Florida Senate - 2021                                      SB 98
       By Senator Albritton
       26-01507A-21                                            202198__
    1                        A bill to be entitled                      
    2         An act relating to workforce related programs and
    3         services; amending s. 216.136, F.S.; renaming the
    4         Workforce Estimating Conference as the Labor Market
    5         Estimating Conference; removing requirements for the
    6         Workforce Estimating Conference; providing
    7         requirements for the Labor Market Estimating
    8         Conference; amending s. 445.002, F.S.; redefining the
    9         term “for cause”; amending s. 445.004, F.S.; expanding
   10         the membership of the state workforce development
   11         board; specifying entities that can authorize certain
   12         expenditures; providing and revising requirements for
   13         the state board in order to achieve certain purposes;
   14         requiring the state board, in consultation with the
   15         department, to submit a report to the Governor and
   16         Legislature; providing and revising reporting
   17         requirements; requiring the state board to assign
   18         letter grades to local workforce development boards;
   19         requiring local performance accountability measures to
   20         be based on identified local area needs; amending s.
   21         445.007, F.S.; removing authority for a local board to
   22         review a decision by the department to deny a
   23         contract; requiring a local board to disclose certain
   24         compensation information to the department; providing
   25         term limits for local board members; providing an
   26         exception; requiring actions of the local board to be
   27         consistent with federal and state law; providing
   28         requirements for certain contracts between a local
   29         board and certain entities; providing an exception;
   30         requiring the department to review certain
   31         documentation when considering whether to approve a
   32         contract; removing authority for a local board to
   33         review a decision by the department to deny a
   34         contract; requiring a local board to disclose certain
   35         compensation information to the department; requiring
   36         local boards to publish specified information;
   37         requiring the department to review certain information
   38         provided by a local board in reviewing contracts;
   39         amending s. 445.009, F.S.; requiring a certain final
   40         payment amount to Individual Training Accounts;
   41         conforming provisions to changes made by the act;
   42         amending s. 445.038, F.S.; conforming provisions to
   43         changes made by the act; amending s. 446.021, F.S.;
   44         revising the definition of the term “uniform minimum
   45         preapprenticeship standards”; expanding the definition
   46         to include apprenticeship programs; amending s.
   47         446.032, F.S.; requiring certain standards and
   48         policies established by the Department of Education to
   49         include a specified requirement for training
   50         providers; requiring, rather than authorizing, the
   51         department to adopt rules; providing requirements for
   52         a certain annual report; requiring the department to
   53         provide data from certain resources to specified
   54         persons and entities; amending s. 446.045, F.S.;
   55         specifying that the Governor shall fill vacancies on
   56         the State Apprenticeship Advisory Council for the
   57         remainder of a term; amending s. 1003.4156, F.S.;
   58         requiring a career and education planning course to
   59         include certain resources; amending s. 1003.4203,
   60         F.S.; specifying the sections under which the
   61         Department of Education must identify certain CAPE
   62         Digital Tool certificates; removing the deadline for
   63         such identification; removing specified skills that
   64         must be mastered; authorizing courses identified in
   65         the CAPE Industry Certification Funding List to
   66         articulate for college credit; removing the course
   67         limit; amending s. 1003.491, F.S.; requiring certain
   68         strategic plans to use labor projections identified by
   69         the Labor Market Estimating Conference; amending s.
   70         1003.4935, F.S.; requiring that middle grades career
   71         and professional academies and career-themed courses
   72         lead to careers in occupations aligned with the CAPE
   73         Industry Certification Funding List; amending s.
   74         1008.41, F.S.; adding the Labor Market Estimating
   75         Conference as a source of workforce data; amending s.
   76         1008.44, F.S.; requiring the Commissioner of Education
   77         to conduct a review of the methodology used to
   78         determine certain full-time equivalent membership
   79         weights and, if necessary, recommend revised weights;
   80         requiring that the recommendations be provided to the
   81         Governor and the Legislature by a specified date;
   82         amending s. 1011.801, F.S.; conforming a provision to
   83         changes made by the act; amending s. 1011.802, F.S.;
   84         requiring the department to prioritize programs
   85         identified by the Labor Market Estimating Conference;
   86         providing requirements for awards under the Florida
   87         Pathways to Career Opportunities Grant Program;
   88         amending s. 445.011, F.S.; conforming a cross
   89         reference; amending s. 1011.80, F.S.; conforming a
   90         provision to changes made by the act; providing an
   91         effective date.
   93  Be It Enacted by the Legislature of the State of Florida:
   95         Section 1. Subsection (7) of section 216.136, Florida
   96  Statutes, is amended to read:
   97         216.136 Consensus estimating conferences; duties and
   98  principals.—
  100         (a) The Labor Market Workforce Estimating Conference shall
  101  develop such official information with respect to real-time
  102  supply and demand in Florida’s statewide, regional, and local
  103  labor markets on the workforce development system planning
  104  process as it relates to the personnel needs of current, new,
  105  and emerging industries as the conference determines is needed
  106  by the state planning and budgeting system. Such information
  107  must include labor supply by education level, analyses of labor
  108  demand by occupational groups and occupations compared to labor
  109  supply, a ranking of critical areas of concern, and
  110  identification of in-demand, high-skill, high-wage occupations.
  111  The Office of Economic and Demographic Research is designated as
  112  the official lead for the United States Census Bureau’s State
  113  Data Center Program or its successor. All state agencies must
  114  provide the Office of Economic and Demographic Research with the
  115  necessary data to accomplish the goals of the conference. In
  116  accordance with s. 216.135, state agencies shall ensure that any
  117  work product regarding labor demand and supply is consistent
  118  with the official information developed by the Labor Market
  119  Estimating Conference,using quantitative and qualitative
  120  research methods, must include at least: short-term and long
  121  term forecasts of employment demand for jobs by occupation and
  122  industry; entry and average wage forecasts among those
  123  occupations; and estimates of the supply of trained and
  124  qualified individuals available or potentially available for
  125  employment in those occupations, with special focus upon those
  126  occupations and industries which require high skills and have
  127  high entry wages and experienced wage levels. In the development
  128  of workforce estimates, the conference shall use, to the fullest
  129  extent possible, local occupational and workforce forecasts and
  130  estimates.
  131         (b) The Workforce Estimating Conference shall review data
  132  concerning local and regional demands for short-term and long
  133  term employment in High-Skills/High-Wage Program jobs, as well
  134  as other jobs, which data is generated through surveys conducted
  135  as part of the state’s Internet-based job matching and labor
  136  market information system authorized under s. 445.011. The
  137  conference shall consider this data in developing its forecasts
  138  for statewide employment demand, including reviewing local and
  139  regional data for common trends and conditions among localities
  140  or regions which may warrant inclusion of a particular
  141  occupation on the statewide occupational forecasting list
  142  developed by the conference. Based upon its review of such
  143  survey data, the conference shall also make recommendations
  144  semiannually to CareerSource Florida, Inc., on additions or
  145  deletions to lists of locally targeted occupations approved by
  146  CareerSource Florida, Inc.
  147         (c) The Labor Market Workforce Estimating Conference, for
  148  the purposes described in paragraph (a), shall meet at least
  149  twice a year for the purposes described in paragraph (a) no less
  150  than 2 times in a calendar year. The first meeting shall be held
  151  in February, and the second meeting shall be held in August.
  152  Other meetings may be scheduled as needed.
  153         Section 2. Subsection (2) of section 445.002, Florida
  154  Statutes, is amended to read:
  155         445.002 Definitions.—As used in this chapter, the term:
  156         (2) “For cause” includes, but is not limited to, engaging
  157  in fraud or other criminal acts, incapacity, unfitness, neglect
  158  of duty, official incompetence and irresponsibility,
  159  misfeasance, malfeasance, nonfeasance, gross mismanagement, or
  160  lack of performance.
  161         Section 3. Present subsections (8) through (13) of section
  162  445.004, Florida Statutes, are redesignated as subsections (9)
  163  through (14), respectively, a new subsection (8) is added to
  164  that section, and paragraph (d) of subsection (3), subsections
  165  (6) and (7), paragraph (b) of present subsection (9), and
  166  present subsection (11) of that section are amended, to read:
  167         445.004 CareerSource Florida, Inc., and the state board;
  168  creation; purpose; membership; duties and powers.—
  169         (3)
  170         (d) The state board must include the vice chairperson of
  171  the board of directors of Enterprise Florida, Inc., and one
  172  member representing each of the Workforce Innovation and
  173  Opportunity Act partners, including the Division of Career and
  174  Adult Education, the Division of Vocational Rehabilitation, the
  175  Department of Children and Families, and other entities
  176  representing programs identified in the Workforce Innovation and
  177  Opportunity Act, as determined necessary.
  178         (6) The state board shall may take action that it deems
  179  necessary to achieve the purposes of this section by, including,
  180  but not limited to:
  181         (a) Creating a state employment, education, and training
  182  policy that ensures that workforce-related programs to prepare
  183  workers are responsive to present and future business and
  184  industry needs and complement the initiatives of Enterprise
  185  Florida, Inc.
  186         (b) Establishing policy direction for a uniform funding
  187  system that prioritizes evidence-based, results-driven solutions
  188  by providing provides incentives to improve the outcomes of
  189  career education, registered apprenticeship, and work-based
  190  learning programs and that focuses resources on occupations
  191  related to new or emerging industries that add greatly to the
  192  value of the state’s economy.
  193         (c) Establishing a comprehensive policy related to the
  194  education and training of target populations such as those who
  195  have disabilities, are economically disadvantaged, receive
  196  public assistance, are not proficient in English, or are
  197  dislocated workers. This approach should ensure the effective
  198  use of federal, state, local, and private resources in reducing
  199  the need for public assistance by combining two or more sources
  200  of funding to support workforce-related programs or activities
  201  for vulnerable populations when appropriate or authorized.
  202         (d) Identifying barriers to coordination and alignment
  203  among workforce-related programs and activities and developing
  204  solutions to remove such barriers Designating Institutes of
  205  Applied Technology composed of public and private postsecondary
  206  institutions working together with business and industry to
  207  ensure that career education programs use the most advanced
  208  technology and instructional methods available and respond to
  209  the changing needs of business and industry.
  210         (e) Providing policy direction for a system to project and
  211  evaluate labor market supply and demand using the results of the
  212  Labor Market Workforce Estimating Conference created in s.
  213  216.136 and the career education performance standards
  214  identified under s. 1008.43.
  215         (f) Reviewing the performance of public programs that are
  216  responsible for economic development, education, employment, and
  217  training. The review must include an analysis of the return on
  218  investment of these programs.
  219         (g) Expanding the occupations identified by the Labor
  220  Market Workforce Estimating Conference to meet needs created by
  221  local emergencies or plant closings or to capture occupations
  222  within emerging industries.
  223         (7) By December 1 of each year, the state board, in
  224  consultation with the department, shall submit to the Governor,
  225  the President of the Senate, the Speaker of the House of
  226  Representatives, the Senate Minority Leader, and the House
  227  Minority Leader a complete and detailed annual report setting
  228  forth:
  229         (a) All audits and investigations, including any audit or
  230  investigation conducted under subsection (9) (8).
  231         (b) The operations and accomplishments of the state board,
  232  including the programs or entities specified in subsection (6).
  233         (c)The number of mandatory partners located within one
  234  stop centers.
  235         (d) The amount of progress made toward implementing
  236  solutions to address barriers to coordination and alignment
  237  among programs and activities identified under paragraph (6)(d).
  238         (8) Beginning July 1, 2022, the state board shall annually
  239  assign a letter grade for each local workforce development
  240  board.
  241         (10)(9) The state board, in collaboration with the local
  242  workforce development boards and appropriate state agencies and
  243  local public and private service providers, shall establish
  244  uniform performance accountability measures that apply across
  245  the core programs to gauge the performance of the state and
  246  local workforce development boards in achieving the workforce
  247  development strategy.
  248         (b) The performance accountability measures for each local
  249  area consist of the primary indicators of performance, any
  250  additional indicators of performance, and a local level of
  251  performance for each indicator pursuant to Pub. L. No. 113-128.
  252  The local level of performance is determined by the local board,
  253  the chief elected official, and the Governor pursuant to Pub. L.
  254  No. 113-128, Title I, s. 116(c). Any local performance
  255  accountability measures that are established must be based on
  256  identified local area needs.
  257         (12)(11) The workforce development system must use local
  258  design and control of service delivery and targeted activities.
  259  The state board, in consultation with the department, is
  260  responsible for ensuring that local workforce development boards
  261  have a membership consistent with the requirements of federal
  262  and state law and have developed a plan consistent with the
  263  state’s workforce development strategy. The plan must specify
  264  methods for allocating the resources and programs in a manner
  265  that eliminates unwarranted duplication, minimizes
  266  administrative costs, meets the existing job market demands and
  267  the job market demands resulting from successful economic
  268  development activities, ensures access to quality workforce
  269  development services for all Floridians, allows for pro rata or
  270  partial distribution of benefits and services, prohibits the
  271  creation of a waiting list or other indication of an unserved
  272  population, serves as many individuals as possible within
  273  available resources, and maximizes successful outcomes. The
  274  state board shall establish incentives for effective alignment
  275  coordination of federal and state programs, outline rewards for
  276  achieving the long-term self-sufficiency of participants
  277  successful job placements, and institute collaborative
  278  approaches among local service providers.
  279         Section 4. Subsection (1), paragraph (a) of subsection (2),
  280  and subsections (6), (11), and (12) of section 445.007, Florida
  281  Statutes, are amended, and subsections (13) and (14) are added
  282  to that section, to read:
  283         445.007 Local workforce development boards.—
  284         (1) One local workforce development board shall be
  285  appointed in each designated service delivery area and shall
  286  serve as the local workforce development board pursuant to Pub.
  287  L. No. 113-128. The membership of the local board must be
  288  consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
  289  public education or training provider is represented on the
  290  local board, a representative of a private education provider
  291  must also be appointed to the local board. The state board may
  292  waive this requirement if requested by a local workforce
  293  development board if it is demonstrated that such
  294  representatives do not exist in the region. The importance of
  295  minority and gender representation shall be considered when
  296  making appointments to the local board. The local board, its
  297  committees, subcommittees, and subdivisions, and other units of
  298  the workforce system, including units that may consist in whole
  299  or in part of local governmental units, may use any method of
  300  telecommunications to conduct meetings, including establishing a
  301  quorum through telecommunications, provided that the public is
  302  given proper notice of the telecommunications meeting and
  303  reasonable access to observe and, when appropriate, participate.
  304  Local workforce development boards are subject to chapters 119
  305  and 286 and s. 24, Art. I of the State Constitution. If the
  306  local workforce development board enters into a contract with an
  307  organization or individual represented on the local board, the
  308  contract must be approved by a two-thirds vote of the local
  309  board, a quorum having been established, and the local board
  310  member who could benefit financially from the transaction must
  311  abstain from voting on the contract. A local board member must
  312  disclose any such conflict in a manner that is consistent with
  313  the procedures outlined in s. 112.3143. Each member of a local
  314  workforce development board who is not otherwise required to
  315  file a full and public disclosure of financial interests under
  316  s. 8, Art. II of the State Constitution or s. 112.3144 shall
  317  file a statement of financial interests under s. 112.3145. The
  318  executive director or designated person responsible for the
  319  operational and administrative functions of the local workforce
  320  development board who is not otherwise required to file a full
  321  and public disclosure of financial interests under s. 8, Art. II
  322  of the State Constitution or s. 112.3144 shall file a statement
  323  of financial interests under s. 112.3145. The local workforce
  324  development board’s website, or the department’s website if the
  325  local board does not maintain a website, must inform the public
  326  that each disclosure or statement has been filed with the
  327  Commission on Ethics and provide information as to how each
  328  disclosure or statement may be reviewed. The notice to the
  329  public must remain on the website throughout the term of office
  330  or employment of the filer and until 1 year after his or her
  331  term on the local board or employment, as applicable, ends.
  332         (2)(a) The local workforce development board shall elect a
  333  chair from among the representatives described in Pub. L. No.
  334  113-128, Title I, s. 107(b)(2)(A) to serve for a term of no more
  335  than 2 years and may not shall serve no more than two terms as
  336  chair. A member of a local workforce development board may not
  337  serve as a member of the board for more than 6 consecutive
  338  years, unless such member is a representative of a governmental
  339  entity.
  340         (6) Consistent with federal and state law, the local
  341  workforce development board shall designate all local service
  342  providers and may not transfer this authority to a third party.
  343  Consistent with the intent of the Workforce Innovation and
  344  Opportunity Act, local workforce development boards should
  345  provide the greatest possible choice of training providers to
  346  those who qualify for training services. A local workforce
  347  development board may not restrict the choice of training
  348  providers based upon cost, location, or historical training
  349  arrangements. However, a local board may restrict the amount of
  350  training resources available to any one client. Such
  351  restrictions may vary based upon the cost of training in the
  352  client’s chosen occupational area. The local workforce
  353  development board may be designated as a one-stop operator and
  354  direct provider of intake, assessment, eligibility
  355  determinations, or other direct provider services except
  356  training services. Such designation may occur only with the
  357  agreement of the chief elected official and the Governor as
  358  specified in 29 U.S.C. s. 2832(f)(2). The state board shall
  359  establish procedures by which a local workforce development
  360  board may request permission to operate under this section and
  361  the criteria under which such permission may be granted. The
  362  criteria shall include, but need not be limited to, a reduction
  363  in the cost of providing the permitted services. Such permission
  364  shall be granted for a period not to exceed 3 years for any
  365  single request submitted by the local workforce development
  366  board.
  367         (11)(a) To increase transparency and accountability, a
  368  local workforce development board must comply with the
  369  requirements of this section before contracting with a member of
  370  the local board; or a relative, as defined in s. 112.3143(1)(c),
  371  of a local board member; an organization or individual
  372  represented on the local board; or of an employee of the local
  373  board. Such contracts may not be executed before or without the
  374  prior approval of the department. Such contracts, as well as
  375  documentation demonstrating adherence to this section as
  376  specified by the department, must be submitted to the department
  377  for review and approval. Such a contract must be approved by a
  378  two-thirds vote of the local board, a quorum having been
  379  established; all conflicts of interest must be disclosed before
  380  the vote in a manner that is consistent with the procedures
  381  outlined in s. 112.3143(4); and any member who may benefit from
  382  the contract, or whose organization or relative may benefit from
  383  the contract, must abstain from the vote. A contract subject to
  384  the requirements of this subsection may not be included on a
  385  consent agenda.
  386         (b) A contract under $10,000 $25,000 between a local
  387  workforce development board and a member of that board or
  388  between a relative, as defined in s. 112.3143(1)(c), of a local
  389  board member or of an employee of the local board is not
  390  required to have the prior approval of the department, but must
  391  be approved by a two-thirds vote of the local board, a quorum
  392  having been established, and must be reported to the department
  393  and the state board within 30 days after approval.
  394         (c)All contracts between a local board and a member of the
  395  local board; a relative, as defined in s. 112.3143(1)(c), of a
  396  local board member; an organization or individual represented on
  397  the local board; or an employee of the local board, approved on
  398  or after July 1, 2021, also must be published on the local
  399  board’s website, or on the department’s website if the local
  400  board does not maintain a website, within 10 days after approval
  401  by the local board or department, whichever is later. Such
  402  contracts must remain published on the website for at least 1
  403  year after termination of the contract.
  404         (d)In considering whether to approve a contract under this
  405  subsection, the department shall review and consider all
  406  documentation provided to the department by the local board,
  407  including the performance rating of the entity with which the
  408  local board is proposing to contract, if applicable, and the
  409  nature, size, and makeup of the business community served by the
  410  local board, including whether the entity with which the local
  411  board is proposing to contract is the only provider of the
  412  desired goods or services within the area served by the local
  413  board If a contract cannot be approved by the department, a
  414  review of the decision to disapprove the contract may be
  415  requested by the local workforce development board or other
  416  parties to the disapproved contract.
  417         (12) Each local workforce development board shall develop a
  418  budget for the purpose of carrying out the duties of the local
  419  board under this section, subject to the approval of the chief
  420  elected official. Each local workforce development board shall
  421  submit its annual budget for review to the department no later
  422  than 2 weeks after the chair approves the budget. The local
  423  board shall publish the budget on its website, or the
  424  department’s website if the local board does not maintain a
  425  website, within 10 days after approval by the department. The
  426  budget shall remain published on the website for the duration of
  427  the fiscal year for which it accounts for the expenditure of
  428  funds.
  429         (13) Each local workforce development board annually,
  430  within 30 days after the end of the fiscal year, shall disclose
  431  to the department, in a manner determined by the department, the
  432  amount and nature of compensation paid to all executives,
  433  officers, directors, trustees, key employees, and highest
  434  compensated employees, as defined for purposes of the Internal
  435  Revenue Service Form 990, Return of Organization Exempt from
  436  Income Tax, including salary, bonuses, present value of vested
  437  benefits, including, but not limited to, retirement, accrued
  438  leave and paid time off, cashed-in leave, cash equivalents,
  439  severance pay, pension plan accruals and contributions, deferred
  440  compensation, real property gifts, and any other liability owed
  441  to such persons. The disclosure must be accompanied by a written
  442  declaration, as provided for under s. 92.525(2), from the Chief
  443  Financial Officer, or his or her designee, stating that he or
  444  she has read the foregoing document and the facts stated in it
  445  are true. Such information also must be published on the local
  446  board’s website, or the department’s website if the local board
  447  does not maintain a website, for a period of 3 years after it is
  448  first published.
  449         (14)Each local workforce development board shall annually
  450  publish its most recent Internal Revenue Service Form 990,
  451  Return of Organization Exempt from Income Tax, on its website,
  452  or the department’s website if the local board does not maintain
  453  a website. The form must be posted on the local board’s website
  454  within 60 calendar days after it is filed with the Internal
  455  Revenue Service and remain posted for 3 years after it is filed.
  456         Section 5. Paragraphs (a) and (e) of subsection (8) of
  457  section 445.009, Florida Statutes, are amended to read:
  458         445.009 One-stop delivery system.—
  459         (8)(a) Individual Training Accounts must be expended on
  460  programs that prepare people to enter high-wage occupations
  461  identified by the Labor Market Workforce Estimating Conference
  462  created by s. 216.136, and on other programs recommended and
  463  approved by the state board following a review by the department
  464  to determine the program’s compliance with federal law.
  465         (e) Training services provided through Individual Training
  466  Accounts must be performance-based, with successful job
  467  placement triggering final full payment of at least 10 percent.
  468         Section 6. Section 445.038, Florida Statutes, is amended to
  469  read:
  470         445.038 Digital media; job training.—CareerSource Florida,
  471  Inc., through the Department of Economic Opportunity, may use
  472  funds dedicated for incumbent worker training for the digital
  473  media industry. Training may be provided by public or private
  474  training providers for broadband digital media jobs listed on
  475  the targeted occupations list developed by the Labor Market
  476  Workforce Estimating Conference or CareerSource Florida, Inc.
  477  Programs that operate outside the normal semester time periods
  478  and coordinate the use of industry and public resources should
  479  be given priority status for funding.
  480         Section 7. Subsection (8) of section 446.021, Florida
  481  Statutes, is amended to read:
  482         446.021 Definitions of terms used in ss. 446.011-446.092.
  483  As used in ss. 446.011-446.092, the term:
  484         (8) “Uniform minimum preapprenticeship Standards” means the
  485  minimum requirements established uniformly for each occupation
  486  craft under which an apprenticeship or a preapprenticeship
  487  program is administered. The term and includes standards of
  488  admission, training goals, training objectives, curriculum
  489  outlines, objective standards to measure successful completion
  490  of the apprenticeship or preapprenticeship program, and the
  491  percentage of credit which may be given to an apprentice or a
  492  preapprentice preapprenticeship graduates upon acceptance into
  493  the apprenticeship program.
  494         Section 8. Subsections (1), (2), and (3) of section
  495  446.032, Florida Statutes, are amended to read:
  496         446.032 General duties of the department for apprenticeship
  497  training.—The department shall:
  498         (1) Establish uniform minimum standards and policies
  499  governing apprenticeship apprentice programs and agreements
  500  which must require training providers to submit data necessary
  501  to determine program performance consistent with state and
  502  federal law. The standards and policies shall govern the terms
  503  and conditions of the apprentice’s employment and training,
  504  including the quality training of the apprentice for, but not
  505  limited to, such matters as ratios of apprentices to
  506  journeyworkers, safety, related instruction, and on-the-job
  507  training; but these standards and policies may not include
  508  rules, standards, or guidelines that require the use of
  509  apprentices and job trainees on state, county, or municipal
  510  contracts. The department shall may adopt rules necessary to
  511  administer the standards and policies.
  512         (2) By September 1 of each year, publish an annual report
  513  on apprenticeship and preapprenticeship programs. The report
  514  must be published on the department’s website and, at a minimum,
  515  include all of the following:
  516         (a) A list of registered apprenticeship and
  517  preapprenticeship programs, sorted by local educational agency,
  518  as defined in s. 1004.02(18), and apprenticeship sponsor, under
  519  s. 446.071.
  520         (b) A detailed summary of each local educational agency’s
  521  expenditure of funds for apprenticeship and preapprenticeship
  522  programs, including:
  523         1. The total amount of funds received for apprenticeship
  524  and preapprenticeship programs;
  525         2. The total amount of funds allocated by training
  526  provider, program, and to each trade or occupation;
  527         3. The total amount of funds expended for administrative
  528  costs by training provider, program, and per trade or
  529  occupation; and
  530         4. The total amount of funds expended for instructional
  531  costs by training provider, program, per trade and occupation.
  532         (c) The number of apprentices and preapprentices per trade
  533  and occupation.
  534         (d) The percentage of apprentices and preapprentices who
  535  complete their respective programs in the appropriate timeframe.
  536         (e) Information and resources related to applications for
  537  new apprenticeship programs and technical assistance and
  538  requirements for potential applicants.
  539         (f) Documentation of activities conducted by the department
  540  to promote apprenticeship and preapprenticeship programs through
  541  public engagement, community-based partnerships, and other
  542  initiatives and the outcomes of such activities and their impact
  543  on establishing or expanding apprenticeship and
  544  preapprenticeship programs.
  545         (g) Retention and completion rates of participants
  546  aggregated by training provider, program, and occupation.
  547         (h) Wage progression of participants as demonstrated by
  548  starting, exit, and postapprenticeship wages.
  549         (3) Provide assistance to district school boards, Florida
  550  College System institution boards of trustees, program sponsors,
  551  and local workforce development boards in notifying students,
  552  parents, and members of the community of the availability of
  553  apprenticeship and preapprenticeship opportunities, including
  554  data provided in the economic security report under pursuant to
  555  s. 445.07 and other state career planning resources.
  556         Section 9. Paragraph (b) of subsection (2) of section
  557  446.045, Florida Statutes, is amended to read:
  558         446.045 State Apprenticeship Advisory Council.—
  559         (2)
  560         (b) The Commissioner of Education or the commissioner’s
  561  designee shall serve ex officio as chair of the State
  562  Apprenticeship Advisory Council, but may not vote. The state
  563  director of the Office of Apprenticeship of the United States
  564  Department of Labor shall serve ex officio as a nonvoting member
  565  of the council. The Governor shall appoint to the council four
  566  members representing employee organizations and four members
  567  representing employer organizations. Each of these eight members
  568  shall represent industries that have registered apprenticeship
  569  programs. The Governor shall also appoint two public members who
  570  are knowledgeable about registered apprenticeship and
  571  apprenticeable occupations and who are independent of any joint
  572  or nonjoint organization. Members shall be appointed for 4-year
  573  staggered terms. The Governor A vacancy shall fill any vacancy
  574  be filled for the remainder of the unexpired term.
  575         Section 10. Paragraph (e) of subsection (1) of section
  576  1003.4156, Florida Statutes, is amended to read:
  577         1003.4156 General requirements for middle grades
  578  promotion.—
  579         (1) In order for a student to be promoted to high school
  580  from a school that includes middle grades 6, 7, and 8, the
  581  student must successfully complete the following courses:
  582         (e) One course in career and education planning to be
  583  completed in grades 6, 7, or 8, which may be taught by any
  584  member of the instructional staff. The course must be Internet
  585  based, customizable to each student, and include research-based
  586  assessments to assist students in determining educational and
  587  career options and goals. In addition, the course must result in
  588  a completed personalized academic and career plan for the
  589  student that may be revised as the student progresses through
  590  middle school and high school; must emphasize the importance of
  591  entrepreneurship and employability skills; and must include
  592  information from the Department of Economic Opportunity’s
  593  economic security report under s. 445.07 and other state career
  594  planning resources. The required personalized academic and
  595  career plan must inform students of high school graduation
  596  requirements, including a detailed explanation of the
  597  requirements for earning a high school diploma designation under
  598  s. 1003.4285; the requirements for each scholarship in the
  599  Florida Bright Futures Scholarship Program; state university and
  600  Florida College System institution admission requirements;
  601  available opportunities to earn college credit in high school,
  602  including Advanced Placement courses; the International
  603  Baccalaureate Program; the Advanced International Certificate of
  604  Education Program; dual enrollment, including career dual
  605  enrollment; and career education courses, including career
  606  themed courses, preapprenticeship and apprenticeship programs,
  607  and course sequences that lead to industry certification
  608  pursuant to s. 1003.492 or s. 1008.44. The course may be
  609  implemented as a stand-alone course or integrated into another
  610  course or courses.
  611         Section 11. Subsections (3) and (5) of section 1003.4203,
  612  Florida Statutes, are amended to read:
  613         1003.4203 Digital materials, CAPE Digital Tool
  614  certificates, and technical assistance.—
  615         (3) CAPE DIGITAL TOOL CERTIFICATES.—The department shall
  616  identify, in the CAPE Industry Certification Funding List under
  617  ss. 1003.492 and 1008.44 by June 15 of each year, CAPE Digital
  618  Tool certificates that indicate a student’s digital skills. The
  619  department shall notify each school district when the
  620  certificates are available. The certificates shall be made
  621  available to all public elementary and middle grades students.
  622         (a) Targeted skills to be mastered for the certificate
  623  include digital skills that are necessary to the student’s
  624  academic work and skills the student may need in future
  625  employment. The skills must include, but are not limited to,
  626  word processing; spreadsheets; presentations, including sound,
  627  motion, and color presentations; digital arts; cybersecurity;
  628  and coding consistent with CAPE industry certifications that are
  629  listed on the CAPE Industry Certification Funding List, pursuant
  630  to ss. 1003.492 and 1008.44. CAPE Digital Tool certificates
  631  earned by students are eligible for additional full-time
  632  equivalent membership under pursuant to s. 1011.62(1)(o)1.a.
  633         (b) The school district shall notify each middle school
  634  advisory council of the methods of delivery of the open-access
  635  content and assessments for the certificates. If there is no
  636  middle school advisory council, notification must be provided to
  637  the district advisory council.
  638         (c) The Legislature intends that by July 1, 2018, on an
  639  annual basis, at least 75 percent of public middle grades
  640  students earn at least one CAPE Digital Tool certificate.
  642         (a) CAPE Innovation.Up to five Courses, identified in the
  643  CAPE Industry Certification Funding List, which annually
  644  approved by the commissioner that combine academic and career
  645  content, and performance outcome expectations that, if achieved
  646  by a student, must shall articulate for college credit and be
  647  eligible for additional full-time equivalent membership under
  648  pursuant to s. 1011.62(1)(o)1.c. Such approved courses must
  649  incorporate at least two third-party assessments that, if
  650  successfully completed by a student, must shall articulate for
  651  college credit. At least one of the two third-party assessments
  652  must be associated with an industry certification that is
  653  identified on the CAPE Industry Certification Funding List. Each
  654  course that is approved by the commissioner must be specifically
  655  identified in the Course Code Directory as a CAPE Innovation
  656  Course.
  657         (b) CAPE Acceleration.—Industry certifications, annually
  658  approved by the commissioner, that articulate for 15 or more
  659  college credit hours and, if successfully completed, are shall
  660  be eligible for additional full-time equivalent membership under
  661  pursuant to s. 1011.62(1)(o)1.d. Each approved industry
  662  certification must be specifically identified in the CAPE
  663  Industry Certification Funding List as a CAPE Acceleration
  664  Industry Certification.
  665         Section 12. Subsection (3) and paragraph (b) of subsection
  666  (5) of section 1003.491, Florida Statutes, are amended to read:
  667         1003.491 Florida Career and Professional Education Act.—The
  668  Florida Career and Professional Education Act is created to
  669  provide a statewide planning partnership between the business
  670  and education communities in order to attract, expand, and
  671  retain targeted, high-value industry and to sustain a strong,
  672  knowledge-based economy.
  673         (3) The strategic 3-year plan developed jointly by the
  674  local school district, local workforce development boards,
  675  economic development agencies, and state-approved postsecondary
  676  institutions shall be constructed and based on:
  677         (a) Research conducted to objectively determine local and
  678  regional workforce needs for the ensuing 3 years, using labor
  679  projections as identified by the Labor Market Estimating
  680  Conference created in s. 216.136 of the United States Department
  681  of Labor and the Department of Economic Opportunity;
  682         (b) Strategies to develop and implement career academies or
  683  career-themed courses based on occupations identified by the
  684  Labor Market Estimating Conference created in s. 216.136 those
  685  careers determined to be high-wage, high-skill, and high-demand;
  686         (c) Strategies to provide shared, maximum use of private
  687  sector facilities and personnel;
  688         (d) Strategies that ensure instruction by industry
  689  certified faculty and standards and strategies to maintain
  690  current industry credentials and for recruiting and retaining
  691  faculty to meet those standards;
  692         (e) Strategies to provide personalized student advisement,
  693  including a parent-participation component, and coordination
  694  with middle grades to promote and support career-themed courses
  695  and education planning;
  696         (f) Alignment of requirements for middle school career
  697  planning, middle and high school career and professional
  698  academies or career-themed courses leading to industry
  699  certification or postsecondary credit, and high school
  700  graduation requirements;
  701         (g) Provisions to ensure that career-themed courses and
  702  courses offered through career and professional academies are
  703  academically rigorous, meet or exceed appropriate state-adopted
  704  subject area standards, result in attainment of industry
  705  certification, and, when appropriate, result in postsecondary
  706  credit;
  707         (h) Plans to sustain and improve career-themed courses and
  708  career and professional academies;
  709         (i) Strategies to improve the passage rate for industry
  710  certification examinations if the rate falls below 50 percent;
  711         (j) Strategies to recruit students into career-themed
  712  courses and career and professional academies which include
  713  opportunities for students who have been unsuccessful in
  714  traditional classrooms but who are interested in enrolling in
  715  career-themed courses or a career and professional academy.
  716  School boards shall provide opportunities for students who may
  717  be deemed as potential dropouts or whose cumulative grade point
  718  average drops below a 2.0 to enroll in career-themed courses or
  719  participate in career and professional academies. Such students
  720  must be provided in-person academic advising that includes
  721  information on career education programs by a certified school
  722  counselor or the school principal or his or her designee during
  723  any semester the students are at risk of dropping out or have a
  724  cumulative grade point average below a 2.0;
  725         (k) Strategies to provide sufficient space within academies
  726  to meet workforce needs and to provide access to all interested
  727  and qualified students;
  728         (l) Strategies to implement career-themed courses or career
  729  and professional academy training that lead to industry
  730  certification in juvenile justice education programs;
  731         (m) Opportunities for high school students to earn weighted
  732  or dual enrollment credit for higher-level career and technical
  733  courses;
  734         (n) Promotion of the benefits of the Gold Seal Bright
  735  Futures Scholarship;
  736         (o) Strategies to ensure the review of district pupil
  737  progression plans and to amend such plans to include career
  738  themed courses and career and professional academy courses and
  739  to include courses that may qualify as substitute courses for
  740  core graduation requirements and those that may be counted as
  741  elective courses;
  742         (p) Strategies to provide professional development for
  743  secondary certified school counselors on the benefits of career
  744  and professional academies and career-themed courses that lead
  745  to industry certification; and
  746         (q) Strategies to redirect appropriated career funding in
  747  secondary and postsecondary institutions to support career
  748  academies and career-themed courses that lead to industry
  749  certification.
  750         (5)(b) Using the findings from the annual review required
  751  in paragraph (a), the commissioner shall phase out career and
  752  technical education offerings that are not aligned with the
  753  needs of the state employers or do not provide program
  754  completers with a middle-wage or high-wage occupation and
  755  encourage school districts and Florida College System
  756  institutions to offer programs that are not offered currently
  757  offered.
  758         Section 13. Subsections (2) and (3) of section 1003.4935,
  759  Florida Statutes, are amended to read:
  760         1003.4935 Middle grades career and professional academy
  761  courses and career-themed courses.—
  762         (2) Each middle grades career and professional academy or
  763  career-themed course must be aligned with at least one high
  764  school career and professional academy or career-themed course
  765  offered in the district and maintain partnerships with local
  766  business and industry and economic development boards. Middle
  767  grades career and professional academies and career-themed
  768  courses must:
  769         (a) Lead to careers in occupations aligned with designated
  770  as high-skill, high-wage, and high-demand in the CAPE Industry
  771  Certification Funding List approved under rules adopted by the
  772  State Board of Education;
  773         (b) Integrate content from core subject areas;
  774         (c) Integrate career and professional academy or career
  775  themed course content with intensive reading, English Language
  776  Arts, and mathematics pursuant to s. 1003.4282;
  777         (d) Coordinate with high schools to maximize opportunities
  778  for middle grades students to earn high school credit;
  779         (e) Provide access to virtual instruction courses provided
  780  by virtual education providers legislatively authorized to
  781  provide part-time instruction to middle grades students. The
  782  virtual instruction courses must be aligned to state curriculum
  783  standards for middle grades career and professional academy
  784  courses or career-themed courses, with priority given to
  785  students who have required course deficits;
  786         (f) Provide instruction from highly skilled professionals
  787  who hold industry certificates in the career area in which they
  788  teach;
  789         (g) Offer externships; and
  790         (h) Provide personalized student advisement that includes a
  791  parent-participation component.
  792         (3) Beginning with the 2012-2013 school year, if a school
  793  district implements a middle school career and professional
  794  academy or a career-themed course, the Department of Education
  795  shall collect and report student achievement data pursuant to
  796  performance factors identified under s. 1003.492(3) s.
  797  1003.492(5) for students enrolled in an academy or a career
  798  themed course.
  799         Section 14. Subsection (3) of section 1008.41, Florida
  800  Statutes, is amended to read:
  801         1008.41 Workforce education; management information
  802  system.—
  803         (3) Planning and evaluation of job-preparatory programs
  804  shall be based on standard sources of data and use standard
  805  occupational definitions and coding structures, including, but
  806  not limited to:
  807         (a) The Florida Occupational Information System.;
  808         (b) The Florida Education and Training Placement
  809  Information Program.;
  810         (c) The Department of Economic Opportunity.;
  811         (d) The United States Department of Labor.; and
  812         (e) The Labor Market Estimating Conference created under s.
  813  216.136.
  814         (f) Other sources of data developed using statistically
  815  valid procedures.
  816         Section 15. Paragraph (f) is added to subsection (1) of
  817  section 1008.44, Florida Statutes, to read:
  818         1008.44 CAPE Industry Certification Funding List and CAPE
  819  Postsecondary Industry Certification Funding List.—
  820         (1) Pursuant to ss. 1003.4203 and 1003.492, the Department
  821  of Education shall, at least annually, identify, under rules
  822  adopted by the State Board of Education, and the Commissioner of
  823  Education may at any time recommend adding the following
  824  certificates, certifications, and courses:
  825         (f) The Commissioner of Education shall conduct a review of
  826  the methodology used to determine additional full-time
  827  equivalent membership weights assigned in s. 1011.62(1)(o) and,
  828  if necessary, recommend revised weights. The results of the
  829  review and the commissioner’s recommendations must be submitted
  830  to the Governor, the President of the Senate, and the Speaker of
  831  the House of Representatives no later than December 31, 2021.
  832         Section 16. Subsection (3) of section 1011.801, Florida
  833  Statutes, is amended to read:
  834         1011.801 Workforce Development Capitalization Incentive
  835  Grant Program.—The Legislature recognizes that the need for
  836  school districts and Florida College System institutions to be
  837  able to respond to emerging local or statewide economic
  838  development needs is critical to the workforce development
  839  system. The Workforce Development Capitalization Incentive Grant
  840  Program is created to provide grants to school districts and
  841  Florida College System institutions on a competitive basis to
  842  fund some or all of the costs associated with the creation or
  843  expansion of workforce development programs that serve specific
  844  employment workforce needs.
  845         (3) The State Board of Education shall give highest
  846  priority to programs that train people to enter high-skill,
  847  high-wage occupations identified by the Labor Market Workforce
  848  Estimating Conference and other programs approved by the state
  849  board as defined in s. 445.002, programs that train people to
  850  enter occupations under the welfare transition program, or
  851  programs that train for the workforce adults who are eligible
  852  for public assistance, economically disadvantaged, disabled, not
  853  proficient in English, or dislocated workers. The State Board of
  854  Education shall consider the statewide geographic dispersion of
  855  grant funds in ranking the applications and shall give priority
  856  to applications from education agencies that are making maximum
  857  use of their workforce development funding by offering high
  858  performing, high-demand programs.
  859         Section 17. Subsection (3) of section 1011.802, Florida
  860  Statutes, is amended to read:
  861         1011.802 Florida Pathways to Career Opportunities Grant
  862  Program.—
  863         (3) The department shall give priority to apprenticeship
  864  programs with demonstrated regional demand identified by the
  865  Labor Market Estimating Conference, such as health care
  866  programs. Grant funds may be used for instructional equipment,
  867  supplies, personnel, student services, and other expenses
  868  associated with the creation or expansion of an apprenticeship
  869  program. The department may award grants to expand only those
  870  existing programs that exceed the median completion rate and
  871  employment rate 1 year after completion for similar programs in
  872  the region, or in the state if there are no similar programs in
  873  the region. Grant funds may not be used for recurring
  874  instructional costs or for indirect costs. Grant recipients must
  875  submit quarterly reports in a format prescribed by the
  876  department.
  877         Section 18. Paragraph (a) of subsection (1) of section
  878  445.011, Florida Statutes, is amended to read:
  879         445.011 Workforce information systems.—
  880         (1) The department, in consultation with the state board,
  881  shall implement, subject to legislative appropriation, automated
  882  information systems that are necessary for the efficient and
  883  effective operation and management of the workforce development
  884  system. These information systems shall include, but need not be
  885  limited to, the following:
  886         (a) An integrated management system for the one-stop
  887  service delivery system, which includes, at a minimum, common
  888  registration and intake, screening for needs and benefits, case
  889  planning and tracking, training benefits management, service and
  890  training provider management, performance reporting, executive
  891  information and reporting, and customer-satisfaction tracking
  892  and reporting.
  893         1. The system should report current budgeting, expenditure,
  894  and performance information for assessing performance related to
  895  outcomes, service delivery, and financial administration for
  896  workforce programs pursuant to s. 445.004(5) and (10) (9).
  897         2. The information system should include auditable systems
  898  and controls to ensure financial integrity and valid and
  899  reliable performance information.
  900         3. The system should support service integration and case
  901  management by providing for case tracking for participants in
  902  welfare transition programs.
  903         Section 19. Paragraph (a) of subsection (9) of section
  904  1011.80, Florida Statutes, is amended to read:
  905         1011.80 Funds for operation of workforce education
  906  programs.—
  907         (9) The State Board of Education and the state board as
  908  defined in s. 445.002 shall provide the Legislature with
  909  recommended formulas, criteria, timeframes, and mechanisms for
  910  distributing performance funds. The commissioner shall
  911  consolidate the recommendations and develop a consensus proposal
  912  for funding. The Legislature shall adopt a formula and
  913  distribute the performance funds to the State Board of Education
  914  for Florida College System institutions and school districts
  915  through the General Appropriations Act. These recommendations
  916  shall be based on formulas that would discourage low-performing
  917  or low-demand programs and encourage through performance-funding
  918  awards:
  919         (a) Programs that prepare people to enter high-wage
  920  occupations identified by the Labor Market Workforce Estimating
  921  Conference created by s. 216.136 and other programs as approved
  922  by the state board as defined in s. 445.002. At a minimum,
  923  performance incentives shall be calculated for adults who reach
  924  completion points or complete programs that lead to specified
  925  high-wage employment and to their placement in that employment.
  926         Section 20. This act shall take effect July 1, 2021.