.—
907 (1) WORKFORCE INNOVATION AND OPPORTUNITY INVESTMENT ACT
908 PRINCIPLES.—The state’s approach to implementing the federal
909 Workforce Innovation and Opportunity Investment Act of 1998,
910 Pub. L. No. 113-128 105-220, should have six elements:
911 (a) Streamlining services.—Florida’s employment and
912 training programs must be coordinated and consolidated at
913 locally managed one-stop delivery system centers.
914 (b) Empowering individuals.—Eligible participants will make
915 informed decisions, choosing the qualified training program that
916 best meets their needs.
917 (c) Universal access.—Through a one-stop delivery system,
918 every Floridian will have access to employment services.
919 (d) Increased accountability.—The state, localities, and
920 training providers will be held accountable for their
921 performance.
922 (e) Local board and private sector leadership.—Local
923 workforce development boards will focus on strategic planning,
924 policy development, and oversight of the local system, choosing
925 local managers to direct the operational details of their one
926 stop delivery system centers.
927 (f) Local flexibility and integration.—Localities will have
928 exceptional flexibility to build on existing reforms. Unified
929 planning will free local groups from conflicting
930 micromanagement, while waivers and WorkFlex will allow local
931 innovations.
932 (2) FOUR-YEAR FIVE-YEAR PLAN.—CareerSource Florida, Inc.,
933 shall prepare and submit a 4-year 5-year plan, consistent with
934 the requirements of the Workforce Innovation and Opportunity Act
935 which must include secondary career education, to fulfill the
936 early implementation requirements of Pub. L. No. 105-220 and
937 applicable state statutes. Mandatory and optional federal
938 partners shall be fully involved in designing the plan’s one
939 stop delivery system strategy. The plan must shall clearly
940 define each program’s statewide duties and role relating to the
941 system. Any optional federal partner may immediately choose to
942 fully integrate its program’s plan with this plan, which shall,
943 notwithstanding any other state provisions, fulfill all their
944 state planning and reporting requirements as they relate to the
945 one-stop delivery system. The plan must detail a process that
946 would fully integrate all federally mandated and optional
947 partners by the second year of the plan. All optional federal
948 program partners in the planning process shall be mandatory
949 participants in the second year of the plan.
950 (3) FUNDING.—
951 (a) Title I, Workforce Innovation and Opportunity
952 Investment Act of 1998 funds; Wagner-Peyser funds; and
953 NAFTA/Trade Act funds will be expended based on the 4-year 5
954 year plan of CareerSource Florida, Inc. The plan must shall
955 outline and direct the method used to administer and coordinate
956 various funds and programs that are operated by various
957 agencies. The following provisions apply to these funds:
958 1. At least 50 percent of the Title I funds for Adults and
959 Dislocated Workers which are passed through to local regional
960 workforce development boards shall be allocated to and expended
961 on Individual Training Accounts unless a local regional
962 workforce development board obtains a waiver from CareerSource
963 Florida, Inc. Tuition, books, and fees of training providers and
964 other training services prescribed and authorized by the
965 Workforce Innovation and Opportunity Investment Act of 1998
966 qualify as Individual Training Account expenditures.
967 2. Fifteen percent of Title I funding shall be retained at
968 the state level and dedicated to state administration and shall
969 be used to design, develop, induce, and fund innovative
970 Individual Training Account pilots, demonstrations, and
971 programs. Of such funds retained at the state level, $2 million
972 shall be reserved for the Incumbent Worker Training Program
973 created under subparagraph 3. Eligible state administration
974 costs include the costs of: funding for the board and staff of
975 CareerSource Florida, Inc.; operating fiscal, compliance, and
976 management accountability systems through CareerSource Florida,
977 Inc.; conducting evaluation and research on workforce
978 development activities; and providing technical and capacity
979 building assistance to local workforce development areas regions
980 at the direction of CareerSource Florida, Inc. Notwithstanding
981 s. 445.004, such administrative costs may not exceed 25 percent
982 of these funds. An amount not to exceed 75 percent of these
983 funds shall be allocated to Individual Training Accounts and
984 other workforce development strategies for other training
985 designed and tailored by CareerSource Florida, Inc., including,
986 but not limited to, programs for incumbent workers, displaced
987 homemakers, nontraditional employment, and enterprise zones.
988 CareerSource Florida, Inc., shall design, adopt, and fund
989 Individual Training Accounts for distressed urban and rural
990 communities.
991 3. The Incumbent Worker Training Program is created for the
992 purpose of providing grant funding for continuing education and
993 training of incumbent employees at existing Florida businesses.
994 The program will provide reimbursement grants to businesses that
995 pay for preapproved, direct, training-related costs.
996 a. The Incumbent Worker Training Program will be
997 administered by CareerSource Florida, Inc., which may, at its
998 discretion, contract with a private business organization to
999 serve as grant administrator.
1000 b. The program shall be administered pursuant to section
1001 134(d)(4) of the Workforce Innovation and Opportunity Act To be
1002 eligible for the program’s grant funding, a business must have
1003 been in operation in Florida for a minimum of 1 year prior to
1004 the application for grant funding; have at least one full-time
1005 employee; demonstrate financial viability; and be current on all
1006 state tax obligations. Priority for funding shall be given to
1007 businesses with 25 employees or fewer, businesses in rural
1008 areas, businesses in distressed inner-city areas, businesses in
1009 a qualified targeted industry, businesses whose grant proposals
1010 represent a significant upgrade in employee skills, or
1011 businesses whose grant proposals represent a significant layoff
1012 avoidance strategy.
1013 c. All costs reimbursed by the program must be preapproved
1014 by CareerSource Florida, Inc., or the grant administrator. The
1015 program may not reimburse businesses for trainee wages, the
1016 purchase of capital equipment, or the purchase of any item or
1017 service that may possibly be used outside the training project.
1018 A business approved for a grant may be reimbursed for
1019 preapproved, direct, training-related costs including tuition,
1020 fees, books and training materials, and overhead or indirect
1021 costs not to exceed 5 percent of the grant amount.
1022 d. A business that is selected to receive grant funding
1023 must provide a matching contribution to the training project,
1024 including, but not limited to, wages paid to trainees or the
1025 purchase of capital equipment used in the training project; must
1026 sign an agreement with CareerSource Florida, Inc., or the grant
1027 administrator to complete the training project as proposed in
1028 the application; must keep accurate records of the project’s
1029 implementation process; and must submit monthly or quarterly
1030 reimbursement requests with required documentation.
1031 e. All Incumbent Worker Training Program grant projects
1032 shall be performance-based with specific measurable performance
1033 outcomes, including completion of the training project and job
1034 retention. CareerSource Florida, Inc., or the grant
1035 administrator shall withhold the final payment to the grantee
1036 until a final grant report is submitted and all performance
1037 criteria specified in the grant contract have been achieved.
1038 f. CareerSource Florida, Inc., may establish guidelines
1039 necessary to implement the Incumbent Worker Training Program.
1040 g. No more than 10 percent of the Incumbent Worker Training
1041 Program’s total appropriation may be used for overhead or
1042 indirect purposes.
1043 4. At least 50 percent of Rapid Response funding shall be
1044 dedicated to Intensive Services Accounts and Individual Training
1045 Accounts for dislocated workers and incumbent workers who are at
1046 risk of dislocation. CareerSource Florida, Inc., shall also
1047 maintain an Emergency Preparedness Fund from Rapid Response
1048 funds, which will immediately issue Intensive Service Accounts,
1049 Individual Training Accounts, and other federally authorized
1050 assistance to eligible victims of natural or other disasters. At
1051 the direction of the Governor, these Rapid Response funds shall
1052 be released to local regional workforce development boards for
1053 immediate use after events that qualify under federal law.
1054 Funding shall also be dedicated to maintain a unit at the state
1055 level to respond to Rapid Response emergencies and to work with
1056 state emergency management officials and local regional
1057 workforce development boards. All Rapid Response funds must be
1058 expended based on a plan developed by CareerSource Florida,
1059 Inc., and approved by the Governor.
1060 (b) The administrative entity for Title I, Workforce
1061 Innovation and Opportunity Investment Act of 1998 funds, and
1062 Rapid Response activities is the Department of Economic
1063 Opportunity, which shall provide direction to local regional
1064 workforce development boards regarding Title I programs and
1065 Rapid Response activities pursuant to the direction of
1066 CareerSource Florida, Inc.
1067 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
1068 MODIFICATIONS.—
1069 (a) CareerSource Florida, Inc., may provide indemnification
1070 from audit liabilities to local regional workforce development
1071 boards that act in full compliance with state law and board
1072 policy.
1073 (b) CareerSource Florida, Inc., may negotiate and settle
1074 all outstanding issues with the United States Department of
1075 Labor relating to decisions made by CareerSource Florida, Inc.,
1076 any predecessor workforce organization, and the Legislature with
1077 regard to the Job Training Partnership Act, making settlements
1078 and closing out all JTPA program year grants.
1079 (b)(c) CareerSource Florida, Inc., may make modifications
1080 to the state’s plan, policies, and procedures to comply with
1081 federally mandated requirements that in its judgment must be
1082 complied with to maintain funding provided pursuant to Pub. L.
1083 No. 113-128 105-220. The board shall provide written notice to
1084 the Governor, the President of the Senate, and the Speaker of
1085 the House of Representatives within 30 days after any such
1086 changes or modifications.
1087 (c) CareerSource Florida, Inc., shall enter into a
1088 memorandum of understanding with the Florida Department of
1089 Education to ensure that federally mandated requirements of Pub.
1090 L. No. 113-128 are met and are in compliance with the state plan
1091 for workforce development.
1092 (5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.
1093 CareerSource Florida, Inc., may recommend workforce-related
1094 divisions, bureaus, units, programs, duties, commissions,
1095 boards, and councils for elimination, consolidation, or
1096 privatization.
1097 Section 27. Subsections (3), (4), (5), (9), (11), and (12)
1098 of section 445.004, Florida Statutes, are amended to read:
1099 445.004 CareerSource Florida, Inc.; creation; purpose;
1100 membership; duties and powers.—
1101 (3)(a) CareerSource Florida, Inc., shall be governed by a
1102 board of directors, whose membership and appointment must be
1103 consistent with Pub. L. No. 113-128, Title I, s. 101(b) 105-220,
1104 Title I, s. 111(b). Members described in Pub. L. No. 113-128,
1105 Title I, s. 101(b)(1)(C)(iii)(I)(aa) 105-220, Title I, s.
1106 111(b)(1)(C)(vi) shall be nonvoting members. The number of
1107 directors shall be determined by the Governor, who shall
1108 consider the importance of minority, gender, and geographic
1109 representation in making appointments to the board. When the
1110 Governor is in attendance, he or she shall preside at all
1111 meetings of the board of directors.
1112 (b) The board of directors of CareerSource Florida, Inc.,
1113 shall be chaired by a board member designated by the Governor
1114 pursuant to Pub. L. No. 113-128 105-220. A member may not serve
1115 more than two terms.
1116 (c) Members appointed by the Governor may serve no more
1117 than two terms and must be appointed for 3-year terms. However,
1118 in order to establish staggered terms for board members, the
1119 Governor shall appoint or reappoint one-third of the board
1120 members for 1-year terms, one-third of the board members for 2
1121 year terms, and one-third of the board members for 3-year terms
1122 beginning July 1, 2016 2005. Subsequent appointments or
1123 reappointments shall be for 3-year terms, except that a member
1124 appointed to fill a vacancy on the board shall be appointed to
1125 serve only the remainder of the term of the member whom he or
1126 she is replacing, and may be appointed for a subsequent 3-year
1127 term. Private sector representatives of businesses, appointed by
1128 the Governor pursuant to Pub. L. No. 113-128 105-220, shall
1129 constitute a majority of the membership of the board. Private
1130 sector representatives shall be appointed from nominations
1131 received by the Governor, including, but not limited to, those
1132 nominations made by the President of the Senate and the Speaker
1133 of the House of Representatives. Private sector appointments to
1134 the board must be representative of the business community of
1135 this state; no fewer than one-half of the appointments must be
1136 representative of small businesses, and at least five members
1137 must have economic development experience. Members appointed by
1138 the Governor serve at the pleasure of the Governor and are
1139 eligible for reappointment.
1140 (d) The board must include the vice chairperson of the
1141 board of directors of Enterprise Florida, Inc., and one member
1142 representing each of the Workforce Innovation and Opportunity
1143 Act partners, including the Division of Career and Adult
1144 Education, and other entities representing programs identified
1145 in the Workforce Innovation and Opportunity Act, as determined
1146 necessary.
1147 (e)(d) A member of the board of directors of CareerSource
1148 Florida, Inc., may be removed by the Governor for cause. Absence
1149 from three consecutive meetings results in automatic removal.
1150 The chair of CareerSource Florida, Inc., shall notify the
1151 Governor of such absences.
1152 (f)(e) Representatives of businesses appointed to the board
1153 of directors may not include providers of workforce services.
1154 (4)(a) The president of CareerSource Florida, Inc., shall
1155 be hired by the board of directors of CareerSource Florida,
1156 Inc., and shall serve at the pleasure of the Governor in the
1157 capacity of an executive director and secretary of CareerSource
1158 Florida, Inc.
1159 (b) The board of directors of CareerSource Florida, Inc.,
1160 shall meet at least quarterly and at other times upon the call
1161 of its chair. The board and its committees, subcommittees, or
1162 other subdivisions may use any method of telecommunications to
1163 conduct meetings, including establishing a quorum through
1164 telecommunications, if the public is given proper notice of the
1165 telecommunications meeting and is given reasonable access to
1166 observe and, if appropriate, participate.
1167 (c) A majority of the total current membership of the board
1168 of directors of CareerSource Florida, Inc., constitutes a
1169 quorum.
1170 (d) A majority of those voting is required to organize and
1171 conduct the business of the board, except that a majority of the
1172 entire board of directors is required to adopt or amend the
1173 bylaws.
1174 (e) Except as delegated or authorized by the board of
1175 directors of CareerSource Florida, Inc., individual members have
1176 no authority to control or direct the operations of CareerSource
1177 Florida, Inc., or the actions of its officers and employees,
1178 including the president.
1179 (f) Members of the board of directors of CareerSource
1180 Florida, Inc., and its committees serve without compensation,
1181 but these members, the president, and the employees of
1182 CareerSource Florida, Inc., may be reimbursed for all
1183 reasonable, necessary, and actual expenses pursuant to s.
1184 112.061.
1185 (g) The board of directors of CareerSource Florida, Inc.,
1186 may establish an executive committee consisting of the chair and
1187 at least six additional board members selected by the chair, one
1188 of whom must be a representative of organized labor. The
1189 executive committee and the president have such authority as the
1190 board delegates to them, except that the board of directors may
1191 not delegate to the executive committee authority to take action
1192 that requires approval by a majority of the entire board of
1193 directors.
1194 (h) The chair may appoint committees to fulfill the board’s
1195 responsibilities, to comply with federal requirements, or to
1196 obtain technical assistance, and must incorporate members of
1197 local regional workforce development boards into its structure.
1198 (i) Each member of the board of directors who is not
1199 otherwise required to file a financial disclosure pursuant to s.
1200 8, Art. II of the State Constitution or s. 112.3144 must file
1201 disclosure of financial interests pursuant to s. 112.3145.
1202 (5) CareerSource Florida, Inc., shall have all the powers
1203 and authority not explicitly prohibited by statute which are
1204 necessary or convenient to carry out and effectuate its purposes
1205 as determined by statute, Pub. L. No. 113-128 105-220, and the
1206 Governor, as well as its functions, duties, and
1207 responsibilities, including, but not limited to, the following:
1208 (a) Serving as the state’s Workforce Development Investment
1209 Board pursuant to Pub. L. No. 113-128 105-220. Unless otherwise
1210 required by federal law, at least 90 percent of workforce
1211 development funding must go toward direct customer service.
1212 (b) Providing oversight and policy direction to ensure that
1213 the following programs are administered by the department in
1214 compliance with approved plans and under contract with
1215 CareerSource Florida, Inc.:
1216 1. Programs authorized under Title I of the Workforce
1217 Investment Innovation and Opportunity Act of 1998, Pub. L. No.
1218 113-128 105-220, with the exception of programs funded directly
1219 by the United States Department of Labor under Title I, s. 167.
1220 2. Programs authorized under the Wagner-Peyser Act of 1933,
1221 as amended, 29 U.S.C. ss. 49 et seq.
1222 3. Activities authorized under Title II of the Trade Act of
1223 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
1224 Adjustment Assistance Program.
1225 4. Activities authorized under 38 U.S.C. chapter 41,
1226 including job counseling, training, and placement for veterans.
1227 5. Employment and training activities carried out under
1228 funds awarded to this state by the United States Department of
1229 Housing and Urban Development.
1230 6. Welfare transition services funded by the Temporary
1231 Assistance for Needy Families Program, created under the
1232 Personal Responsibility and Work Opportunity Reconciliation Act
1233 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
1234 of the Social Security Act, as amended.
1235 7. Displaced homemaker programs, provided under s. 446.50.
1236 8. The Florida Bonding Program, provided under Pub. L. No.
1237 97-300, s. 164(a)(1).
1238 9. The Food Assistance Employment and Training Program,
1239 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
1240 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
1241 and the Hunger Prevention Act, Pub. L. No. 100-435.
1242 10. The Quick-Response Training Program, provided under ss.
1243 288.046-288.047. Matching funds and in-kind contributions that
1244 are provided by clients of the Quick-Response Training Program
1245 shall count toward the requirements of s. 288.904, pertaining to
1246 the return on investment from activities of Enterprise Florida,
1247 Inc.
1248 11. The Work Opportunity Tax Credit, provided under the Tax
1249 and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
1250 the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
1251 12. Offender placement services, provided under ss.
1252 944.707-944.708.
1253 (c) The department may adopt rules necessary to administer
1254 the provisions of this chapter which relate to implementing and
1255 administering the programs listed in paragraph (b) as well as
1256 rules related to eligible training providers and auditing and
1257 monitoring subrecipients of the workforce system grant funds.
1258 (d) Contracting with public and private entities as
1259 necessary to further the directives of this section. All
1260 contracts executed by CareerSource Florida, Inc., must include
1261 specific performance expectations and deliverables. All
1262 CareerSource Florida, Inc., contracts, including those
1263 solicited, managed, or paid by the department pursuant to s.
1264 20.60(5)(c) are exempt from s. 112.061, but shall be governed by
1265 subsection (1).
1266 (e) Notifying the Governor, the President of the Senate,
1267 and the Speaker of the House of Representatives of noncompliance
1268 by the department or other agencies or obstruction of the
1269 board’s efforts by such agencies. Upon such notification, the
1270 Executive Office of the Governor shall assist agencies to bring
1271 them into compliance with board objectives.
1272 (f) Ensuring that the state does not waste valuable
1273 training resources. The board shall direct that all resources,
1274 including equipment purchased for training Workforce Innovation
1275 and Opportunity Investment Act clients, be available for use at
1276 all times by eligible populations as first priority users. At
1277 times when eligible populations are not available, such
1278 resources shall be used for any other state-authorized education
1279 and training purpose. CareerSource Florida, Inc., may authorize
1280 expenditures to award suitable framed certificates, pins, or
1281 other tokens of recognition for performance by a local regional
1282 workforce development board, its committees and subdivisions,
1283 and other units of the workforce system. CareerSource Florida,
1284 Inc., may also authorize expenditures for promotional items,
1285 such as t-shirts, hats, or pens printed with messages promoting
1286 the state’s workforce system to employers, job seekers, and
1287 program participants. However, such expenditures are subject to
1288 federal regulations applicable to the expenditure of federal
1289 funds.
1290 (g) Establishing a dispute resolution process for all
1291 memoranda of understanding or other contracts or agreements
1292 entered into between the department and local regional workforce
1293 development boards.
1294 (h) Archiving records with the Bureau of Archives and
1295 Records Management of the Division of Library and Information
1296 Services of the Department of State.
1297 (9) CareerSource Florida, Inc., in collaboration with the
1298 local regional workforce development boards and appropriate
1299 state agencies and local public and private service providers
1300 and in consultation with the Office of Program Policy Analysis
1301 and Government Accountability, shall establish uniform
1302 performance accountability measures that apply across the core
1303 programs and standards to gauge the performance of the state and
1304 local workforce development boards in achieving the workforce
1305 development strategy. These measures and standards must be
1306 organized into three outcome tiers.
1307 (a) The performance accountability measures for the core
1308 programs consist of the primary indicators of performance, any
1309 additional indicators of performance, and a state-adjusted level
1310 of performance for each indicator pursuant to Pub. L. No. 113
1311 128, Title I, s. 116(b) first tier of measures must be organized
1312 to provide benchmarks for systemwide outcomes. CareerSource
1313 Florida, Inc., shall, in collaboration with the Office of
1314 Program Policy Analysis and Government Accountability, establish
1315 goals for the tier-one outcomes. Systemwide outcomes may include
1316 employment in occupations demonstrating continued growth in
1317 wages; continued employment after 3, 6, 12, and 24 months;
1318 reduction in and elimination of public assistance reliance; job
1319 placement; employer satisfaction; and positive return on
1320 investment of public resources.
1321 (b) The performance accountability measures for each local
1322 area consist of the primary indicators of performance, any
1323 additional indicators of performance, and a local level of
1324 performance for each indicator pursuant to Pub. L. No. 113-128.
1325 The local level of performance is determined by the local board,
1326 the chief elected official, and the Governor pursuant to Pub. L.
1327 No. 113-128, Title I, s. 116(c) second tier of measures must be
1328 organized to provide a set of benchmark outcomes for the
1329 strategic components of the workforce development strategy. Cost
1330 per entered employment, earnings at placement, retention in
1331 employment, job placement, and entered employment rate must be
1332 included among the performance outcome measures.
1333 (c) Performance accountability measures shall be used to
1334 generate performance reports pursuant to Pub. L. No. 113-128,
1335 Title I, s. 116(d) The third tier of measures must be the
1336 operational output measures to be used by the agency
1337 implementing programs, which may be specific to federal
1338 requirements. The tier-three measures must be developed by the
1339 agencies implementing programs, which may consult with
1340 CareerSource Florida, Inc., in this effort. Such measures must
1341 be reported to CareerSource Florida, Inc., by the appropriate
1342 implementing agency.
1343 (d) Regional differences must be reflected in the
1344 establishment of performance goals and may include job
1345 availability, unemployment rates, average worker wage, and
1346 available employable population.
1347 (e) Job placement must be reported pursuant to s. 1008.39.
1348 Positive outcomes for providers of education and training must
1349 be consistent with ss. 1008.42 and 1008.43.
1350 (d)(f) The performance accountability uniform measures of
1351 success that are adopted by CareerSource Florida, Inc., or the
1352 local regional workforce development boards must be developed in
1353 a manner that provides for an equitable comparison of the
1354 relative success or failure of any service provider in terms of
1355 positive outcomes.
1356 (g) By December 1 of each year, CareerSource Florida, Inc.,
1357 shall provide the Legislature with a report detailing the
1358 performance of Florida’s workforce development system, as
1359 reflected in the three-tier measurement system. The report also
1360 must benchmark Florida outcomes for all tiers as compared with
1361 other states that collect data similarly.
1362 (11) The workforce development system must use a charter
1363 process approach aimed at encouraging local design and control
1364 of service delivery and targeted activities. CareerSource
1365 Florida, Inc., shall be responsible for granting charters to
1366 local regional workforce development boards that have a
1367 membership consistent with the requirements of federal and state
1368 law and have developed a plan consistent with the state’s
1369 workforce development strategy. The plan must specify methods
1370 for allocating the resources and programs in a manner that
1371 eliminates unwarranted duplication, minimizes administrative
1372 costs, meets the existing job market demands and the job market
1373 demands resulting from successful economic development
1374 activities, ensures access to quality workforce development
1375 services for all Floridians, allows for pro rata or partial
1376 distribution of benefits and services, prohibits the creation of
1377 a waiting list or other indication of an unserved population,
1378 serves as many individuals as possible within available
1379 resources, and maximizes successful outcomes. As part of the
1380 charter process, CareerSource Florida, Inc., shall establish
1381 incentives for effective coordination of federal and state
1382 programs, outline rewards for successful job placements, and
1383 institute collaborative approaches among local service
1384 providers. Local decisionmaking and control shall be important
1385 components for inclusion in this charter application.
1386 (12) CareerSource Florida, Inc., shall enter into agreement
1387 with Space Florida and collaborate with vocational institutes,
1388 community colleges, colleges, and universities in this state, to
1389 develop a workforce development strategy to implement the
1390 workforce provisions of s. 331.3051.
1391 Section 28. Section 445.006, Florida Statutes, is amended
1392 to read:
1393 445.006 State plan Strategic and operational plans for
1394 workforce development.—
1395 (1) STATE PLAN.—CareerSource Florida, Inc., in conjunction
1396 with state and local partners in the workforce system, shall
1397 develop a state plan that produces an educated and skilled
1398 workforce. The state plan must consist of strategic and
1399 operational planning elements. The state plan shall be submitted
1400 by the Governor to the United States Department of Labor
1401 pursuant to the requirements of Pub. L. No. 113-128 strategic
1402 plan that produces skilled employees for employers in the state.
1403 The strategic plan shall be updated or modified by January 1 of
1404 each year.
1405 (2) STRATEGIC PLANNING ELEMENTS.—CareerSource Florida,
1406 Inc., in conjunction with state and local partners in the
1407 workforce system, shall develop strategic planning elements,
1408 pursuant to Pub. L. No. 113-128, Title I, s. 102, for the state
1409 plan.
1410 (a) The strategic planning elements of the state plan must
1411 include, but need not be limited to, strategies for:
1412 1.(a) Fulfilling the workforce system goals and strategies
1413 prescribed in s. 445.004;
1414 2.(b) Aggregating, integrating, and leveraging workforce
1415 system resources;
1416 3.(c) Coordinating the activities of federal, state, and
1417 local workforce system partners;
1418 4.(d) Addressing the workforce needs of small businesses;
1419 and
1420 5.(e) Fostering the participation of rural communities and
1421 distressed urban cores in the workforce system.
1422 (2) CareerSource Florida, Inc., shall establish an
1423 operational plan to implement the state strategic plan. The
1424 operational plan shall be submitted to the Governor and the
1425 Legislature along with the strategic plan and must reflect the
1426 allocation of resources as appropriated by the Legislature to
1427 specific responsibilities enumerated in law. As a component of
1428 the operational plan required under this section, CareerSource
1429 Florida, Inc., shall develop a workforce marketing plan, with
1430 the goal of educating individuals inside and outside the state
1431 about the employment market and employment conditions in the
1432 state. The marketing plan must include, but need not be limited
1433 to, strategies for:
1434 (a) Distributing information to secondary and postsecondary
1435 education institutions about the diversity of businesses in the
1436 state, specific clusters of businesses or business sectors in
1437 the state, and occupations by industry which are in demand by
1438 employers in the state;
1439 (b) Distributing information about and promoting use of the
1440 Internet-based job matching and labor market information system
1441 authorized under s. 445.011; and
1442 (c) Coordinating with Enterprise Florida, Inc., to ensure
1443 that workforce marketing efforts complement the economic
1444 development marketing efforts of the state.
1445 (3) The operational plan must include performance measures,
1446 standards, measurement criteria, and contract guidelines in the
1447 following areas with respect to participants in the welfare
1448 transition program:
1449 (a) Work participation rates, by type of activity;
1450 (b) Caseload trends;
1451 (c) Recidivism;
1452 (d) Participation in diversion and relocation assistance
1453 programs;
1454 (e) Employment retention;
1455 (f) Wage growth; and
1456 (g) Other issues identified by the board of directors of
1457 CareerSource Florida, Inc.
1458 (b)(4) The strategic planning elements plan must include
1459 criteria for allocating workforce resources to local regional
1460 workforce development boards. With respect to allocating funds
1461 to serve customers of the welfare transition program, such
1462 criteria may include weighting factors that indicate the
1463 relative degree of difficulty associated with securing and
1464 retaining employment placements for specific subsets of the
1465 welfare transition caseload.
1466 (3) OPERATIONAL PLANNING ELEMENTS.—CareerSource Florida,
1467 Inc., in conjunction with state and local partners in the
1468 workforce system, shall develop operational planning elements,
1469 pursuant to Pub. L. No. 113-128, Title I, s. 102, for the state
1470 plan.
1471 (5)(a) The operational plan may include a performance-based
1472 payment structure to be used for all welfare transition program
1473 customers which takes into account:
1474 1. The degree of difficulty associated with placement and
1475 retention;
1476 2. The quality of the placement with respect to salary,
1477 benefits, and opportunities for advancement; and
1478 3. The employee’s retention in the placement.
1479 (b) The payment structure may provide for bonus payments of
1480 up to 10 percent of the contract amount to providers that
1481 achieve notable success in achieving contract objectives,
1482 including, but not limited to, success in diverting families in
1483 which there is an adult who is subject to work requirements from
1484 receiving cash assistance and in achieving long-term job
1485 retention and wage growth with respect to welfare transition
1486 program customers. A service provider shall be paid a maximum of
1487 one payment per service for each participant during any given 6
1488 month period.
1489 (6)(a) The operational plan must include strategies that
1490 are designed to prevent or reduce the need for a person to
1491 receive public assistance, including:
1492 1. A teen pregnancy prevention component that includes, but
1493 is not limited to, a plan for implementing the Teen Pregnancy
1494 Prevention Community Initiative within each county of the
1495 services area in which the teen birth rate is higher than the
1496 state average;
1497 2. A component that encourages community-based welfare
1498 prevention and reduction initiatives that increase support
1499 provided by noncustodial parents to their welfare-dependent
1500 children and are consistent with program and financial
1501 guidelines developed by CareerSource Florida, Inc., and the
1502 Commission on Responsible Fatherhood. These initiatives may
1503 include improved paternity establishment, work activities for
1504 noncustodial parents, programs aimed at decreasing out-of
1505 wedlock pregnancies, encouraging involvement of fathers with
1506 their children which includes court-ordered supervised
1507 visitation, and increasing child support payments;
1508 3. A component that encourages formation and maintenance of
1509 two-parent families through, among other things, court-ordered
1510 supervised visitation;
1511 4. A component that fosters responsible fatherhood in
1512 families receiving assistance; and
1513 5. A component that fosters the provision of services that
1514 reduce the incidence and effects of domestic violence on women
1515 and children in families receiving assistance.
1516 (b) Specifications for welfare transition program services
1517 that are to be delivered include, but are not limited to:
1518 1. Initial assessment services prior to an individual being
1519 placed in an employment service, to determine whether the
1520 individual should be referred for relocation, up-front
1521 diversion, education, or employment placement. Assessment
1522 services shall be paid on a fixed unit rate and may not provide
1523 educational or employment placement services.
1524 2. Referral of participants to diversion and relocation
1525 programs.
1526 3. Preplacement services, including assessment, staffing,
1527 career plan development, work orientation, and employability
1528 skills enhancement.
1529 4. Services necessary to secure employment for a welfare
1530 transition program participant.
1531 5. Services necessary to assist participants in retaining
1532 employment, including, but not limited to, remedial education,
1533 language skills, and personal and family counseling.
1534 6. Desired quality of job placements with regard to salary,
1535 benefits, and opportunities for advancement.
1536 7. Expectations regarding job retention.
1537 8. Strategies to ensure that transition services are
1538 provided to participants for the mandated period of eligibility.
1539 9. Services that must be provided to the participant
1540 throughout an education or training program, such as monitoring
1541 attendance and progress in the program.
1542 10. Services that must be delivered to welfare transition
1543 program participants who have a deferral from work requirements
1544 but wish to participate in activities that meet federal
1545 participation requirements.
1546 11. Expectations regarding continued participant awareness
1547 of available services and benefits.
1548 Section 29. Section 445.007, Florida Statutes, is amended
1549 to read:
1550 445.007 Local Regional workforce development boards.—
1551 (1) One regional workforce development board shall be
1552 appointed in each designated service delivery area and shall
1553 serve as the local workforce development investment board
1554 pursuant to Pub. L. No. 113-128 105-220. The membership of the
1555 board must shall be consistent with Pub. L. No. 113-128 105-220,
1556 Title I, s. 107(b) s. 117(b) but may not exceed the minimum
1557 membership required in Pub. L. No. 105-220, Title I, s.
1558 117(b)(2)(A) and in this subsection. Upon approval by the
1559 Governor, the chief elected official may appoint additional
1560 members above the limit set by this subsection. If a public
1561 education or training provider is represented on the board, a
1562 representative of a private education nonprofit provider and a
1563 representative of a private for-profit provider must also be
1564 appointed to the board. CareerSource Florida, Inc., may waive
1565 this requirement if requested by a local workforce development
1566 board if it is demonstrated that such representatives do not
1567 exist in the region. The board shall include one nonvoting
1568 representative from a military installation if a military
1569 installation is located within the region and the appropriate
1570 military command or organization authorizes such representation.
1571 It is the intent of the Legislature that membership of a
1572 regional workforce board include persons who are current or
1573 former recipients of welfare transition assistance as defined in
1574 s. 445.002(2) or workforce services as provided in s. 445.009(1)
1575 or that such persons be included as ex officio members of the
1576 board or of committees organized by the board. The importance of
1577 minority and gender representation shall be considered when
1578 making appointments to the board. The board, its committees,
1579 subcommittees, and subdivisions, and other units of the
1580 workforce system, including units that may consist in whole or
1581 in part of local governmental units, may use any method of
1582 telecommunications to conduct meetings, including establishing a
1583 quorum through telecommunications, provided that the public is
1584 given proper notice of the telecommunications meeting and
1585 reasonable access to observe and, when appropriate, participate.
1586 Local Regional workforce development boards are subject to
1587 chapters 119 and 286 and s. 24, Art. I of the State
1588 Constitution. If the local regional workforce development board
1589 enters into a contract with an organization or individual
1590 represented on the board of directors, the contract must be
1591 approved by a two-thirds vote of the board, a quorum having been
1592 established, and the board member who could benefit financially
1593 from the transaction must abstain from voting on the contract. A
1594 board member must disclose any such conflict in a manner that is
1595 consistent with the procedures outlined in s. 112.3143. Each
1596 member of a local regional workforce development board who is
1597 not otherwise required to file a full and public disclosure of
1598 financial interests pursuant to s. 8, Art. II of the State
1599 Constitution or s. 112.3144 shall file a statement of financial
1600 interests pursuant to s. 112.3145. The executive director or
1601 designated person responsible for the operational and
1602 administrative functions of the local regional workforce
1603 development board who is not otherwise required to file a full
1604 and public disclosure of financial interests pursuant to s. 8,
1605 Art. II of the State Constitution or s. 112.3144 shall file a
1606 statement of financial interests pursuant to s. 112.3145.
1607 (2)(a) The local regional workforce development board shall
1608 elect a chair from among the representatives described in Pub.
1609 L. No. 113-128 105-220, Title I, s. 107(b)(2)(A) s.
1610 117(b)(2)(A)(i) to serve for a term of no more than 2 years and
1611 shall serve no more than two terms.
1612 (b) The Governor may remove a member of the board, the
1613 executive director of the board, or the designated person
1614 responsible for the operational and administrative functions of
1615 the board for cause. As used in this paragraph, the term “cause”
1616 includes, but is not limited to, engaging in fraud or other
1617 criminal acts, incapacity, unfitness, neglect of duty, official
1618 incompetence and irresponsibility, misfeasance, malfeasance,
1619 nonfeasance, or lack of performance.
1620 (3) The Department of Economic Opportunity, under the
1621 direction of CareerSource Florida, Inc., shall assign staff to
1622 meet with each local regional workforce development board
1623 annually to review the board’s performance and to certify that
1624 the board is in compliance with applicable state and federal
1625 law.
1626 (4) In addition to the duties and functions specified by
1627 CareerSource Florida, Inc., and by the interlocal agreement
1628 approved by the local county or city governing bodies, the local
1629 regional workforce development board shall have the following
1630 responsibilities:
1631 (a) Develop, submit, ratify, or amend the local plan
1632 pursuant to Pub. L. No. 113-128, Title I, s. 108 105-220, Title
1633 I, s. 118, and the provisions of this act.
1634 (b) Conclude agreements necessary to designate the fiscal
1635 agent and administrative entity. A public or private entity,
1636 including an entity established pursuant to s. 163.01, which
1637 makes a majority of the appointments to a local regional
1638 workforce development board may serve as the board’s
1639 administrative entity if approved by CareerSource Florida, Inc.,
1640 based upon a showing that a fair and competitive process was
1641 used to select the administrative entity.
1642 (c) Complete assurances required for the charter process of
1643 CareerSource Florida, Inc., and provide ongoing oversight
1644 related to administrative costs, duplicated services, career
1645 counseling, economic development, equal access, compliance and
1646 accountability, and performance outcomes.
1647 (d) Oversee the one-stop delivery system in its local area.
1648 (5) CareerSource Florida, Inc., shall implement a training
1649 program for the local regional workforce development boards to
1650 familiarize board members with the state’s workforce development
1651 goals and strategies.
1652 (6) The local regional workforce development board shall
1653 designate all local service providers and may not transfer this
1654 authority to a third party. Consistent with the intent of the
1655 Workforce Innovation and Opportunity Investment Act, local
1656 regional workforce development boards should provide the
1657 greatest possible choice of training providers to those who
1658 qualify for training services. A local regional workforce
1659 development board may not restrict the choice of training
1660 providers based upon cost, location, or historical training
1661 arrangements. However, a board may restrict the amount of
1662 training resources available to any one client. Such
1663 restrictions may vary based upon the cost of training in the
1664 client’s chosen occupational area. The local regional workforce
1665 development board may be designated as a one-stop operator and
1666 direct provider of intake, assessment, eligibility
1667 determinations, or other direct provider services except
1668 training services. Such designation may occur only with the
1669 agreement of the chief elected official and the Governor as
1670 specified in 29 U.S.C. s. 2832(f)(2). CareerSource Florida,
1671 Inc., shall establish procedures by which a local regional
1672 workforce development board may request permission to operate
1673 under this section and the criteria under which such permission
1674 may be granted. The criteria shall include, but need not be
1675 limited to, a reduction in the cost of providing the permitted
1676 services. Such permission shall be granted for a period not to
1677 exceed 3 years for any single request submitted by the local
1678 regional workforce development board.
1679 (7) Local Regional workforce development boards shall adopt
1680 a committee structure consistent with applicable federal law and
1681 state policies established by CareerSource Florida, Inc.
1682 (8) The importance of minority and gender representation
1683 shall be considered when appointments are made to any committee
1684 established by the local regional workforce development board.
1685 (9) For purposes of procurement, local regional workforce
1686 development boards and their administrative entities are not
1687 state agencies and are exempt from chapters 120 and 287. The
1688 local regional workforce development boards shall apply the
1689 procurement and expenditure procedures required by federal law
1690 and policies of the Department of Economic Opportunity and
1691 CareerSource Florida, Inc., for the expenditure of federal,
1692 state, and nonpass-through funds. The making or approval of
1693 smaller, multiple payments for a single purchase with the intent
1694 to avoid or evade the monetary thresholds and procedures
1695 established by federal law and policies of the Department of
1696 Economic Opportunity and CareerSource Florida, Inc., is grounds
1697 for removal for cause. Local Regional workforce development
1698 boards, their administrative entities, committees, and
1699 subcommittees, and other workforce units may authorize
1700 expenditures to award suitable framed certificates, pins, or
1701 other tokens of recognition for performance by units of the
1702 workforce system. Local Regional workforce development boards;
1703 their administrative entities, committees, and subcommittees;
1704 and other workforce units may authorize expenditures for
1705 promotional items, such as t-shirts, hats, or pens printed with
1706 messages promoting Florida’s workforce system to employers, job
1707 seekers, and program participants. However, such expenditures
1708 are subject to federal regulations applicable to the expenditure
1709 of federal funds. All contracts executed by local regional
1710 workforce development boards must include specific performance
1711 expectations and deliverables.
1712 (10) State and federal funds provided to the local regional
1713 workforce development boards may not be used directly or
1714 indirectly to pay for meals, food, or beverages for board
1715 members, staff, or employees of local regional workforce
1716 development boards, CareerSource Florida, Inc., or the
1717 Department of Economic Opportunity except as expressly
1718 authorized by state law. Preapproved, reasonable, and necessary
1719 per diem allowances and travel expenses may be reimbursed. Such
1720 reimbursement shall be at the standard travel reimbursement
1721 rates established in s. 112.061 and shall be in compliance with
1722 all applicable federal and state requirements. CareerSource
1723 Florida, Inc., shall develop a statewide fiscal policy
1724 applicable to the state board and all local regional workforce
1725 development boards, to hold both the state and local regional
1726 workforce development boards strictly accountable for adherence
1727 to the policy and subject to regular and periodic monitoring by
1728 the Department of Economic Opportunity, the administrative
1729 entity for CareerSource Florida, Inc. Boards are prohibited from
1730 expending state or federal funds for entertainment costs and
1731 recreational activities for board members and employees as these
1732 terms are defined by 2 C.F.R. part 230.
1733 (11) To increase transparency and accountability, a local
1734 regional workforce development board must comply with the
1735 requirements of this section before contracting with a member of
1736 the board or a relative, as defined in s. 112.3143(1)(c), of a
1737 board member or of an employee of the board. Such contracts may
1738 not be executed before or without the approval of CareerSource
1739 Florida, Inc. Such contracts, as well as documentation
1740 demonstrating adherence to this section as specified by
1741 CareerSource Florida, Inc., must be submitted to the Department
1742 of Economic Opportunity for review and recommendation according
1743 to criteria to be determined by CareerSource Florida, Inc. Such
1744 a contract must be approved by a two-thirds vote of the board, a
1745 quorum having been established; all conflicts of interest must
1746 be disclosed before the vote; and any member who may benefit
1747 from the contract, or whose relative may benefit from the
1748 contract, must abstain from the vote. A contract under $25,000
1749 between a local regional workforce development board and a
1750 member of that board or between a relative, as defined in s.
1751 112.3143(1)(c), of a board member or of an employee of the board
1752 is not required to have the prior approval of CareerSource
1753 Florida, Inc., but must be approved by a two-thirds vote of the
1754 board, a quorum having been established, and must be reported to
1755 the Department of Economic Opportunity and CareerSource Florida,
1756 Inc., within 30 days after approval. If a contract cannot be
1757 approved by CareerSource Florida, Inc., a review of the decision
1758 to disapprove the contract may be requested by the local
1759 regional workforce development board or other parties to the
1760 disapproved contract.
1761 (12) Each local regional workforce development board shall
1762 develop a budget for the purpose of carrying out the duties of
1763 the board under this section, subject to the approval of the
1764 chief elected official. Each local regional workforce
1765 development board shall submit its annual budget for review to
1766 CareerSource Florida, Inc., no later than 2 weeks after the
1767 chair approves the budget.
1768 (13) By March 1, 2018, CareerSource Florida, Inc., shall
1769 establish regional planning areas in accordance with Pub. L. No.
1770 113-128, Title I, s. 106(a)(2). Local workforce development
1771 boards and chief elected officials within identified regional
1772 planning areas shall prepare a regional workforce development
1773 plan as required under Pub. L. No. 113-128, Title I, s.
1774 106(c)(2).
1775 Section 30. Subsections (4) and (5) of section 445.0071,
1776 Florida Statutes, are amended to read:
1777 445.0071 Florida Youth Summer Jobs Pilot Program.—
1778 (4) GOVERNANCE.—
1779 (a) The pilot program shall be administered by the local
1780 regional workforce development board in consultation with
1781 CareerSource Florida, Inc.
1782 (b) The local regional workforce development board shall
1783 report to CareerSource Florida, Inc., the number of at-risk and
1784 disadvantaged children who enter the program, the types of work
1785 activities they participate in, and the number of children who
1786 return to school, go on to postsecondary school, or enter the
1787 workforce full time at the end of the program. CareerSource
1788 Florida, Inc., shall report to the Legislature by November 1 of
1789 each year on the performance of the program.
1790 (5) FUNDING.—
1791 (a) The local regional workforce development board shall,
1792 consistent with state and federal laws, use funds appropriated
1793 specifically for the pilot program to provide youth wage
1794 payments and educational enrichment activities. The local
1795 regional workforce development board and local communities may
1796 obtain private or state and federal grants or other sources of
1797 funds in addition to any appropriated funds.
1798 (b) Program funds shall be used as follows:
1799 1. No less than 85 percent of the funds shall be used for
1800 youth wage payments or educational enrichment activities. These
1801 funds shall be matched on a one-to-one basis by each local
1802 community that participates in the program.
1803 2. No more than 2 percent of the funds may be used for
1804 administrative purposes.
1805 3. The remainder of the funds may be used for
1806 transportation assistance, child care assistance, or other
1807 assistance to enable a program participant to enter or remain in
1808 the program.
1809 (c) The local regional workforce development board shall
1810 pay a participating employer an amount equal to one-half of the
1811 wages paid to a youth participating in the program. Payments
1812 shall be made monthly for the duration that the youth
1813 participant is employed as documented by the employer and
1814 confirmed by the local regional workforce development board.
1815 Section 31. Subsections (2) through (7), paragraphs (b),
1816 (c), and (d) of subsection (8), paragraph (b) of subsection (9),
1817 and subsection (10) of section 445.009, Florida Statutes, are
1818 amended to read:
1819 445.009 One-stop delivery system.—
1820 (2)(a) Subject to a process designed by CareerSource
1821 Florida, Inc., and in compliance with Pub. L. No. 113-128 105
1822 220, local regional workforce development boards shall designate
1823 one-stop delivery system operators.
1824 (b) A local regional workforce development board may
1825 designate as its one-stop delivery system operator any public or
1826 private entity that is eligible to provide services under any
1827 state or federal workforce program that is a mandatory or
1828 discretionary partner in the local workforce development area’s
1829 region’s one-stop delivery system if approved by CareerSource
1830 Florida, Inc., upon a showing by the local regional workforce
1831 development board that a fair and competitive process was used
1832 in the selection. As a condition of authorizing a local regional
1833 workforce development board to designate such an entity as its
1834 one-stop delivery system operator, CareerSource Florida, Inc.,
1835 must require the local regional workforce development board to
1836 demonstrate that safeguards are in place to ensure that the one
1837 stop delivery system operator will not exercise an unfair
1838 competitive advantage or unfairly refer or direct customers of
1839 the one-stop delivery system to services provided by that one
1840 stop delivery system operator. A local regional workforce
1841 development board may retain its current one-stop career center
1842 operator without further procurement action if the board has an
1843 established one-stop career center that has complied with
1844 federal and state law.
1845 (c) The local workforce development board must enter into a
1846 memorandum of understanding with each mandatory or optional
1847 partner participating in the one-stop delivery system which
1848 details the partner’s required contribution to infrastructure
1849 costs, as required by Pub. L. No. 113-128, s. 121(h). If the
1850 local workforce development board and the one-stop partner are
1851 unable to come to an agreement regarding infrastructure costs by
1852 July 1, 2017, the costs shall be allocated pursuant to a policy
1853 established by the Governor.
1854 (3) Local Regional workforce development boards shall enter
1855 into a memorandum of understanding with the Department of
1856 Economic Opportunity for the delivery of employment services
1857 authorized by the federal Wagner-Peyser Act. This memorandum of
1858 understanding must be performance based.
1859 (a) Unless otherwise required by federal law, at least 90
1860 percent of the Wagner-Peyser funding must go into direct
1861 customer service costs.
1862 (b) Employment services must be provided through the one
1863 stop delivery system, under the guidance of one-stop delivery
1864 system operators. One-stop delivery system operators shall have
1865 overall authority for directing the staff of the workforce
1866 system. Personnel matters shall remain under the ultimate
1867 authority of the department. However, the one-stop delivery
1868 system operator shall submit to the department information
1869 concerning the job performance of employees of the department
1870 who deliver employment services. The department shall consider
1871 any such information submitted by the one-stop delivery system
1872 operator in conducting performance appraisals of the employees.
1873 (c) The department shall retain fiscal responsibility and
1874 accountability for the administration of funds allocated to the
1875 state under the Wagner-Peyser Act. An employee of the department
1876 who is providing services authorized under the Wagner-Peyser Act
1877 shall be paid using Wagner-Peyser Act funds.
1878 (4) One-stop delivery system partners shall enter into a
1879 memorandum of understanding pursuant to Pub. L. No. 113-128 105
1880 220, Title I, s. 121, with the local regional workforce
1881 development board. Failure of a local partner to participate
1882 cannot unilaterally block the majority of partners from moving
1883 forward with their one-stop delivery system, and CareerSource
1884 Florida, Inc., pursuant to s. 445.004(5)(e), may make
1885 notification of a local partner that fails to participate.
1886 (5) To the extent possible, local regional workforce
1887 development boards shall include as partners in the local one
1888 stop delivery system entities that provide programs or
1889 activities designed to meet the needs of homeless persons.
1890 (6)(a) To the extent possible, core services, as defined by
1891 Pub. L. No. 113-128 105-220, shall be provided electronically,
1892 using existing systems. These electronic systems shall be linked
1893 and integrated into a comprehensive service system to simplify
1894 access to core services by:
1895 1. Maintaining staff to serve as the first point of contact
1896 with the public seeking access to employment services who are
1897 knowledgeable about each program located in each one-stop
1898 delivery system center as well as related services. An initial
1899 determination of the programs for which a customer is likely to
1900 be eligible and any referral for a more thorough eligibility
1901 determination must be made at this first point of contact; and
1902 2. Establishing an automated, integrated intake screening
1903 and eligibility process where customers will provide information
1904 through a self-service intake process that may be accessed by
1905 staff from any participating program.
1906 (b) To expand electronic capabilities, CareerSource
1907 Florida, Inc., working with local regional workforce development
1908 boards, shall develop a centralized help center to assist local
1909 regional workforce development boards in fulfilling core
1910 services, minimizing the need for fixed-site one-stop delivery
1911 system centers.
1912 (c) To the extent feasible, core services shall be
1913 accessible through the Internet. Through this technology, core
1914 services shall be made available at public libraries, public and
1915 private educational institutions, community centers, kiosks,
1916 neighborhood facilities, and satellite one-stop delivery system
1917 sites. Each local regional workforce development board’s web
1918 page shall serve as a portal for contacting potential employees
1919 by integrating the placement efforts of universities and private
1920 companies, including staffing services firms, into the existing
1921 one-stop delivery system.
1922 (7) Intensive services and training provided pursuant to
1923 Pub. L. No. 113-128 105-220, shall be provided to individuals
1924 through Intensive Service Accounts and Individual Training
1925 Accounts. CareerSource Florida, Inc., shall develop an
1926 implementation plan, including identification of initially
1927 eligible training providers, transition guidelines, and criteria
1928 for use of these accounts. Individual Training Accounts must be
1929 compatible with Individual Development Accounts for education
1930 allowed in federal and state welfare reform statutes.
1931 (8)
1932 (b) For each approved training program, local regional
1933 workforce development boards, in consultation with training
1934 providers, shall establish a fair-market purchase price to be
1935 paid through an Individual Training Account. The purchase price
1936 must be based on prevailing costs and reflect local economic
1937 factors, program complexity, and program benefits, including
1938 time to beginning of training and time to completion. The price
1939 shall ensure the fair participation of public and nonpublic
1940 postsecondary educational institutions as authorized service
1941 providers and shall prohibit the use of unlawful remuneration to
1942 the student in return for attending an institution. Unlawful
1943 remuneration does not include student financial assistance
1944 programs.
1945 (c) CareerSource Florida, Inc., shall periodically review
1946 Individual Training Account pricing schedules developed by local
1947 regional workforce development boards and present findings and
1948 recommendations for process improvement to the President of the
1949 Senate and the Speaker of the House of Representatives.
1950 (d) To the maximum extent possible, training providers
1951 shall use funding sources other than the funding provided under
1952 Pub. L. No. 113-128 105-220. CareerSource Florida, Inc., shall
1953 develop a system to encourage the leveraging of appropriated
1954 resources for the workforce system and shall report on such
1955 efforts as part of the required annual report.
1956 (9)
1957 (b) The network shall assure that a uniform method is used
1958 to determine eligibility for and management of services provided
1959 by agencies that conduct workforce development activities. The
1960 Department of Management Services shall develop strategies to
1961 allow access to the databases and information management systems
1962 of the following systems in order to link information in those
1963 databases with the one-stop delivery system:
1964 1. The Reemployment Assistance Program under chapter 443.
1965 2. The public employment service described in s. 443.181.
1966 3. The public assistance information system used by the
1967 Department of Children and Families FLORIDA System and the
1968 components related to temporary cash assistance, food
1969 assistance, and Medicaid eligibility.
1970 4. The Student Financial Assistance System of the
1971 Department of Education.
1972 5. Enrollment in the public postsecondary education system.
1973 6. Other information systems determined appropriate by
1974 CareerSource Florida, Inc.
1975 (10) To the maximum extent feasible, the one-stop delivery
1976 system may use private sector staffing services firms in the
1977 provision of workforce services to individuals and employers in
1978 the state. Local Regional workforce development boards may
1979 collaborate with staffing services firms in order to facilitate
1980 the provision of workforce services. Local Regional workforce
1981 development boards may contract with private sector staffing
1982 services firms to design programs that meet the employment needs
1983 of the local workforce development area region. All such
1984 contracts must be performance-based and require a specific
1985 period of job tenure before prior to payment.
1986 Section 32. Subsection (1) of section 445.07, Florida
1987 Statutes, is amended to read:
1988 445.07 Economic security report of employment and earning
1989 outcomes.—
1990 (1) Beginning December 31, 2013, and annually thereafter,
1991 the Department of Economic Opportunity, in consultation with the
1992 Department of Education, shall prepare, or contract with an
1993 entity to prepare, an economic security report of employment and
1994 earning outcomes for degrees or certificates earned at public
1995 postsecondary educational institutions.
1996 Section 33. Subsections (1) and (3) of section 445.014,
1997 Florida Statutes, are amended to read:
1998 445.014 Small business workforce service initiative.—
1999 (1) Subject to legislative appropriation, CareerSource
2000 Florida, Inc., shall establish a program to encourage local
2001 regional workforce development boards to establish one-stop
2002 delivery systems that maximize the provision of workforce and
2003 human-resource support services to small businesses. Under the
2004 program, a local regional workforce development board may apply,
2005 on a competitive basis, for funds to support the provision of
2006 such services to small businesses through the local workforce
2007 development area’s region’s one-stop delivery system.
2008 (3) CareerSource Florida, Inc., shall establish guidelines
2009 governing the administration of this program and shall establish
2010 criteria to be used in evaluating applications for funding. Such
2011 criteria must include, but need not be limited to, a showing
2012 that the local workforce development regional board has in place
2013 a detailed plan for establishing a one-stop delivery system
2014 designed to meet the workforce needs of small businesses and for
2015 leveraging other funding sources in support of such activities.
2016 Section 34. Subsection (3) of section 445.016, Florida
2017 Statutes, is amended to read:
2018 445.016 Untried Worker Placement and Employment Incentive
2019 Act.—
2020 (3) Incentive payments may be made to for-profit or not
2021 for-profit agents selected by local regional workforce
2022 development boards who successfully place untried workers in
2023 full-time employment for 6 months with an employer after the
2024 employee successfully completes a probationary placement of no
2025 more than 6 months with that employer. Full-time employment that
2026 includes health care benefits will receive an additional
2027 incentive payment.
2028 Section 35. Subsections (3), (4), and (5) of section
2029 445.017, Florida Statutes, are amended to read:
2030 445.017 Diversion.—
2031 (3) Before finding an applicant family eligible for up
2032 front diversion services, the local regional workforce
2033 development board must determine that all requirements of
2034 eligibility for diversion services would likely be met.
2035 (4) The local regional workforce development board shall
2036 screen each family on a case-by-case basis for barriers to
2037 obtaining or retaining employment. The screening shall identify
2038 barriers that, if corrected, may prevent the family from
2039 receiving temporary cash assistance on a regular basis.
2040 Assistance to overcome a barrier to employment is not limited to
2041 cash, but may include vouchers or other in-kind benefits.
2042 (5) The family receiving up-front diversion must sign an
2043 agreement restricting the family from applying for temporary
2044 cash assistance for 3 months, unless an emergency is
2045 demonstrated to the local regional workforce development board.
2046 If a demonstrated emergency forces the family to reapply for
2047 temporary cash assistance within 3 months after receiving a
2048 diversion payment, the diversion payment shall be prorated over
2049 an 8-month period and deducted from any temporary assistance for
2050 which the family is eligible.
2051 Section 36. Subsections (2) and (3) of section 445.021,
2052 Florida Statutes, are amended to read:
2053 445.021 Relocation assistance program.—
2054 (2) The relocation assistance program shall involve five
2055 steps by the local regional workforce development board, in
2056 cooperation with the Department of Children and Families:
2057 (a) A determination that the family is receiving temporary
2058 cash assistance or that all requirements of eligibility for
2059 diversion services would likely be met.
2060 (b) A determination that there is a basis for believing
2061 that relocation will contribute to the ability of the applicant
2062 to achieve self-sufficiency. For example, the applicant:
2063 1. Is unlikely to achieve economic self-sufficiency at the
2064 current community of residence;
2065 2. Has secured a job that provides an increased salary or
2066 improved benefits and that requires relocation to another
2067 community;
2068 3. Has a family support network that will contribute to job
2069 retention in another community;
2070 4. Is determined, pursuant to criteria or procedures
2071 established by the board of directors of CareerSource Florida,
2072 Inc., to be a victim of domestic violence who would experience
2073 reduced probability of further incidents through relocation; or
2074 5. Must relocate in order to receive education or training
2075 that is directly related to the applicant’s employment or career
2076 advancement.
2077 (c) Establishment of a relocation plan that includes such
2078 requirements as are necessary to prevent abuse of the benefit
2079 and provisions to protect the safety of victims of domestic
2080 violence and avoid provisions that place them in anticipated
2081 danger. The payment to defray relocation expenses shall be
2082 determined based on criteria approved by the board of directors
2083 of CareerSource Florida, Inc. Participants in the relocation
2084 program shall be eligible for diversion or transitional
2085 benefits.
2086 (d) A determination, pursuant to criteria adopted by the
2087 board of directors of CareerSource Florida, Inc., that a
2088 community receiving a relocated family has the capacity to
2089 provide needed services and employment opportunities.
2090 (e) Monitoring the relocation.
2091 (3) A family receiving relocation assistance for reasons
2092 other than domestic violence must sign an agreement restricting
2093 the family from applying for temporary cash assistance for a
2094 period of 6 months, unless an emergency is demonstrated to the
2095 local regional workforce development board. If a demonstrated
2096 emergency forces the family to reapply for temporary cash
2097 assistance within such period, after receiving a relocation
2098 assistance payment, repayment must be made on a prorated basis
2099 and subtracted from any regular payment of temporary cash
2100 assistance for which the applicant may be eligible.
2101 Section 37. Section 445.022, Florida Statutes, is amended
2102 to read:
2103 445.022 Retention Incentive Training Accounts.—To promote
2104 job retention and to enable upward job advancement into higher
2105 skilled, higher paying employment, the board of directors of
2106 CareerSource Florida, Inc., and the local regional workforce
2107 development boards may assemble a list of programs and courses
2108 offered by postsecondary educational institutions which may be
2109 available to participants who have become employed to promote
2110 job retention and advancement.
2111 (1) The board of directors of CareerSource Florida, Inc.,
2112 may establish Retention Incentive Training Accounts (RITAs) to
2113 use Temporary Assistance to Needy Families (TANF) block grant
2114 funds specifically appropriated for this purpose. RITAs must
2115 complement the Individual Training Account required by the
2116 federal Workforce Innovation and Opportunity Investment Act of
2117 1998, Pub. L. No. 113-128 105-220.
2118 (2) RITAs may pay for tuition, fees, educational materials,
2119 coaching and mentoring, performance incentives, transportation
2120 to and from courses, child care costs during education courses,
2121 and other such costs as the local regional workforce development
2122 boards determine are necessary to effect successful job
2123 retention and advancement.
2124 (3) Local Regional workforce development boards shall
2125 retain only those courses that continue to meet their
2126 performance standards as established in their local plan.
2127 (4) Local Regional workforce development boards shall
2128 report annually to the Legislature on the measurable retention
2129 and advancement success of each program provider and the
2130 effectiveness of RITAs, making recommendations for any needed
2131 changes or modifications.
2132 Section 38. Subsections (4) and (5) of section 445.024,
2133 Florida Statutes, are amended to read:
2134 445.024 Work requirements.—
2135 (4) PRIORITIZATION OF WORK REQUIREMENTS.—Local Regional
2136 workforce development boards shall require participation in work
2137 activities to the maximum extent possible, subject to federal
2138 and state funding. If funds are projected to be insufficient to
2139 allow full-time work activities by all program participants who
2140 are required to participate in work activities, local regional
2141 workforce development boards shall screen participants and
2142 assign priority based on the following:
2143 (a) In accordance with federal requirements, at least one
2144 adult in each two-parent family shall be assigned priority for
2145 full-time work activities.
2146 (b) Among single-parent families, a family that has older
2147 preschool children or school-age children shall be assigned
2148 priority for work activities.
2149 (c) A participant who has access to child care services may
2150 be assigned priority for work activities.
2151 (d) Priority may be assigned based on the amount of time
2152 remaining until the participant reaches the applicable time
2153 limit for program participation or may be based on requirements
2154 of a case plan.
2155
2156 Local Regional workforce development boards may limit a
2157 participant’s weekly work requirement to the minimum required to
2158 meet federal work activity requirements. Local Regional
2159 workforce development boards may develop screening and
2160 prioritization procedures based on the allocation of resources,
2161 the availability of community resources, the provision of
2162 supportive services, or the work activity needs of the service
2163 area.
2164 (5) USE OF CONTRACTS.—Local Regional workforce development
2165 boards shall provide work activities, training, and other
2166 services, as appropriate, through contracts. In contracting for
2167 work activities, training, or services, the following applies:
2168 (a) A contract must be performance-based. Payment shall be
2169 tied to performance outcomes that include factors such as, but
2170 not limited to, diversion from cash assistance, job entry, job
2171 entry at a target wage, job retention, and connection to
2172 transition services rather than tied to completion of training
2173 or education or any other phase of the program participation
2174 process.
2175 (b) A contract may include performance-based incentive
2176 payments that may vary according to the extent to which the
2177 participant is more difficult to place. Contract payments may be
2178 weighted proportionally to reflect the extent to which the
2179 participant has limitations associated with the long-term
2180 receipt of welfare and difficulty in sustaining employment. The
2181 factors may include the extent of prior receipt of welfare, lack
2182 of employment experience, lack of education, lack of job skills,
2183 and other factors determined appropriate by the local regional
2184 workforce development board.
2185 (c) Notwithstanding the exemption from the competitive
2186 sealed bid requirements provided in s. 287.057(3)(e) for certain
2187 contractual services, each contract awarded under this chapter
2188 must be awarded on the basis of a competitive sealed bid, except
2189 for a contract with a governmental entity as determined by the
2190 local regional workforce development board.
2191 (d) Local Regional workforce development boards may
2192 contract with commercial, charitable, or religious
2193 organizations. A contract must comply with federal requirements
2194 with respect to nondiscrimination and other requirements that
2195 safeguard the rights of participants. Services may be provided
2196 under contract, certificate, voucher, or other form of
2197 disbursement.
2198 (e) The administrative costs associated with a contract for
2199 services provided under this section may not exceed the
2200 applicable administrative cost ceiling established in federal
2201 law. An agency or entity that is awarded a contract under this
2202 section may not charge more than 7 percent of the value of the
2203 contract for administration unless an exception is approved by
2204 the local regional workforce development board. A list of any
2205 exceptions approved must be submitted to the board of directors
2206 of CareerSource Florida, Inc., for review, and the board may
2207 rescind approval of the exception.
2208 (f) Local Regional workforce development boards may enter
2209 into contracts to provide short-term work experience for the
2210 chronically unemployed as provided in this section.
2211 (g) A tax-exempt organization under s. 501(c) of the
2212 Internal Revenue Code of 1986 which receives funds under this
2213 chapter must disclose receipt of federal funds on any
2214 advertising, promotional, or other material in accordance with
2215 federal requirements.
2216 Section 39. Section 445.025, Florida Statutes, is amended
2217 to read:
2218 445.025 Other support services.—Support services shall be
2219 provided, if resources permit, to assist participants in
2220 complying with work activity requirements outlined in s.
2221 445.024. If resources do not permit the provision of needed
2222 support services, the local regional workforce development board
2223 may prioritize or otherwise limit provision of support services.
2224 This section does not constitute an entitlement to support
2225 services. Lack of provision of support services may be
2226 considered as a factor in determining whether good cause exists
2227 for failing to comply with work activity requirements but does
2228 not automatically constitute good cause for failing to comply
2229 with work activity requirements, and does not affect any
2230 applicable time limit on the receipt of temporary cash
2231 assistance or the provision of services under chapter 414.
2232 Support services shall include, but need not be limited to:
2233 (1) TRANSPORTATION.—Transportation expenses may be provided
2234 to any participant when the assistance is needed to comply with
2235 work activity requirements or employment requirements, including
2236 transportation to and from a child care provider. Payment may be
2237 made in cash or tokens in advance or through reimbursement paid
2238 against receipts or invoices. Transportation services may
2239 include, but are not limited to, cooperative arrangements with
2240 the following: public transit providers; community
2241 transportation coordinators designated under chapter 427; school
2242 districts; churches and community centers; donated motor vehicle
2243 programs, van pools, and ridesharing programs; small enterprise
2244 developments and entrepreneurial programs that encourage
2245 participants to become transportation providers; public and
2246 private transportation partnerships; and other innovative
2247 strategies to expand transportation options available to program
2248 participants.
2249 (a) Local Regional workforce development boards may provide
2250 payment for vehicle operational and repair expenses, including
2251 repair expenditures necessary to make a vehicle functional;
2252 vehicle registration fees; driver license fees; and liability
2253 insurance for the vehicle for a period of up to 6 months.
2254 Request for vehicle repairs must be accompanied by an estimate
2255 of the cost prepared by a repair facility registered under s.
2256 559.904.
2257 (b) Transportation disadvantaged funds as defined in
2258 chapter 427 do not include support services funds or funds
2259 appropriated to assist persons eligible under the Workforce
2260 Innovation and Opportunity Act Job Training Partnership Act. It
2261 is the intent of the Legislature that local regional workforce
2262 development boards consult with local community transportation
2263 coordinators designated under chapter 427 regarding the
2264 availability and cost of transportation services through the
2265 coordinated transportation system before prior to contracting
2266 for comparable transportation services outside the coordinated
2267 system.
2268 (2) ANCILLARY EXPENSES.—Ancillary expenses such as books,
2269 tools, clothing, fees, and costs necessary to comply with work
2270 activity requirements or employment requirements may be
2271 provided.
2272 (3) MEDICAL SERVICES.—A family that meets the eligibility
2273 requirements for Medicaid shall receive medical services under
2274 the Medicaid program.
2275 (4) PERSONAL AND FAMILY COUNSELING AND THERAPY.—Counseling
2276 may be provided to participants who have a personal or family
2277 problem or problems caused by substance abuse that is a barrier
2278 to compliance with work activity requirements or employment
2279 requirements. In providing these services, local regional
2280 workforce development boards shall use services that are
2281 available in the community at no additional cost. If these
2282 services are not available, local regional workforce development
2283 boards may use support services funds. Personal or family
2284 counseling not available through Medicaid may not be considered
2285 a medical service for purposes of the required statewide
2286 implementation plan or use of federal funds.
2287 Section 40. Subsection (5) of section 445.026, Florida
2288 Statutes, is amended to read:
2289 445.026 Cash assistance severance benefit.—An individual
2290 who meets the criteria listed in this section may choose to
2291 receive a lump-sum payment in lieu of ongoing cash assistance
2292 payments, provided the individual:
2293 (5) Provides employment and earnings information to the
2294 local regional workforce development board, so that the local
2295 regional workforce development board can ensure that the
2296 family’s eligibility for severance benefits can be evaluated.
2297
2298 Such individual may choose to accept a one-time, lump-sum
2299 payment of $1,000 in lieu of receiving ongoing cash assistance.
2300 Such payment shall only count toward the time limitation for the
2301 month in which the payment is made in lieu of cash assistance. A
2302 participant choosing to accept such payment shall be terminated
2303 from cash assistance. However, eligibility for Medicaid, food
2304 assistance, or child care shall continue, subject to the
2305 eligibility requirements of those programs.
2306 Section 41. Subsections (2) and (4) of section 445.030,
2307 Florida Statutes, are amended to read:
2308 445.030 Transitional education and training.—In order to
2309 assist former recipients of temporary cash assistance who are
2310 working or actively seeking employment in continuing their
2311 training and upgrading their skills, education, or training,
2312 support services may be provided for up to 2 years after the
2313 family is no longer receiving temporary cash assistance. This
2314 section does not constitute an entitlement to transitional
2315 education and training. If funds are not sufficient to provide
2316 services under this section, the board of directors of
2317 CareerSource Florida, Inc., may limit or otherwise prioritize
2318 transitional education and training.
2319 (2) Local Regional workforce development boards may
2320 authorize child care or other support services in addition to
2321 services provided in conjunction with employment. For example, a
2322 participant who is employed full time may receive child care
2323 services related to that employment and may also receive
2324 additional child care services in conjunction with training to
2325 upgrade the participant’s skills.
2326 (4) A local Regional workforce development board may enter
2327 into an agreement with an employer to share the costs relating
2328 to upgrading the skills of participants hired by the employer.
2329 For example, a local regional workforce development board may
2330 agree to provide support services such as transportation or a
2331 wage subsidy in conjunction with training opportunities provided
2332 by the employer.
2333 Section 42. Section 445.031, Florida Statutes, is amended
2334 to read:
2335 445.031 Transitional transportation.—In order to assist
2336 former recipients of temporary cash assistance in maintaining
2337 and sustaining employment or educational opportunities,
2338 transportation may be provided, if funds are available, for up
2339 to 2 years after the participant is no longer in the program.
2340 This does not constitute an entitlement to transitional
2341 transportation. If funds are not sufficient to provide services
2342 under this section, local regional workforce development boards
2343 may limit or otherwise prioritize transportation services.
2344 (1) Transitional transportation must be job or education
2345 related.
2346 (2) Transitional transportation may include expenses
2347 identified in s. 445.025, paid directly or by voucher, as well
2348 as a vehicle valued at not more than $8,500 if the vehicle is
2349 needed for training, employment, or educational purposes.
2350 Section 43. Subsection (1), paragraph (b) of subsection
2351 (4), and subsection (5) of section 445.048, Florida Statutes,
2352 are amended to read:
2353 445.048 Passport to Economic Progress program.—
2354 (1) AUTHORIZATION.—Notwithstanding any law to the contrary,
2355 CareerSource Florida, Inc., in conjunction with the Department
2356 of Children and Families and the Department of Economic
2357 Opportunity, shall implement a Passport to Economic Progress
2358 program consistent with the provisions of this section.
2359 CareerSource Florida, Inc., may designate local regional
2360 workforce development boards to participate in the program.
2361 Expenses for the program may come from appropriated revenues or
2362 from funds otherwise available to a local regional workforce
2363 development board which may be legally used for such purposes.
2364 CareerSource Florida, Inc., must consult with the applicable
2365 local regional workforce development boards and the applicable
2366 local offices of the Department of Children and Families which
2367 serve the program areas and must encourage community input into
2368 the implementation process.
2369 (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.—
2370 (b) CareerSource Florida, Inc., in cooperation with the
2371 Department of Children and Families and the Department of
2372 Economic Opportunity, shall offer performance-based incentive
2373 bonuses as a component of the Passport to Economic Progress
2374 program. The bonuses do not represent a program entitlement and
2375 are contingent on achieving specific benchmarks prescribed in
2376 the self-sufficiency plan. If the funds appropriated for this
2377 purpose are insufficient to provide this financial incentive,
2378 the board of directors of CareerSource Florida, Inc., may reduce
2379 or suspend the bonuses in order not to exceed the appropriation
2380 or may direct the local workforce development regional boards to
2381 use resources otherwise given to the local workforce development
2382 board regional workforce to pay such bonuses if such payments
2383 comply with applicable state and federal laws.
2384 (5) EVALUATIONS AND RECOMMENDATIONS.—CareerSource Florida,
2385 Inc., in conjunction with the Department of Children and
2386 Families, the Department of Economic Opportunity, and the local
2387 regional workforce development boards, shall conduct a
2388 comprehensive evaluation of the effectiveness of the program
2389 operated under this section. Evaluations and recommendations for
2390 the program shall be submitted by CareerSource Florida, Inc., as
2391 part of its annual report to the Legislature.
2392 Section 44. Paragraph (b) of subsection (2), paragraph (d)
2393 of subsection (4), and subsections (6) and (7) of section
2394 445.051, Florida Statutes, are amended to read:
2395 445.051 Individual development accounts.—
2396 (2) As used in this section, the term:
2397 (b) “Qualified entity” means:
2398 1. A not-for-profit organization described in s. 501(c)(3)
2399 of the Internal Revenue Code of 1986, as amended, and exempt
2400 from taxation under s. 501(a) of such code; or
2401 2. A state or local government agency acting in cooperation
2402 with an organization described in subparagraph 1. For purposes
2403 of this section, a local regional workforce development board is
2404 a government agency.
2405 (4)
2406 (d) Eligible participants may receive matching funds for
2407 contributions to the individual development account, pursuant to
2408 the strategic plan for workforce development. When not
2409 restricted to the contrary, matching funds may be paid from
2410 state and federal funds under the control of the local regional
2411 workforce development board, from local agencies, or from
2412 private donations.
2413 (6) CareerSource Florida, Inc., shall establish procedures
2414 for local regional workforce development boards to include in
2415 their annual program and financial plan an application to offer
2416 an individual development account program as part of their TANF
2417 allocation. These procedures must include, but need not be
2418 limited to, administrative costs permitted for the fiduciary
2419 organization and policies relative to identifying the match
2420 ratio and limits on the deposits for which the match will be
2421 provided in the application process. CareerSource Florida, Inc.,
2422 shall establish policies and procedures necessary to ensure that
2423 funds held in an individual development account are not
2424 withdrawn except for one or more of the qualified purposes
2425 described in this section.
2426 (7) Fiduciary organizations shall be the local regional
2427 workforce development board or other community-based
2428 organizations designated by the local regional workforce
2429 development board to serve as intermediaries between individual
2430 account holders and financial institutions holding accounts.
2431 Responsibilities of such fiduciary organizations may include
2432 marketing participation, soliciting matching contributions,
2433 counseling program participants, and conducting verification and
2434 compliance activities.
2435 Section 45. Paragraph (a) of subsection (1) of section
2436 985.622, Florida Statutes, is amended to read:
2437 985.622 Multiagency plan for career and professional
2438 education (CAPE).—
2439 (1) The Department of Juvenile Justice and the Department
2440 of Education shall, in consultation with the statewide Workforce
2441 Development Youth Council, school districts, providers, and
2442 others, jointly develop a multiagency plan for career and
2443 professional education (CAPE) that establishes the curriculum,
2444 goals, and outcome measures for CAPE programs in juvenile
2445 justice education programs. The plan must be reviewed annually,
2446 revised as appropriate, and include:
2447 (a) Provisions for maximizing appropriate state and federal
2448 funding sources, including funds under the Workforce Innovation
2449 and Opportunity Act Workforce Investment Act and the Perkins
2450 Act.
2451 Section 46. Paragraph (c) of subsection (4) of section
2452 1002.83, Florida Statutes, is amended to read:
2453 1002.83 Early learning coalitions.—
2454 (4) Each early learning coalition must include the
2455 following member positions; however, in a multicounty coalition,
2456 each ex officio member position may be filled by multiple
2457 nonvoting members but no more than one voting member shall be
2458 seated per member position. If an early learning coalition has
2459 more than one member representing the same entity, only one of
2460 such members may serve as a voting member:
2461 (c) A local regional workforce development board executive
2462 director or his or her permanent designee.
2463 Section 47. Subsections (2) and (3) and paragraph (b) of
2464 subsection (4) of section 1003.491, Florida Statutes, are
2465 amended to read:
2466 1003.491 Florida Career and Professional Education Act.—The
2467 Florida Career and Professional Education Act is created to
2468 provide a statewide planning partnership between the business
2469 and education communities in order to attract, expand, and
2470 retain targeted, high-value industry and to sustain a strong,
2471 knowledge-based economy.
2472 (2) Each district school board shall develop, in
2473 collaboration with local regional workforce development boards,
2474 economic development agencies, and postsecondary institutions
2475 approved to operate in the state, a strategic 3-year plan to
2476 address and meet local and regional workforce demands. If
2477 involvement of a local regional workforce development board or
2478 an economic development agency in the strategic plan development
2479 is not feasible, the local school board, with the approval of
2480 the Department of Economic Opportunity, shall collaborate with
2481 the most appropriate regional business leadership board. Two or
2482 more school districts may collaborate in the development of the
2483 strategic plan and offer career-themed courses, as defined in s.
2484 1003.493(1)(b), or a career and professional academy as a joint
2485 venture. The strategic plan must describe in detail provisions
2486 for the efficient transportation of students, the maximum use of
2487 shared resources, access to courses aligned to state curriculum
2488 standards through virtual education providers legislatively
2489 authorized to provide part-time instruction to middle school
2490 students, and an objective review of proposed career and
2491 professional academy courses and other career-themed courses to
2492 determine if the courses will lead to the attainment of industry
2493 certifications included on the Industry Certified Funding List
2494 pursuant to rules adopted by the State Board of Education. Each
2495 strategic plan shall be reviewed, updated, and jointly approved
2496 every 3 years by the local school district, local regional
2497 workforce development boards, economic development agencies, and
2498 state-approved postsecondary institutions.
2499 (3) The strategic 3-year plan developed jointly by the
2500 local school district, local regional workforce development
2501 boards, economic development agencies, and state-approved
2502 postsecondary institutions shall be constructed and based on:
2503 (a) Research conducted to objectively determine local and
2504 regional workforce needs for the ensuing 3 years, using labor
2505 projections of the United States Department of Labor and the
2506 Department of Economic Opportunity;
2507 (b) Strategies to develop and implement career academies or
2508 career-themed courses based on those careers determined to be
2509 high-wage, high-skill, and high-demand;
2510 (c) Strategies to provide shared, maximum use of private
2511 sector facilities and personnel;
2512 (d) Strategies that ensure instruction by industry
2513 certified faculty and standards and strategies to maintain
2514 current industry credentials and for recruiting and retaining
2515 faculty to meet those standards;
2516 (e) Strategies to provide personalized student advisement,
2517 including a parent-participation component, and coordination
2518 with middle grades to promote and support career-themed courses
2519 and education planning as required under s. 1003.4156;
2520 (f) Alignment of requirements for middle school career
2521 planning under s. 1003.4156(1)(e), middle and high school career
2522 and professional academies or career-themed courses leading to
2523 industry certification or postsecondary credit, and high school
2524 graduation requirements;
2525 (g) Provisions to ensure that career-themed courses and
2526 courses offered through career and professional academies are
2527 academically rigorous, meet or exceed appropriate state-adopted
2528 subject area standards, result in attainment of industry
2529 certification, and, when appropriate, result in postsecondary
2530 credit;
2531 (h) Plans to sustain and improve career-themed courses and
2532 career and professional academies;
2533 (i) Strategies to improve the passage rate for industry
2534 certification examinations if the rate falls below 50 percent;
2535 (j) Strategies to recruit students into career-themed
2536 courses and career and professional academies which include
2537 opportunities for students who have been unsuccessful in
2538 traditional classrooms but who are interested in enrolling in
2539 career-themed courses or a career and professional academy.
2540 School boards shall provide opportunities for students who may
2541 be deemed as potential dropouts to enroll in career-themed
2542 courses or participate in career and professional academies;
2543 (k) Strategies to provide sufficient space within academies
2544 to meet workforce needs and to provide access to all interested
2545 and qualified students;
2546 (l) Strategies to implement career-themed courses or career
2547 and professional academy training that lead to industry
2548 certification in juvenile justice education programs;
2549 (m) Opportunities for high school students to earn weighted
2550 or dual enrollment credit for higher-level career and technical
2551 courses;
2552 (n) Promotion of the benefits of the Gold Seal Bright
2553 Futures Scholarship;
2554 (o) Strategies to ensure the review of district pupil
2555 progression plans and to amend such plans to include career
2556 themed courses and career and professional academy courses and
2557 to include courses that may qualify as substitute courses for
2558 core graduation requirements and those that may be counted as
2559 elective courses;
2560 (p) Strategies to provide professional development for
2561 secondary certified school counselors on the benefits of career
2562 and professional academies and career-themed courses that lead
2563 to industry certification; and
2564 (q) Strategies to redirect appropriated career funding in
2565 secondary and postsecondary institutions to support career
2566 academies and career-themed courses that lead to industry
2567 certification.
2568 (4) The State Board of Education shall establish a process
2569 for the continual and uninterrupted review of newly proposed
2570 core secondary courses and existing courses requested to be
2571 considered as core courses to ensure that sufficient rigor and
2572 relevance is provided for workforce skills and postsecondary
2573 education and aligned to state curriculum standards.
2574 (b) The curriculum review committee shall review newly
2575 proposed core courses electronically. Each proposed core course
2576 shall be approved or denied within 30 days after submission by a
2577 district school board or local regional workforce development
2578 board. All courses approved as core courses for purposes of
2579 middle school promotion and high school graduation shall be
2580 immediately added to the Course Code Directory. Approved core
2581 courses shall also be reviewed and considered for approval for
2582 dual enrollment credit. The Board of Governors and the
2583 Commissioner of Education shall jointly recommend an annual
2584 deadline for approval of new core courses to be included for
2585 purposes of postsecondary admissions and dual enrollment credit
2586 the following academic year. The State Board of Education shall
2587 establish an appeals process in the event that a proposed course
2588 is denied which shall require a consensus ruling by the
2589 Department of Economic Opportunity and the Commissioner of
2590 Education within 15 days.
2591 Section 48. Paragraph (a) of subsection (3) of section
2592 1003.492, Florida Statutes, is amended to read:
2593 1003.492 Industry-certified career education programs.—
2594 (3) The State Board of Education shall use the expertise of
2595 CareerSource Florida, Inc., and the Department of Agriculture
2596 and Consumer Services to develop and adopt rules pursuant to ss.
2597 120.536(1) and 120.54 for implementing an industry certification
2598 process.
2599 (a) For nonfarm occupations, industry certification must be
2600 based upon the highest available national standards for specific
2601 industry certification to ensure student skill proficiency and
2602 to address emerging labor market and industry trends. A local
2603 regional workforce development board or a school principal may
2604 apply to CareerSource Florida, Inc., to request additions to the
2605 approved list of industry certifications based on high-skill,
2606 high-wage, and high-demand job requirements in the local
2607 regional economy.
2608 Section 49. Subsection (1) and paragraph (d) of subsection
2609 (4) of section 1003.493, Florida Statutes, are amended to read:
2610 1003.493 Career and professional academies and career
2611 themed courses.—
2612 (1)(a) A “career and professional academy” is a research
2613 based program that integrates a rigorous academic curriculum
2614 with an industry-specific curriculum aligned directly to
2615 priority workforce needs established by the local regional
2616 workforce development board or the Department of Economic
2617 Opportunity. Career and professional academies shall be offered
2618 by public schools and school districts. The Florida Virtual
2619 School is encouraged to develop and offer rigorous career and
2620 professional courses as appropriate. Students completing career
2621 and professional academy programs must receive a standard high
2622 school diploma, the highest available industry certification,
2623 and opportunities to earn postsecondary credit if the academy
2624 partners with a postsecondary institution approved to operate in
2625 the state.
2626 (b) A “career-themed course” is a course, or a course in a
2627 series of courses, that leads to an industry certification
2628 identified in the CAPE Industry Certification Funding List
2629 pursuant to rules adopted by the State Board of Education.
2630 Career-themed courses have industry-specific curriculum aligned
2631 directly to priority workforce needs established by the local
2632 regional workforce development board or the Department of
2633 Economic Opportunity. School districts shall offer at least two
2634 career-themed courses, and each secondary school is encouraged
2635 to offer at least one career-themed course. The Florida Virtual
2636 School is encouraged to develop and offer rigorous career-themed
2637 courses as appropriate. Students completing a career-themed
2638 course must be provided opportunities to earn postsecondary
2639 credit if the credit for the career-themed course can be
2640 articulated to a postsecondary institution approved to operate
2641 in the state.
2642 (4) Each career and professional academy and secondary
2643 school providing a career-themed course must:
2644 (d) Provide instruction in careers designated as high
2645 skill, high-wage, and high-demand by the local regional
2646 workforce development board, the chamber of commerce, economic
2647 development agencies, or the Department of Economic Opportunity.
2648 Section 50. Subsection (1) of section 1003.4935, Florida
2649 Statutes, is amended to read:
2650 1003.4935 Middle grades career and professional academy
2651 courses and career-themed courses.—
2652 (1) Beginning with the 2011-2012 school year, each district
2653 school board, in collaboration with local regional workforce
2654 development boards, economic development agencies, and state
2655 approved postsecondary institutions, shall include plans to
2656 implement a career and professional academy or a career-themed
2657 course, as defined in s. 1003.493(1)(b), in at least one middle
2658 school in the district as part of the strategic 3-year plan
2659 pursuant to s. 1003.491(2). The strategic plan must provide
2660 students the opportunity to transfer from a middle school career
2661 and professional academy or a career-themed course to a high
2662 school career and professional academy or a career-themed course
2663 currently operating within the school district. Students who
2664 complete a middle school career and professional academy or a
2665 career-themed course must have the opportunity to earn an
2666 industry certificate and high school credit and participate in
2667 career planning, job shadowing, and business leadership
2668 development activities.
2669 Section 51. Paragraph (a) of subsection (1) of section
2670 1003.52, Florida Statutes, is amended to read:
2671 1003.52 Educational services in Department of Juvenile
2672 Justice programs.—
2673 (1) The Department of Education shall serve as the lead
2674 agency for juvenile justice education programs, curriculum,
2675 support services, and resources. To this end, the Department of
2676 Education and the Department of Juvenile Justice shall each
2677 designate a Coordinator for Juvenile Justice Education Programs
2678 to serve as the point of contact for resolving issues not
2679 addressed by district school boards and to provide each
2680 department’s participation in the following activities:
2681 (a) Training, collaborating, and coordinating with district
2682 school boards, local regional workforce development boards, and
2683 local youth councils, educational contract providers, and
2684 juvenile justice providers, whether state operated or
2685 contracted.
2686
2687 Annually, a cooperative agreement and plan for juvenile justice
2688 education service enhancement shall be developed between the
2689 Department of Juvenile Justice and the Department of Education
2690 and submitted to the Secretary of Juvenile Justice and the
2691 Commissioner of Education by June 30. The plan shall include, at
2692 a minimum, each agency’s role regarding educational program
2693 accountability, technical assistance, training, and coordination
2694 of services.
2695 Section 52. Paragraph (a) of subsection (3) and paragraph
2696 (e) of subsection (4) of section 1004.93, Florida Statutes, are
2697 amended to read:
2698 1004.93 Adult general education.—
2699 (3)(a) Each district school board or Florida College System
2700 institution board of trustees shall negotiate with the local
2701 regional workforce development board for basic and functional
2702 literacy skills assessments for participants in the welfare
2703 transition employment and training programs. Such assessments
2704 shall be conducted at a site mutually acceptable to the district
2705 school board or Florida College System institution board of
2706 trustees and the local regional workforce development board.
2707 (4)
2708 (e) A district school board or a Florida College System
2709 institution board of trustees may negotiate a contract with the
2710 local regional workforce development board for specialized
2711 services for participants in the welfare transition program,
2712 beyond what is routinely provided for the general public, to be
2713 funded by the local regional workforce development board.
2714 Section 53. Paragraph (b) of subsection (1) of section
2715 1006.261, Florida Statutes, is amended to read:
2716 1006.261 Use of school buses for public purposes.—
2717 (1)
2718 (b) Each district school board may enter into agreements
2719 with local regional workforce development boards for the
2720 provision of transportation services to participants in the
2721 welfare transition program. Agreements must provide for
2722 reimbursement in full or in part for the proportionate share of
2723 fixed and operating costs incurred by the district school board
2724 attributable to the use of buses in accordance with the
2725 agreement.
2726 Section 54. Paragraph (e) of subsection (1) of section
2727 1009.25, Florida Statutes, is amended to read:
2728 1009.25 Fee exemptions.—
2729 (1) The following students are exempt from the payment of
2730 tuition and fees, including lab fees, at a school district that
2731 provides workforce education programs, Florida College System
2732 institution, or state university:
2733 (e) A student enrolled in an employment and training
2734 program under the welfare transition program. The local regional
2735 workforce development board shall pay the state university,
2736 Florida College System institution, or school district for costs
2737 incurred for welfare transition program participants.
2738 Section 55. This act shall take effect July 1, 2016.