Florida Senate - 2018 SB 1122 By Senator Braynon 35-00265-18 20181122__ 1 A bill to be entitled 2 An act relating to trust funds; creating s. 445.015, 3 F.S.; creating the Florida Business and Workforce 4 Competitiveness Trust Fund within the State Treasury, 5 to be administered by the Department of Economic 6 Opportunity; providing the purpose of the trust fund; 7 requiring trust fund moneys to be provided to local 8 workforce development boards to award and administer 9 certain grants; specifying duties of CareerSource 10 Florida, Inc., with respect to the trust fund; 11 providing that trust fund moneys are composed of a 12 specified assessment to be imposed on certain 13 employers; limiting eligibility of grants to certain 14 employers; providing requirements and limitations for 15 the assessment and administrative costs; providing for 16 future review and termination or re-creation of the 17 trust fund; providing a directive to the Division of 18 Law Revision and Information; providing an effective 19 date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 445.015, Florida Statutes, is created to 24 read: 25 445.015 Florida Business and Workforce Competitiveness 26 Trust Fund.— 27 (1) The Florida Business and Workforce Competitiveness 28 Trust Fund is created within the State Treasury and is to be 29 administered by the Department of Economic Opportunity. 30 (2) The trust fund is established for use as an additional 31 revenue source to support the growth of businesses in this state 32 and to provide workforce training needed to effectively address 33 changing skill requirements as a result of new technology, 34 retooling, new product lines, and new organizational 35 structuring. 36 (3) Funds credited to the trust fund must be provided to 37 local workforce development boards, appointed under s. 445.007, 38 to award incentive grants to employers to hire unemployment 39 compensation claimants. Each local workforce development board 40 shall determine award recipients and administer grants within 41 the funding available to it. 42 (4) CareerSource Florida, Inc., shall: 43 (a) Establish guidelines governing the administration of 44 the trust fund; 45 (b) Establish criteria to be used by local workforce 46 development boards in evaluating applications for funding; and 47 (c) Allocate to each local workforce development board its 48 share of funds available under the trust fund. 49 (5) Moneys in the trust fund are composed of a quarterly 50 employment and training investment assessment imposed beginning 51 July 1, 2018, on each employer paying contributions under s. 52 443.131 at a rate below the maximum contribution rate of 5.4 53 percent as provided in s. 443.131(3)(e)2.a.(V). The assessment 54 must be a separate assessment of one-tenth of 1 percent of 55 wages, as described under s. 443.1217, paid by the employer. 56 (a) An employer is eligible for a grant award only if the 57 employer is subject to paying contributions under s. 443.131 and 58 is subject to the assessment. 59 (b) The assessment is due at the same time, must be 60 collected in the same manner, and is subject to the same 61 penalties and interest as other contributions assessed under s. 62 443.131. 63 (c) The assessment may not be imposed for any year in which 64 the balance in the Unemployment Compensation Trust Fund requires 65 the computation of a positive adjustment factor as provided in 66 s. 443.131(3)(e)2.a.(III). 67 (d) Administrative costs associated with the collection of 68 the trust fund must be paid out of revenue generated from the 69 assessment. The cost of collection and administration of the 70 assessment under this subsection must be allocated based on a 71 plan approved by the United States Department of Labor. 72 (6) In accordance with s. 19(f)(2), Art. III of the State 73 Constitution, the Florida Business and Workforce Competitiveness 74 Trust Fund shall, unless terminated sooner, be terminated 4 75 years after the effective date of this act. Before its scheduled 76 termination, the trust fund shall be reviewed as provided in s. 77 215.3206(1) and (2). 78 Section 2. The Division of Law Revision and Information is 79 directed to replace the phrase “4 years after the effective date 80 of this act” where it occurs in this act with the date the trust 81 fund will terminate. 82 Section 3. This act shall take effect upon becoming a law.