The Florida Senate

288.047  Quick-response training for economic development.--

(1)  The Quick-Response Training Program is created to meet the workforce-skill needs of existing, new, and expanding industries. The program shall be administered by Enterprise Florida, Inc., in conjunction with the Department of Education. Enterprise Florida, Inc., shall adopt guidelines for the administration of this program. Enterprise Florida, Inc., shall provide technical services and shall identify businesses that seek services through the program. The Department of Education shall provide services related to the development and implementation of instructional programs.

¹(2)(a)  A Quick-Response Advisory Committee, composed of the director of the Division of Workforce Development of the Department of Education; the director of the Division of Community Colleges of the Department of Education; and the director of the Division of Jobs and Benefits of the Department of Labor and Employment Security, or their respective designees, and four private sector members, shall review training funded through this program and shall provide policy advice to Enterprise Florida, Inc., in the implementation of this program. The committee shall elect a chair from among its members. Members of the committee may receive reimbursement for per diem and travel expenses as provided in s. 112.061.

(b)  The four private sector members appointed to the Quick-Response Advisory Committee must be selected from a slate of nominees submitted by the board of directors of Enterprise Florida, Inc. The president of Enterprise Florida, Inc., shall appoint private sector members from this slate for terms of 4 years, except that in making the initial appointments, the president shall appoint members for staggered terms, one for 1 year, 2 years, 3 years, and 4 years, respectively. To the maximum extent possible, the president shall select private sector members who are representative of diverse industries and regions of the state. The importance of minority representation must be considered when making appointments for each private sector position. Private sector members may be removed for cause. Absence from three consecutive meetings results in the automatic removal of a private sector member.

(c)  The Quick-Response Advisory Committee shall meet at the call of its chair, at the request of a majority of the membership, at the request of Enterprise Florida, Inc., or at times prescribed by its rules. The committee shall serve to advise Enterprise Florida, Inc., regarding the administration of the Quick-Response Training Program.

(3)  Enterprise Florida, Inc., shall ensure that instruction funded pursuant to this section is not available through the local community college, school district, or private industry council and that the instruction promotes economic development by providing specialized entry-level skills to new workers or supplemental skills to current employees whose job descriptions are changing. Such funds may not be expended to subsidize the ongoing staff development program of any business or industry or to provide training for instruction related to retail businesses. Funds made available pursuant to this section may not be expended in connection with the relocation of a business from one community to another community in this state unless Enterprise Florida, Inc., determines that without such relocation the business will move outside this state or determines that the business has a compelling economic rationale for the relocation which creates additional jobs.

(4)  Requests for funding through the Quick-Response Training Program may be produced through inquiries from a specific business or industry, inquiries from a school district director of career education or community college occupational dean on behalf of a business or industry, or through official state economic development efforts. In allocating funds for the purposes of the program, Enterprise Florida, Inc., shall establish criteria for approval of requests for funding and shall select the entity that provides the most efficient, cost-effective instruction meeting such criteria. Program funds may be allocated to any area technical center, community college, or state university. Program funds may be allocated to private postsecondary institutions only upon a review that includes, but is not limited to, accreditation and licensure documentation and prior approval by a majority of the advisory committee. Instruction funded through the program must terminate when participants demonstrate competence at the level specified in the request; however, instruction may not exceed 18 months. Costs and expenditures for the Quick-Response Training Program must be documented and separated from those incurred by the training provider.

(5)  For the first 6 months of each fiscal year, Enterprise Florida, Inc., shall set aside 30 percent of the amount appropriated for the Quick-Response Training Program by the Legislature to fund instructional programs for businesses located in an enterprise zone or to instruct residents of an enterprise zone. Any unencumbered funds remaining undisbursed from this set-aside at the end of the 6-month period may be used to provide funding for any program qualifying for funding pursuant to this section.

(6)  Prior to the allocation of funds for any request pursuant to this section, Enterprise Florida, Inc., shall prepare a grant agreement between the business or industry requesting funds, the educational institution receiving funding through the program, and Enterprise Florida, Inc. Such agreement must include, but is not limited to:

(a)  An identification of the facility in which the instruction will be conducted and the respective responsibilities of the parties for paying costs associated with facility use.

(b)  An identification of the equipment necessary to conduct the program, the respective responsibilities of the parties for paying costs associated with equipment purchase, maintenance, and repair, as well as an identification of which party owns the equipment upon completion of the instruction.

(c)  An identification of the personnel necessary to conduct the instructional program, the qualifications of such personnel, and the respective responsibilities of the parties for paying costs associated with the employment of such personnel.

(d)  An identification of the estimated length of the instructional program. Such program may not exceed 12 months of full-time instruction or 18 months of total instruction.

(e)  An identification of special program requirements that are not addressed otherwise in the agreement.

(f)  Permission to access information specific to the wages and performance of participants upon the completion of instruction for evaluation purposes. Information which, if released, would disclose the identity of the person to whom the information pertains or disclose the identity of the person's employer is confidential and exempt from the provisions of s. 119.07(1). The agreement must specify that any evaluations published subsequent to the instruction may not identify the employer or any individual participant.

(7)  For the purposes of this section, Enterprise Florida, Inc., may accept grants of money, materials, services, or property of any kind from any agency, corporation, or individual.

(8)  Enterprise Florida, Inc., may procure equipment as necessary to meet the purposes of this section. Title to and control of such equipment is vested in the Department of Education. Upon the conclusion of instruction, the Department of Education may transfer title to the district school board, community college district board of trustees, or Board of Regents on behalf of a specific state university, where the equipment is physically located. The department may also lease such equipment to the district school board, community college district board of trustees, or Board of Regents for a maximum of 1 year. Such lease may provide for automatic renewal. Either party to a lease has the right to cancel the lease upon a 60-day notice in writing. Any equipment for which no title transfer or lease exists must be returned to a warehouse reserve and be available for use by an instructional program in any area of the state.

(9)  In providing instruction pursuant to this section, materials that relate to methods of manufacture or production, potential trade secrets, business transactions, or proprietary information received, produced, ascertained, or discovered by employees of the respective departments, district school boards, community college district boards of trustees, or other personnel employed for the purposes of this section is confidential and exempt from the provisions of s. 119.07(1). The state may seek copyright protection for all instructional materials and ancillary written documents developed wholly or partially with state funds as a result of instruction provided pursuant to this section.

(10)  There is created a Quick-Response Training Program for Work and Gain Economic Self-sufficiency (WAGES) participants. Enterprise Florida, Inc., may, at the discretion of the State WAGES Emergency Response Team, award quick-response training grants and develop applicable guidelines for the training of participants in the WAGES Program. In addition to a local economic development organization, grants must be endorsed by the applicable local WAGES coalition and regional workforce development board.

(a)  Training funded pursuant to this subsection may not exceed 12 months, and may be provided by the local community college, school district, regional workforce development board, or the business employing the participant, including on-the-job training. Training will provide entry-level skills to new workers, including those employed in retail, who are participants in the WAGES Program.

(b)  WAGES participants trained pursuant to this subsection must be employed at a wage not less than $6.00 per hour.

(c)  Funds made available pursuant to this subsection may be expended in connection with the relocation of a business from one community to another community if approved by the State WAGES Emergency Response Team.

History.--s. 2, ch. 93-187; ss. 2, 71, ch. 94-136; s. 874, ch. 95-148; s. 3, ch. 95-345; s. 37, ch. 96-320; s. 134, ch. 96-406; s. 15, ch. 97-278; s. 34, ch. 97-307; s. 23, ch. 98-57.

¹Note.--Section 9(3), ch. 96-404, provides that, unless reenacted into law, the Quick-Response Advisory Committee is dissolved effective July 1, 1997. Section 288.047(2)(a), providing for the composition of the committee, was amended by s. 34, ch. 97-307, but the material providing for the committee was not reenacted prior to July 1, 1997.