Florida Senate - 2012 SB 1488
By Senator Fasano
11-00164A-12 20121488__
1 A bill to be entitled
2 An act relating to regional workforce boards; amending
3 s. 445.007, F.S.; reinstating provisions that restrict
4 the use of state and federal funds provided to the
5 boards and that require contracts to be approved by
6 Workforce Florida, Inc.; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Subsections (10) and (11) of section 445.007,
11 Florida Statutes, are amended to read:
12 445.007 Regional workforce boards.—
13 (10) State and federal funds provided to the regional
14 workforce boards may not be used directly or indirectly to pay
15 for meals, food, or beverages for board members, staff, or
16 employees of regional workforce boards, Workforce Florida, Inc.,
17 or the department except as expressly authorized by state law.
18 Only preapproved, reasonable, and necessary per diem allowances
19 and travel expenses may be reimbursed as provided under s.
20 112.061 and must be in compliance with all applicable federal
21 and state requirements. Workforce Florida, Inc., shall develop a
22 statewide fiscal policy, applicable to the state board and all
23 regional workforce boards, which holds both the state and
24 regional boards strictly accountable for adherence to the policy
25 and subject to regular and periodic monitoring by the
26 department, the administrative entity for Workforce Florida,
27 Inc. Boards may not expend state or federal funds for
28 entertainment costs or recreational activities for board members
29 or employees. State and federal funds provided to the regional
30 workforce boards may not be used directly or indirectly to pay
31 for meals, food, or beverages for board members, staff, or
32 employees of regional workforce boards, Workforce Florida, Inc.,
33 or the Agency for Workforce Innovation except as expressly
34 authorized by state law. Preapproved, reasonable, and necessary
35 per diem allowances and travel expenses may be reimbursed. Such
36 reimbursement shall be at the standard travel reimbursement
37 rates established in s. 112.061 and shall be in compliance with
38 all applicable federal and state requirements. Workforce
39 Florida, Inc., shall develop a statewide fiscal policy
40 applicable to the state board and all regional workforce boards,
41 to hold both the state and regional boards strictly accountable
42 for adherence to the policy and subject to regular and periodic
43 monitoring by the Agency for Workforce Innovation, the
44 administrative entity for Workforce Florida, Inc. Boards are
45 prohibited from expending state or federal funds for
46 entertainment costs and recreational activities for board
47 members and employees as these terms are defined by 2 C.F.R.
48 part 230. This subsection expires July 1, 2011.
49 (11) To increase transparency and accountability, regional
50 workforce boards must comply with the requirements of this
51 section before contracting with a member of the regional
52 workforce board. Such contracts may not be executed before or
53 without the approval of Workforce Florida, Inc. Such contracts,
54 as well as documentation demonstrating adherence to this section
55 as specified by Workforce Florida, Inc., must be submitted to
56 the department for review and recommendation according to
57 criteria to be determined by Workforce Florida, Inc. Contracts
58 between relatives, as defined in s. 112.3143(1), of a board
59 member or employee of a board must be approved by a two-thirds
60 vote of the entire board; all conflicts must be disclosed before
61 the vote; any member who may benefit from the contract, or whose
62 relative may benefit from the contract, must abstain from the
63 vote; and the contract must be reviewed and approved as stated
64 above. Contracts under $25,000 between a regional workforce
65 board and a member of that board or between relatives of a board
66 member or employees of a board are exempt from the review and
67 recommendation process but must be approved by a two-thirds vote
68 of the entire board and reported to the department and Workforce
69 Florida, Inc., within 30 days after approval. If a contract is
70 not approved by Workforce Florida, Inc., a review of the
71 decision to not approve the contract may be requested by the
72 regional workforce board or other parties to the disapproved
73 contract. To increase transparency and accountability, regional
74 workforce boards shall comply with the requirements of this
75 section before contracting with a member of the regional
76 workforce board. Such contracts shall not be executed before or
77 without the approval of Workforce Florida, Inc. Such contracts,
78 as well as documentation demonstrating adherence to this section
79 as specified by Workforce Florida, Inc., must be submitted to
80 the Agency for Workforce Innovation for review and
81 recommendation according to criteria to be determined by
82 Workforce Florida, Inc. Contracts between relatives, as defined
83 in s. 112.3143(1)(b), of a board member or employee of a board
84 must be approved by a two-thirds vote of the entire board; all
85 conflicts must be disclosed prior to the vote; and any member
86 who may benefit from the contract, or whose relative may benefit
87 from the contract, must abstain from the vote and the contract
88 must be reviewed and approved as stated above. Contracts under
89 $25,000 between a regional workforce board and a member of that
90 board or between relatives, as defined in s. 112.3143(1)(b), of
91 a board member or employees of a board are exempt from the
92 review and recommendation process but must be approved by a two
93 thirds vote of the entire board and must be reported to the
94 Agency for Workforce Innovation and Workforce Florida, Inc.,
95 within 30 days after approval. If a contract cannot be approved
96 by Workforce Florida, Inc., a review of the decision to
97 disapprove the contract may be requested by the regional
98 workforce board or other parties to the disapproved contract.
99 This subsection expires July 1, 2011.
100 Section 2. This act shall take effect upon becoming a law.