Florida Senate - 2021 CS for SB 98
By the Committee on Appropriations; and Senator Albritton
576-04213-21 202198c1
1 A bill to be entitled
2 An act relating to workforce-related programs and
3 services; creating s. 14.36, F.S.; creating the Office
4 of Reimagining Education and Career Help Act for
5 certain purposes; creating the Office of Reimagining
6 Education and Career Help within the Executive Office
7 of the Governor for a specified purpose; defining
8 terms; providing the duties of the office; requiring
9 the office to create a specified strategy; providing
10 requirements for such strategy; requiring the office
11 to establish a workforce opportunity portal; providing
12 requirements related to the portal; requiring a report
13 to the Legislature; amending s. 216.136, F.S.;
14 renaming the Workforce Estimating Conference as the
15 Labor Market Estimating Conference; removing
16 requirements of the Workforce Estimating Conference;
17 providing requirements for the Labor Market Estimating
18 Conference; amending s. 288.047, F.S.; requiring
19 participants of the Quick-Response Training Program to
20 earn at or above minimum wage; amending s. 445.002,
21 F.S.; revising the definition of the term “for cause”;
22 amending s. 445.003, F.S.; revising requirements for
23 Workforce Innovation and Opportunity Act Title I
24 funds; defining the term “businesses”; requiring,
25 rather than authorizing, the executive director of the
26 state workforce development board to work with the
27 Department of Economic Opportunity for certain
28 purposes; providing duties of the Department of
29 Economic Opportunity for the implementation of the
30 federal Workforce Innovation and Opportunity Act;
31 amending s. 445.004, F.S.; revising the composition of
32 the state board; requiring the state board to appoint
33 a Credentials Review Committee for a specified
34 purpose; providing the composition of the committee;
35 requiring certain information to be accessible to the
36 public; providing duties and requirements of the
37 committee; specifying entities that can authorize
38 certain expenditures; providing and revising
39 requirements for the state board in order to achieve
40 certain purposes; requiring the state board, in
41 consultation with the Department of Economic
42 Opportunity, to submit a report to the Governor and
43 Legislature; providing and revising reporting
44 requirements; requiring the state board to assign and
45 make public a letter grade for each local workforce
46 development board based on certain criteria; removing
47 certain auditing authority of the Auditor General;
48 requiring local performance accountability measures to
49 be based on identified local area needs; amending s.
50 445.006, F.S.; providing requirements for the state
51 plan for workforce development; requiring the
52 Department of Economic Opportunity to prepare a
53 federal waiver for specified purposes; amending s.
54 445.007, F.S.; requiring certain information be
55 accessible on the website of a local workforce
56 development board or the Department of Economic
57 Opportunity; providing term limits for members of
58 local boards; providing an exception; requiring
59 actions of the local board to be consistent with
60 federal and state law; providing requirements for
61 certain contracts between a local board and certain
62 entities; providing an exception; requiring the
63 Department of Economic Opportunity to review certain
64 documentation when considering whether to approve a
65 contract; removing authority for a local board to
66 review a decision by the Department of Economic
67 Opportunity to deny a contract; requiring a local
68 board to disclose certain compensation information to
69 the Department of Economic Opportunity; requiring a
70 local board to annually publish specified information
71 on its website or the Department of Economic
72 Opportunity’s website; amending s. 445.009, F.S.;
73 requiring a certain final payment amount to Individual
74 Training Accounts; conforming provisions to changes
75 made by the act; amending s. 445.011, F.S.;
76 establishing an automated consumer-first workforce
77 system; requiring the Department of Education and the
78 Department of Children and Families, in consultation
79 with the Department of Economic Opportunity, to
80 implement such system; requiring that such system
81 improve coordination among specified partners;
82 revising requirements for such system; requiring that
83 certain contracts be performance based; requiring the
84 Department of Economic Opportunity to develop training
85 for specified partners; amending s. 445.033, F.S.;
86 requiring the Department of Economic Opportunity and
87 the Department of Children and Families, rather than
88 the state board, to measure the performance of certain
89 workforce-related programs and services; requiring the
90 state board to consult with local boards; requiring
91 local boards to provide quarterly reports to the state
92 board with certain information; requiring, rather than
93 authorizing, the state board and the Department of
94 Economic Opportunity to share certain information;
95 amending s. 445.038, F.S.; conforming provisions to
96 changes made by the act; amending s. 446.021, F.S.;
97 revising the definition of the term “uniform minimum
98 standards”; amending s. 446.032, F.S.; requiring
99 certain standards and policies established by the
100 Department of Education to include a specified
101 requirement for training providers; requiring, rather
102 than authorizing, the Department of Education to adopt
103 rules; revising provisions relating to a certain
104 summary of expenditures for apprenticeship and
105 preapprenticeship programs; providing requirements for
106 a certain annual report; requiring the Department of
107 Education to provide data from certain resources to
108 specified persons and entities; amending s. 446.041,
109 F.S.; revising a catchline relating to the Department
110 of Education’s duties regarding apprenticeship and
111 preapprenticeship programs; creating s. 446.0915,
112 F.S.; defining the term “work-based learning
113 opportunity”; specifying the required criteria for
114 such opportunity; providing that such opportunity
115 should prioritize paid experiences; requiring the
116 State Board of Education to adopt rules; amending s.
117 570.07, F.S.; requiring the Department of Agriculture
118 and Consumer Services to submit certain information to
119 the Credentials Review Committee for placement on the
120 Master Credentials List, rather than the CAPE Industry
121 Certification Funding List or CAPE Postsecondary
122 Industry Certification Funding List; amending s.
123 1001.706, F.S.; revising and providing requirements
124 for the Board of Governors’ strategic plan; removing
125 criteria for the designation of high-demand programs
126 of emphasis; amending s. 1003.4156, F.S.; requiring a
127 career and education planning course to include
128 certain resources; amending s. 1003.42, F.S.;
129 requiring a specified character development curriculum
130 to include certain instruction and resources; amending
131 s. 1003.4203, F.S.; specifying where the Department of
132 Education has to identify CAPE Digital Tool
133 certificates; removing the deadline for such
134 identification; removing specified skills that have to
135 be mastered; authorizing courses identified in the
136 CAPE Industry Certification Funding List to articulate
137 for college credit; removing the course limit;
138 amending s. 1003.491, F.S.; requiring certain
139 strategic plans to use labor projections identified by
140 the Labor Market Estimating Conference; providing and
141 revising the information that the Commissioner of
142 Education must review for the annual review of K-12
143 and postsecondary career and technical education
144 offerings; requiring the Department of Education to
145 adopt rules; amending s. 1003.492, F.S.; providing
146 that industry certification is achieved when a student
147 receives a credential that is identified on the Master
148 Credentials List; conforming provisions to changes
149 made by the act; amending s. 1003.4935, F.S.;
150 conforming provisions to changes made by the act;
151 amending s. 1004.013, F.S.; creating the Strategic
152 Efforts to Achieve Self-Sufficiency consisting of the
153 workforce opportunity portal, the Open Door Grant
154 Program, and the Money-Back Guarantee Program;
155 amending s. 1004.015, F.S.; providing responsibilities
156 of the Florida Talent Development Council relating to
157 the health care workforce in this state; providing
158 responsibilities of the Board of Governors and the
159 State Board of Education; requiring a specified gap
160 analysis; requiring specified entities to provide
161 certain data; requiring a survey to collect certain
162 data; amending s. 1004.02, F.S.; revising the
163 definitions of the terms “continuing workforce
164 education” and “workforce education”; creating s.
165 1006.75, F.S.; requiring specified educational centers
166 and institutions to ensure that certain services and
167 resources prepare students for employment; requiring
168 student career service centers to use specified
169 resources to assist students with certain activities;
170 amending s. 1007.25, F.S.; requiring specified
171 students to complete certain courses before a certain
172 degree is awarded; requiring the chairs of the State
173 Board of Education and the Board of Governors, or
174 their designees, to jointly appoint faculty committees
175 to identify competencies that will result in a digital
176 credential; requiring specified institutions to grant
177 and accept such credential; requiring the Department
178 of Education to identify certain courses in which such
179 credential may be earned; authorizing certain courses
180 to use specified resources and provide students with
181 the opportunity to create a digital resume; amending
182 s. 1008.39, F.S.; conforming provisions to changes
183 made by the act; amending s. 1008.40, F.S.; providing
184 requirements for design specifications for the
185 Workforce Development Information System; requiring
186 the Department of Education to work with certain
187 entities to develop certain metrics; providing
188 requirements for a workforce development metrics
189 dashboard; amending s. 1008.41, F.S; conforming
190 provisions to changes made by the act; amending s.
191 1008.44, F.S.; removing the CAPE Postsecondary
192 Industry Certification Funding List; requiring the
193 State Board of Education to annually adopt, based on
194 recommendations by the Commissioner of Education, the
195 CAPE Industry Certification Funding List; providing
196 that certain full-time equivalent membership funding
197 may only be earned in certain areas; providing
198 certificates, certifications, and courses that may be
199 included on the list; requiring the Commissioner of
200 Education to conduct a certain review and make
201 recommendations; requiring that the recommendations be
202 provided to the Governor and Legislature by specified
203 date; requiring the CAPE Industry Certification
204 Funding List to be used to determine certain funding
205 distributions; conforming provisions to changes made
206 by the act; creating s. 1009.895, F.S.; defining
207 terms; creating the Open Door Grant Program; providing
208 the purpose of the program; requiring the Department
209 of Education to provide certain grants; providing for
210 the prioritization of grant funding; requiring a
211 student to complete a specified application to be
212 eligible for the grant; providing for the distribution
213 of the grant to a student based on whether the student
214 receives other types of financial aid; providing for
215 reimbursement to an institution; providing
216 requirements for the Department of Education in
217 administering the grant program; requiring the
218 Department of Education to report certain information
219 to the State Board of Education annually; requiring
220 the Department of Education to adopt rules; amending
221 s. 1011.80, F.S.; requiring approval by the State
222 Board of Education to conduct workforce education
223 programs; requiring the State Board of Education to
224 establish criteria for the review and approval of new
225 workforce education programs; prohibiting certain
226 funding to a school district or Florida College System
227 institution until new workforce education programs are
228 reviewed and approved; providing requirements for the
229 criteria; exempting preapprenticeship and
230 apprenticeship programs from continuing workforce
231 education requirements relating to state funding and
232 fees; requiring the Credentials Review Committee to
233 develop a returned-value funding formula beginning in
234 a certain fiscal year; conforming provisions to
235 changes made by the act; requiring the State Board of
236 Education to phase out certain program offerings;
237 amending s. 1011.801, F.S.; conforming a provision to
238 changes made by the act; amending s. 1011.802, F.S.;
239 requiring the Department of Education to award grants
240 for preapprenticeship programs, in addition to
241 apprenticeship programs, that meet certain criteria;
242 authorizing grant funds to be used for instructional
243 personnel; requiring the Department of Education to
244 report certain information annually on its website;
245 authorizing the Department of Education to use certain
246 funds to administer the grant program; requiring,
247 rather than authorizing, the State Board of Education
248 to adopt rules; creating s. 1011.803, F.S.; creating
249 the Money-Back Guarantee Program to help individuals
250 achieve self-sufficiency; beginning in a specified
251 academic year, requiring each school district and
252 Florida College System institution to offer a money
253 back guarantee on certain programs and to establish
254 student eligibility criteria; requiring each school
255 district and Florida College System institution to
256 notify the State Board of Education of its program by
257 a specified date; requiring information about the
258 program to be posted on certain websites; requiring
259 the Department of Education to annually report
260 specified information to the Governor and Legislature
261 by a specified date; amending s. 1011.81, F.S.;
262 requiring the Credentials Review Committee to develop
263 a returned-value funding formula beginning with a
264 specified fiscal year; conforming provisions to
265 changes made by the act; amending ss. 443.151,
266 445.010, and 445.045, F.S.; conforming provisions to
267 changes made by the act; amending ss. 943.22 and
268 1001.64, F.S.; conforming cross-references; providing
269 an effective date.
270
271 Be It Enacted by the Legislature of the State of Florida:
272
273 Section 1. Section 14.36, Florida Statutes, is created to
274 read:
275 14.36 Reimagining Education and Career Help Act.—The
276 Reimagining Education and Career Help Act is created to address
277 the evolving needs of Florida’s economy by increasing the level
278 of collaboration and cooperation among state businesses and
279 education communities while improving training within and equity
280 and access to a more integrated workforce and education system
281 for all Floridians.
282 (1) The Office of Reimagining Education and Career Help is
283 created in the Executive Office of the Governor to facilitate
284 alignment and coordination of entities responsible for the
285 state’s workforce development system. The head of the office is
286 the Director of the Office of Reimagining Education and Career
287 Help. The Director of the Office of Reimagining Education and
288 Career Help shall be appointed by and shall serve at the
289 pleasure of the Governor.
290 (2) As used in this section, the term:
291 (a) “Credential” means an apprenticeship certificate,
292 industry certification, license, advanced technical certificate,
293 college credit certificate, career certificate, applied
294 technology diploma, associate in applied science degree,
295 associate in science degree, bachelor of applied science degree,
296 and bachelor of science degree.
297 (b) “Office” means the Office of Reimagining Education and
298 Career Help.
299 (c) “Workforce development system” means the entities and
300 activities that contribute to the state’s talent pipeline system
301 through education, training, and support services that prepare
302 individuals for employment or career advancement and the
303 entities that are responsible for oversight or conducting those
304 activities, such as CareerSource Florida, Inc., local workforce
305 development boards, one-stop career centers, the Department of
306 Economic Opportunity, the Department of Education, and the
307 Department of Children and Families.
308 (d) “Workforce education region” means areas of the state
309 identified by the Department of Education, in collaboration with
310 the Department of Economic Opportunity, to maximize resource
311 allocation by combining two or more sources of funding to
312 integrate education and training in order to improve access to
313 credentials of value for participants in adult education
314 programs.
315 (e) “Workforce-related program” means a program operated,
316 delivered, or enabled, in whole or in part, by a state or local
317 entity using federal funds or state appropriations to offer
318 incentives, funding, support, or guidance for any of the
319 following purposes:
320 1. Job training.
321 2. The attainment of a credential of value identified
322 pursuant to s. 445.004(4)(h)4.c.
323 3. The attainment of a postsecondary degree or credential.
324 4. The provision of other types of employment assistance.
325 5. Any other program that has, at least in part, the goal
326 of securing employment or better employment for an individual
327 and receives federal funds or a state appropriation.
328 (3) The duties of the office are to:
329 (a) Serve as the advisor to the Governor on matters related
330 to the state’s workforce development system.
331 (b) Establish criteria and goals for workforce development
332 and diversification in the state’s workforce development system.
333 (c) Provide strategies to align and improve efficiency in
334 the state’s workforce development system and the delivery of
335 workforce-related programs.
336 (d) Coordinate state and federal workforce-related
337 programs, plans, resources, and activities provided by
338 CareerSource Florida, Inc., the Department of Economic
339 Opportunity, and the Department of Education.
340 (e) Oversee the Workforce Development Information System
341 described in s. 1008.40 to verify the validity of data collected
342 and monitor compliance of workforce-related programs and
343 education and training programs with applicable federal and
344 state requirements as authorized by federal and state law.
345 (f) Serve on the Credentials Review Committee established
346 in s. 445.004 to identify nondegree and degree credentials of
347 value and facilitate the collection of data necessary to conduct
348 committee work.
349 (g) Coordinate and facilitate a memorandum of understanding
350 for data sharing agreements of the state’s workforce performance
351 data among state agencies and align, to the greatest extent
352 possible, performance measures adopted under ss. 445.004 and
353 1008.43.
354 (h) Develop the criteria for assigning a letter grade for
355 each local workforce development board under s. 445.004. The
356 criteria shall, in part, be based on local workforce development
357 board performance accountability measures and return on
358 investment. The majority of the grade shall be based on the
359 improvement by each local workforce development board in the
360 long-term self-sufficiency of participants through outcome
361 measures such as reduction in long-term public assistance and
362 the percentage of participants whose wages were higher after
363 program completion compared to wages before participation in a
364 program.
365 (i) Streamline the clinical placement process and increase
366 clinical placement opportunities for students, hospitals, and
367 other clinical sites by administering, directly or through a
368 contract, a web-based centralized clinical placement system for
369 use by all nursing education programs subject to the
370 requirements in s. 464.019.
371 (j) Direct the objectives of the Florida Talent Development
372 Council established in s. 1004.015.
373 (4) The office shall create a no-wrong-door-entry strategy
374 to improve equity and access to the myriad of state and
375 federally funded workforce-related programs through CareerSource
376 Florida, Inc., local workforce development boards, one-stop
377 career centers, school districts, charter technical centers,
378 Florida College System institutions, the State University
379 System, and through eligible training providers. Individuals may
380 not be required to visit multiple locations when seeking access
381 to education and workforce training. To create the strategy, the
382 office shall:
383 (a) Develop a training course to cross-train all staff
384 within the state’s workforce development system on workforce
385 related programs, including how to use an integrated case
386 management system, develop an individual employment plan,
387 conduct a comprehensive needs assessment, precertify individuals
388 for workforce-related programs, and on any other activities to
389 reinforce the no-wrong-door-entry strategy.
390 (b) Coordinate and facilitate a common intake form and case
391 management system for use by workforce-related programs to
392 minimize duplicate data entry.
393 (c) Coordinate and facilitate a memorandum of understanding
394 between the Department of Economic Opportunity and the
395 Department of Children and Families to permit Supplemental
396 Nutrition Assistance Program (SNAP) and Temporary Assistance for
397 Needy Families (TANF) clients to precertify for Workforce
398 Innovation and Opportunity Act training services without having
399 to physically visit a one-stop center.
400 (d) Oversee the performance evaluation of workforce-related
401 programs and services under s. 445.033.
402 (e) Identify other state and federal programs that serve
403 individuals with significant barriers to employment as
404 demonstrated by low placement, employment, and earnings rates
405 and identify strategies to increase the utilization of such
406 programs by local workforce development boards.
407 (5) The office shall provide the public with access to
408 available federal, state, and local services and provide
409 stakeholders with a systemwide, global view of workforce-related
410 program data across various programs through actionable
411 qualitative and quantitative information. The office shall:
412 (a) Minimize duplication and maximize the use of existing
413 resources by facilitating the adaptation and integration of
414 state information systems to improve usability and seamlessly
415 link to the workforce opportunity portal and other compatible
416 state information systems and applications to help residents of
417 the state:
418 1. Explore and identify career opportunities.
419 2. Identify in-demand jobs and associated earning
420 potential.
421 3. Identify the skills and credentials needed for specific
422 jobs.
423 4. Access a broad array of federal, state, and local
424 workforce-related programs.
425 5. Determine the quality of workforce-related programs
426 offered by public postsecondary educational institutions and
427 public and private training providers, based on employment,
428 wages, continued education, student loan debt, and receipt of
429 public assistance by graduates of workforce, certificate, or
430 degree programs. To gather this information, the office shall
431 review each workforce-related program 1 year after the program’s
432 first graduating class and every 5 years after the first review.
433 6. Identify opportunities and resources to support
434 individuals along their career pathway.
435 7. Provide information to help individuals understand their
436 potential earnings through paid employment and cope with the
437 loss of public assistance as they progress through career
438 pathways toward self-sufficiency.
439 8. Map the timing and magnitude of the loss of public
440 assistance for in-demand occupations across the state to help
441 individuals visualize how their incomes will increase over time
442 as they move toward self-sufficiency.
443 (b) Provide access to labor market data consistent with the
444 official information developed by the Labor Market Estimating
445 Conference and provide guidance on how to analyze the data, the
446 appropriate use of the data, and any limitations of the data,
447 including instances in which such data may not be used.
448 (c) Maximize the use of the workforce opportunity portal at
449 locations within the workforce development system.
450 (d) Maximize the use of available federal and private funds
451 for the development and initial operation of the workforce
452 opportunity portal. Any incidental costs to state agencies must
453 be derived from existing resources.
454 (e) By December 1, 2022, and annually thereafter, report to
455 the Legislature on the implementation and outcomes of the
456 workforce opportunity portal, including the increase of economic
457 self-sufficiency of individuals.
458 Section 2. Subsection (7) of section 216.136, Florida
459 Statutes, is amended to read:
460 216.136 Consensus estimating conferences; duties and
461 principals.—
462 (7) LABOR MARKET WORKFORCE ESTIMATING CONFERENCE.—
463 (a) The Labor Market Workforce Estimating Conference shall
464 develop such official information with respect to real-time
465 supply and demand in Florida’s statewide, regional, and local
466 labor markets on the workforce development system planning
467 process as it relates to the personnel needs of current, new,
468 and emerging industries as the conference determines is needed
469 by the state planning and budgeting system. Such information
470 shall include labor supply by education level, analyses of labor
471 demand by occupational groups and occupations compared to labor
472 supply, a ranking of critical areas of concern, and
473 identification of in-demand, high-skill, middle-level to high
474 level wage occupations prioritized by level of statewide or
475 regional shortages. The Office of Economic and Demographic
476 Research is designated as the official lead for the United
477 States Census Bureau’s State Data Center Program or its
478 successor. All state agencies must provide the Office of
479 Economic and Demographic Research with the necessary data to
480 accomplish the goals of the conference. In accordance with s.
481 216.135, state agencies must ensure that any related work
482 product regarding labor demand and supply is consistent with the
483 official information developed by the Labor Market Estimating
484 Conference created in this section, using quantitative and
485 qualitative research methods, must include at least: short-term
486 and long-term forecasts of employment demand for jobs by
487 occupation and industry; entry and average wage forecasts among
488 those occupations; and estimates of the supply of trained and
489 qualified individuals available or potentially available for
490 employment in those occupations, with special focus upon those
491 occupations and industries which require high skills and have
492 high entry wages and experienced wage levels. In the development
493 of workforce estimates, the conference shall use, to the fullest
494 extent possible, local occupational and workforce forecasts and
495 estimates.
496 (b) The Workforce Estimating Conference shall review data
497 concerning local and regional demands for short-term and long
498 term employment in High-Skills/High-Wage Program jobs, as well
499 as other jobs, which data is generated through surveys conducted
500 as part of the state’s Internet-based job matching and labor
501 market information system authorized under s. 445.011. The
502 conference shall consider this data in developing its forecasts
503 for statewide employment demand, including reviewing local and
504 regional data for common trends and conditions among localities
505 or regions which may warrant inclusion of a particular
506 occupation on the statewide occupational forecasting list
507 developed by the conference. Based upon its review of such
508 survey data, the conference shall also make recommendations
509 semiannually to CareerSource Florida, Inc., on additions or
510 deletions to lists of locally targeted occupations approved by
511 CareerSource Florida, Inc.
512 (b)(c) The Labor Market Workforce Estimating Conference,
513 for the purposes described in paragraph (a), shall meet at least
514 twice a year and as necessary to address emerging opportunities
515 for the state’s economy no less than 2 times in a calendar year.
516 The first meeting shall be held in February, and the second
517 meeting shall be held in August. Other meetings may be scheduled
518 as needed.
519 Section 3. Paragraph (b) of subsection (8) of section
520 288.047, Florida Statutes, is amended to read:
521 288.047 Quick-response training for economic development.—
522 (8) The Quick-Response Training Program is created to
523 provide assistance to participants in the welfare transition
524 program. CareerSource Florida, Inc., may award quick-response
525 training grants and develop applicable guidelines for the
526 training of participants in the welfare transition program. In
527 addition to a local economic development organization, grants
528 must be endorsed by the applicable local workforce development
529 board.
530 (b) Participants trained under pursuant to this subsection
531 must be employed at a job paying a wage equivalent to or above
532 the state’s minimum hourly wage at least $6 per hour.
533 Section 4. Subsection (2) of section 445.002, Florida
534 Statutes, is amended to read:
535 445.002 Definitions.—As used in this chapter, the term:
536 (2) “For cause” includes, but is not limited to, engaging
537 in fraud or other criminal acts, incapacity, unfitness, neglect
538 of duty, official incompetence and irresponsibility,
539 misfeasance, malfeasance, nonfeasance, gross mismanagement,
540 waste, or lack of performance.
541 Section 5. Paragraph (a) of subsection (3) and subsection
542 (6) of section 445.003, Florida Statutes, are amended, and
543 subsection (7) is added to that section, to read:
544 445.003 Implementation of the federal Workforce Innovation
545 and Opportunity Act.—
546 (3) FUNDING.—
547 (a) Title I, Workforce Innovation and Opportunity Act
548 funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be
549 expended based on the 4-year plan of the state board. The plan
550 must outline and direct the method used to administer and
551 coordinate various funds and programs that are operated by
552 various agencies. The following provisions apply to these funds:
553 1. At least 50 percent of the Title I funds for Adults and
554 Dislocated Workers which are passed through to local workforce
555 development boards shall be allocated to and expended on
556 Individual Training Accounts unless a local workforce
557 development board obtains a waiver from the state board.
558 Tuition, books, and fees of training providers and other
559 training services prescribed and authorized by the Workforce
560 Innovation and Opportunity Act qualify as Individual Training
561 Account expenditures.
562 2. Fifteen percent of Title I funding shall be retained at
563 the state level and dedicated to state administration and shall
564 be used to design, develop, induce, and fund, and evaluate the
565 long-term impact of innovative Individual Training Account
566 pilots, demonstrations, and programs to enable participants to
567 attain self-sufficiency and to evaluate the effectiveness of
568 performance-based contracts used by local workforce development
569 boards under s. 445.024(5) on increasing wages and employment
570 over the long term. Of such funds retained at the state level,
571 $2 million may be reserved for the Incumbent Worker Training
572 Program created under subparagraph 3. Eligible state
573 administration costs include the costs of funding for the state
574 board and state board staff; operating fiscal, compliance, and
575 management accountability systems through the department;
576 conducting evaluation and research on workforce development
577 activities; and providing technical and capacity building
578 assistance to local workforce development areas at the direction
579 of the state board. Notwithstanding s. 445.004, such
580 administrative costs may not exceed 25 percent of these funds.
581 An amount not to exceed 75 percent of these funds shall be
582 allocated to Individual Training Accounts and other workforce
583 development strategies for other training designed and tailored
584 by the state board in consultation with the department,
585 including, but not limited to, programs for incumbent workers,
586 nontraditional employment, and enterprise zones. The state
587 board, in consultation with the department, shall design, adopt,
588 and fund Individual Training Accounts for distressed urban and
589 rural communities.
590 3. The Incumbent Worker Training Program is created for the
591 purpose of providing grant funding for continuing education and
592 training of incumbent employees at existing Florida businesses.
593 The program will provide reimbursement grants to businesses that
594 pay for preapproved, direct, training-related costs. For
595 purposes of this subparagraph, the term “businesses” includes
596 hospitals operated by nonprofit or local government entities
597 which provide nursing opportunities to acquire new or improved
598 skills.
599 a. The Incumbent Worker Training Program will be
600 administered by CareerSource Florida, Inc., which may, at its
601 discretion, contract with a private business organization to
602 serve as grant administrator.
603 b. The program shall be administered under pursuant to s.
604 134(d)(4) of the Workforce Innovation and Opportunity Act.
605 Priority for Funding priority shall be given in the following
606 order: to
607 (I) Businesses that provide employees with opportunities to
608 acquire new or improved skills by earning a credential on the
609 Master Credentials List.
610 (II) Hospitals operated by nonprofit or local government
611 entities that provide nursing opportunities to acquire new or
612 improved skills.
613 (III) Businesses whose grant proposals represent a
614 significant upgrade in employee skills.
615 (IV) Businesses with 25 employees or fewer, businesses in
616 rural areas, and businesses in distressed inner-city areas.,
617 (V) Businesses in a qualified targeted industry, businesses
618 whose grant proposals represent a significant upgrade in
619 employee skills, or businesses whose grant proposals represent a
620 significant layoff avoidance strategy.
621 c. All costs reimbursed by the program must be preapproved
622 by CareerSource Florida, Inc., or the grant administrator. The
623 program may not reimburse businesses for trainee wages, the
624 purchase of capital equipment, or the purchase of any item or
625 service that may possibly be used outside the training project.
626 A business approved for a grant may be reimbursed for
627 preapproved, direct, training-related costs including tuition,
628 fees, books and training materials, and overhead or indirect
629 costs not to exceed 5 percent of the grant amount.
630 d. A business that is selected to receive grant funding
631 must provide a matching contribution to the training project,
632 including, but not limited to, wages paid to trainees or the
633 purchase of capital equipment used in the training project; must
634 sign an agreement with CareerSource Florida, Inc., or the grant
635 administrator to complete the training project as proposed in
636 the application; must keep accurate records of the project’s
637 implementation process; and must submit monthly or quarterly
638 reimbursement requests with required documentation.
639 e. All Incumbent Worker Training Program grant projects
640 shall be performance-based with specific measurable performance
641 outcomes, including completion of the training project and job
642 retention. CareerSource Florida, Inc., or the grant
643 administrator shall withhold the final payment to the grantee
644 until a final grant report is submitted and all performance
645 criteria specified in the grant contract have been achieved.
646 f. The state board may establish guidelines necessary to
647 implement the Incumbent Worker Training Program.
648 g. No more than 10 percent of the Incumbent Worker Training
649 Program’s total appropriation may be used for overhead or
650 indirect purposes.
651 4. At least 50 percent of Rapid Response funding shall be
652 dedicated to Intensive Services Accounts and Individual Training
653 Accounts for dislocated workers and incumbent workers who are at
654 risk of dislocation. The department shall also maintain an
655 Emergency Preparedness Fund from Rapid Response funds, which
656 will immediately issue Intensive Service Accounts, Individual
657 Training Accounts, and other federally authorized assistance to
658 eligible victims of natural or other disasters. At the direction
659 of the Governor, these Rapid Response funds shall be released to
660 local workforce development boards for immediate use after
661 events that qualify under federal law. Funding shall also be
662 dedicated to maintain a unit at the state level to respond to
663 Rapid Response emergencies and to work with state emergency
664 management officials and local workforce development boards. All
665 Rapid Response funds must be expended based on a plan developed
666 by the state board in consultation with the department and
667 approved by the Governor.
668 (6) AUTHORITY TO HIRE EXECUTIVE DIRECTOR AND STAFF.—The
669 state board may hire an executive director and staff to assist
670 in carrying out the functions of the Workforce Innovation and
671 Opportunity Act and in using funds made available through the
672 act. The state board shall require authorize the executive
673 director and staff to work with the department to minimize
674 duplication and maximize efficient use of resources in carrying
675 out the functions of the Workforce Innovation and Opportunity
676 Act.
677 (7) DUTIES OF THE DEPARTMENT.—The department shall adopt
678 rules to implement the requirements of this chapter, including:
679 (a) The submission, review, and approval of local workforce
680 plans.
681 (b) Initial and subsequent eligibility criteria, based on
682 input from the state board, local workforce development boards,
683 the Department of Education, and other stakeholders, for the
684 Workforce Innovation and Opportunity Act eligible training
685 provider list. This list directs training resources to programs
686 leading to employment in high-demand and high-priority
687 occupations that provide economic security, particularly those
688 occupations facing a shortage of skilled workers. A training
689 provider who offers training to obtain a credential on the
690 Master Credentials List under s. 445.004(4)(h) may not be
691 included on a state or local eligible training provider list if
692 the provider fails to submit the required information or fails
693 to meet initial or subsequent eligibility criteria. Subsequent
694 eligibility criteria must use the performance and outcome
695 measures defined and reported under s. 1008.40, to determine
696 whether each program offered by a training provider is qualified
697 to remain on the list.
698 1. For the 2021-2022 program year, the Department of
699 Economic Opportunity and the Department of Education shall
700 establish the minimum criteria a training provider must achieve
701 for completion, earnings, and employment rates of eligible
702 participants. The minimum program criteria may not exceed the
703 threshold at which more than 20 percent of all eligible training
704 providers in the state would fall below.
705 2. Beginning with the 2022-2023 program year, each program
706 offered by a training provider must, at a minimum, meet all of
707 the following:
708 a. Income earnings for all individuals who complete the
709 program that are equivalent to or above the state’s minimum wage
710 in a calendar quarter.
711 b. An employment rate of at least 75 percent for all
712 individuals. For programs linked to an occupation, the
713 employment rate is calculated based on obtaining employment in
714 the field in which the participant was trained.
715 c. A completion rate of at least 75 percent for all
716 individuals, beginning with the 2023-2024 program year.
717 (c) Monitoring compliance of programs authorized by this
718 chapter and determining whether such programs are meeting
719 performance expectations, including an analysis of the return on
720 investment of workforce-related programs on individual
721 employment, earnings, and public benefit usage outcomes and a
722 cost-benefit analysis of the monetary impacts of workforce
723 services from the participant and taxpayer points of view.
724 Section 6. Paragraph (d) of subsection (3), paragraphs (b)
725 and (e) of subsection (5), subsections (6), (7), and (8),
726 paragraph (b) of subsection (9), and subsection (11) of section
727 445.004, Florida Statutes, are amended, and paragraph (h) is
728 added to subsection (4) of that section, to read:
729 445.004 CareerSource Florida, Inc., and the state board;
730 creation; purpose; membership; duties and powers.—
731 (3)
732 (d) The state board must include the vice chairperson of
733 the board of directors of Enterprise Florida, Inc., and one
734 member representing each of the Workforce Innovation and
735 Opportunity Act partners, including the Division of Career and
736 Adult Education, the Division of Vocational Rehabilitation, the
737 Division of Blind Services, the Department of Children and
738 Families, and other entities representing programs identified in
739 the Workforce Innovation and Opportunity Act, as determined
740 necessary.
741 (4)
742 (h)1. The state board shall appoint a Credentials Review
743 Committee to identify nondegree credentials and degree
744 credentials of value for approval by the state board and
745 inclusion in the Master Credentials List. Such credentials must
746 include registered apprenticeship programs, industry
747 certifications, licenses, advanced technical certificates,
748 college credit certificates, career certificates, applied
749 technology diplomas, associate degrees, baccalaureate degrees,
750 and graduate degrees. The Credentials Review Committee must
751 include:
752 a. The Chancellor of the Division of Public Schools.
753 b. The Chancellor of the Division of Career and Adult
754 Education.
755 c. The Chancellor of the Florida College System.
756 d. The Chancellor of the State University System.
757 e. The Director of the Office of Reimagining Education and
758 Career Help.
759 f. Four members from local workforce development boards,
760 with equal representation from urban and rural regions.
761 g. Two members from nonpublic postsecondary institutions.
762 h. Two members from industry associations.
763 i. Two members from Florida-based businesses.
764 j. Two members from the Department of Economic Opportunity.
765 k. One member from the Department of Agriculture and
766 Consumer Services.
767 2. All information pertaining to the Credentials Review
768 Committee, the process for the approval of credentials of value,
769 and the Master Credentials List must be made available and be
770 easily accessible to the public on all relevant state agency
771 websites.
772 3. The Credentials Review Committee shall establish a
773 definition for credentials of value and create a framework of
774 quality. The framework must align with federally funded
775 workforce accountability requirements and undergo biennial
776 review.
777 4. The criteria to determine value for nondegree
778 credentials should, at a minimum, require:
779 a. Evidence that the credential meets labor market demand
780 as identified by the Labor Market Estimating Conference created
781 in s. 216.136 or meets local demand as identified in the
782 criteria adopted by the Credentials Review Committee. Evidence
783 must include employer information on present credential use or
784 emerging opportunities.
785 b. Evidence that the competencies mastered upon completion
786 of the credential are aligned with labor market demand.
787 c. Evidence of the employment and earnings outcomes for
788 individuals after obtaining the credential. Earnings outcomes
789 must provide middle-level to high-level wages with preference
790 given to credentials generating high-level wages. Credentials
791 that do not meet the earnings outcomes criteria must be part of
792 a sequence of credentials that are required for the next level
793 occupation that does meet the earnings outcomes criteria in
794 order to be identified as a credential of value. For new
795 credentials, this criteria may be met with conditional
796 eligibility until measurable labor market outcomes are obtained.
797 5. The Credentials Review Committee shall establish the
798 criteria to determine value for degree programs. This criteria
799 shall include evidence that the program meets the labor market
800 demand as identified by the Labor Market Estimating Conference
801 created in s. 216.136 or meets local demand as determined by the
802 committee. Such criteria must be used to designate programs of
803 emphasis under s. 1001.706 and to guide the development of
804 program standards and benchmarks under s. 1004.92.
805 6. The Credentials Review Committee shall establish a
806 process for prioritizing nondegree credentials and degree
807 programs based on critical statewide or regional shortages.
808 7. The Credentials Review Committee shall establish a
809 process for:
810 a. At a minimum, quarterly review and approval of
811 credential applications. Approved credentials of value shall be
812 used by the committee to develop the Master Credentials List.
813 b. Annual review of the Master Credentials List.
814 c. Phasing out credentials on the Master Credentials List
815 which no longer meet the framework of quality.
816 d. Designating performance funding eligibility under ss.
817 1011.80 and 1011.81, based upon the highest available
818 certification for postsecondary students.
819 e. Beginning with the 2022-2023 school year, the state
820 board shall submit the Master Credentials List to the State
821 Board of Education. The list must, at a minimum, identify
822 nondegree credentials and degree programs determined to be of
823 value for purposes of ss. 1008.44 and 1011.62(1); if the
824 credential or degree program meets statewide, regional, or local
825 level demand; the type of certificate, credential, or degree;
826 and the primary standard occupation classification code. For the
827 2021-2022 school year, the Master Credentials List shall be
828 composed of the CAPE Industry Certification Funding List and the
829 CAPE Postsecondary Industry Certification Funding List under ss.
830 1008.44 and 1011.62(1) and adopted by the State Board of
831 Education before October 1, 2021.
832 8. The Credentials Review Committee shall establish a
833 process for linking Classifications of Instructional Programs
834 (CIP) to Standard Occupational Classifications (SOC) for all new
835 credentials of value identified on the Master Credentials List.
836 The CIP code aligns instructional programs to occupations. A CIP
837 to SOC link indicates that programs classified in the CIP code
838 category prepare individuals for jobs classified in the SOC code
839 category. The state board shall submit approved CIP to SOC
840 linkages to the State Board of Education with each credential
841 that is added to the Master Credentials List.
842 9. The Credentials Review Committee shall identify all data
843 elements necessary to collect information on credentials by the
844 Florida Education and Training Placement Program automated
845 system under s. 1008.39.
846 10. The Credentials Review Committee shall develop a
847 returned-value funding formula as provided under ss.
848 1011.80(7)(b) and 1011.81(2)(b). When developing the formula,
849 the committee may not penalize Florida College System
850 institutions or school districts if students postpone employment
851 to continue their education.
852 (5) The state board has all the powers and authority not
853 explicitly prohibited by statute which are necessary or
854 convenient to carry out and effectuate its purposes as
855 determined by statute, Pub. L. No. 113-128, and the Governor, as
856 well as its functions, duties, and responsibilities, including,
857 but not limited to, the following:
858 (b) Providing policy direction to ensure that the following
859 programs are administered by the department consistent with
860 approved plans:
861 1. Programs authorized under Title I of the Workforce
862 Innovation and Opportunity Act, Pub. L. No. 113-128, with the
863 exception of programs funded directly by the United States
864 Department of Labor under Title I, s. 167.
865 2. Programs authorized under the Wagner-Peyser Act of 1933,
866 as amended, 29 U.S.C. ss. 49 et seq.
867 3. Activities authorized under Title II of the Trade Act of
868 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
869 Adjustment Assistance Program.
870 4. Activities authorized under 38 U.S.C. chapter 41,
871 including job counseling, training, and placement for veterans.
872 5. Employment and training activities carried out under
873 funds awarded to this state by the United States Department of
874 Housing and Urban Development.
875 6. Welfare transition services funded by the Temporary
876 Assistance for Needy Families Program, created under the
877 Personal Responsibility and Work Opportunity Reconciliation Act
878 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
879 of the Social Security Act, as amended.
880 7. The Florida Bonding Program, provided under Pub. L. No.
881 97-300, s. 164(a)(1).
882 8. The Food Assistance Employment and Training Program,
883 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
884 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
885 the Hunger Prevention Act, Pub. L. No. 100-435; and the
886 Agriculture Improvement Act of 2018, Pub. L. No. 115-334.
887 9. The Quick-Response Training Program, provided under ss.
888 288.046-288.047. Matching funds and in-kind contributions that
889 are provided by clients of the Quick-Response Training Program
890 count toward the requirements of s. 288.904, pertaining to the
891 return on investment from activities of Enterprise Florida, Inc.
892 10. The Work Opportunity Tax Credit, provided under the Tax
893 and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
894 the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
895 11. Offender placement services, provided under ss.
896 944.707-944.708.
897
898 The department may adopt rules necessary to administer this
899 chapter which relate to implementing and administering the
900 programs listed in this paragraph as well as rules related to
901 eligible training providers and auditing and monitoring
902 subrecipients of the workforce system grant funds.
903 (e) Ensuring that the state does not waste valuable
904 training resources. The state board’s policy is that all
905 resources, including equipment purchased for training Workforce
906 Innovation and Opportunity Act clients, be available for use at
907 all times by eligible populations as first priority users. At
908 times when eligible populations are not available, such
909 resources shall be used for any other state-authorized education
910 and training purpose. The state board and any of its committees,
911 councils, or administrative entities may authorize expenditures
912 to award suitable framed certificates, pins, or other tokens of
913 recognition for performance by a local workforce development
914 board, its committees and subdivisions, and other units of the
915 workforce system. The state board may also authorize
916 expenditures for promotional items, such as t-shirts, hats, or
917 pens printed with messages promoting the state’s workforce
918 system to employers, job seekers, and program participants.
919 However, such expenditures are subject to federal regulations
920 applicable to the expenditure of federal funds.
921 (6) The state board shall may take action that it deems
922 necessary to achieve the purposes of this section by, including,
923 but not limited to:
924 (a) Creating a state employment, education, and training
925 policy that ensures workforce-related programs that programs to
926 prepare workers are responsive to present and future business
927 and industry needs and complement the initiatives of Enterprise
928 Florida, Inc.
929 (b) Establishing policy direction for a uniform funding
930 system that prioritizes evidence-based, results-driven solutions
931 by providing provides incentives to improve the outcomes of
932 career education, registered apprenticeship, and work-based
933 learning programs and that focuses resources on occupations
934 related to new or emerging industries that add greatly to the
935 value of the state’s economy.
936 (c) Establishing a comprehensive policy related to the
937 education and training of target populations such as those who
938 have disabilities, are economically disadvantaged, receive
939 public assistance, are not proficient in English, or are
940 dislocated workers. This approach should ensure the effective
941 use of federal, state, local, and private resources in reducing
942 the need for public assistance by combining two or more sources
943 of funding to support workforce-related programs or activities
944 for vulnerable populations.
945 (d) Identifying barriers to coordination and alignment
946 among workforce-related programs and activities and developing
947 solutions to remove such barriers.
948 (e) Maintaining a Master Credentials List that:
949 1. Serves as a public and transparent inventory of state
950 approved credentials of value.
951 2. Directs the use of federal and state funds for workforce
952 education and training programs that lead to approved
953 credentials of value.
954 3. Guides workforce education and training programs by
955 informing the public of the credentials that have value in the
956 current or future job market
957 (d) Designating Institutes of Applied Technology composed
958 of public and private postsecondary institutions working
959 together with business and industry to ensure that career
960 education programs use the most advanced technology and
961 instructional methods available and respond to the changing
962 needs of business and industry.
963 (e) Providing policy direction for a system to project and
964 evaluate labor market supply and demand using the results of the
965 Workforce Estimating Conference created in s. 216.136 and the
966 career education performance standards identified under s.
967 1008.43.
968 (f) Reviewing the performance of public programs that are
969 responsible for economic development, education, employment, and
970 training. The review must include an analysis of the return on
971 investment of these programs.
972 (g) Expanding the occupations identified by the Workforce
973 Estimating Conference to meet needs created by local emergencies
974 or plant closings or to capture occupations within emerging
975 industries.
976 (7) By December 1 of each year, the state board, in
977 consultation with the department, shall submit to the Governor,
978 the President of the Senate, the Speaker of the House of
979 Representatives, the Senate Minority Leader, and the House
980 Minority Leader a complete and detailed annual report setting
981 forth:
982 (a) All audits and investigations, including any audit
983 conducted under subsection (8).
984 (b) The operations and accomplishments of the state board,
985 including the programs or entities specified in subsection (6).
986 (c) The number of mandatory partners located within one
987 stop centers.
988 (d) The progress on implementing solutions to address
989 barriers to coordination and alignment among programs and
990 activities identified under paragraph (6)(d).
991 (8) Annually, beginning July 1, 2022, the state board shall
992 assign and make public a letter grade for each local workforce
993 development board using the criteria established by the Office
994 of Reimagining Education and Career Help under s. 14.36 Pursuant
995 to his or her own authority or at the direction of the
996 Legislative Auditing Committee, the Auditor General may conduct
997 an audit of the state board and CareerSource Florida, Inc., or
998 the programs or entities created by the state board. The Office
999 of Program Policy Analysis and Government Accountability,
1000 pursuant to its authority or at the direction of the Legislative
1001 Auditing Committee, may review the systems and controls related
1002 to performance outcomes and quality of services of the state
1003 board and CareerSource Florida, Inc.
1004 (9) The state board, in collaboration with the local
1005 workforce development boards and appropriate state agencies and
1006 local public and private service providers, shall establish
1007 uniform performance accountability measures that apply across
1008 the core programs to gauge the performance of the state and
1009 local workforce development boards in achieving the workforce
1010 development strategy.
1011 (b) The performance accountability measures for each local
1012 area consist of the primary indicators of performance, any
1013 additional indicators of performance, and a local level of
1014 performance for each indicator pursuant to Pub. L. No. 113-128.
1015 The local level of performance is determined by the local board,
1016 the chief elected official, and the Governor pursuant to Pub. L.
1017 No. 113-128, Title I, s. 116(c). Any local performance
1018 accountability measures that are established must be based on
1019 identified local area needs.
1020 (11) The workforce development system must use local design
1021 and control of service delivery and targeted activities. The
1022 state board, in consultation with the department, is responsible
1023 for ensuring that local workforce development boards have a
1024 membership consistent with the requirements of federal and state
1025 law and have developed a plan consistent with the state’s
1026 workforce development strategy. The plan must specify methods
1027 for allocating the resources and programs in a manner that
1028 eliminates unwarranted duplication, minimizes administrative
1029 costs, meets the existing job market demands and the job market
1030 demands resulting from successful economic development
1031 activities, ensures access to quality workforce development
1032 services for all Floridians, allows for pro rata or partial
1033 distribution of benefits and services, prohibits the creation of
1034 a waiting list or other indication of an unserved population,
1035 serves as many individuals as possible within available
1036 resources, and maximizes successful outcomes. The state board
1037 shall establish incentives for effective alignment and
1038 coordination of federal and state programs and those identified
1039 by the Office of Reimagining Education and Career Help under s.
1040 14.36(4)(e), outline rewards for long-term self-sufficiency of
1041 successful job placements participants, and institute
1042 collaborative approaches among local service providers.
1043 Section 7. Subsection (2) of section 445.006, Florida
1044 Statutes, is amended, and subsection (4) is added to that
1045 section, to read:
1046 445.006 State plan for workforce development.—
1047 (2) STRATEGIC PLANNING ELEMENTS.—The state board, in
1048 conjunction with state and local partners in the workforce
1049 development system, shall develop strategic planning elements,
1050 pursuant to Pub. L. No. 113-128, Title I, s. 102, for the state
1051 plan.
1052 (a) The strategic planning elements of the state plan must
1053 include, but need not be limited to, strategies for:
1054 1. Fulfilling the workforce system goals and strategies
1055 prescribed in s. 445.004.;
1056 2. Aggregating, integrating, and leveraging workforce
1057 system resources.;
1058 3. Coordinating the activities of federal, state, and local
1059 workforce system partners.;
1060 4. Addressing the workforce needs of small businesses.; and
1061 5. Fostering the participation of rural communities and
1062 distressed urban cores in the workforce system.
1063 (b) The strategic planning elements must include criteria
1064 for allocating workforce resources to local workforce
1065 development boards. With respect to allocating funds to serve
1066 customers of the welfare transition program, such criteria may
1067 include weighting factors that indicate the relative degree of
1068 difficulty associated with securing and retaining employment
1069 placements for specific subsets of the welfare transition
1070 caseload.
1071 (c) The state plan must describe:
1072 1. How the activities will be carried out by the respective
1073 core programs to implement the strategy and how the activities
1074 will be aligned across the programs and among the entities
1075 administering the programs, including using coenrollment and
1076 other strategies.
1077 2. How the activities will be aligned with other activities
1078 that are provided under employment, training, education,
1079 including career and technical education, and human services
1080 programs that are not covered by the state plan, as appropriate,
1081 to avoid duplication and assure coordination.
1082 3. How the entities carrying out the respective core
1083 programs will coordinate activities and provide comprehensive,
1084 high-quality services, including supportive services, to
1085 individuals.
1086 4. How the state’s strategy to engage Florida College
1087 System institutions and local career and technical education
1088 schools as partners in the workforce development system will
1089 enable the state to leverage other federal, state, and local
1090 investments and increase access to workforce development
1091 programs at those institutions.
1092 5. How the activities will be coordinated with economic
1093 development strategies.
1094 6. How the state’s strategy will improve access to
1095 activities leading to a state approved recognized postsecondary
1096 credential, including a credential that is an industry
1097 recognized certificate or certification that is portable and
1098 builds on additional education or training.
1099 (4) WAIVERS.—The department shall prepare a federal waiver
1100 to be submitted by the Governor to the United States Department
1101 of Labor which:
1102 (a) Allows the state board to fulfill the roles and
1103 responsibilities of local workforce development boards or that
1104 reduces the number of local workforce development boards based
1105 on population size and commuting patterns in order to:
1106 1. Eliminate multiple layers of administrative entities to
1107 improve coordination of the workforce development system.
1108 2. Establish consistent eligibility standards across the
1109 state to improve the accountability of workforce-related
1110 programs.
1111 3. Provide greater flexibility in the allocation of
1112 resources to maximize the funds directed to training and
1113 business services.
1114 (b) Allows the Governor to reallocate funds among local
1115 areas that have a demonstrated need for additional funding and
1116 programmatic outcomes that will maximize the use of the
1117 additional funds to serve low-income individuals, public
1118 assistance recipients, dislocated workers, and unemployment
1119 insurance claimants.
1120 Section 8. Section 445.007, Florida Statutes, is amended to
1121 read:
1122 445.007 Local workforce development boards.—
1123 (1) One local workforce development board shall be
1124 appointed in each designated service delivery area and shall
1125 serve as the local workforce development board pursuant to Pub.
1126 L. No. 113-128. The membership of the local board must be
1127 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
1128 public education or training provider is represented on the
1129 local board, a representative of a private education provider
1130 must also be appointed to the local board. The state board may
1131 waive this requirement if requested by a local workforce
1132 development board if it is demonstrated that such
1133 representatives do not exist in the region. The importance of
1134 minority and gender representation shall be considered when
1135 making appointments to the local board. The local board, its
1136 committees, subcommittees, and subdivisions, and other units of
1137 the workforce system, including units that may consist in whole
1138 or in part of local governmental units, may use any method of
1139 telecommunications to conduct meetings, including establishing a
1140 quorum through telecommunications, provided that the public is
1141 given proper notice of the telecommunications meeting and
1142 reasonable access to observe and, when appropriate, participate.
1143 Local workforce development boards are subject to chapters 119
1144 and 286 and s. 24, Art. I of the State Constitution. If the
1145 local workforce development board enters into a contract with an
1146 organization or individual represented on the local board, the
1147 contract must be approved by a two-thirds vote of the local
1148 board, a quorum having been established, and the local board
1149 member who could benefit financially from the transaction must
1150 abstain from voting on the contract. A local board member must
1151 disclose any such conflict in a manner that is consistent with
1152 the procedures outlined in s. 112.3143. Each member of a local
1153 workforce development board who is not otherwise required to
1154 file a full and public disclosure of financial interests under
1155 s. 8, Art. II of the State Constitution or s. 112.3144 shall
1156 file a statement of financial interests under s. 112.3145. The
1157 executive director or designated person responsible for the
1158 operational and administrative functions of the local workforce
1159 development board who is not otherwise required to file a full
1160 and public disclosure of financial interests under s. 8, Art. II
1161 of the State Constitution or s. 112.3144 shall file a statement
1162 of financial interests under s. 112.3145. The local board’s
1163 website, or the department’s website if the local board does not
1164 maintain a website, must inform the public that each disclosure
1165 or statement has been filed with the Commission on Ethics and
1166 provide information on how each disclosure or statement may be
1167 reviewed. The notice to the public must remain on the website
1168 throughout the term of office or employment of the filer and
1169 until 1 year after the term on the local board or employment
1170 ends.
1171 (2)(a) The local workforce development board shall elect a
1172 chair from among the representatives described in Pub. L. No.
1173 113-128, Title I, s. 107(b)(2)(A) to serve for a term of no more
1174 than 2 years and may not shall serve no more than two terms as
1175 chair. Members of a local workforce development board shall
1176 serve staggered terms and may not serve for more than 8
1177 consecutive years, unless such member is a representative of a
1178 governmental entity. Service in a term of office which commenced
1179 before July 1, 2021, does not count toward the 8-year
1180 limitation.
1181 (b) The Governor may remove a member of the local board,
1182 the executive director of the local board, or the designated
1183 person responsible for the operational and administrative
1184 functions of the local board for cause.
1185 (c) The chief elected official for the local workforce
1186 development board may remove a member of the local board, the
1187 executive director of the local board, or the designated person
1188 responsible for the operational and administrative functions of
1189 the local board for cause.
1190 (3) The department shall assign staff to meet with each
1191 local workforce development board annually to review the local
1192 board’s performance as determined under s. 445.004(8) and to
1193 certify that the local board is in compliance with applicable
1194 state and federal law.
1195 (4) In addition to the duties and functions specified by
1196 the state board and by the interlocal agreement approved by the
1197 local county or city governing bodies, the local workforce
1198 development board shall have the following responsibilities:
1199 (a) Develop, submit, ratify, or amend the local plan
1200 pursuant to Pub. L. No. 113-128, Title I, s. 108 and this act.
1201 (b) Conclude agreements necessary to designate the fiscal
1202 agent and administrative entity. A public or private entity,
1203 including an entity established under s. 163.01, which makes a
1204 majority of the appointments to a local workforce development
1205 board may serve as the local board’s administrative entity if
1206 approved by the department based upon a showing that a fair and
1207 competitive process was used to select the administrative
1208 entity.
1209 (c) Provide ongoing oversight related to administrative
1210 costs, duplicated services, career counseling, economic
1211 development, equal access, compliance and accountability, and
1212 performance outcomes.
1213 (d) Oversee the one-stop delivery system in its local area.
1214 (5) The department and CareerSource Florida, Inc., in
1215 consultation with the state board, shall implement a training
1216 program for the local workforce development boards to
1217 familiarize local board members with the state’s workforce
1218 development goals and strategies.
1219 (6) Consistent with federal and state law, the local
1220 workforce development board shall designate all local service
1221 providers and may not transfer this authority to a third party.
1222 Consistent with the intent of the Workforce Innovation and
1223 Opportunity Act, local workforce development boards should
1224 provide the greatest possible choice of training providers to
1225 those who qualify for training services. A local workforce
1226 development board may not restrict the choice of training
1227 providers based upon cost, location, or historical training
1228 arrangements. However, a local board may restrict the amount of
1229 training resources available to any one client. Such
1230 restrictions may vary based upon the cost of training in the
1231 client’s chosen occupational area. The local workforce
1232 development board may be designated as a one-stop operator and
1233 direct provider of intake, assessment, eligibility
1234 determinations, or other direct provider services except
1235 training services. Such designation may occur only with the
1236 agreement of the chief elected official and the Governor as
1237 specified in 29 U.S.C. s. 2832(f)(2). The state board shall
1238 establish procedures by which a local workforce development
1239 board may request permission to operate under this section and
1240 the criteria under which such permission may be granted. The
1241 criteria shall include, but need not be limited to, a reduction
1242 in the cost of providing the permitted services. Such permission
1243 shall be granted for a period not to exceed 3 years for any
1244 single request submitted by the local workforce development
1245 board.
1246 (7) Local workforce development boards shall adopt a
1247 committee structure consistent with applicable federal law and
1248 state policies established by the state board.
1249 (8) The importance of minority and gender representation
1250 shall be considered when appointments are made to any committee
1251 established by the local workforce development board.
1252 (9) For purposes of procurement, local workforce
1253 development boards and their administrative entities are not
1254 state agencies and are exempt from chapters 120 and 287. The
1255 local workforce development boards shall apply the procurement
1256 and expenditure procedures required by federal law and policies
1257 of the department and the state board for the expenditure of
1258 federal, state, and nonpass-through funds. The making or
1259 approval of smaller, multiple payments for a single purchase
1260 with the intent to avoid or evade the monetary thresholds and
1261 procedures established by federal law and policies of the
1262 department and the state board is grounds for removal for cause.
1263 Local workforce development boards, their administrative
1264 entities, committees, and subcommittees, and other workforce
1265 units may authorize expenditures to award suitable framed
1266 certificates, pins, or other tokens of recognition for
1267 performance by units of the workforce development system. Local
1268 workforce development boards; their administrative entities,
1269 committees, and subcommittees; and other workforce units may
1270 authorize expenditures for promotional items, such as t-shirts,
1271 hats, or pens printed with messages promoting the state’s
1272 Florida’s workforce system to employers, job seekers, and
1273 program participants. However, such expenditures are subject to
1274 federal regulations applicable to the expenditure of federal
1275 funds. All contracts executed by local workforce development
1276 boards must include specific performance expectations and
1277 deliverables.
1278 (10) State and federal funds provided to the local
1279 workforce development boards may not be used directly or
1280 indirectly to pay for meals, food, or beverages for members,
1281 staff, or employees of local workforce development boards, the
1282 state board, or the department except as expressly authorized by
1283 state law. Preapproved, reasonable, and necessary per diem
1284 allowances and travel expenses may be reimbursed. Such
1285 reimbursement shall be at the standard travel reimbursement
1286 rates established in s. 112.061 and shall be in compliance with
1287 all applicable federal and state requirements. The department
1288 shall provide fiscal and programmatic guidance to the state
1289 board, CareerSource Florida, Inc., and all local workforce
1290 development boards to hold both the state and local workforce
1291 development boards strictly accountable for adherence to the
1292 policy and subject to regular and periodic monitoring by the
1293 department. Local boards are prohibited from expending state or
1294 federal funds for entertainment costs and recreational
1295 activities for local board members and employees as these terms
1296 are defined by 2 C.F.R. part 200.
1297 (11)(a) To increase transparency and accountability, a
1298 local workforce development board must comply with the
1299 requirements of this section before contracting with a member of
1300 the local board; or a relative, as defined in s. 112.3143(1)(c),
1301 of a local board member; an organization or individual
1302 represented on the local board; or of an employee of the local
1303 board. Such contracts may not be executed before or without the
1304 prior approval of the department. Such contracts, as well as
1305 documentation demonstrating adherence to this section as
1306 specified by the department, must be submitted to the department
1307 for review and approval. Such a contract must be approved by a
1308 two-thirds vote of the local board, a quorum having been
1309 established; all conflicts of interest must be disclosed before
1310 the vote in a manner consistent with the procedures outlined in
1311 s. 112.3143(4); and any member who may benefit from the
1312 contract, or whose organization or relative may benefit from the
1313 contract, must abstain from the vote. A contract subject to the
1314 requirements of this subsection may not be included on a consent
1315 agenda.
1316 (b) A contract under $10,000 $25,000 between a local
1317 workforce development board, and a member of that board or
1318 between a relative, as defined in s. 112.3143(1)(c), of a local
1319 board member, or of an employee of the local board is not
1320 required to have the prior approval of the department, but must
1321 be approved by a two-thirds vote of the local board, a quorum
1322 having been established, and must be reported to the department
1323 and the state board within 30 days after approval.
1324 (c) All contracts between a local board and a member of the
1325 local board; a relative, as defined in s. 112.3143(1)(c), of a
1326 local board member; an organization or individual represented on
1327 the local board; or an employee of the local board, approved on
1328 or after July 1, 2021, must also be published on the local
1329 board’s website, or on the department’s website if the local
1330 board does not maintain a website, within 10 days after approval
1331 by the local board or department, whichever is later. Such
1332 contracts must remain published on the website for at least 1
1333 year after termination of the contract.
1334 (d) In considering whether to approve a contract under this
1335 subsection, the department shall review and consider all
1336 documentation provided to the department by the local board,
1337 including the performance of the entity with which the local
1338 board is proposing to contract with, if applicable, and the
1339 nature, size, and makeup of the business community served by the
1340 local board, including whether the entity with which the local
1341 board is proposing to contract with is the only provider of the
1342 desired goods or services within the area served by the local
1343 board If a contract cannot be approved by the department, a
1344 review of the decision to disapprove the contract may be
1345 requested by the local workforce development board or other
1346 parties to the disapproved contract.
1347 (12) Each local workforce development board shall develop a
1348 budget for the purpose of carrying out the duties of the local
1349 board under this section, subject to the approval of the chief
1350 elected official. Each local workforce development board shall
1351 submit its annual budget for review to the department no later
1352 than 2 weeks after the chair approves the budget. The local
1353 board shall publish the budget on its website, or the
1354 department’s website if the local board does not maintain a
1355 website, within 10 days after approval by the department. The
1356 budget must remain published on the website for the duration of
1357 the fiscal year for which it accounts for the expenditure of
1358 funds.
1359 (13) Each local workforce development board shall annually,
1360 within 30 days after the end of the fiscal year, disclose to the
1361 department, in a manner determined by the department, the amount
1362 and nature of compensation paid to all executives, officers,
1363 directors, trustees, key employees, and the highest compensated
1364 employees, as defined for purposes of the Internal Revenue
1365 Service Form 990, Return of Organization Exempt from Income Tax,
1366 including salary, bonuses, present value of vested benefits,
1367 including, but not limited to, retirement, accrued leave and
1368 paid time off, cashed-in leave, cash equivalents, severance pay,
1369 pension plan accruals and contributions, deferred compensation,
1370 real property gifts, and any other liability owed to such
1371 persons. The disclosure must be accompanied by a written
1372 declaration, as provided for under s. 92.525(2), from the chief
1373 financial officer, or his or her designee, that he or she has
1374 read the foregoing document and the facts stated in it are true.
1375 Such information must also be published on the local board’s
1376 website, or the department’s website if the local board does not
1377 maintain a website, for a period of 3 years after it is first
1378 published.
1379 (14) Each local workforce development board shall annually
1380 publish its most recent Internal Revenue Service Form 990,
1381 Return of Organization Exempt from Income Tax, on its website,
1382 or the department’s website if the local board does not maintain
1383 a website. The form must be posted on the local board’s website
1384 within 60 calendar days after it is filed with the Internal
1385 Revenue Service and remain posted for 3 years after it is filed.
1386 Section 9. Paragraphs (a) and (e) of subsection (8) of
1387 section 445.009, Florida Statutes, are amended to read:
1388 445.009 One-stop delivery system.—
1389 (8)(a) Individual Training Accounts must be expended on
1390 programs that prepare people to enter high-wage occupations
1391 identified by the Labor Market Workforce Estimating Conference
1392 created by s. 216.136, and on other programs recommended and
1393 approved by the state board following a review by the department
1394 to determine the program’s compliance with federal law.
1395 (e) Training services provided through Individual Training
1396 Accounts must be performance-based, with successful job
1397 placement triggering final full payment of at least 10 percent.
1398 Section 10. Section 445.011, Florida Statutes, is amended,
1399 to read:
1400 445.011 Consumer-first workforce system information
1401 systems.—
1402 (1) The department, in consultation with the state board,
1403 the Department of Education, and the Department of Children and
1404 Families, shall implement, subject to legislative appropriation,
1405 an automated consumer-first workforce system that improves
1406 coordination among required one-stop partners and is information
1407 systems that are necessary for the efficient and effective
1408 operation and management of the workforce development system.
1409 This system These information systems shall include, but need
1410 not be limited to, the following:
1411 (a) An integrated management system for the one-stop
1412 service delivery system, which includes, at a minimum, common
1413 registration and intake for required one-stop partners,
1414 screening for needs and benefits, case management planning and
1415 tracking, training benefits management, service and training
1416 provider management, performance reporting, executive
1417 information and reporting, and customer-satisfaction tracking
1418 and reporting.
1419 1. The system should report current budgeting, expenditure,
1420 and performance information for assessing performance related to
1421 outcomes, service delivery, and financial administration for
1422 workforce programs pursuant to s. 445.004(5) and (9).
1423 2. The information system should include auditable systems
1424 and controls to ensure financial integrity and valid and
1425 reliable performance information.
1426 3. The system should support service integration and case
1427 management across programs and agencies by providing for case
1428 tracking for participants in workforce programs, participants
1429 who receive benefits pursuant to public assistance programs
1430 under chapter 414, and participants in welfare transition
1431 programs under this chapter.
1432 (b) An automated job-matching information system that is
1433 accessible to employers, job seekers, and other users via the
1434 Internet, and that includes, at a minimum:
1435 1. Skill match information, including skill gap analysis;
1436 resume creation; job order creation; skill tests; job search by
1437 area, employer type, and employer name; and training provider
1438 linkage;
1439 2. Job market information based on surveys, including
1440 local, state, regional, national, and international occupational
1441 and job availability information; and
1442 3. Service provider information, including education and
1443 training providers, child care facilities and related
1444 information, health and social service agencies, and other
1445 providers of services that would be useful to job seekers.
1446 (2) The department may procure independent verification and
1447 validation services associated with developing and implementing
1448 the consumer-first any workforce information system.
1449 (3) The department shall coordinate development and
1450 implementation of the consumer-first workforce system
1451 information systems with the state chief information officer to
1452 ensure compatibility with the state’s information system
1453 strategy and enterprise architecture.
1454 (4) Any contract entered into or renewed on or after July
1455 1, 2021, for the purpose of implementing this section must be
1456 performance based.
1457 (5) The department shall develop training for required one
1458 stop partners on the use of the consumer-first workforce system
1459 and how to prequalify individuals for workforce programs.
1460 Section 11. Section 445.033, Florida Statutes, is amended
1461 to read:
1462 445.033 Evaluation.—The department state board and the
1463 Department of Children and Families shall measure the
1464 performance of workforce-related programs and services for
1465 participants who receive benefits pursuant to family self
1466 sufficiency programs under chapter 414, and participants in
1467 welfare transition arrange for evaluation of TANF-funded
1468 programs operated under this chapter, as follows:
1469 (1) If required by federal waivers or other federal
1470 requirements, the state board and the department may provide for
1471 evaluation according to these requirements.
1472 (1)(2) The state board and the department shall consult
1473 with local workforce development boards to develop annual
1474 performance reports that analyze participants’ transition from
1475 public assistance to self-sufficiency, including, but not
1476 limited to, shall participate in the evaluation of this program
1477 in conjunction with evaluation of the state’s workforce
1478 development programs or similar activities aimed at evaluating
1479 program outcomes, cost-effectiveness, or return on investment,
1480 coenrollment in these programs, and the impact of time limits,
1481 sanctions, and other welfare reform measures set out in this
1482 chapter. Each local board shall, at a minimum, provide quarterly
1483 reports on the following measures:
1484 (a) The percent of participants working in unsubsidized
1485 employment.
1486 (b) The percent of participants who stop receiving benefits
1487 for reasons other than disqualification or sanction.
1488 (c) The number of sanctions and waivers that are granted,
1489 measured by the type of sanction or waiver and the number of
1490 completed compliance activities that lead to a restoration of
1491 benefits.
1492 (d) The median placement wage rate.
1493 (e) The TANF work participation rate, defined as the
1494 participation requirements specified under Pub. L. No. 109-171,
1495 the Deficit Reduction Act of 2005.
1496 (f) A self-sufficiency index, by county, calculated each
1497 quarter based on the percent of current or former participants
1498 who stop receiving benefits or are working 30 or more hours per
1499 week and at 1 and 2 years after participants stop receiving
1500 benefits or work 30 or more hours per week. The quarterly report
1501 must include the percentage of participants earning at or above
1502 200 percent of the federal poverty level 3 years after
1503 participants stop receiving benefits or work 30 or more hours
1504 per week. The quarterly report must also contain an expected
1505 range of performance for each county on the self-sufficiency
1506 index. The expected range shall be derived by a statistical
1507 methodology developed in consultation with the local boards. The
1508 statistical methodology shall control differences across
1509 counties in economic conditions and demographics of participants
1510 in family self-sufficiency programs under chapter 414, and
1511 welfare transition programs under this chapter Evaluation shall
1512 also contain information on the number of participants in work
1513 experience assignments who obtain unsubsidized employment,
1514 including, but not limited to, the length of time the
1515 unsubsidized job is retained, wages, and the public benefits, if
1516 any, received by such families while in unsubsidized employment.
1517 The evaluation must solicit the input of consumers, community
1518 based organizations, service providers, employers, and the
1519 general public, and must publicize, especially in low-income
1520 communities, the process for submitting comments.
1521 (2)(3) The state board and the department shall may share
1522 information with and develop protocols for information exchange
1523 with the Florida Education and Training Placement Information
1524 Program.
1525 (3)(4) The state board and the department may initiate or
1526 participate in additional evaluation or assessment activities
1527 that will further the systematic study of issues related to
1528 program goals and outcomes.
1529 (4)(5) In providing for evaluation activities, the state
1530 board and the department shall safeguard the use or disclosure
1531 of information obtained from program participants consistent
1532 with federal or state requirements. Evaluation methodologies may
1533 be used which are appropriate for evaluation of program
1534 activities, including random assignment of recipients or
1535 participants into program groups or control groups. To the
1536 extent necessary or appropriate, evaluation data shall provide
1537 information with respect to the state, district, or county, or
1538 other substate area.
1539 (5)(6) The state board and the department may contract with
1540 a qualified organization for evaluations conducted under this
1541 section.
1542 Section 12. Section 445.038, Florida Statutes, is amended
1543 to read:
1544 445.038 Digital media; job training.—CareerSource Florida,
1545 Inc., through the Department of Economic Opportunity, may use
1546 funds dedicated for incumbent worker training for the digital
1547 media industry. Training may be provided by public or private
1548 training providers for broadband digital media jobs listed on
1549 the targeted occupations list developed by the Labor Market
1550 Workforce Estimating Conference or CareerSource Florida, Inc.
1551 Programs that operate outside the normal semester time periods
1552 and coordinate the use of industry and public resources should
1553 be given priority status for funding.
1554 Section 13. Subsection (8) of section 446.021, Florida
1555 Statutes, is amended to read:
1556 446.021 Definitions of terms used in ss. 446.011-446.092.
1557 As used in ss. 446.011-446.092, the term:
1558 (8) “Uniform minimum preapprenticeship standards” means the
1559 minimum requirements established uniformly for each occupation
1560 craft under which an apprenticeship or a preapprenticeship
1561 program is administered or a work-based learning opportunity is
1562 provided. The term and includes standards of admission, training
1563 goals, training objectives, curriculum outlines, objective
1564 standards to measure successful completion of the apprenticeship
1565 or preapprenticeship program or work-based learning opportunity,
1566 and the percentage of credit which may be given to an apprentice
1567 or a preapprentice or work-based learning student
1568 preapprenticeship graduates upon acceptance into the
1569 apprenticeship program.
1570 Section 14. Subsection (1), paragraphs (b) and (f) of
1571 subsection (2), and subsection (3) of section 446.032, Florida
1572 Statutes, are amended, and paragraphs (g) and (h) are added to
1573 subsection (2) of that section, to read:
1574 446.032 General duties of the department for apprenticeship
1575 training.—The department shall:
1576 (1) Establish uniform minimum standards and policies
1577 governing apprenticeship and preapprenticeship apprentice
1578 programs and agreements which must require training providers to
1579 submit data necessary to determine program performance
1580 consistent with state and federal law. The standards and
1581 policies shall govern the terms and conditions of the
1582 apprentice’s employment and training, including the quality
1583 training of the apprentice for, but not limited to, such matters
1584 as ratios of apprentices to journeyworkers, safety, related
1585 instruction, and on-the-job training; but these standards and
1586 policies may not include rules, standards, or guidelines that
1587 require the use of apprentices and job trainees on state,
1588 county, or municipal contracts. The department shall may adopt
1589 rules necessary to administer the standards and policies.
1590 (2) By September 1 of each year, publish an annual report
1591 on apprenticeship and preapprenticeship programs. The report
1592 must be published on the department’s website and, at a minimum,
1593 include all of the following:
1594 (b) A detailed summary of each local educational agency’s
1595 expenditure of funds for apprenticeship and preapprenticeship
1596 programs, including:
1597 1. The total amount of funds received for apprenticeship
1598 and preapprenticeship programs.;
1599 2. The total amount of funds allocated by training
1600 provider, program, and to each trade or occupation.;
1601 3. The total amount of funds expended for administrative
1602 costs by training provider, program, and per trade or
1603 occupation.; and
1604 4. The total amount of funds expended for instructional
1605 costs by training provider, program, per trade and occupation.
1606 (f) Documentation of activities conducted by the department
1607 to promote apprenticeship and preapprenticeship programs through
1608 public engagement, community-based partnerships, and other
1609 initiatives and the outcomes of such activities and their impact
1610 on establishing or expanding apprenticeship and
1611 preapprenticeship programs.
1612 (g) Retention and completion rates of participants
1613 disaggregated by training provider, program, and occupation.
1614 (h) Wage progression of participants as demonstrated by
1615 starting, exit, and postapprenticeship wages at 1 and 5 years
1616 after participants exit the program.
1617 (3) Provide assistance to district school boards, Florida
1618 College System institution boards of trustees, program sponsors,
1619 and local workforce development boards in notifying students,
1620 parents, and members of the community of the availability of
1621 apprenticeship and preapprenticeship opportunities, including
1622 data provided in the economic security report under pursuant to
1623 s. 445.07 and other state career planning resources.
1624 Section 15. Section 446.041, Florida Statutes, is amended
1625 to read:
1626 446.041 Apprenticeship program, Duties of the department.
1627 The department shall:
1628 (1) Administer ss. 446.011-446.092.
1629 (2) Administer the standards established by the department.
1630 (3) Register in accordance with this chapter any
1631 apprenticeship or preapprenticeship program, regardless of
1632 affiliation, which meets standards established by the
1633 department.
1634 (4) Investigate complaints concerning the failure of any
1635 registered program to meet the standards established by the
1636 department.
1637 (5) Cancel the registration of any program that fails to
1638 comply with the standards and policies of the department or that
1639 unreasonably fails or refuses to cooperate with the department
1640 in monitoring and enforcing compliance with the standards.
1641 (6) Develop and encourage apprenticeship programs.
1642 (7) Lead and coordinate outreach efforts to educate
1643 veterans about apprenticeship and career opportunities.
1644 (8) Cooperate with and assist local apprenticeship sponsors
1645 in the development of their apprenticeship standards and
1646 training requirements.
1647 (9) Encourage registered apprenticeship programs to grant
1648 consideration and credit to individuals completing registered
1649 preapprenticeship programs.
1650 (10) Monitor registered apprenticeship programs to ensure
1651 that they are being operated in compliance with all applicable
1652 standards.
1653 (11) Supervise all apprenticeship programs that are
1654 registered with the department.
1655 (12) Ensure that minority and gender diversity are
1656 considered in administering this program.
1657 (13) Adopt rules required to administer ss. 446.011
1658 446.092.
1659 Section 16. Section 446.0915, Florida Statutes, is created
1660 to read:
1661 446.0915 Work-based learning opportunities.—
1662 (1) As used in this section, the term “work-based learning
1663 opportunity” means an interaction with industry or community
1664 professionals which occurs in a workplace setting, to the extent
1665 possible, or a simulated environment at an educational
1666 institution that allows firsthand experience with tasks required
1667 in a given career field, is aligned with curriculum and
1668 instruction, and is provided in partnership with an educational
1669 institution.
1670 (2) A work-based learning opportunity must meet all of the
1671 following criteria:
1672 (a) Be developmentally appropriate.
1673 (b) Identify learning objectives for the term of
1674 experience.
1675 (c) Explore multiple aspects of an industry.
1676 (d) Develop workplace skills and competencies.
1677 (e) Assess performance.
1678 (f) Provide opportunities for work-based reflection.
1679 (g) Link to next steps in career planning and preparation
1680 in a student’s chosen career pathway.
1681 (h) Be provided in an equal and fair manner.
1682 (i) Be documented and reported in compliance with state and
1683 federal labor laws.
1684
1685 A work-based learning opportunity should prioritize paid
1686 experiences, such as apprenticeship and preapprenticeship
1687 programs.
1688 (3) The State Board of Education shall adopt rules to
1689 implement this section which must include uniform minimum
1690 standards and guidelines for determining student eligibility,
1691 obligations of employers, and requirements of institutions that
1692 offer work-based learning opportunities.
1693 Section 17. Subsection (43) of section 570.07, Florida
1694 Statutes, is amended to read:
1695 570.07 Department of Agriculture and Consumer Services;
1696 functions, powers, and duties.—The department shall have and
1697 exercise the following functions, powers, and duties:
1698 (43) In cooperation with the Institute of Food and
1699 Agricultural Sciences at the University of Florida and the
1700 College of Agriculture and Food Sciences at the Florida
1701 Agricultural and Mechanical University, submit industry
1702 certifications for agriculture occupations to annually provide
1703 to the Credentials Review Committee established in s. 445.004(4)
1704 State Board of Education and the Department of Education
1705 information and industry certifications for farm occupations to
1706 be considered for placement on the Master Credentials List CAPE
1707 Industry Certification Funding List and the CAPE Postsecondary
1708 Industry Certification Funding List pursuant to s. 1008.44.
1709 Information and industry certifications provided by the
1710 department must be based upon the best available
1711 data.
1712 Section 18. Paragraph (b) of subsection (5) of section
1713 1001.706, Florida Statutes, is amended to read:
1714 1001.706 Powers and duties of the Board of Governors.—
1715 (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
1716 (b) The Board of Governors shall develop a strategic plan
1717 specifying goals and objectives for the State University System
1718 and each constituent university, including each university’s
1719 contribution to overall system goals and objectives. The
1720 strategic plan must:
1721 1. Include performance metrics and standards common for all
1722 institutions and metrics and standards unique to institutions
1723 depending on institutional core missions, including, but not
1724 limited to, student admission requirements, retention,
1725 graduation, percentage of graduates who have attained
1726 employment, percentage of graduates enrolled in continued
1727 education, licensure passage, average wages of employed
1728 graduates, average cost per graduate, excess hours, student loan
1729 burden and default rates, faculty awards, total annual research
1730 expenditures, patents, licenses and royalties, intellectual
1731 property, startup companies, annual giving, endowments, and
1732 well-known, highly respected national rankings for institutional
1733 and program achievements.
1734 2. Consider reports and recommendations of the Florida
1735 Talent Development Council under pursuant to s. 1004.015 and the
1736 Articulation Coordinating Committee under pursuant to s.
1737 1007.01.
1738 3. Include student enrollment and performance data
1739 delineated by method of instruction, including, but not limited
1740 to, traditional, online, and distance learning instruction.
1741 4. Include criteria for designating baccalaureate degree
1742 and master’s degree programs at specified universities as high
1743 demand programs of emphasis. The programs of emphasis list
1744 adopted by the Board of Governors before July 1, 2021, shall be
1745 used for the 2021-2022 academic year. Beginning in the 2022-2023
1746 academic year, the Board of Governors shall adopt the criteria
1747 to determine value for and prioritization of degree credentials
1748 and degree programs established by the Credentials Review
1749 Committee under s. 445.004 for designating Fifty percent of the
1750 criteria for designation as high-demand programs of emphasis.
1751 The Board of Governors must review designated programs of
1752 emphasis, at a minimum, every 3 years to ensure alignment with
1753 the prioritization of degree credentials and degree programs
1754 identified by the Credentials Review Committee must be based on
1755 achievement of performance outcome thresholds determined by the
1756 Board of Governors, and 50 percent of the criteria must be based
1757 on achievement of performance outcome thresholds specifically
1758 linked to:
1759 a. Job placement in employment of 36 hours or more per week
1760 and average full-time wages of graduates of the degree programs
1761 1 year and 5 years after graduation, based in part on data
1762 provided in the economic security report of employment and
1763 earning outcomes produced annually pursuant to s. 445.07.
1764 b. Data-driven gap analyses, conducted by the Board of
1765 Governors, of the state’s job market demands and the outlook for
1766 jobs that require a baccalaureate or higher degree. Each state
1767 university must use the gap analyses to identify internship
1768 opportunities for students to benefit from mentorship by
1769 industry experts, earn industry certifications, and become
1770 employed in high-demand fields.
1771 Section 19. Paragraph (e) of subsection (1) of section
1772 1003.4156, Florida Statutes, is amended to read:
1773 1003.4156 General requirements for middle grades
1774 promotion.—
1775 (1) In order for a student to be promoted to high school
1776 from a school that includes middle grades 6, 7, and 8, the
1777 student must successfully complete the following courses:
1778 (e) One course in career and education planning to be
1779 completed in grades 6, 7, or 8, which may be taught by any
1780 member of the instructional staff. The course must be Internet
1781 based, customizable to each student, and include research-based
1782 assessments to assist students in determining educational and
1783 career options and goals. In addition, the course must result in
1784 a completed personalized academic and career plan for the
1785 student that may be revised as the student progresses through
1786 middle school and high school; must emphasize the importance of
1787 entrepreneurship and employability skills; and must include
1788 information from the Department of Economic Opportunity’s
1789 economic security report under s. 445.07 and other state career
1790 planning resources. The required personalized academic and
1791 career plan must inform students of high school graduation
1792 requirements, including a detailed explanation of the
1793 requirements for earning a high school diploma designation under
1794 s. 1003.4285; the requirements for each scholarship in the
1795 Florida Bright Futures Scholarship Program; state university and
1796 Florida College System institution admission requirements;
1797 available opportunities to earn college credit in high school,
1798 including Advanced Placement courses; the International
1799 Baccalaureate Program; the Advanced International Certificate of
1800 Education Program; dual enrollment, including career dual
1801 enrollment; and career education courses, including career
1802 themed courses, preapprenticeship and apprenticeship programs,
1803 and course sequences that lead to industry certification
1804 pursuant to s. 1003.492 or s. 1008.44. The course may be
1805 implemented as a stand-alone course or integrated into another
1806 course or courses.
1807 Section 20. Paragraph (s) of subsection (2) of section
1808 1003.42, Florida Statutes, is amended to read:
1809 1003.42 Required instruction.—
1810 (2) Members of the instructional staff of the public
1811 schools, subject to the rules of the State Board of Education
1812 and the district school board, shall teach efficiently and
1813 faithfully, using the books and materials required that meet the
1814 highest standards for professionalism and historical accuracy,
1815 following the prescribed courses of study, and employing
1816 approved methods of instruction, the following:
1817 (s) A character development program in the elementary
1818 schools, similar to Character First or Character Counts, which
1819 is secular in nature. Beginning in school year 2004-2005, the
1820 character development program shall be required in kindergarten
1821 through grade 12. Each district school board shall develop or
1822 adopt a curriculum for the character development program that
1823 shall be submitted to the department for approval. The character
1824 development curriculum shall stress the qualities of patriotism;
1825 responsibility; citizenship; kindness; respect for authority,
1826 life, liberty, and personal property; honesty; charity; self
1827 control; racial, ethnic, and religious tolerance; and
1828 cooperation. The character development curriculum for grades 9
1829 through 12 shall, at a minimum, include instruction on
1830 developing leadership skills, interpersonal skills, organization
1831 skills, and research skills; creating a resume, including a
1832 digital resume; exploring career pathways; using state career
1833 planning resources; developing and practicing the skills
1834 necessary for employment interviews; conflict resolution,
1835 workplace ethics, and workplace law; managing stress and
1836 expectations; and developing skills that enable students to
1837 become more resilient and self-motivated.
1838
1839 The State Board of Education is encouraged to adopt standards
1840 and pursue assessment of the requirements of this subsection. A
1841 character development program that incorporates the values of
1842 the recipients of the Congressional Medal of Honor and that is
1843 offered as part of a social studies, English Language Arts, or
1844 other schoolwide character building and veteran awareness
1845 initiative meets the requirements of paragraphs (s) and (t).
1846 Section 21. Subsections (3) and (5) of section 1003.4203,
1847 Florida Statutes, are amended to read:
1848 1003.4203 Digital materials, CAPE Digital Tool
1849 certificates, and technical assistance.—
1850 (3) CAPE DIGITAL TOOL CERTIFICATES.—The department shall
1851 identify, in the CAPE Industry Certification Funding List under
1852 ss. 1003.492 and 1008.44 by June 15 of each year, CAPE Digital
1853 Tool certificates that indicate a student’s digital skills. The
1854 department shall notify each school district when the
1855 certificates are available. The certificates shall be made
1856 available to all public elementary and middle grades students.
1857 (a) Targeted skills to be mastered for the certificate
1858 include digital skills that are necessary to the student’s
1859 academic work and skills the student may need in future
1860 employment. The skills must include, but are not limited to,
1861 word processing; spreadsheets; presentations, including sound,
1862 motion, and color presentations; digital arts; cybersecurity;
1863 and coding consistent with CAPE industry certifications that are
1864 listed on the CAPE Industry Certification Funding List, pursuant
1865 to ss. 1003.492 and 1008.44. CAPE Digital Tool certificates
1866 earned by students are eligible for additional full-time
1867 equivalent membership under pursuant to s. 1011.62(1)(o)1.a.
1868 (b) The school district shall notify each middle school
1869 advisory council of the methods of delivery of the open-access
1870 content and assessments for the certificates. If there is no
1871 middle school advisory council, notification must be provided to
1872 the district advisory council.
1873 (c) The Legislature intends that by July 1, 2018, on an
1874 annual basis, at least 75 percent of public middle grades
1875 students earn at least one CAPE Digital Tool certificate.
1876 (5) CAPE INNOVATION AND CAPE ACCELERATION.—
1877 (a) CAPE Innovation.—Up to five Courses identified in the
1878 CAPE Industry Certification Funding List which annually approved
1879 by the commissioner that combine academic and career content,
1880 and performance outcome expectations that, if achieved by a
1881 student, shall articulate for college credit and be eligible for
1882 additional full-time equivalent membership under pursuant to s.
1883 1011.62(1)(o)1.c. Such approved courses must incorporate at
1884 least two third-party assessments that, if successfully
1885 completed by a student, shall articulate for college credit. At
1886 least one of the two third-party assessments must be associated
1887 with an industry certification that is identified on the CAPE
1888 Industry Certification Funding List. Each course that is
1889 approved by the commissioner must be specifically identified in
1890 the Course Code Directory as a CAPE Innovation Course.
1891 (b) CAPE Acceleration.—Industry certifications, annually
1892 approved by the commissioner, that articulate for 15 or more
1893 college credit hours and, if successfully completed, are shall
1894 be eligible for additional full-time equivalent membership under
1895 pursuant to s. 1011.62(1)(o)1.d. Each approved industry
1896 certification must be specifically identified in the CAPE
1897 Industry Certification Funding List as a CAPE Acceleration
1898 Industry Certification.
1899 Section 22. Subsections (3) and (5) of section 1003.491,
1900 Florida Statutes, are amended to read:
1901 1003.491 Florida Career and Professional Education Act.—The
1902 Florida Career and Professional Education Act is created to
1903 provide a statewide planning partnership between the business
1904 and education communities in order to attract, expand, and
1905 retain targeted, high-value industry and to sustain a strong,
1906 knowledge-based economy.
1907 (3) The strategic 3-year plan developed jointly by the
1908 local school district, local workforce development boards,
1909 economic development agencies, and state-approved postsecondary
1910 institutions shall be constructed and based on:
1911 (a) Research conducted to objectively determine local and
1912 regional workforce needs for the ensuing 3 years, using labor
1913 projections as identified by the Labor Market Estimating
1914 Conference created in s. 216.136 of the United States Department
1915 of Labor and the Department of Economic Opportunity;
1916 (b) Strategies to develop and implement career academies or
1917 career-themed courses based on occupations identified by the
1918 Labor Market Estimating Conference created in s. 216.136 those
1919 careers determined to be high-wage, high-skill, and high-demand;
1920 (c) Strategies to provide shared, maximum use of private
1921 sector facilities and personnel;
1922 (d) Strategies that ensure instruction by industry
1923 certified faculty and standards and strategies to maintain
1924 current industry credentials and for recruiting and retaining
1925 faculty to meet those standards;
1926 (e) Strategies to provide personalized student advisement,
1927 including a parent-participation component, and coordination
1928 with middle grades to promote and support career-themed courses
1929 and education planning;
1930 (f) Alignment of requirements for middle school career
1931 planning, middle and high school career and professional
1932 academies or career-themed courses leading to industry
1933 certification or postsecondary credit, and high school
1934 graduation requirements;
1935 (g) Provisions to ensure that career-themed courses and
1936 courses offered through career and professional academies are
1937 academically rigorous, meet or exceed appropriate state-adopted
1938 subject area standards, result in attainment of industry
1939 certification, and, when appropriate, result in postsecondary
1940 credit;
1941 (h) Plans to sustain and improve career-themed courses and
1942 career and professional academies;
1943 (i) Strategies to improve the passage rate for industry
1944 certification examinations if the rate falls below 50 percent;
1945 (j) Strategies to recruit students into career-themed
1946 courses and career and professional academies which include
1947 opportunities for students who have been unsuccessful in
1948 traditional classrooms but who are interested in enrolling in
1949 career-themed courses or a career and professional academy.
1950 School boards shall provide opportunities for students who may
1951 be deemed as potential dropouts or whose cumulative grade point
1952 average drops below a 2.0 to enroll in career-themed courses or
1953 participate in career and professional academies. Such students
1954 must be provided in-person academic advising that includes
1955 information on career education programs by a certified school
1956 counselor or the school principal or his or her designee during
1957 any semester the students are at risk of dropping out or have a
1958 cumulative grade point average below a 2.0;
1959 (k) Strategies to provide sufficient space within academies
1960 to meet workforce needs and to provide access to all interested
1961 and qualified students;
1962 (l) Strategies to implement career-themed courses or career
1963 and professional academy training that lead to industry
1964 certification in juvenile justice education programs;
1965 (m) Opportunities for high school students to earn weighted
1966 or dual enrollment credit for higher-level career and technical
1967 courses;
1968 (n) Promotion of the benefits of the Gold Seal Bright
1969 Futures Scholarship;
1970 (o) Strategies to ensure the review of district pupil
1971 progression plans and to amend such plans to include career
1972 themed courses and career and professional academy courses and
1973 to include courses that may qualify as substitute courses for
1974 core graduation requirements and those that may be counted as
1975 elective courses;
1976 (p) Strategies to provide professional development for
1977 secondary certified school counselors on the benefits of career
1978 and professional academies and career-themed courses that lead
1979 to industry certification; and
1980 (q) Strategies to redirect appropriated career funding in
1981 secondary and postsecondary institutions to support career
1982 academies and career-themed courses that lead to industry
1983 certification.
1984 (5)(a) The Commissioner of Education shall conduct an
1985 annual review of K-12 and postsecondary career and technical
1986 education offerings that, at a minimum, must examine:, in
1987 consultation with the Department of Economic Opportunity,
1988 CareerSource Florida, Inc., leaders of business and industry,
1989 the Board of Governors, the Florida College System, school
1990 districts, and other education stakeholders, to determine the
1991 alignment of existing offerings with employer demand,
1992 postsecondary degree or certificate programs, and professional
1993 industry certifications. The review shall identify career and
1994 technical education offerings that are linked to occupations
1995 that are in high demand by employers, require high-level skills,
1996 and provide middle-level and high-level wages.
1997 1. Alignment of offerings with the framework of quality
1998 under s. 445.004(4).
1999 2. Alignment of offerings at the K-12 and postsecondary
2000 levels with credentials or degree programs identified on the
2001 Master Credentials List under s. 445.004(4).
2002 3. Program utilization and unwarranted duplication across
2003 institutions serving the same students in a geographical or
2004 service area.
2005 4. Institutional performance measured by student outcomes
2006 such as academic achievement, college readiness, postsecondary
2007 enrollment, credential and certification attainment, job
2008 placement, and wages.
2009 (b) The annual review shall utilize data captured through
2010 the Workforce Development Information System under s. 1008.40
2011 and provide an automated data collection process that includes
2012 the collection and evaluation of the federal Comprehensive Local
2013 Needs Assessments, to assist in the review of programs.
2014 (c)(b) Using the findings from the annual review required
2015 in paragraphs (a) and (b) paragraph (a), the commissioner shall
2016 phase out career and technical education offerings that are not
2017 aligned with the framework of quality, do not meet labor market
2018 demand under s. 445.004(4), do not meet institutional
2019 performance, or are unwarranted program duplications. The
2020 commissioner shall needs of employers or do not provide program
2021 completers with a middle-wage or high-wage occupation and
2022 encourage school districts and Florida College System
2023 institutions to offer programs that are not offered currently.
2024 (d) The department shall adopt rules to administer this
2025 section.
2026 Section 23. Subsections (2) through (5) of section
2027 1003.492, Florida Statutes, are amended to read:
2028 1003.492 Industry-certified career education programs.—
2029 (2) Industry certification as used in this section is a
2030 voluntary process through which students are assessed by an
2031 independent, third-party certifying entity using predetermined
2032 standards for knowledge, skills, and competencies, resulting in
2033 the award of a credential that is identified on the Master
2034 Credentials List under s. 445.004(4) nationally recognized and
2035 must be at least one of the following:
2036 (a) Within an industry that addresses a critical local or
2037 statewide economic need;
2038 (b) Linked to an occupation that is included in the
2039 workforce system’s targeted occupation list; or
2040 (c) Linked to an occupation that is identified as emerging.
2041 (3) The State Board of Education shall use the expertise of
2042 CareerSource Florida, Inc., and the Department of Agriculture
2043 and Consumer Services to develop and adopt rules pursuant to ss.
2044 120.536(1) and 120.54 for implementing an industry certification
2045 process.
2046 (a) For nonfarm occupations, industry certification must be
2047 based upon the highest available national standards for specific
2048 industry certification to ensure student skill proficiency and
2049 to address emerging labor market and industry trends. A local
2050 workforce development board or a school principal may apply to
2051 CareerSource Florida, Inc., to request additions to the approved
2052 list of industry certifications based on high-skill, high-wage,
2053 and high-demand job requirements in the local economy.
2054 (b) For farm occupations submitted pursuant to s. 570.07,
2055 industry certification must demonstrate student skill
2056 proficiency and be based upon the best available data to address
2057 critical local or statewide economic needs.
2058 (4) The list of industry certifications approved by
2059 CareerSource Florida, Inc., the Department of Agriculture and
2060 Consumer Services, and the Department of Education shall be
2061 published and updated annually by a date certain, to be included
2062 in the adopted rule.
2063 (3)(5) The Department of Education shall collect student
2064 achievement and performance data in industry-certified career
2065 education programs and career-themed courses which includes and
2066 shall work with CareerSource Florida, Inc., and the Department
2067 of Agriculture and Consumer Services in the analysis of
2068 collected data. The data collection and analyses shall examine
2069 the performance of participating students over time. Performance
2070 factors must include, but need not be limited to, graduation
2071 rates, retention rates, Florida Bright Futures Scholarship
2072 awards, additional educational attainment, employment records,
2073 earnings, industry certification, return on investment, and
2074 employer satisfaction. The results of this study shall be
2075 submitted to the President of the Senate and the Speaker of the
2076 House of Representatives annually by December 31.
2077 Section 24. Subsections (2) and (3) of section 1003.4935,
2078 Florida Statutes, are amended to read:
2079 1003.4935 Middle grades career and professional academy
2080 courses and career-themed courses.—
2081 (2) Each middle grades career and professional academy or
2082 career-themed course must be aligned with at least one high
2083 school career and professional academy or career-themed course
2084 offered in the district and maintain partnerships with local
2085 business and industry and economic development boards. Middle
2086 grades career and professional academies and career-themed
2087 courses must:
2088 (a) Lead to careers in occupations aligned to designated as
2089 high-skill, high-wage, and high-demand in the CAPE Industry
2090 Certification Funding List approved under rules adopted by the
2091 State Board of Education;
2092 (b) Integrate content from core subject areas;
2093 (c) Integrate career and professional academy or career
2094 themed course content with intensive reading, English Language
2095 Arts, and mathematics pursuant to s. 1003.4282;
2096 (d) Coordinate with high schools to maximize opportunities
2097 for middle grades students to earn high school credit;
2098 (e) Provide access to virtual instruction courses provided
2099 by virtual education providers legislatively authorized to
2100 provide part-time instruction to middle grades students. The
2101 virtual instruction courses must be aligned to state curriculum
2102 standards for middle grades career and professional academy
2103 courses or career-themed courses, with priority given to
2104 students who have required course deficits;
2105 (f) Provide instruction from highly skilled professionals
2106 who hold industry certificates in the career area in which they
2107 teach;
2108 (g) Offer externships; and
2109 (h) Provide personalized student advisement that includes a
2110 parent-participation component.
2111 (3) Beginning with the 2012-2013 school year, if a school
2112 district implements a middle school career and professional
2113 academy or a career-themed course, the Department of Education
2114 shall collect and report student achievement data pursuant to
2115 performance factors identified under s. 1003.492(3) s.
2116 1003.492(5) for students enrolled in an academy or a career
2117 themed course.
2118 Section 25. Subsection (3) is added to section 1004.013,
2119 Florida Statutes, to read:
2120 1004.013 SAIL to 60 Initiative.—
2121 (3) There is created within the SAIL to 60 Initiative the
2122 Strategic Efforts to Achieve Self-Sufficiency (SEAS) which
2123 consists of:
2124 (a) The workforce opportunity portal under s. 14.36, which
2125 provides the public with more effective access to available
2126 federal, state, and local services and a systemwide, global view
2127 of workforce-related program data across various programs
2128 through actionable qualitative and quantitative information.
2129 (b) The Open Door Grant Program under s. 1009.895, which
2130 provides grants to school district’s postsecondary technical
2131 centers and Florida College System institutions to cover up to
2132 two-thirds of the cost of short-term high-demand programs for
2133 eligible students upon successful completion and award of a
2134 credential of value.
2135 (c) The Money-Back Guarantee Program under s. 1011.803,
2136 which requires each school district and Florida College System
2137 institution to refund the cost of tuition to students who are
2138 not able to find a job within 6 months of successful completion
2139 of select workforce-related programs.
2140 Section 26. Subsection (6) is added to section 1004.015,
2141 Florida Statutes, to read:
2142 1004.015 Florida Talent Development Council.—
2143 (6) The council shall coordinate, facilitate, and
2144 communicate statewide efforts to meet supply and demand needs
2145 for the state’s healthcare workforce. Annually, beginning
2146 December 1, 2021, the council shall report on the implementation
2147 of this subsection and any other relevant information on the
2148 Florida Talent Development Council’s webpage located on the
2149 Department of Economic Opportunity’s website. To support the
2150 efforts of the council, the Board of Governors and the State
2151 Board of Education shall:
2152 (a) Conduct a statistically valid biennial data-driven gap
2153 analysis of the supply and demand of the healthcare workforce.
2154 Demand must align with the Labor Market Estimating Conference
2155 created in s. 216.136.
2156 (b) Provide 10-year trend information on nursing education
2157 programs subject to the requirements of s. 464.019. The
2158 Department of Health, the Board of Governors, the State Board of
2159 Education, the Commission for Independent Education, the
2160 Independent Colleges and Universities of Florida, and
2161 postsecondary institutions participating in a state grant
2162 program under s. 1009.89 or s. 1009.891 shall provide data on:
2163 1. The number and type of programs and student slots
2164 available.
2165 2. The number of student applications submitted, the number
2166 of qualified student applicants, and the number of students
2167 accepted.
2168 3. The number of program graduates.
2169 4. Program retention rates of students tracked from program
2170 entry to graduation.
2171 5. Graduate passage rates on and the number of times each
2172 graduate took the National Council of State Boards of Nursing
2173 Licensing Examination.
2174 6. The number of graduates who become employed as practical
2175 or professional nurses in this state.
2176 7. The educational advancement of nurses through career
2177 pathways by comparing their initial degree to the highest degree
2178 they obtained for the preceding 10 years.
2179 (c) Develop a survey for use by the Department of Health,
2180 the Commission for Independent Education, the Independent
2181 Colleges and Universities of Florida, and postsecondary
2182 institutions participating in a state grant program under s.
2183 1009.89 or s. 1009.891, to collect data required under paragraph
2184 (b). The survey must include, but is not limited to, a student’s
2185 age, gender, race, ethnicity, veteran status, wage, employer
2186 information, loan debt, and retirement expectations.
2187 Section 27. Subsections (12) and (25) of section 1004.02,
2188 Florida Statutes, are amended to read:
2189 1004.02 Definitions.—As used in this chapter:
2190 (12) “Continuing workforce education” means instruction
2191 that does not result in a registered apprenticeship certificate
2192 of completion, technical certificate, diploma, associate in
2193 applied science degree, or associate in science degree.
2194 Continuing workforce education is for:
2195 (a) Individuals who are required to have training for
2196 licensure renewal or certification renewal by a regulatory
2197 agency or credentialing body;
2198 (b) New or expanding businesses as described in chapter
2199 288;
2200 (c) Business, industry, and government agencies whose
2201 products or services are changing so that retraining of
2202 employees is necessary or whose employees need training in
2203 specific skills to increase efficiency and productivity; or
2204 (d) Individuals who are enhancing occupational skills
2205 necessary to maintain current employment, to cross train, or to
2206 upgrade employment.
2207 (25) “Workforce education” means adult general education or
2208 career education and may consist of a continuing workforce
2209 education course or a program of study leading to an
2210 occupational completion point, a career certificate, an applied
2211 technology diploma, or a career degree, or a registered
2212 apprenticeship certificate of completion.
2213 Section 28. Section 1006.75, Florida Statutes, is created
2214 to read:
2215 1006.75 Student career services.—
2216 (1) Each career center, charter technical center, Florida
2217 College System institution, and state university shall ensure
2218 that their student career service centers and job placement
2219 resources prepare students for employment upon completion of
2220 their academic work.
2221 (2) Student career service centers shall, to the extent
2222 possible, use state career planning resources to assist students
2223 with all of the following:
2224 (a) Exploring and identifying career opportunities.
2225 (b) Identifying in-demand jobs and associated earning
2226 outcomes.
2227 (c) Understanding the skills and credentials needed for
2228 specific jobs.
2229 (d) Identifying opportunities to gain on-the-job
2230 experiences.
2231 (e) Creating a digital resume.
2232 Section 29. Present subsections (4) through (9) of section
2233 1007.25, Florida Statutes, are redesignated as subsections (5)
2234 through (10), respectively, present subsections (10), (11), and
2235 (12) are redesignated as subsections (12), (13), and (14),
2236 respectively, new subsections (4) and (11) are added to that
2237 section, and present subsections (3) and (5) are amended, to
2238 read:
2239 1007.25 General education courses; common prerequisites;
2240 other degree requirements.—
2241 (3) The chair of the State Board of Education and the chair
2242 of the Board of Governors, or their designees, shall jointly
2243 appoint faculty committees to identify statewide general
2244 education core course options. General education core course
2245 options shall consist of a maximum of five courses within each
2246 of the subject areas of communication, mathematics, social
2247 sciences, humanities, and natural sciences. The core courses may
2248 be revised, or the five-course maximum within each subject area
2249 may be exceeded, if approved by the State Board of Education and
2250 the Board of Governors, as recommended by the subject area
2251 faculty committee and approved by the Articulation Coordinating
2252 Committee as necessary for a subject area. Each general
2253 education core course option must contain high-level academic
2254 and critical thinking skills and common competencies that
2255 students must demonstrate to successfully complete the course.
2256 Beginning with students initially entering a Florida College
2257 System institution or state university in 2015-2016 and
2258 thereafter, each student must complete at least one identified
2259 core course in each subject area as part of the general
2260 education course requirements. Beginning in the 2022-2023
2261 academic year and thereafter, students entering a technical
2262 degree education program as defined in s. 1004.02(13) must
2263 complete at least one identified core course in each subject
2264 area as part of the general education course requirements before
2265 a degree is awarded. All public postsecondary educational
2266 institutions shall accept these courses as meeting general
2267 education core course requirements. The remaining general
2268 education course requirements shall be identified by each
2269 institution and reported to the department by their statewide
2270 course number. The general education core course options shall
2271 be adopted in rule by the State Board of Education and in
2272 regulation by the Board of Governors.
2273 (4) The chair of the State Board of Education and the chair
2274 of the Board of Governors, or their designees, shall jointly
2275 appoint faculty committees to identify the competencies within
2276 the general education core courses which demonstrate career
2277 readiness and will result in the award of a verifiable and
2278 interoperable, nationally recognized digital credential. All
2279 public postsecondary educational institutions shall grant and
2280 accept the identified digital credential. Beginning with
2281 students initially entering a Florida College System institution
2282 or state university in 2022-2023 and thereafter, each student
2283 must be able to distinguish in the institution’s or university’s
2284 catalog which general education core courses are linked to
2285 earning a digital credential.
2286 (6)(5) The department shall identify those courses offered
2287 by universities and accepted for credit toward a degree. The
2288 department shall identify courses designated as either general
2289 education or required as a prerequisite for a degree and the
2290 digital credentials that may be earned through the general
2291 education core courses. The courses shall be identified by their
2292 statewide course numbers.
2293 (11) Courses that provide instruction in student life
2294 skills, including career planning and exploration, or similar
2295 instruction, and fulfill the requirements for a degree in
2296 subsection (9) or subsection (10) or a degree from a technical
2297 degree education program as defined in s. 1004.02(13), may use
2298 state career planning resources and provide students with the
2299 opportunity to create a digital resume.
2300 Section 30. Subsection (2) of section 1008.39, Florida
2301 Statutes, is amended to read:
2302 1008.39 Florida Education and Training Placement
2303 Information Program.—
2304 (2) Any project conducted by the Department of Education or
2305 the workforce development system that requires placement
2306 information shall use information provided through the Florida
2307 Education and Training Placement Information Program, and shall
2308 not initiate automated matching of records in duplication of
2309 methods already in place in the Florida Education and Training
2310 Placement Information Program. The department shall implement an
2311 automated system which matches the social security numbers of
2312 former participants in workforce-related programs as defined in
2313 s. 14.36 and state educational and training programs with
2314 information in the files of state and federal agencies that
2315 maintain educational, employment, and United States armed
2316 service records and shall implement procedures to identify the
2317 occupations of those former participants whose social security
2318 numbers are found in employment records, as required by Specific
2319 Appropriation 337A, chapter 84-220, Laws of Florida; Specific
2320 Appropriation 337B, chapter 85-119, Laws of Florida; Specific
2321 Appropriation 350A, chapter 86-167, Laws of Florida; and
2322 Specific Appropriation 351, chapter 87-98, Laws of Florida. The
2323 system shall incorporate data collection elements prescribed by
2324 the Credentials Review Committee under s. 445.004.
2325 Section 31. Section 1008.40, Florida Statutes, is amended
2326 to read:
2327 1008.40 Workforce Development Information System.—The
2328 Department of Education shall:
2329 (1) Design specifications for the collection and reporting
2330 of data and performance specifications for the Workforce
2331 Development Information System. This design must:
2332 (a) Use common terms and enable parallel reporting and
2333 state-level access of workforce data necessary to use the data
2334 reports as a basis for calculating funding allocations,
2335 conducting audits, and determining compliance of workforce
2336 related programs, as defined in s. 14.36, and education and
2337 training programs with applicable federal and state requirements
2338 as authorized by federal and state law. This includes
2339 establishing a process for the collection, review, and reporting
2340 of Comprehensive Local Needs Assessments as required by federal
2341 law.
2342 (b) Provide In addition, the design must be capable of
2343 providing reports necessary to comply with other program
2344 performance documentation required by state or federal law,
2345 without requiring additional data collection or reporting from
2346 local educational agencies.
2347 (c) Link data from multiple sources for consideration in
2348 developing broad public policy initiatives for workforce-related
2349 programs as defined in s. 14.36.
2350 (2) Develop the computer programs, software, and edit
2351 processes necessary for local and state users to produce a
2352 single, unified Workforce Development Information System.
2353 (3) Work with the Department of Economic Opportunity, the
2354 Department of Children and Families, and other entities to
2355 define statewide education, workforce development, and
2356 employment metrics and ensure the integrity and quality of data
2357 being collected.
2358 (4) Develop a workforce development metrics dashboard that
2359 measures the state’s investments in workforce development. To
2360 the extent feasible, the dashboard shall use statistically
2361 rigorous methodologies to estimate, assess, and isolate the
2362 impact of programs on participant outcomes. The workforce
2363 development metrics dashboard shall be produced, to the extent
2364 feasible, using existing available data and resources that are
2365 currently collected and accessible to state agencies. The
2366 department shall convene workforce-related program partners to
2367 develop a standardized set of inputs and outputs for the
2368 workforce development metrics dashboard. The workforce
2369 development metrics dashboard must:
2370 (a) Display the impact of workforce-related programs, as
2371 defined in s. 14.36, on credential attainment, training
2372 completion, degree attainment, and participant wages.
2373 (b) Provide demographic breakdowns, including, to the
2374 extent possible, race, ethnicity, age, gender, veteran status,
2375 wage, student loan debt, barriers to employment, and credential
2376 or degree outcomes, and information on workforce outcomes in
2377 different industry sectors.
2378 (c) Measure, at a minimum and to the extent feasible with
2379 existing resources, the return on investment of the following
2380 workforce-related programs:
2381 1. Career and technical education offered by school
2382 districts and Florida College System institutions.
2383 2. Workforce-related programs as defined in s. 14.36.
2384 3. State apprenticeship programs.
2385 (d) Provide performance data on training providers to
2386 enable individuals to make informed choices.
2387 Section 32. Subsection (3) of section 1008.41, Florida
2388 Statutes, is amended to read:
2389 1008.41 Workforce education; management information
2390 system.—
2391 (3) Planning and evaluation of job-preparatory programs
2392 shall be based on standard sources of data and use standard
2393 occupational definitions and coding structures, including, but
2394 not limited to:
2395 (a) The Florida Occupational Information System.;
2396 (b) The Florida Education and Training Placement
2397 Information Program.;
2398 (c) The Department of Economic Opportunity.;
2399 (d) The United States Department of Labor.; and
2400 (e) The Labor Market Estimating Conference created in s.
2401 216.136.
2402 (f)(e) Other sources of data developed using statistically
2403 valid procedures.
2404 Section 33. Subsections (1) and (2) and paragraph (c) of
2405 subsection (4) of section 1008.44, Florida Statutes, are amended
2406 to read:
2407 1008.44 CAPE Industry Certification Funding List and CAPE
2408 Postsecondary Industry Certification Funding List.—
2409 (1) The State Board of Education Pursuant to ss. 1003.4203
2410 and 1003.492, the Department of Education shall adopt, at least
2411 annually, based upon recommendations by the Commissioner of
2412 Education the CAPE Industry Certification Funding List that
2413 assigns additional full-time equivalent membership to
2414 certifications identified in the Master Credentials List under
2415 s. 445.004(4) that meets a statewide, regional, or local demand,
2416 and courses that lead to such certifications, in accordance with
2417 s. 1011.62(1)(o). Additional full-time equivalent membership
2418 funding for regional and local demand certifications and courses
2419 that lead to such certifications may only be earned in those
2420 areas with regional or local demand as identified by the
2421 Credentials Review Committee. identify, under rules adopted by
2422 the State Board of Education, and the Commissioner of Education
2423 may at any time recommend adding The CAPE Industry Certification
2424 Funding List may include the following certificates,
2425 certifications, and courses:
2426 (a) CAPE industry certifications identified as credentials
2427 of value that meet the framework of quality under pursuant to s.
2428 445.004(4), on the CAPE Industry Certification Funding List that
2429 must be applied in the distribution of funding to school
2430 districts under pursuant to s. 1011.62(1)(o). The CAPE Industry
2431 Certification Funding List shall incorporate by reference the
2432 industry certifications on the career pathways list approved for
2433 the Florida Gold Seal CAPE Vocational Scholars award. In
2434 addition, by August 1 of each year, the not-for-profit
2435 corporation established pursuant to s. 445.004 may annually
2436 select one industry certification, that does not articulate for
2437 college credit, for inclusion on the CAPE Industry Certification
2438 Funding List for a period of 3 years unless otherwise approved
2439 by the curriculum review committee pursuant to s. 1003.491. Such
2440 industry certifications, if earned by a student, shall be
2441 eligible for additional full-time equivalent membership,
2442 pursuant to s. 1011.62(1)(o)1.
2443 (b) No more than 30 CAPE Digital Tool certificates under
2444 limited to the areas of word processing; spreadsheets; sound,
2445 motion, and color presentations; digital arts; cybersecurity;
2446 and coding pursuant to s. 1003.4203(3) that do not articulate
2447 for college credit. Such certificates shall be annually
2448 identified on the CAPE Industry Certification Funding List and
2449 updated solely by the Chancellor of Career and Adult Education.
2450 The certificates shall be made available to students in
2451 elementary school and middle school grades and, if earned by a
2452 student, shall be eligible for additional full-time equivalent
2453 membership under pursuant to s. 1011.62(1)(o)1.
2454 (c) CAPE ESE Digital Tool certificates, workplace industry
2455 certifications, and OSHA industry certifications identified by
2456 the Chancellor of Career and Adult Education for students with
2457 disabilities under pursuant to s. 1003.4203(2). Such
2458 certificates and certifications shall be identified on the CAPE
2459 Industry Certification Funding List and, if earned by a student,
2460 be eligible for additional full-time equivalent membership under
2461 pursuant to s. 1011.62(1)(o)1.
2462 (d) CAPE Innovation Courses that combine academic and
2463 career performance outcomes with embedded industry
2464 certifications under shall be annually approved by the
2465 Commissioner of Education and identified pursuant to s.
2466 1003.4203(5)(a). Such courses shall and, if completed by a
2467 student, be eligible for additional full-time equivalent
2468 membership under pursuant to s. 1011.62(1)(o)1.
2469 (e) CAPE Acceleration Industry Certifications that
2470 articulate for 15 or more college credit hours under pursuant to
2471 s. 1003.4203(5)(b). Such certifications shall be annually
2472 approved by the Commissioner of Education and, if successfully
2473 completed, shall be eligible for additional full-time equivalent
2474 membership under pursuant to s. 1011.62(1)(o)1. The approved
2475 industry certifications must be identified on the CAPE Industry
2476 Certification Funding List.
2477 (f) The Commissioner of Education shall conduct a review of
2478 the methodology used to determine additional full-time
2479 equivalent membership weights assigned in s. 1011.62(1)(o) and,
2480 if necessary, recommend revised weights. The weights must factor
2481 in the prioritization of critical shortages of labor market
2482 demand and middle-level to high-level wage earning outcomes as
2483 identified by the Credentials Review Committee under s. 445.004.
2484 The results of the review and the commissioner’s recommendations
2485 must be submitted to the Governor, the President of the Senate,
2486 and the Speaker of the House of Representatives no later than
2487 December 1, 2021.
2488 (2) The State Board of Education shall approve, at least
2489 annually, the CAPE Postsecondary Industry Certification Funding
2490 List pursuant to this section. The Commissioner of Education
2491 shall recommend, at least annually, the CAPE Postsecondary
2492 Industry Certification Funding List to the State Board of
2493 Education and may at any time recommend adding certifications.
2494 The Chancellor of the State University System, the Chancellor of
2495 the Florida College System, and the Chancellor of Career and
2496 Adult Education shall work with local workforce boards, other
2497 postsecondary institutions, businesses, and industry to
2498 identify, create, and recommend to the Commissioner of Education
2499 industry certifications to be placed on the funding list. The
2500 CAPE Industry Certification Funding List adopted under
2501 subsection (1) must list shall be used to determine annual
2502 performance funding distributions to school districts or Florida
2503 College System institutions as specified in ss. 1011.80 and
2504 1011.81, respectively. The chancellors shall review results of
2505 the economic security report of employment and earning outcomes
2506 produced annually pursuant to s. 445.07 when determining
2507 recommended certifications for the list, as well as other
2508 reports and indicators available regarding certification needs.
2509 (4)
2510 (c) The Articulation Coordinating Committee shall review
2511 statewide articulation agreement proposals for industry
2512 certifications and make recommendations to the State Board of
2513 Education for approval. After an industry certification is
2514 approved by CareerSource Florida, Inc., under s. 445.004(4)
2515 adopted by the State Board of Education for inclusion on the
2516 CAPE Industry Certification Funding List, the Chancellor of
2517 Career and Adult Education, within 90 days, must provide to the
2518 Articulation Coordinating Committee recommendations for
2519 articulation of postsecondary credit for related degrees for the
2520 approved certifications.
2521 Section 34. Section 1009.895, Florida Statutes, is created
2522 to read:
2523 1009.895 Open Door Grant Program.—
2524 (1) As used in this section, the term:
2525 (a) “Cost of the program” means the cost of tuition, fees,
2526 examination, books, and materials to a student enrolled in an
2527 eligible program.
2528 (b) “Department” means the Department of Education.
2529 (c) “Institution” means school district postsecondary
2530 technical career centers under s. 1001.44, Florida College
2531 System institutions under s. 1000.21(3), and charter technical
2532 career centers under s. 1002.34.
2533 (d) “Program” means a noncredit industry certification
2534 preparation, clock-hour career certificate programs, or for
2535 credit short-term career and technical education programs that
2536 result in the award of credentials identified under s.
2537 445.004(4).
2538 (e) “Student” means a person who is a resident of this
2539 state as determined under s. 1009.21 and is unemployed,
2540 underemployed, or furloughed.
2541 (2) The Open Door Grant Program is established for the
2542 purpose of:
2543 (a) Creating and sustaining a demand-driven supply of
2544 credentialed workers for high-demand occupations by addressing
2545 and closing the gap between the skills needed by workers in this
2546 state and the skills of the available workforce in this state.
2547 (b) Expanding the affordability of workforce training and
2548 credentialing.
2549 (c) Increasing the interest of current and future workers
2550 in short-term, high-demand career and technical education
2551 credentialing and certificate programs.
2552 (3) The department shall provide grants to institutions on
2553 a first-come, first-serve basis for students who enroll in an
2554 eligible program. The department shall prioritize funding for
2555 integrated education and training programs in which institutions
2556 establish partnerships with local workforce development boards
2557 to provide basic skills instruction, contextually and
2558 concurrently, with workforce training that results in the award
2559 of credentials under s. 445.004(4). One-quarter of the
2560 appropriated funds must be prioritized to serve students
2561 attending rural institutions. No more than one-quarter of the
2562 appropriated funds may be disbursed annually to any eligible
2563 institution.
2564 (4) To be eligible to receive an open door grant under this
2565 section, a student must complete the Free Application for
2566 Federal Student Aid for each academic year in which the grant is
2567 sought.
2568 (5) Subject to the availability of funds:
2569 (a) A student who enrolls in an eligible program offered by
2570 an institution and who does not receive state or federal
2571 financial aid may apply for and be awarded a grant to cover two
2572 thirds of the cost of the program, if at the time of enrollment
2573 the student pays one-third of the cost of the program and signs
2574 an agreement to either complete the program or pay an additional
2575 one-third of the cost of the program in the event of
2576 noncompletion. The department shall reimburse the institution in
2577 an amount equal to one-third of the cost of the program upon a
2578 student’s completion of the program. An additional one-third
2579 shall be provided upon attainment of a workforce credential or
2580 certificate by the student. Grant funds may be used to cover the
2581 student’s one-third of the cost of the program for students in
2582 integrated education and training programs and students who do
2583 not have a high school diploma and meet the requirements
2584 established by the department.
2585 (b) A student receiving state or federal financial aid who
2586 enrolls in an eligible program offered by an institution may
2587 apply for and be awarded a grant to cover the unmet need of the
2588 cost of the program after the application of all eligible
2589 financial aid. Financial aid and grants received by the student
2590 shall be credited first to the student’s costs before the award
2591 of an open door grant. After a student is enrolled in an
2592 eligible program, the department shall award the grant to the
2593 institution for the amount of unmet need for the eligible
2594 student.
2595 (6) The department may not reimburse any institution more
2596 than $3,000 per completed workforce training program by an
2597 eligible student.
2598 (7) The department shall administer the grant and shall
2599 carry out the goals and purposes of the grant set forth in
2600 subsection (2). In administering the grant, the department
2601 shall:
2602 (a) Require eligible institutions to provide student
2603 specific data.
2604 (b) Undertake periodic assessments of the overall success
2605 of the grant program and recommend modifications, interventions,
2606 and other actions based on such assessments.
2607 (c) Establish the procedure by which eligible institutions
2608 shall notify the department when eligible students enroll in
2609 eligible programs.
2610 (d) Require each eligible institution to submit a report
2611 with data from the previous fiscal year on program completion
2612 and credential attainment by students participating in the grant
2613 program that, at a minimum, includes:
2614 1. A list of the programs offered.
2615 2. The number of students who enrolled in the programs.
2616 3. The number of students who completed the programs.
2617 4. The number of students who attained workforce
2618 credentials, categorized by credential name and relevant
2619 occupation, after completing training programs.
2620 5. The average cost per workforce credential attained,
2621 categorized by credential name and relevant occupation.
2622 (8) The department shall compile the data provided under
2623 paragraph (7)(d) and annually report such data, in the aggregate
2624 and categorize such information by eligible institution, to the
2625 State Board of Education. The report shall also include
2626 information on the average wage, age, gender, race, ethnicity,
2627 veteran status, and other relevant information, of students who
2628 have completed workforce training programs categorized by
2629 credential name and relevant occupation.
2630 (9) The State Board of Education shall adopt rules to
2631 implement this section.
2632 Section 35. Present subsections (10), (11), and (12), of
2633 section 1011.80, Florida Statutes, are redesignated as
2634 subsections (9), (10), and (13), respectively, a new subsection
2635 (12) is added to that section, and subsection (2), paragraph (a)
2636 of subsection (6), paragraph (b) of subsection (7), and
2637 subsection (9) of that section are amended, to read:
2638 1011.80 Funds for operation of workforce education
2639 programs.—
2640 (2) Upon approval by the State Board of Education, any
2641 workforce education program may be conducted by a Florida
2642 College System institution or a school district, except that
2643 college credit in an associate in applied science or an
2644 associate in science degree may be awarded only by a Florida
2645 College System institution. However, if an associate in applied
2646 science or an associate in science degree program contains
2647 within it an occupational completion point that confers a
2648 certificate or an applied technology diploma, that portion of
2649 the program may be conducted by a school district career center.
2650 Any instruction designed to articulate to a degree program is
2651 subject to guidelines and standards adopted by the State Board
2652 of Education under pursuant to s. 1007.25.
2653 (a) The State Board of Education shall establish criteria,
2654 based on the framework of quality established by the Credentials
2655 Review Committee under s. 445.004(4), for review and approval of
2656 new workforce education programs by a Florida College System
2657 institution or a school district that are not included in the
2658 statewide curriculum framework.
2659 (b) A Florida College System institution or school district
2660 offering a new workforce education program in the statewide
2661 curriculum framework may not receive performance funding and
2662 additional full-time equivalent membership funding until the
2663 workforce education program is reviewed, through an expedited
2664 review process, and approved by the State Board of Education
2665 based on criteria that must include, but is not limited to, the
2666 following:
2667 1. A description of the new workforce education program
2668 that includes all of the following:
2669 a. An analysis of workforce demand and unmet need for
2670 graduates of the program on a district, regional, or statewide
2671 basis, as appropriate, including evidence from entities
2672 independent of the technical center or institution.
2673 b. The geographic region to be served.
2674 2. Documentation of collaboration among technical centers
2675 and institutions serving the same students in a geographical or
2676 service area that enhances program offerings and prevents
2677 program duplication that exceeds workforce need. Unnecessary
2678 duplication of programs offered by public and private
2679 institutions must be avoided.
2680 3. Beginning with the 2022-2023 academic year, alignment of
2681 program offerings with credentials or degree programs identified
2682 on the Master Credentials List under s. 445.004(4).
2683 4. Articulation agreements between technical centers and
2684 Florida College System institutions for the enrollment of
2685 graduates in related workforce education programs.
2686 5. Documentation of alignment between the exit requirements
2687 of a technical center and the admissions requirements of a
2688 Florida College System institution into which students typically
2689 transfer.
2690 6. Performance and compliance indicators that will be used
2691 in determining the program’s success.
2692 (6) State funding and student fees for workforce education
2693 instruction shall be established as follows:
2694 (a) Expenditures for the continuing workforce education
2695 programs provided by the Florida College System institutions or
2696 school districts must be fully supported by fees, except for
2697 preapprenticeship and apprenticeship programs as defined in s.
2698 446.021(5) and (6). Enrollments in continuing workforce
2699 education courses shall not be counted for purposes of funding
2700 full-time equivalent enrollment, except for preapprenticeship
2701 and apprenticeship programs as defined in s. 446.021(5) and (6).
2702 (7)
2703 (b) Performance funding for industry certifications for
2704 school district workforce education programs is contingent upon
2705 specific appropriation in the General Appropriations Act and
2706 shall be determined as follows:
2707 1. Occupational areas for which industry certifications may
2708 be earned, as established in the General Appropriations Act, are
2709 eligible for performance funding. Priority shall be given to the
2710 occupational areas emphasized in state, national, or corporate
2711 grants provided to Florida educational institutions.
2712 1.2. The Chancellor of Career and Adult Education shall
2713 identify the Industry certifications identified eligible for
2714 funding on the CAPE Postsecondary Industry Certification Funding
2715 List approved by the State Board of Education under pursuant to
2716 s. 1008.44, are eligible for performance funding based on the
2717 occupational areas specified in the General Appropriations Act.
2718 2.3. Each school district shall be provided $1,000 for each
2719 industry certification earned by a workforce education student.
2720 If funds are insufficient to fully fund the calculated total
2721 award, such funds shall be prorated. Beginning with the 2022
2722 2023 fiscal year, the Credentials Review Committee established
2723 in s. 445.004 shall develop a returned-value funding formula to
2724 allocate school district performance funds that rewards student
2725 job placements and wages for students earning industry
2726 certifications, with a focus on increasing the economic mobility
2727 of underserved populations. One-third of the performance funds
2728 shall be allocated based on student job placements. The
2729 remaining two-thirds shall be allocated using a tiered, weighted
2730 system based on aggregate student wages that exceed minimum
2731 wage, with the highest weight applied to the highest wage tier,
2732 with additional weight for underserved populations. Student
2733 wages above minimum wage are considered to be the value added by
2734 the institution’s training. At a minimum, the formula must take
2735 into account variables such as differences in population and
2736 wages across school districts.
2737 (9) The State Board of Education and the state board as
2738 defined in s. 445.002 shall provide the Legislature with
2739 recommended formulas, criteria, timeframes, and mechanisms for
2740 distributing performance funds. The commissioner shall
2741 consolidate the recommendations and develop a consensus proposal
2742 for funding. The Legislature shall adopt a formula and
2743 distribute the performance funds to the State Board of Education
2744 for Florida College System institutions and school districts
2745 through the General Appropriations Act. These recommendations
2746 shall be based on formulas that would discourage low-performing
2747 or low-demand programs and encourage through performance-funding
2748 awards:
2749 (a) Programs that prepare people to enter high-wage
2750 occupations identified by the Workforce Estimating Conference
2751 created by s. 216.136 and other programs as approved by the
2752 state board as defined in s. 445.002. At a minimum, performance
2753 incentives shall be calculated for adults who reach completion
2754 points or complete programs that lead to specified high-wage
2755 employment and to their placement in that employment.
2756 (b) Programs that successfully prepare adults who are
2757 eligible for public assistance, economically disadvantaged,
2758 disabled, not proficient in English, or dislocated workers for
2759 high-wage occupations. At a minimum, performance incentives
2760 shall be calculated at an enhanced value for the completion of
2761 adults identified in this paragraph and job placement of such
2762 adults upon completion. In addition, adjustments may be made in
2763 payments for job placements for areas of high unemployment.
2764 (c) Programs that are specifically designed to be
2765 consistent with the workforce needs of private enterprise and
2766 regional economic development strategies, as defined in
2767 guidelines set by the state board as defined in s. 445.002. The
2768 state board as defined in s. 445.002 shall develop guidelines to
2769 identify such needs and strategies based on localized research
2770 of private employers and economic development practitioners.
2771 (d) Programs identified by the state board as defined in s.
2772 445.002 as increasing the effectiveness and cost efficiency of
2773 education.
2774 (12) The State Board of Education shall phase out program
2775 offerings that do not align with the framework of quality or do
2776 not meet labor market demand under s. 445.004(4) or that are
2777 unwarranted program duplications.
2778 Section 36. Subsection (3) of section 1011.801, Florida
2779 Statutes, is amended to read:
2780 1011.801 Workforce Development Capitalization Incentive
2781 Grant Program.—The Legislature recognizes that the need for
2782 school districts and Florida College System institutions to be
2783 able to respond to emerging local or statewide economic
2784 development needs is critical to the workforce development
2785 system. The Workforce Development Capitalization Incentive Grant
2786 Program is created to provide grants to school districts and
2787 Florida College System institutions on a competitive basis to
2788 fund some or all of the costs associated with the creation or
2789 expansion of workforce development programs that serve specific
2790 employment workforce needs.
2791 (3) The State Board of Education shall give highest
2792 priority to programs that train people to enter high-skill,
2793 high-wage occupations identified by the Labor Market Workforce
2794 Estimating Conference and other programs approved by the state
2795 board as defined in s. 445.002, programs that train people to
2796 enter occupations under the welfare transition program, or
2797 programs that train for the workforce adults who are eligible
2798 for public assistance, economically disadvantaged, disabled, not
2799 proficient in English, or dislocated workers. The State Board of
2800 Education shall consider the statewide geographic dispersion of
2801 grant funds in ranking the applications and shall give priority
2802 to applications from education agencies that are making maximum
2803 use of their workforce development funding by offering high
2804 performing, high-demand programs.
2805 Section 37. Present subsection (4) of section 1011.802,
2806 Florida Statutes, is redesignated as subsection (6) and amended,
2807 new subsections (4) and (5) are added to that section, and
2808 subsection (3) of that section is amended, to read:
2809 1011.802 Florida Pathways to Career Opportunities Grant
2810 Program.—
2811 (3)(a) The department shall award grants for
2812 preapprenticeship or give priority to apprenticeship programs
2813 with demonstrated regional demand that:
2814 1. Address a critical statewide or regional shortage as
2815 identified by the Labor Market Estimating Conference created in
2816 s. 216.136 and that are industry sectors not adequately
2817 represented throughout this state, such as health care;
2818 2. Address a critical statewide or regional shortage as
2819 identified by the Labor Market Estimating Conference created in
2820 s. 216.136; or
2821 3. Expand existing programs that exceed the median
2822 completion rate and employment rate 1 year after completion of
2823 similar programs in the region, or the state if there are no
2824 similar programs in the region.
2825 (b) Grant funds may be used for instructional equipment,
2826 supplies, instructional personnel, student services, and other
2827 expenses associated with the creation or expansion of an
2828 apprenticeship program. Grant funds may not be used for
2829 recurring instructional costs or for indirect costs. Grant
2830 recipients must submit quarterly reports in a format prescribed
2831 by the department.
2832 (4) The department shall annually report on its website:
2833 (a) The number of programs funded and represented
2834 throughout the state under this section.
2835 (b) Retention, completion, and employment rates,
2836 categorized by program and provider.
2837 (c) Starting and ending salaries, as categorized by program
2838 and provider, for participants who complete the program.
2839 (5) The department may use up to $200,000 of the total
2840 amount allocated to administer the grant program.
2841 (6)(4) The State Board of Education shall may adopt rules
2842 to administer this section.
2843 Section 38. Section 1011.803, Florida Statutes, is created
2844 to read:
2845 1011.803 Money-Back Guarantee Program.—
2846 (1) The Money-Back Guarantee Program is established to help
2847 individuals achieve self-sufficiency by requiring each school
2848 district and Florida College System institution to refund the
2849 cost of tuition to students who are not able to find a job in
2850 the field in which the student was trained within 6 months of
2851 successful completion of select workforce education programs
2852 that prepare students for in-demand, middle-level to high-level
2853 wage occupations.
2854 (2) Beginning in the 2022-2023 academic year, each school
2855 district and Florida College System institution shall establish
2856 a money-back guarantee program to:
2857 (a) Offer a money-back guarantee on at least three programs
2858 that prepare individuals to enter in-demand, middle-level to
2859 high-level wage occupations identified by the Labor Market
2860 Estimating Conference created in s. 216.136. School district or
2861 Florida College System institutions must offer a money-back
2862 guarantee on at least 50 percent of workforce education programs
2863 if they offer six or fewer programs.
2864 (b) Offer a money-back guarantee for all workforce
2865 education programs that are established to meet a critical local
2866 economic industry need, but are not linked to the statewide
2867 needs list as identified by the Labor Market Estimating
2868 Conference created in s. 216.136.
2869 (c) Establish student eligibility criteria for the money
2870 back guarantee program that includes:
2871 1. Student attendance.
2872 2. Student program performance.
2873 3. Career Service or Career Day attendance.
2874 4. Participation in internship or work-study programs.
2875 5. Job search documentation.
2876 6. Development of a student career plan with the
2877 institution’s career services department.
2878 (3) No later than July 1, 2022, each school district and
2879 Florida College System institution shall notify the State Board
2880 of Education of the money-back guarantee programs it offers.
2881 Information about these programs shall be made available on each
2882 school district’s and Florida College System institution’s
2883 website, on the department’s website, and on Employ Florida’s
2884 website.
2885 (4) By November 1 of each year, the Department of Education
2886 shall report performance results by school district, Florida
2887 College System institution, and program to the Governor, the
2888 President of the Senate, and the Speaker of the House of
2889 Representatives.
2890 Section 39. Subsection (2) of section 1011.81, Florida
2891 Statutes, is amended to read:
2892 1011.81 Florida College System Program Fund.—
2893 (2) Performance funding for industry certifications for
2894 Florida College System institutions is contingent upon specific
2895 appropriation in the General Appropriations Act and shall be
2896 determined as follows:
2897 (a) Occupational areas for which industry certifications
2898 may be earned, as established in the General Appropriations Act,
2899 are eligible for performance funding. Priority shall be given to
2900 the occupational areas emphasized in state, national, or
2901 corporate grants provided to Florida educational institutions.
2902 (b) Postsecondary The Chancellor of the Florida College
2903 System shall identify the industry certifications identified
2904 eligible for funding on the CAPE Postsecondary Industry
2905 Certification Funding List approved by the State Board of
2906 Education under pursuant to s. 1008.44, are eligible for
2907 performance funding based on the occupational areas specified in
2908 the General Appropriations Act.
2909 (b)(c) Each Florida College System institution shall be
2910 provided $1,000 for each industry certification earned by a
2911 student under paragraph (a). If funds are insufficient to fully
2912 fund the calculated total award, such funds shall be prorated.
2913 Beginning with the 2022-2023 fiscal year, the Credentials Review
2914 Committee established in s. 445.004 shall develop a returned
2915 value funding formula to allocate institution performance funds
2916 that rewards student job placements and wages for students
2917 earning industry certifications, with a focus on increasing the
2918 economic mobility of underserved populations. One-third of the
2919 performance funds shall be allocated based on student job
2920 placements. The remaining two-thirds shall be allocated using a
2921 tiered weighted system based on aggregate student wages that
2922 exceed minimum wage, with the highest weight applied to the
2923 highest wage tier, with additional weight for underserved
2924 populations. Student wages above minimum wage are considered to
2925 be the value added by the institution’s training. At a minimum,
2926 the formula must take into account variables such as differences
2927 in population and wages across the state.
2928 Section 40. Paragraph (b) of subsection (2) of section
2929 443.151, Florida Statutes, is amended to read:
2930 443.151 Procedure concerning claims.—
2931 (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
2932 CLAIMANTS AND EMPLOYERS.—
2933 (b) Process.—When the Reemployment Assistance Claims and
2934 Benefits Information System described in s. 443.1113 is fully
2935 operational, the process for filing claims must incorporate the
2936 process for registering for work with the consumer-first
2937 workforce system information systems established under pursuant
2938 to s. 445.011. Unless exempted under s. 443.091(1)(b)5., a claim
2939 for benefits may not be processed until the work registration
2940 requirement is satisfied. The department may adopt rules as
2941 necessary to administer the work registration requirement set
2942 forth in this paragraph.
2943 Section 41. Section 445.010, Florida Statutes, is amended
2944 to read:
2945 445.010 Consumer-first workforce system information
2946 technology; principles and information sharing.—
2947 (1) The following principles shall guide the development
2948 and management of workforce system information resources:
2949 (a) Workforce system entities should be committed to
2950 information sharing.
2951 (b) Cooperative planning by workforce system entities is a
2952 prerequisite for the effective development of systems to enable
2953 the sharing of data.
2954 (c) Workforce system entities should maximize public access
2955 to data, while complying with legitimate security, privacy, and
2956 confidentiality requirements.
2957 (d) When the capture of data for the mutual benefit of
2958 workforce system entities can be accomplished, the costs for
2959 capturing, managing, and disseminating those data should be
2960 shared.
2961 (e) The redundant capture of data should, insofar as
2962 possible, be eliminated.
2963 (f) Only data that are auditable, or that otherwise can be
2964 determined to be accurate, valid, and reliable, should be
2965 maintained in the consumer-first workforce system information
2966 systems.
2967 (g) The design of the consumer-first workforce system
2968 information systems should support technological flexibility for
2969 users without compromising system integration or data integrity,
2970 be based upon open standards, and use platform-independent
2971 technologies to the fullest extent possible.
2972 (2) Information that is essential to the integrated
2973 delivery of services through the one-stop delivery system must
2974 be shared between partner agencies within the consumer-first
2975 workforce system to the full extent permitted under state and
2976 federal law. In order to enable the full integration of services
2977 for a specific workforce system customer, that customer must be
2978 offered the opportunity to provide written consent prior to
2979 sharing any information concerning that customer between the
2980 workforce system partners which is subject to confidentiality
2981 under state or federal law.
2982 Section 42. Subsection (3) of section 445.045, Florida
2983 Statutes, is amended to read:
2984 445.045 Development of an Internet-based system for
2985 information technology industry promotion and workforce
2986 recruitment.—
2987 (3) CareerSource Florida, Inc., shall ensure that the
2988 website developed and maintained under this section is
2989 consistent, compatible, and coordinated with the consumer-first
2990 workforce system information systems required under s. 445.011,
2991 including, but not limited to, the automated job-matching
2992 information system for employers, job seekers, and other users.
2993 Section 43. Paragraph (c) of subsection (1) of section
2994 943.22, Florida Statutes, is amended to read:
2995 943.22 Salary incentive program for full-time officers.—
2996 (1) For the purpose of this section, the term:
2997 (c) “Community college degree or equivalent” means
2998 graduation from an accredited community college or having been
2999 granted a degree pursuant to s. 1007.25(13) s. 1007.25(11) or
3000 successful completion of 60 semester hours or 90 quarter hours
3001 and eligibility to receive an associate degree from an
3002 accredited college, university, or community college.
3003 Section 44. Subsection (7) and paragraph (d) of subsection
3004 (8) of section 1001.64, Florida Statutes, are amended to read:
3005 1001.64 Florida College System institution boards of
3006 trustees; powers and duties.—
3007 (7) Each board of trustees has responsibility for: ensuring
3008 that students have access to general education courses as
3009 identified in rule; requiring no more than 60 semester hours of
3010 degree program coursework, including 36 semester hours of
3011 general education coursework, for an associate in arts degree;
3012 notifying students that earned hours in excess of 60 semester
3013 hours may not be accepted by state universities; notifying
3014 students of unique program prerequisites; and ensuring that
3015 degree program coursework beyond general education coursework is
3016 consistent with degree program prerequisite requirements adopted
3017 pursuant to s. 1007.25(7) s. 1007.25(6).
3018 (8) Each board of trustees has authority for policies
3019 related to students, enrollment of students, student records,
3020 student activities, financial assistance, and other student
3021 services.
3022 (d) Boards of trustees shall identify their general
3023 education curricula pursuant to s. 1007.25(8) s. 1007.25(7).
3024 Section 45. This act shall take effect July 1, 2021.