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2022 Florida Statutes (including 2022C, 2022D, 2022A, and 2023B)
SECTION 80
Funds for operation of workforce education programs.
Funds for operation of workforce education programs.
1011.80 Funds for operation of workforce education programs.—
(1) As used in this section, the terms “workforce education” and “workforce education program” include:
(a) Adult general education programs designed to improve the employability skills of the state’s workforce as defined in s. 1004.02(3).
(b) Career certificate programs, as defined in s. 1004.02(20).
(c) Applied technology diploma programs.
(d) Continuing workforce education courses.
(e) Degree career education programs.
(f) Apprenticeship and preapprenticeship programs as defined in s. 446.021.
(2) Upon approval by the State Board of Education, any workforce education program may be conducted by a Florida College System institution or a school district, except that college credit in an associate in applied science or an associate in science degree may be awarded only by a Florida College System institution. However, if an associate in applied science or an associate in science degree program contains within it an occupational completion point that confers a certificate or an applied technology diploma, that portion of the program may be conducted by a school district career center. Any instruction designed to articulate to a degree program is subject to guidelines and standards adopted by the State Board of Education under s. 1007.25.
(a) The State Board of Education shall establish criteria, based on the framework of quality established by the Credentials Review Committee under s. 445.004(4), for review and approval of new workforce education programs by a Florida College System institution or a school district that are not included in the statewide curriculum framework.
(b) A Florida College System institution or school district offering a new workforce education program that is in the statewide curriculum framework may not receive performance funding and additional full-time equivalent membership funding until the workforce education program is reviewed, through an expedited review process, and approved by the State Board of Education based on criteria that must include, but is not limited to, the following:
1. A description of the new workforce education program that includes all of the following:
a. An analysis of workforce demand and unmet need for graduates of the program on a district, regional, or statewide basis, as appropriate, including evidence from entities independent of the technical center or institution.
b. The geographic region to be served.
2. Documentation of collaboration among technical centers and institutions serving the same students in a geographical or service area that enhances program offerings and prevents program duplication that exceeds workforce need. Unnecessary duplication of programs offered by public and private institutions must be avoided.
3. Beginning with the 2022-2023 academic year, alignment of program offerings with credentials or degree programs identified on the Master Credentials List under s. 445.004(4).
4. Articulation agreements between technical centers and Florida College System institutions for the enrollment of graduates in related workforce education programs.
5. Documentation of alignment between the exit requirements of a technical center and the admissions requirements of a Florida College System institution into which students typically transfer.
6. Performance and compliance indicators that will be used in determining the program’s success.
(3) Each school district and Florida College System institution receiving state appropriations for workforce education programs must maintain adequate and accurate records, including a system to record school district workforce education funding and expenditures, to maintain the separation of postsecondary workforce education expenditures and secondary workforce education expenditures. These records must be submitted to the Department of Education in accordance with rules of the State Board of Education.
(4) If a program for disabled adults pursuant to s. 1004.93 is a workforce program as defined in law, it must be funded as provided in this section.
(5) Funding for all workforce education programs must be based on cost categories, performance output measures, and performance outcome measures.
(a) The cost categories must be calculated to identify high-cost programs, medium-cost programs, and low-cost programs. The cost analysis used to calculate and assign a program of study to a cost category must include at least both direct and indirect instructional costs, consumable supplies, equipment, and standard program length.
(b) The performance output measure for an adult general education course of study is measurable improvement in student skills. This measure shall include improvement in literacy skills, grade level improvement as measured by an approved test, or attainment of a State of Florida diploma or an adult high school diploma.
(c) The performance outcome measures for adult general education programs are associated with placement and retention of students after reaching a completion point or completing a program of study. These measures include placement or retention in employment. Continuing postsecondary education at a level that will further enhance employment is a performance outcome for adult general education programs.
(6) State funding and student fees for workforce education instruction shall be established as follows:
(a) Expenditures for the continuing workforce education programs provided by the Florida College System institutions or school districts must be fully supported by fees, except for preapprenticeship and apprenticeship programs as defined in s. 446.021(5) and (6). Enrollments in continuing workforce education courses shall not be counted for purposes of funding full-time equivalent enrollment, except for preapprenticeship and apprenticeship programs as defined in s. 446.021(5) and (6).
(b) For all other workforce education programs, state funding shall be calculated based on a weighted enrollment and program cost minus fee revenues generated to offset program operational costs, including any supplemental cost factors recommended by the District Workforce Education Funding Steering Committee. Fees for courses within a program shall not vary according to the cost of the individual program, but instead shall be as provided in s. 1009.22, unless otherwise specified in the General Appropriations Act.
(c) For fee-exempt students pursuant to s. 1009.25, unless otherwise provided for in law, state funding shall equal 100 percent of the average cost of instruction.
(d) For a public educational institution that has been fully funded by an external agency for direct instructional costs of any course or program, the FTE generated shall not be reported for state funding.
(7)(a) A school district or a Florida College System institution that provides workforce education programs shall receive funds in accordance with distributions for base and performance funding established by the Legislature in the General Appropriations Act. To ensure equitable funding for all school district workforce education programs and to recognize enrollment growth, the Department of Education shall use the funding model developed by the District Workforce Education Funding Steering Committee to determine each district’s workforce education funding needs. To assist the Legislature in allocating workforce education funds in the General Appropriations Act, the funding model shall annually be provided to the legislative appropriations committees no later than March 1.
(b) Performance funding for industry certifications for school district workforce education programs is contingent upon specific appropriation in the General Appropriations Act and shall be determined as follows:
1. Industry certifications identified on the CAPE Industry Certification Funding List approved by the State Board of Education under s. 1008.44 are eligible for performance funding.
2. Each school district shall be provided $1,000 for each industry certification earned by a workforce education student. If funds are insufficient to fully fund the calculated total award, such funds shall be prorated. Beginning with the 2022-2023 fiscal year, the Credentials Review Committee established in s. 445.004 shall develop a returned-value funding formula to allocate school district performance funds that rewards student job placements and wages for students earning industry certifications, with a focus on increasing the economic mobility of underserved populations. One-third of the performance funds shall be allocated based on student job placements. The remaining two-thirds shall be allocated using a tiered weighted system based on aggregate student wages that exceed minimum wage, with the highest weight applied to the highest wage tier, with additional weight for underserved populations. Student wages above minimum wage are considered to be the value added by the institution’s training. At a minimum, the formula must take into account variables such as differences in population and wages across school districts.
(c) A program is established to assist school districts and Florida College System institutions in responding to the needs of new and expanding businesses and thereby strengthening the state’s workforce and economy. The program may be funded in the General Appropriations Act. The district or Florida College System institution shall use the program to provide customized training for businesses which satisfies the requirements of s. 288.047. Business firms whose employees receive the customized training must provide 50 percent of the cost of the training. Balances remaining in the program at the end of the fiscal year shall not revert to the general fund, but shall be carried over for 1 additional year and used for the purpose of serving incumbent worker training needs of area businesses with fewer than 100 employees. Priority shall be given to businesses that must increase or upgrade their use of technology to remain competitive.
(8)(a) A school district or Florida College System institution that receives workforce education funds must use the money to benefit the workforce education programs it provides. The money may be used for equipment upgrades, program expansions, or any other use that would result in workforce education program improvement. The district school board or Florida College System institution board of trustees may not withhold any portion of the performance funding for indirect costs.
(9) School districts shall report full-time equivalent students by discipline category for the programs specified in subsection (1). There shall be an annual cost analysis for the school district workforce education programs that reports cost by discipline category consistent with the reporting for full-time equivalent students. The annual financial reports submitted by the school districts must accurately report on the student fee revenues by fee type according to the programs specified in subsection (1). The Department of Education shall develop a plan for comparable reporting of program, student, facility, personnel, and financial data between the Florida College System institutions and the school district workforce education programs.
(10) A high school student dually enrolled under s. 1007.271 in a workforce education program operated by a Florida College System institution or school district career center generates the amount calculated for workforce education funding, including any payment of performance funding, and the proportional share of full-time equivalent enrollment generated through the Florida Education Finance Program for the student’s enrollment in a high school. If a high school student is dually enrolled in a Florida College System institution program, including a program conducted at a high school, the Florida College System institution earns the funds generated for workforce education funding, and the school district earns the proportional share of full-time equivalent funding from the Florida Education Finance Program. If a student is dually enrolled in a career center operated by the same district as the district in which the student attends high school, that district earns the funds generated for workforce education funding and also earns the proportional share of full-time equivalent funding from the Florida Education Finance Program. If a student is dually enrolled in a workforce education program provided by a career center operated by a different school district, the funds must be divided between the two school districts proportionally from the two funding sources. A student may not be reported for funding in a dual enrollment workforce education program unless the student has completed the basic skills assessment pursuant to s. 1004.91. A student who is coenrolled in a K-12 education program and an adult education program may be reported for purposes of funding in an adult education program. If a student is coenrolled in core curricula courses for credit recovery or dropout prevention purposes and does not have a pattern of excessive absenteeism or habitual truancy or a history of disruptive behavior in school, the student may be reported for funding for up to two courses per year. Such a student is exempt from the payment of the block tuition for adult general education programs provided in s. 1009.22(3)(c). The Department of Education shall develop a list of courses to be designated as core curricula courses for the purposes of coenrollment.
(11) The State Board of Education shall phase out program offerings that do not align with the framework of quality or do not meet labor market demand under s. 445.004(4) or that are unwarranted program duplications.
(12) The State Board of Education may adopt rules to administer this section.
History.—s. 673, ch. 2002-387; s. 12, ch. 2004-271; s. 7, ch. 2004-357; s. 25, ch. 2010-155; s. 174, ch. 2011-5; s. 35, ch. 2011-63; s. 36, ch. 2012-134; s. 58, ch. 2013-27; s. 188, ch. 2014-17; s. 90, ch. 2014-39; s. 119, ch. 2015-2; s. 58, ch. 2015-98; ss. 44, 45, ch. 2018-10; s. 3, ch. 2018-104; s. 16, ch. 2019-103; ss. 9, 11, 52, 53, 115, ch. 2019-116; s. 32, ch. 2019-119; s. 40, ch. 2020-30; ss. 53, 54, ch. 2020-114; ss. 24, 25, ch. 2021-37; s. 35, ch. 2021-164; s. 3, ch. 2022-143; ss. 31, 32, 99, ch. 2022-157.
1Note.—
A. Section 31, ch. 2022-157, amended paragraph (8)(b) “[i]n order to implement Specific Appropriation 719 of the 2022-2023 General Appropriations Act.”
B. As amended by s. 3, ch. 2022-143, which was drafted from the paragraph as amended by s. 25, ch. 2021-37. For a description of multiple acts in the same session affecting a statutory provision, see preface to the Florida Statutes, “Statutory Construction.” Paragraph (8)(b) was also amended by s. 31, ch. 2022-157, which was drafted from the paragraph as amended by s. 24, ch. 2021-37, and that version reads:
(b) State funds provided for the operation of postsecondary workforce programs may not be expended for the education of state or federal inmates, except to the extent that such funds are specifically appropriated for such purpose in the 2022-2023 General Appropriations Act.
C. Section 32, ch. 2022-157, provides that “[t]he text of s. 1011.80(8)(b), Florida Statutes, as amended by section 24 of chapter 2021-37, Laws of Florida, and by this act, expires July 1, 2023, and the text of that paragraph shall revert to that in existence on June 30, 2019, and any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section.” Paragraph (8)(b), as amended by s. 32, ch. 2022-157, effective July 1, 2023, reads:
(b) State funds provided for the operation of postsecondary workforce programs may not be expended for the education of state inmates with more than 24 months of time remaining to serve on their sentences or federal inmates, except to the extent that such funds are specifically appropriated for such purpose in the 2018-2019 General Appropriations Act.
D. Section 99, ch. 2022-157, provides that “[i]f any other act passed during the 2022 Regular Session of the Legislature contains a provision that is substantively the same as a provision in this act, but that removes or is otherwise not subject to the future repeal applied to such provision by this act, the Legislature intends that the provision in the other act takes precedence and continues to operate, notwithstanding the future repeal provided by this act.” Sections 31 and 32, ch. 2022-157, amend paragraph (8)(b) to adjust a fiscal year reference to the General Appropriations Act present because s. 31, ch. 2022-157, was drafted from s. 24, ch. 2021-37, which contained that reference. Section 3, ch. 2022-143, drafted from s. 25, ch. 2021-37, which does not contain the fiscal year reference, does not add such a reference. Although s. 3, ch. 2022-143, and ss. 31 and 32, ch. 2022-157, are not “substantively the same” in a literal sense regarding all changes made, the provision in s. 99, ch. 2022-157, would seem to resolve in favor of s. 3, ch. 2022-143, as it “removes or is otherwise not subject to the future repeal applied to such provision by this act,” per s. 99.