Florida Senate - 2015 (Proposed Committee Bill) SPB 7002
FOR CONSIDERATION By the Committee on Commerce and Tourism
577-00125-15 20157002pb
1 A bill to be entitled
2 An act relating to renaming Workforce Florida, Inc.;
3 renaming Workforce Florida, Inc., as CareerSource
4 Florida, Inc.; amending ss. 11.45, 20.60, 216.136,
5 218.077, 288.047, 288.0656, 288.1252, 288.901,
6 288.903, 295.22, 320.20, 331.3051, 331.369, 403.973,
7 409.1451, 413.405, 413.407, 414.045, 414.105, 414.106,
8 414.295, 414.55, 420.622, 443.091, 443.171, 443.181,
9 445.003, 445.004, 445.006, 445.007, 445.0071, 445.008,
10 445.009, 445.011, 445.014, 445.016, 445.021, 445.022,
11 445.024, 445.026, 445.028, 445.030, 445.033, 445.035,
12 445.038, 445.045, 445.048, 445.051, 445.055, 446.41,
13 446.50, 1003.491, 1003.492, 1003.493, 1003.51,
14 1003.52, 1004.015, 1011.80, and 1011.801, F.S.;
15 conforming provisions to changes made by the act;
16 making technical changes; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (q) of subsection (3) of section
21 11.45, Florida Statutes, is amended to read:
22 11.45 Definitions; duties; authorities; reports; rules.—
23 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
24 General may, pursuant to his or her own authority, or at the
25 direction of the Legislative Auditing Committee, conduct audits
26 or other engagements as determined appropriate by the Auditor
27 General of:
28 (q) CareerSource Florida, Inc. Workforce Florida, Inc., or
29 the programs or entities created by CareerSource Florida, Inc.
30 Workforce Florida, Inc., created pursuant to s. 445.004.
31 Section 2. Paragraphs (a) and (c) of subsection (5) and
32 subsections (6) and (11) of section 20.60, Florida Statutes, are
33 amended to read:
34 20.60 Department of Economic Opportunity; creation; powers
35 and duties.—
36 (5) The divisions within the department have specific
37 responsibilities to achieve the duties, responsibilities, and
38 goals of the department. Specifically:
39 (a) The Division of Strategic Business Development shall:
40 1. Analyze and evaluate business prospects identified by
41 the Governor, the executive director of the department, and
42 Enterprise Florida, Inc.
43 2. Administer certain tax refund, tax credit, and grant
44 programs created in law. Notwithstanding any other provision of
45 law, the department may expend interest earned from the
46 investment of program funds deposited in the Grants and
47 Donations Trust Fund to contract for the administration of those
48 programs, or portions of the programs, assigned to the
49 department by law, by the appropriations process, or by the
50 Governor. Such expenditures shall be subject to review under
51 chapter 216.
52 3. Develop measurement protocols for the state incentive
53 programs and for the contracted entities which will be used to
54 determine their performance and competitive value to the state.
55 Performance measures, benchmarks, and sanctions must be
56 developed in consultation with the legislative appropriations
57 committees and the appropriate substantive committees, and are
58 subject to the review and approval process provided in s.
59 216.177. The approved performance measures, standards, and
60 sanctions shall be included and made a part of the strategic
61 plan for contracts entered into for delivery of programs
62 authorized by this section.
63 4. Develop a 5-year statewide strategic plan. The strategic
64 plan must include, but need not be limited to:
65 a. Strategies for the promotion of business formation,
66 expansion, recruitment, and retention through aggressive
67 marketing, international development, and export assistance,
68 which lead to more and better jobs and higher wages for all
69 geographic regions, disadvantaged communities, and populations
70 of the state, including rural areas, minority businesses, and
71 urban core areas.
72 b. The development of realistic policies and programs to
73 further the economic diversity of the state, its regions, and
74 their associated industrial clusters.
75 c. Specific provisions for the stimulation of economic
76 development and job creation in rural areas and midsize cities
77 and counties of the state, including strategies for rural
78 marketing and the development of infrastructure in rural areas.
79 d. Provisions for the promotion of the successful long-term
80 economic development of the state with increased emphasis in
81 market research and information.
82 e. Plans for the generation of foreign investment in the
83 state which create jobs paying above-average wages and which
84 result in reverse investment in the state, including programs
85 that establish viable overseas markets, assist in meeting the
86 financing requirements of export-ready firms, broaden
87 opportunities for international joint venture relationships, use
88 the resources of academic and other institutions, coordinate
89 trade assistance and facilitation services, and facilitate
90 availability of and access to education and training programs
91 that assure requisite skills and competencies necessary to
92 compete successfully in the global marketplace.
93 f. The identification of business sectors that are of
94 current or future importance to the state’s economy and to the
95 state’s global business image, and development of specific
96 strategies to promote the development of such sectors.
97 g. Strategies for talent development necessary in the state
98 to encourage economic development growth, taking into account
99 factors such as the state’s talent supply chain, education and
100 training opportunities, and available workforce.
101 5. Update the strategic plan every 5 years.
102 6. Involve Enterprise Florida, Inc.; CareerSource Florida,
103 Inc. Workforce Florida, Inc.; local governments; the general
104 public; local and regional economic development organizations;
105 other local, state, and federal economic, international, and
106 workforce development entities; the business community; and
107 educational institutions to assist with the strategic plan.
108 (c) The Division of Workforce Services shall:
109 1. Prepare and submit a unified budget request for
110 workforce development in accordance with chapter 216 for, and in
111 conjunction with, CareerSource Florida, Inc. Workforce Florida,
112 Inc., and its board.
113 2. Ensure that the state appropriately administers federal
114 and state workforce funding by administering plans and policies
115 of CareerSource Florida, Inc. Workforce Florida, Inc., under
116 contract with CareerSource Florida, Inc. Workforce Florida, Inc.
117 The operating budget and midyear amendments thereto must be part
118 of such contract.
119 a. All program and fiscal instructions to regional
120 workforce boards shall emanate from the Department of Economic
121 Opportunity pursuant to plans and policies of CareerSource
122 Florida, Inc. Workforce Florida, Inc., which shall be
123 responsible for all policy directions to the regional workforce
124 boards.
125 b. Unless otherwise provided by agreement with CareerSource
126 Florida, Inc. Workforce Florida, Inc., administrative and
127 personnel policies of the Department of Economic Opportunity
128 shall apply.
129 3. Implement the state’s reemployment assistance program.
130 The Department of Economic Opportunity shall ensure that the
131 state appropriately administers the reemployment assistance
132 program pursuant to state and federal law.
133 4. Assist in developing the 5-year statewide strategic plan
134 required by this section.
135 (6)(a) The Department of Economic Opportunity is the
136 administrative agency designated for receipt of federal
137 workforce development grants and other federal funds. The
138 department shall administer the duties and responsibilities
139 assigned by the Governor under each federal grant assigned to
140 the department. The department shall expend each revenue source
141 as provided by federal and state law and as provided in plans
142 developed by and agreements with CareerSource Florida, Inc.
143 Workforce Florida, Inc. The department may serve as the contract
144 administrator for contracts entered into by CareerSource
145 Florida, Inc. Workforce Florida, Inc., pursuant to s.
146 445.004(5), as directed by CareerSource Florida, Inc. Workforce
147 Florida, Inc.
148 (b) The Department of Economic Opportunity shall serve as
149 the designated agency for purposes of each federal workforce
150 development grant assigned to it for administration. The
151 department shall carry out the duties assigned to it by the
152 Governor, under the terms and conditions of each grant. The
153 department shall have the level of authority and autonomy
154 necessary to be the designated recipient of each federal grant
155 assigned to it, and shall disburse such grants pursuant to the
156 plans and policies of CareerSource Florida, Inc. Workforce
157 Florida, Inc. The executive director may, upon delegation from
158 the Governor and pursuant to agreement with CareerSource
159 Florida, Inc. Workforce Florida, Inc., sign contracts, grants,
160 and other instruments as necessary to execute functions assigned
161 to the department. Notwithstanding other provisions of law, the
162 department shall administer other programs funded by federal or
163 state appropriations, as determined by the Legislature in the
164 General Appropriations Act or other by law.
165 (11) The department shall establish annual performance
166 standards for Enterprise Florida, Inc., CareerSource Florida,
167 Inc. Workforce Florida, Inc., the Florida Tourism Industry
168 Marketing Corporation, and Space Florida and report annually on
169 how these performance measures are being met in the annual
170 report required under subsection (10).
171 Section 3. Paragraph (b) of subsection (7) of section
172 216.136, Florida Statutes, is amended to read:
173 216.136 Consensus estimating conferences; duties and
174 principals.—
175 (7) WORKFORCE ESTIMATING CONFERENCE.—
176 (b) The Workforce Estimating Conference shall review data
177 concerning the local and regional demands for short-term and
178 long-term employment in High-Skills/High-Wage Program jobs, as
179 well as other jobs, which data is generated through surveys
180 conducted as part of the state’s Internet-based job matching and
181 labor market information system authorized under s. 445.011. The
182 conference shall consider this such data in developing its
183 forecasts for statewide employment demand, including reviewing
184 the local and regional data for common trends and conditions
185 among localities or regions which may warrant inclusion of a
186 particular occupation on the statewide occupational forecasting
187 list developed by the conference. Based upon its review of such
188 survey data, the conference shall also make recommendations
189 semiannually to CareerSource Florida, Inc. Workforce Florida,
190 Inc., on additions or deletions to lists of locally targeted
191 occupations approved by CareerSource Florida, Inc. Workforce
192 Florida, Inc.
193 Section 4. Subsections (5) and (6) of section 218.077,
194 Florida Statutes, are amended to read:
195 218.077 Wage and employment benefits requirements by
196 political subdivisions; restrictions.—
197 (5)(a) There is created the Employer-Sponsored Benefits
198 Study Task Force. Workforce Florida, Inc., shall provide
199 administrative and staff support services relating to the
200 functions of the task force. The task force shall organize by
201 September 1, 2013. The task force shall be composed of 11
202 members. The President of Workforce Florida, Inc., shall serve
203 as a member and chair of the task force. The Speaker of the
204 House of Representatives shall appoint one member who is an
205 economist with a background in business economics. The President
206 of the Senate shall appoint one member who is a physician
207 licensed under chapter 458 or chapter 459 with at least 5 years
208 of experience in the active practice of medicine. In addition,
209 the President of the Senate and the Speaker of the House of
210 Representatives shall each appoint four additional members to
211 the task force. The four appointments from the President of the
212 Senate and the four appointments from the Speaker of the House
213 of Representatives must each include:
214 1. A member of the Legislature.
215 2. An owner of a business in this state which employs fewer
216 than 50 people.
217 3. An owner or representative of a business in this state
218 which employs more than 50 people.
219 4. A representative of an organization who represents the
220 nonmanagement employees of a business.
221 (b) Members of the task force shall serve without
222 compensation, but are entitled to reimbursement for per diem and
223 travel expenses in accordance with s. 112.061.
224 (c) The purpose of the task force is to analyze employment
225 benefits and the impact of state preemption of the regulation of
226 such benefits. The task force shall develop a report that
227 includes its findings and recommendations for legislative action
228 regarding the regulation of employment benefits. The task force
229 shall submit the report to the Governor, the President of the
230 Senate, and the Speaker of the House of Representatives by
231 January 15, 2014.
232 (d) This subsection is repealed June 30, 2014.
233 (5)(6) This section does not prohibit a federally
234 authorized and recognized tribal government from requiring
235 employment benefits for a person employed within a territory
236 over which the tribe has jurisdiction.
237 Section 5. Section 288.047, Florida Statutes, is amended to
238 read:
239 288.047 Quick-response training for economic development.—
240 (1) The Quick-Response Training Program is created to meet
241 the workforce-skill needs of existing, new, and expanding
242 industries. The program shall be administered by CareerSource
243 Florida, Inc. Workforce Florida, Inc., in conjunction with
244 Enterprise Florida, Inc., and the Department of Education.
245 CareerSource Florida, Inc. Workforce Florida, Inc., shall adopt
246 guidelines for the administration of this program,. Workforce
247 Florida, Inc., shall provide technical services, and shall
248 identify businesses that seek services through the program.
249 CareerSource Florida, Inc. Workforce Florida, Inc., may contract
250 with Enterprise Florida, Inc., or administer this program
251 directly, if it is determined that such an arrangement maximizes
252 the amount of the Quick Response grant going to direct services.
253 (2) CareerSource Florida, Inc. Workforce Florida, Inc.,
254 shall ensure that instruction funded pursuant to this section is
255 not available through the local community college or school
256 district and that the instruction promotes economic development
257 by providing specialized training to new workers or retraining
258 for current employees to meet changing skill requirements caused
259 by new technology or new product lines and to prevent potential
260 layoffs. Such funds may not be expended to provide training for
261 instruction related to retail businesses or to reimburse
262 businesses for trainee wages. Funds made available pursuant to
263 this section may not be expended in connection with the
264 relocation of a business from one community to another community
265 in this state unless CareerSource Florida, Inc. Workforce
266 Florida, Inc., determines that, in the absence of without such
267 relocation, the business will move outside this state or
268 determines that the business has a compelling economic rationale
269 for the relocation which creates additional jobs.
270 (3) Requests for funding may be submitted to through the
271 Quick-Response Training Program by may be produced through
272 inquiries from a specific business or industry, through
273 inquiries from a school district director of career education or
274 community college occupational dean on behalf of a business or
275 industry, or through official state or local economic
276 development efforts. In allocating funds for the purposes of the
277 program, CareerSource Florida, Inc. Workforce Florida, Inc.,
278 shall establish criteria for approval of requests for funding
279 and shall select the entity that provides the most efficient,
280 cost-effective instruction meeting such criteria. Program funds
281 may be allocated to a any career center, community college, or
282 state university. Program funds may be allocated to private
283 postsecondary institutions only after upon a review that
284 includes, but is not limited to, accreditation and licensure
285 documentation and prior approval by CareerSource Florida, Inc.
286 Workforce Florida, Inc. Instruction funded through the program
287 must terminate when participants demonstrate competence at the
288 level specified in the request; however, the grant term may not
289 exceed 24 months. Costs and expenditures for the Quick-Response
290 Training Program must be documented and separated from those
291 incurred by the training provider.
292 (4) For the first 6 months of each fiscal year,
293 CareerSource Florida, Inc. Workforce Florida, Inc., shall set
294 aside 30 percent of the amount appropriated by the Legislature
295 for the Quick-Response Training Program by the Legislature to
296 fund instructional programs for businesses located in an
297 enterprise zone or brownfield area. Any unencumbered funds
298 remaining undisbursed from this set-aside at the end of the 6
299 month period may be used to provide funding for a any program
300 that qualifies qualifying for funding pursuant to this section.
301 (5) Prior to the allocation of funds for a any request made
302 pursuant to this section, CareerSource Florida, Inc. Workforce
303 Florida, Inc., shall prepare a grant agreement between the
304 business or industry requesting funds, the educational
305 institution receiving funding through the program, and
306 CareerSource Florida, Inc. Workforce Florida, Inc. Such
307 agreement must include, but is not limited to:
308 (a) An identification of the personnel necessary to conduct
309 the instructional program, the qualifications of such personnel,
310 and the respective responsibilities of the parties for paying
311 costs associated with the employment of such personnel.
312 (b) An identification of the estimated length of the
313 instructional program.
314 (c) An identification of all direct, training-related
315 costs, including tuition and fees, curriculum development, books
316 and classroom materials, and overhead or indirect costs, not to
317 exceed 5 percent of the grant amount.
318 (d) An identification of special program requirements that
319 are not addressed otherwise in the agreement.
320 (e) Permission to access information specific to the wages
321 and performance of participants upon the completion of
322 instruction for evaluation purposes. Information which, if
323 released, would disclose the identity of the person to whom the
324 information pertains or disclose the identity of the person’s
325 employer is confidential and exempt from the provisions of s.
326 119.07(1). The agreement must specify that any evaluations
327 published subsequent to the instruction may not identify the
328 employer or any individual participant.
329 (6) For the purposes of this section, CareerSource Florida,
330 Inc. Workforce Florida, Inc., may accept grants of money,
331 materials, services, or property of any kind from any agency,
332 corporation, or individual.
333 (7) In providing instruction pursuant to this section,
334 materials that relate to methods of manufacture or production,
335 potential trade secrets, business transactions, or proprietary
336 information received, produced, ascertained, or discovered by
337 employees of the respective departments, district school boards,
338 community college district boards of trustees, or other
339 personnel employed for the purposes of this section is
340 confidential and exempt from the provisions of s. 119.07(1). The
341 state may seek copyright protection for all instructional
342 materials and ancillary written documents developed wholly or
343 partially with state funds as a result of instruction provided
344 pursuant to this section, except for materials that are
345 confidential and exempt from the provisions of s. 119.07(1).
346 (8) The There is created a Quick-Response Training Program
347 is created to provide assistance to for participants in the
348 welfare transition program. CareerSource Florida, Inc. Workforce
349 Florida, Inc., may award quick-response training grants and
350 develop applicable guidelines for the training of participants
351 in the welfare transition program. In addition to a local
352 economic development organization, grants must be endorsed by
353 the applicable regional workforce board.
354 (a) Training funded pursuant to this subsection may not
355 exceed 12 months, and may be provided by the local community
356 college, school district, regional workforce board, or the
357 business employing the participant, including on-the-job
358 training. Training will provide entry-level skills to new
359 workers, including those employed in retail, who are
360 participants in the welfare transition program.
361 (b) Participants trained pursuant to this subsection must
362 be employed at a job paying at least wage not less than $6 per
363 hour.
364 (c) Funds made available pursuant to this subsection may be
365 expended in connection with the relocation of a business from
366 one community to another community if approved by CareerSource
367 Florida, Inc. Workforce Florida, Inc.
368 (9) Notwithstanding any other provision of law, eligible
369 matching contributions received under this section from the
370 Quick-Response Training Program under this section may be
371 counted toward the private sector support of Enterprise Florida,
372 Inc., under s. 288.904.
373 (10) CareerSource Florida, Inc. Workforce Florida, Inc.,
374 and Enterprise Florida, Inc., shall coordinate and cooperate
375 ensure maximum coordination and cooperation in administering
376 this section so, in such a manner that any division of
377 responsibility between the two organizations which relates to
378 marketing or administering the Quick-Response Training Program
379 is not apparent to a business that inquires about or applies for
380 funding under this section. A business shall be provided with a
381 single point of contact for information and assistance.
382 Section 6. Paragraph (a) of subsection (6) of section
383 288.0656, Florida Statutes, is amended to read:
384 288.0656 Rural Economic Development Initiative.—
385 (6)(a) By August 1 of each year, the head of each of the
386 following agencies and organizations shall designate a deputy
387 secretary or higher-level staff person from within the agency or
388 organization to serve as the REDI representative for the agency
389 or organization:
390 1. The Department of Transportation.
391 2. The Department of Environmental Protection.
392 3. The Department of Agriculture and Consumer Services.
393 4. The Department of State.
394 5. The Department of Health.
395 6. The Department of Children and Families.
396 7. The Department of Corrections.
397 8. The Department of Education.
398 9. The Department of Juvenile Justice.
399 10. The Fish and Wildlife Conservation Commission.
400 11. Each water management district.
401 12. Enterprise Florida, Inc.
402 13. CareerSource Florida, Inc. Workforce Florida, Inc.
403 14. VISIT Florida.
404 15. The Florida Regional Planning Council Association.
405 16. The Agency for Health Care Administration.
406 17. The Institute of Food and Agricultural Sciences (IFAS).
407
408 An alternate for each designee shall also be chosen, and the
409 names of the designees and alternates shall be sent to the
410 executive director of the department.
411 Section 7. Paragraph (e) of subsection (3) of section
412 288.1252, Florida Statutes, is amended to read:
413 288.1252 Florida Film and Entertainment Advisory Council;
414 creation; purpose; membership; powers and duties.—
415 (3) MEMBERSHIP.—
416 (e) In addition to the 17 appointed members of the council,
417 one A representative from each of Enterprise Florida, Inc., a
418 representative of CareerSource Florida, Inc. Workforce Florida,
419 Inc., and a representative of VISIT Florida shall serve as ex
420 officio, nonvoting members of the council, and shall be in
421 addition to the 17 appointed members of the council.
422 Section 8. Paragraph (a) of subsection (5) of section
423 288.901, Florida Statutes, is amended to read:
424 288.901 Enterprise Florida, Inc.—
425 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
426 (a) In addition to the Governor or his or her the
427 Governor’s designee, the board of directors shall consist of the
428 following appointed members:
429 1. The Commissioner of Education or the commissioner’s
430 designee.
431 2. The Chief Financial Officer or his or her designee.
432 3. The Attorney General or his or her designee.
433 4. The Commissioner of Agriculture or his or her designee.
434 5. The chairperson of the board of directors of
435 CareerSource Florida, Inc. Workforce Florida, Inc.
436 6. The Secretary of State or his or her the secretary’s
437 designee.
438 7. Twelve members from the private sector, six of whom
439 shall be appointed by the Governor, three of whom shall be
440 appointed by the President of the Senate, and three of whom
441 shall be appointed by the Speaker of the House of
442 Representatives. Members appointed by the Governor are subject
443 to Senate confirmation.
444 Section 9. Subsection (6) of section 288.903, Florida
445 Statutes, is amended to read:
446 288.903 Duties of Enterprise Florida, Inc.—Enterprise
447 Florida, Inc., shall have the following duties:
448 (6) In coordination with CareerSource Florida, Inc.
449 Workforce Florida, Inc., identify education and training
450 programs that will ensure that Florida businesses have access to
451 a skilled and competent workforce necessary to compete
452 successfully in the domestic and global marketplace.
453 Section 10. Paragraph (d) of subsection (3) of section
454 295.22, Florida Statutes, is amended to read:
455 295.22 Veterans Employment and Training Services Program.—
456 (3) ADMINISTRATION.—Florida Is For Veterans, Inc., shall
457 administer the Veterans Employment and Training Services Program
458 and perform all of the following functions:
459 (d) Create a grant program to provide funding to assist
460 veterans in meeting the workforce-skill needs of businesses
461 seeking to hire veterans, establish criteria for approval of
462 requests for funding, and maximize the use of funding for this
463 program. Grant funds may be used only in the absence of
464 available veteran-specific federally funded programs. Grants may
465 fund specialized training specific to a particular business.
466 1. Grant funds may be allocated to any training provider
467 selected by the business, including a career center, a Florida
468 College System institution, a state university, or an in-house
469 training provider of the business. If grant funds are used to
470 provide a technical certificate, a licensure, or a degree, funds
471 may be allocated only upon a review that includes, but is not
472 limited to, documentation of accreditation and licensure
473 documentation. Instruction funded through the program terminates
474 must terminate when participants demonstrate competence at the
475 level specified in the request but; however, the grant term may
476 not exceed 48 months. Preference shall be given to target
477 industry businesses, as defined in s. 288.106, and to businesses
478 in the defense supply, cloud virtualization, or commercial
479 aviation manufacturing industries.
480 2. Costs and expenditures for the grant program must be
481 documented and separated from those incurred by the training
482 provider. Costs and expenditures shall be limited to $8,000 per
483 veteran trainee. Eligible costs and expenditures include:
484 a. Tuition and fees.
485 b. Curriculum development.
486 c. Books and classroom materials.
487 d. Rental fees for facilities at public colleges and
488 universities, including virtual training labs.
489 e. Overhead or indirect costs not to exceed 5 percent of
490 the grant amount.
491 3. Before funds are allocated for a request pursuant to
492 this section, the corporation shall prepare a grant agreement
493 between the business requesting funds, the educational
494 institution or training provider receiving funding through the
495 program, and the corporation. Such agreement must include, but
496 need not be limited to:
497 a. Identification of the personnel necessary to conduct the
498 instructional program, the qualifications of such personnel, and
499 the respective responsibilities of the parties for paying costs
500 associated with the employment of such personnel.
501 b. Identification of the match provided by the business,
502 including cash and in-kind contributions, equal to at least 50
503 percent of the total grant amount.
504 c. Identification of the estimated duration of the
505 instructional program.
506 d. Identification of all direct, training-related costs.
507 e. Identification of special program requirements that are
508 not otherwise addressed in the agreement.
509 f. Permission to access aggregate information specific to
510 the wages and performance of participants upon the completion of
511 instruction for evaluation purposes. The agreement must specify
512 that any evaluation published subsequent to the instruction may
513 not identify the employer or any individual participant.
514 4. A business may receive a grant under the Quick-Response
515 Training Program created under s. 288.047 and a grant under this
516 section for the same veteran trainee. If a business receives
517 funds under both programs, one grant agreement may be entered
518 into with CareerSource Florida, Inc. Workforce Florida, Inc., as
519 the grant administrator.
520 Section 11. Subsection (4) of section 320.20, Florida
521 Statutes, is amended to read:
522 320.20 Disposition of license tax moneys.—The revenue
523 derived from the registration of motor vehicles, including any
524 delinquent fees and excluding those revenues collected and
525 distributed under the provisions of s. 320.081, must be
526 distributed monthly, as collected, as follows:
527 (4) Notwithstanding any other provision of law except
528 subsections (1), (2), and (3), $10 million shall be deposited
529 annually into the State Transportation Trust Fund solely for the
530 purposes of funding the Florida Seaport Transportation and
531 Economic Development Program as provided in chapter 311 and for
532 funding seaport intermodal access projects of statewide
533 significance as provided in s. 341.053. Such revenues shall be
534 distributed to any port listed in s. 311.09(1), to be used for
535 funding projects as follows:
536 (a) For any seaport intermodal access projects that are
537 identified in the 1997-1998 Tentative Work Program of the
538 Department of Transportation, up to the amounts needed to offset
539 the funding requirements of this section.
540 (b) For seaport intermodal access projects as described in
541 s. 341.053(6) which are identified in the 5-year Florida Seaport
542 Mission Plan as provided in s. 311.09(3). Funding for such
543 projects shall be on a matching basis as mutually determined by
544 the Florida Seaport Transportation and Economic Development
545 Council and the Department of Transportation if a minimum of 25
546 percent of total project funds come from any port funds, local
547 funds, private funds, or specifically earmarked federal funds.
548 (c) On a 50-50 matching basis for projects as described in
549 s. 311.07(3)(b).
550 (d) For seaport intermodal access projects that involve the
551 dredging or deepening of channels, turning basins, or harbors;
552 or the rehabilitation of wharves, docks, or similar structures.
553 Funding for such projects requires a 25 percent match of the
554 funds received pursuant to this subsection. Matching funds must
555 come from any port funds, federal funds, local funds, or private
556 funds.
557
558 Such revenues may be assigned, pledged, or set aside as a trust
559 for the payment of principal or interest on bonds, tax
560 anticipation certificates, or other form of indebtedness issued
561 by an individual port or appropriate local government having
562 jurisdiction thereof, or collectively by interlocal agreement
563 among any of the ports, or used to purchase credit support to
564 permit such borrowings. However, such debt is not a general
565 obligation of the state. This state covenants with holders of
566 such revenue bonds or other instruments of indebtedness issued
567 hereunder that it will not repeal, or impair, or amend this
568 subsection in a any manner that will materially and adversely
569 affect the rights of holders while so long as bonds authorized
570 by this subsection remain are outstanding. Any Revenues that are
571 not pledged to the repayment of bonds as authorized by this
572 section may be used for purposes authorized under the Florida
573 Seaport Transportation and Economic Development Program. This
574 revenue source is in addition to any amounts provided for and
575 appropriated in accordance with s. 311.07 and subsection (3).
576 The Florida Seaport Transportation and Economic Development
577 Council shall approve distribution of funds to ports for
578 projects that have been approved pursuant to s. 311.09(5)-(8),
579 or for seaport intermodal access projects identified in the 5
580 year Florida Seaport Mission Plan as provided in s. 311.09(3)
581 and mutually agreed upon by the Florida Seaport Transportation
582 and Economic Development Council and the Department of
583 Transportation. All contracts for actual construction of
584 projects authorized by this subsection must include a provision
585 encouraging employment of participants in the welfare transition
586 program. The goal for such employment is 25 percent of all new
587 employees employed specifically for the project, unless the
588 Department of Transportation and the Florida Seaport
589 Transportation and Economic Development Council demonstrate that
590 such a requirement would severely hamper the successful
591 completion of the project. In such an instance, CareerSource
592 Florida, Inc. Workforce Florida, Inc., shall establish an
593 appropriate percentage of employees who are participants in the
594 welfare transition program. The council and the Department of
595 Transportation may perform such acts as are required to
596 facilitate and implement the provisions of this subsection. To
597 better enable the ports to cooperate to their mutual advantage,
598 the governing body of each port may exercise powers provided to
599 municipalities or counties in s. 163.01(7)(d) subject to the
600 provisions of chapter 311 and special acts, if any, pertaining
601 to a port. The use of funds provided pursuant to this subsection
602 is limited to eligible projects listed in this subsection. The
603 revenues available under this subsection may not be pledged to
604 the payment of any bonds other than the Florida Ports Financing
605 Commission Series 1996 and Series 1999 Bonds currently
606 outstanding; however, such revenues may be pledged to secure
607 payment of refunding bonds to refinance the Florida Ports
608 Financing Commission Series 1996 and Series 1999 Bonds.
609 Refunding bonds secured by revenues available under this
610 subsection may not be issued with a final maturity later than
611 the final maturity of the Florida Ports Financing Commission
612 Series 1996 and Series 1999 Bonds and may not or which provide
613 for higher debt service in any year than is currently payable on
614 such bonds. Any revenue bonds or other indebtedness issued after
615 July 1, 2000, other than refunding bonds shall be issued by the
616 Division of Bond Finance at the request of the Department of
617 Transportation pursuant to the State Bond Act.
618 Section 12. Subsections (2) and (9) of section 331.3051,
619 Florida Statutes, are amended to read:
620 331.3051 Duties of Space Florida.—Space Florida shall:
621 (2) Enter into agreement with the Department of Education,
622 the Department of Transportation, Enterprise Florida, Inc., and
623 CareerSource Florida, Inc. Workforce Florida, Inc., for the
624 purpose of implementing this act.
625 (9) Carry out its responsibility for workforce development
626 by coordinating with CareerSource Florida, Inc. Workforce
627 Florida, Inc., community colleges, colleges, public and private
628 universities, and other public and private partners to develop a
629 plan to retain, train, and retrain workers, from entry-level
630 skills training through to technician-level, and 4-year degrees
631 and higher, with the skills most relevant to aerospace
632 employers.
633 Section 13. Subsections (2), (4), and (5) of section
634 331.369, Florida Statutes, are amended to read:
635 331.369 Space Industry Workforce Initiative.—
636 (2) CareerSource Florida, Inc. Workforce Florida, Inc.,
637 shall coordinate development of a Space Industry Workforce
638 Initiative in partnership with Space Florida, public and private
639 universities, community colleges, and other training providers
640 approved by the board. The purpose of the initiative is to use
641 or revise existing programs and to develop innovative new
642 programs to address the workforce needs of the aerospace
643 industry.
644 (4) CareerSource Florida, Inc. Workforce Florida, Inc.,
645 with the assistance of Space Florida, shall convene
646 representatives from the aerospace industry to identify the
647 priority training and education needs of the industry and to
648 appoint a team to design programs to meet the priority needs.
649 (5) CareerSource Florida, Inc. Workforce Florida, Inc., as
650 part of its statutorily prescribed annual report to the
651 Legislature, shall provide recommendations for policies,
652 programs, and funding to enhance the workforce needs of the
653 aerospace industry.
654 Section 14. Paragraph (c) of subsection (3) of section
655 403.973, Florida Statutes, is amended to read:
656 403.973 Expedited permitting; amendments to comprehensive
657 plans.—
658 (3)
659 (c) At the request of a county or municipal government, the
660 Department of Economic Opportunity or a Quick Permitting County
661 may certify projects located in counties where the ratio of new
662 jobs per participant in the welfare transition program, as
663 determined by CareerSource Florida, Inc. Workforce Florida,
664 Inc., is less than one or otherwise critical, as eligible for
665 the expedited permitting process. Such projects must meet the
666 numerical job creation criteria for job creation specified in of
667 this subsection, but the jobs created by the project do not have
668 to be high-wage jobs that diversify the state’s economy.
669 Section 15. Paragraph (c) of subsection (7) of section
670 409.1451, Florida Statutes, is amended to read:
671 409.1451 The Road-to-Independence Program.—
672 (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
673 secretary shall establish the Independent Living Services
674 Advisory Council for the purpose of reviewing and making
675 recommendations concerning the implementation and operation of
676 the provisions of s. 39.6251 and the Road-to-Independence
677 Program. The advisory council shall function as specified in
678 this subsection until the Legislature determines that the
679 advisory council can no longer provide a valuable contribution
680 to the department’s efforts to achieve the goals of the services
681 designed to enable a young adult to live independently.
682 (c) Members of the advisory council shall be appointed by
683 the secretary of the department. The membership of the advisory
684 council must include, at a minimum, representatives from the
685 headquarters and regional offices of the Department of Children
686 and Families, community-based care lead agencies, the Department
687 of Juvenile Justice, the Department of Economic Opportunity, the
688 Department of Education, the Agency for Health Care
689 Administration, the State Youth Advisory Board, CareerSource
690 Florida, Inc. Workforce Florida, Inc., the Statewide Guardian Ad
691 Litem Office, foster parents, recipients of services and funding
692 through the Road-to-Independence Program, and advocates for
693 children in care. The secretary shall determine the length of
694 the term to be served by each member appointed to the advisory
695 council, which may not exceed 4 years.
696 Section 16. Paragraph (k) of subsection (1) and subsection
697 (9) of section 413.405, Florida Statutes, are amended to read:
698 413.405 Florida Rehabilitation Council.—There is created
699 the Florida Rehabilitation Council to assist the division in the
700 planning and development of statewide rehabilitation programs
701 and services, to recommend improvements to such programs and
702 services, and to perform the functions listed in this section.
703 (1) The council shall be composed of:
704 (k) At least one representative of the board of directors
705 of CareerSource Florida, Inc. Workforce Florida, Inc.
706 (9) In addition to the other functions specified in this
707 section, the council shall, after consulting with the board of
708 directors of CareerSource Florida, Inc. Workforce Florida, Inc.:
709 (a) Review, analyze, and advise the division regarding the
710 performance of the responsibilities of the division under Title
711 I of the act, particularly responsibilities relating to:
712 1. Eligibility, including order of selection.
713 2. The extent, scope, and effectiveness of services
714 provided.
715 3. Functions performed by state agencies which that affect
716 or potentially affect the ability of individuals with
717 disabilities to achieve in achieving employment outcomes under
718 Title I.
719 (b) In partnership with the division:
720 1. Develop, agree to, and review state goals and priorities
721 in accordance with 34 C.F.R. s. 361.29(c); and
722 2. Evaluate the effectiveness of the vocational
723 rehabilitation program and submit reports of progress to the
724 Governor, the President of the Senate, the Speaker of the House
725 of Representatives, and the United States Secretary of Education
726 in accordance with 34 C.F.R. s. 361.29(e).
727 (c) Advise the department and the division and assist in
728 the preparation of the state plan and amendments to the plan,
729 applications, reports, needs assessments, and evaluations
730 required by Title I.
731 (d) To the extent feasible, conduct a review and analysis
732 of the effectiveness of, and consumer satisfaction with:
733 1. The functions performed by state agencies and other
734 public and private entities responsible for performing functions
735 for individuals who have disabilities.
736 2. Vocational rehabilitation services:
737 a. Provided or paid for from funds made available under the
738 act or through other public or private sources.
739 b. Provided by state agencies and other public and private
740 entities responsible for providing vocational rehabilitation
741 services to individuals who have disabilities.
742 3. The employment outcomes achieved by eligible individuals
743 receiving services under this part, including the availability
744 of health or other employment benefits in connection with those
745 employment outcomes.
746 (e) Prepare and submit an annual report on the status of
747 vocational rehabilitation programs in the state to the Governor,
748 the President of the Senate, the Speaker of the House of
749 Representatives, and the United States Secretary of Education
750 and make the report available to the public.
751 (f) Coordinate with other councils within Florida,
752 including the Florida Independent Living Council, the advisory
753 panel established under s. 612(a)(21) of the Individuals with
754 Disabilities Education Act, 20 U.S.C. s. 1412(a)(21), the State
755 Planning Council described in s. 124 of the Developmental
756 Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
757 15024, the state mental health planning council established
758 under s. 1914 of the Public Health Service Act, 42 U.S.C. s.
759 300x-3, and the board of directors of CareerSource Florida, Inc.
760 Workforce Florida, Inc.
761 (g) Advise the department and division and provide for
762 coordination and the establishment of working relationships
763 among the department, the division, the Florida Independent
764 Living Council, and centers for independent living in the state.
765 (h) Perform other functions that are consistent with the
766 duties and responsibilities of the council under this section.
767 Section 17. Paragraph (a) of subsection (1) of section
768 413.407, Florida Statutes, is amended to read:
769 413.407 Assistive Technology Advisory Council.—There is
770 created the Assistive Technology Advisory Council, responsible
771 for ensuring consumer involvement in the creation, application,
772 and distribution of technology-related assistance to and for
773 persons who have disabilities. The council shall fulfill its
774 responsibilities through statewide policy development, both
775 state and federal legislative initiatives, advocacy at both the
776 state and federal level, planning of statewide resource
777 allocations, policy-level management, reviews of both consumer
778 responsiveness and the adequacy of program service delivery, and
779 by performing the functions listed in this section.
780 (1)(a) The council shall be composed of:
781 1. Individuals who have disabilities and who are assistive
782 technology consumers or family members or guardians of those
783 individuals.
784 2. Representatives of consumer organizations concerned with
785 assistive technology.
786 3. Representatives of business and industry, including the
787 insurance industry, concerned with assistive technology.
788 4. A representative of the Division of Vocational
789 Rehabilitation.
790 5. A representative of the Division of Blind Services.
791 6. A representative of the Florida Independent Living
792 Council.
793 7. A representative of CareerSource Florida, Inc. Workforce
794 Florida, Inc.
795 8. A representative of the Department of Education.
796 9. Representatives of other state agencies that provide or
797 coordinate services for persons with disabilities.
798
799 Total membership on the council may shall not exceed 27 at any
800 one time. A majority of the members shall be appointed in
801 accordance with subparagraph 1.
802 Section 18. Section 414.045, Florida Statutes, is amended
803 to read:
804 414.045 Cash assistance program.—Cash assistance families
805 include any families receiving cash assistance payments from the
806 state program for temporary assistance for needy families as
807 defined in federal law, whether such funds are from federal
808 funds, state funds, or commingled federal and state funds. Cash
809 assistance families may also include families receiving cash
810 assistance through a program defined as a separate state
811 program.
812 (1) For reporting purposes, families receiving cash
813 assistance shall be grouped into the following categories. The
814 department may develop additional groupings in order to comply
815 with federal reporting requirements, to comply with the data
816 reporting needs of the board of directors of CareerSource
817 Florida, Inc. Workforce Florida, Inc., or to better inform the
818 public of program progress.
819 (a) Work-eligible cases.—Work-eligible cases shall include:
820 1. Families containing an adult or a teen head of
821 household, as defined by federal law. These cases are generally
822 subject to the work activity requirements provided in s. 445.024
823 and the time limitations on benefits provided in s. 414.105.
824 2. Families with a parent where the parent’s needs have
825 been removed from the case due to sanction or disqualification
826 shall be considered work-eligible cases to the extent that such
827 cases are considered in the calculation of federal participation
828 rates or would be counted in such calculation in future months.
829 3. Families participating in transition assistance
830 programs.
831 4. Families otherwise eligible for temporary cash
832 assistance which that receive diversion services, a severance
833 payment, or participate in the relocation program.
834 (b) Child-only cases.—Child-only cases include cases that
835 do not have an adult or teen head of household as defined in
836 federal law. Such cases include:
837 1. Children in the care of caretaker relatives, if where
838 the caretaker relatives choose to have their needs excluded in
839 the calculation of the amount of cash assistance.
840 2. Families in the Relative Caregiver Program as provided
841 in s. 39.5085.
842 3. Families in which the only parent in a single-parent
843 family or both parents in a two-parent family receive
844 supplemental security income (SSI) benefits under Title XVI of
845 the Social Security Act, as amended. To the extent permitted by
846 federal law, individuals receiving SSI shall be excluded as
847 household members in determining the amount of cash assistance,
848 and such cases shall not be considered families containing an
849 adult. Parents or caretaker relatives who are excluded from the
850 cash assistance group due to receipt of SSI may choose to
851 participate in work activities. An individual whose ability to
852 participate in work activities is limited who volunteers to
853 participate in work activities activity but whose ability to
854 participate in work activities is limited shall be assigned to
855 work activities consistent with such limitations. An individual
856 who volunteers to participate in a work activity may receive
857 child care or support services consistent with such
858 participation.
859 4. Families in which where the only parent in a single
860 parent family or both parents in a two-parent family are not
861 eligible for cash assistance due to immigration status or other
862 limitation of federal law. To the extent required by federal
863 law, such cases shall not be considered families containing an
864 adult.
865 5. To the extent permitted by federal law, and subject to
866 appropriations, special needs children who have been adopted
867 pursuant to s. 409.166 and whose adopting family qualifies as a
868 needy family under the state program for temporary assistance
869 for needy families. Notwithstanding any provision to the
870 contrary in s. 414.075, s. 414.085, or s. 414.095, a family
871 shall be considered a needy family if:
872 a. The family is determined by the department to have an
873 income below 200 percent of the federal poverty level;
874 b. The family meets the requirements of s. 414.095(2) and
875 (3) related to residence, citizenship, or eligible noncitizen
876 status; and
877 c. The family provides any information that may be
878 necessary to meet federal reporting requirements specified under
879 Part A of Title IV of the Social Security Act.
880
881 Families described in subparagraph 1., subparagraph 2., or
882 subparagraph 3. may receive child care assistance or other
883 supports or services so that the children may continue to be
884 cared for in their own homes or in the homes of relatives. Such
885 assistance or services may be funded from the temporary
886 assistance for needy families block grant to the extent
887 permitted under federal law and to the extent funds have been
888 provided in the General Appropriations Act.
889 (2) Oversight by the board of directors of CareerSource
890 Florida, Inc. Workforce Florida, Inc., and the service delivery
891 and financial planning responsibilities of the regional
892 workforce boards shall apply to the families defined as work
893 eligible cases in paragraph (1)(a). The department shall be
894 responsible for program administration related to families in
895 groups defined in paragraph (1)(b), and the department shall
896 coordinate such administration with the board of directors of
897 CareerSource Florida, Inc. Workforce Florida, Inc., to the
898 extent needed for operation of the program.
899 Section 19. Subsections (1) and (3) of section 414.105,
900 Florida Statutes, are amended to read:
901 414.105 Time limitations of temporary cash assistance.
902 Except as otherwise provided in this section, an applicant or
903 current participant shall receive temporary cash assistance for
904 no more than a lifetime cumulative total of 48 months, unless
905 otherwise provided by law.
906 (1) Hardship exemptions from to the time limitations
907 provided in this section may not exceed shall be limited to 20
908 percent of the average monthly caseload, as determined by the
909 department in cooperation with CareerSource Florida, Inc.
910 Workforce Florida, Inc. Criteria for hardship exemptions
911 include:
912 (a) Diligent participation in activities, combined with
913 inability to obtain employment.
914 (b) Diligent participation in activities, combined with
915 extraordinary barriers to employment, including the conditions
916 which may result in an exemption to work requirements.
917 (c) Significant barriers to employment, combined with a
918 need for additional time.
919 (d) Diligent participation in activities and a need by teen
920 parents for an exemption in order to have 24 months of
921 eligibility beyond receipt of the high school diploma or
922 equivalent.
923 (e) A recommendation of extension for a minor child of a
924 participating family that has reached the end of the eligibility
925 period for temporary cash assistance. The recommendation must be
926 the result of a review that which determines that the
927 termination of the child’s temporary cash assistance would be
928 likely to result in the child being placed into emergency
929 shelter or foster care.
930 (3) The department, in cooperation with CareerSource
931 Florida, Inc. Workforce Florida, Inc., shall establish a
932 procedure for approving hardship exemptions and for reviewing
933 hardship cases at least once every 2 years. Regional workforce
934 boards may assist in making these determinations.
935 Section 20. Section 414.106, Florida Statutes, is amended
936 to read:
937 414.106 Exemption from public meetings law.—That portion of
938 a meeting held by the department, CareerSource Florida, Inc.
939 Workforce Florida, Inc., or a regional workforce board or local
940 committee created pursuant to s. 445.007 at which personal
941 identifying information contained in records relating to
942 temporary cash assistance is discussed is exempt from s. 286.011
943 and s. 24(b), Art. I of the State Constitution if the
944 information identifies a participant, a participant’s family, or
945 a participant’s family or household member.
946 Section 21. Subsection (1) of section 414.295, Florida
947 Statutes, is amended to read:
948 414.295 Temporary cash assistance programs; public records
949 exemption.—
950 (1) Personal identifying information of a temporary cash
951 assistance program participant, a participant’s family, or a
952 participant’s family or household member, except for information
953 identifying a parent who does not live in the same home as the
954 child, which is held by the department, the Office of Early
955 Learning, CareerSource Florida, Inc. Workforce Florida, Inc.,
956 the Department of Health, the Department of Revenue, the
957 Department of Education, or a regional workforce board or local
958 committee created pursuant to s. 445.007 is confidential and
959 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
960 Constitution. Such confidential and exempt information may be
961 released for purposes directly connected with:
962 (a) The administration of the temporary assistance for
963 needy families plan under Title IV-A of the Social Security Act,
964 as amended, by the department, the Office of Early Learning,
965 CareerSource Florida, Inc. Workforce Florida, Inc., the
966 Department of Military Affairs, the Department of Health, the
967 Department of Revenue, the Department of Education, a regional
968 workforce board or local committee created pursuant to s.
969 445.007, or a school district.
970 (b) The administration of the state’s plan or program
971 approved under Title IV-B, Title IV-D, or Title IV-E of the
972 Social Security Act, as amended, or under Title I, Title X,
973 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
974 Social Security Act, as amended.
975 (c) An Any investigation, prosecution, or any criminal,
976 civil, or administrative proceeding conducted in connection with
977 the administration of any of the plans or programs specified in
978 paragraph (a) or paragraph (b) by a federal, state, or local
979 governmental entity, upon request by that entity, if when such
980 request is made pursuant to the proper exercise of that entity’s
981 duties and responsibilities.
982 (d) The administration of any other state, federal, or
983 federally assisted program that provides assistance or services
984 on the basis of need, in cash or in kind, directly to a
985 participant.
986 (e) An Any audit or similar activity, such as a review of
987 expenditure reports or financial review, conducted in connection
988 with the administration of any of the plans or programs
989 specified in paragraph (a) or paragraph (b) by a governmental
990 entity authorized by law to conduct such audit or activity.
991 (f) The administration of the reemployment assistance
992 program.
993 (g) The reporting to the appropriate agency or official of
994 information about known or suspected instances of physical or
995 mental injury, sexual abuse or exploitation, or negligent
996 treatment or maltreatment of a child or elderly person receiving
997 assistance to the appropriate agency or official, if
998 circumstances indicate that the health or welfare of the child
999 or elderly person is threatened.
1000 (h) The administration of services to elderly persons under
1001 ss. 430.601-430.606.
1002 Section 22. Section 414.55, Florida Statutes, is amended to
1003 read:
1004 414.55 Implementation of community work program.—The
1005 Governor shall minimize the liability of the state by opting out
1006 of the special provision related to community work, as described
1007 in s. 402(a)(1)(B)(iv) of the Social Security Act, as amended by
1008 Pub. L. No. 104-193. The department and CareerSource Florida,
1009 Inc. Workforce Florida, Inc., shall implement the community work
1010 program in accordance with s. 445.024.
1011 Section 23. Subsection (2) of section 420.622, Florida
1012 Statutes, is amended to read:
1013 420.622 State Office on Homelessness; Council on
1014 Homelessness.—
1015 (2) The Council on Homelessness is created to consist of a
1016 17 representatives-member council of public and private agencies
1017 agency representatives who shall develop policy and advise the
1018 State Office on Homelessness. The council members shall be: the
1019 Secretary of Children and Families, or his or her designee; the
1020 executive director of the Department of Economic Opportunity, or
1021 his or her designee, who shall to advise the council on issues
1022 related to rural development; the State Surgeon General, or his
1023 or her designee; the Executive Director of Veterans’ Affairs, or
1024 his or her designee; the Secretary of Corrections, or his or her
1025 designee; the Secretary of Health Care Administration, or his or
1026 her designee; the Commissioner of Education, or his or her
1027 designee; the Director of CareerSource Florida, Inc. Workforce
1028 Florida, Inc., or his or her designee; one representative of the
1029 Florida Association of Counties; one representative of from the
1030 Florida League of Cities; one representative of the Florida
1031 Supportive Housing Coalition; the Executive Director of the
1032 Florida Housing Finance Corporation, or his or her designee; one
1033 representative of the Florida Coalition for the Homeless; and
1034 four members appointed by the Governor. The council members
1035 shall be nonpaid volunteers, volunteer, nonpaid persons and
1036 shall be reimbursed only for travel expenses only. The appointed
1037 members of the council shall be appointed to staggered 2-year
1038 terms, and the council shall meet at least four times per year.
1039 The importance of minority, gender, and geographic
1040 representation shall must be considered in when appointing
1041 members to the council.
1042 Section 24. Paragraph (c) of subsection (1) of section
1043 443.091, Florida Statutes, is amended to read:
1044 443.091 Benefit eligibility conditions.—
1045 (1) An unemployed individual is eligible to receive
1046 benefits for a given any week only if the Department of Economic
1047 Opportunity finds that:
1048 (c) To make continued claims for benefits, she or he is
1049 reporting to the department in accordance with this paragraph
1050 and department rules. Department rules may not conflict with s.
1051 443.111(1)(b), which requires that each claimant continue to
1052 report regardless of any pending appeal relating to her or his
1053 eligibility or disqualification for benefits.
1054 1. For each week of unemployment claimed, each report must,
1055 at a minimum, include the name, address, and telephone number of
1056 each prospective employer contacted, or the date the claimant
1057 reported to a one-stop career center, pursuant to paragraph (d).
1058 2. The department shall must offer an online assessment
1059 aimed at identifying that serves to identify an individual’s
1060 skills, abilities, and career aptitude. The skills assessment
1061 must be voluntary, and the department shall must allow a
1062 claimant to choose whether to take the skills assessment. The
1063 online assessment shall be made available to any person seeking
1064 services from a regional workforce board or a one-stop career
1065 center.
1066 a. If the claimant chooses to take the online assessment,
1067 the outcome of the assessment shall must be made available to
1068 the claimant, regional workforce board, and one-stop career
1069 center. The department, workforce board, or one-stop career
1070 center shall use the assessment to develop a plan for referring
1071 individuals to training and employment opportunities. Aggregate
1072 data on assessment outcomes may be made available to
1073 CareerSource Florida, Inc. Workforce Florida, Inc., and
1074 Enterprise Florida, Inc., for use in the development of policies
1075 related to education and training programs that will ensure that
1076 businesses in this state have access to a skilled and competent
1077 workforce.
1078 b. Individuals shall be informed of and offered services
1079 through the one-stop delivery system, including career
1080 counseling, the provision of skill match and job market
1081 information, and skills upgrade and other training
1082 opportunities, and shall be encouraged to participate in such
1083 services at no cost to the individuals. The department shall
1084 coordinate with CareerSource Florida, Inc. Workforce Florida,
1085 Inc., the workforce boards, and the one-stop career centers to
1086 identify, develop, and use best practices for improving the
1087 skills of individuals who choose to participate in skills
1088 upgrade and other training opportunities. The department may
1089 contract with an entity to create the online assessment in
1090 accordance with the competitive bidding requirements in s.
1091 287.057. The online assessment must work seamlessly with the
1092 Reemployment Assistance Claims and Benefits Information System.
1093 Section 25. Subsections (1) and (4) of section 443.171,
1094 Florida Statutes, are amended to read:
1095 443.171 Department of Economic Opportunity and commission;
1096 powers and duties; records and reports; proceedings; state
1097 federal cooperation.—
1098 (1) POWERS AND DUTIES.—The Department of Economic
1099 Opportunity shall administer this chapter. The department may
1100 employ those persons, make expenditures, require reports,
1101 conduct investigations, and take other action necessary or
1102 suitable to administer this chapter. The department shall
1103 annually submit information to CareerSource Florida, Inc.
1104 Workforce Florida, Inc., covering the administration and
1105 operation of this chapter during the preceding calendar year for
1106 inclusion in the strategic plan under s. 445.006 and may make
1107 recommendations for amendment to this chapter.
1108 (4) EMPLOYMENT STABILIZATION.—The Department of Economic
1109 Opportunity, under the direction of CareerSource Florida, Inc.
1110 Workforce Florida, Inc., shall take all appropriate steps to
1111 reduce and prevent unemployment; to encourage and assist in the
1112 adoption of practical methods of career training, retraining,
1113 and career guidance; to investigate, recommend, advise, and
1114 assist municipalities, counties, school districts, and the state
1115 in the establishment and operation, by municipalities, counties,
1116 school districts, and the state, of reserves for public works to
1117 be used in times of business depression and unemployment; to
1118 promote the reemployment of the unemployed workers throughout
1119 the state in every other way that may be feasible; to refer a
1120 any claimant entitled to extended benefits to suitable work that
1121 which meets the criteria of this chapter; and, to these ends, to
1122 carry on and publish the results of investigations and research
1123 studies.
1124 Section 26. Subsection (1) of section 443.181, Florida
1125 Statutes, is amended to read:
1126 443.181 Public employment service.—
1127 (1) The one-stop delivery system established under s.
1128 445.009 is this state’s public employment service as part of the
1129 national system of public employment offices established under
1130 29 U.S.C. s. 49. The Department of Economic Opportunity, under
1131 policy direction from CareerSource Florida, Inc. Workforce
1132 Florida, Inc., shall cooperate with any official or agency of
1133 the United States having power or duties under 29 U.S.C. ss. 49
1134 49l-1 and shall perform those duties necessary to secure to this
1135 state the funds provided under federal law for the promotion and
1136 maintenance of the state’s public employment service. In
1137 accordance with 29 U.S.C. s. 49c, this state accepts 29 U.S.C.
1138 ss. 49-49l-1. The department is designated the state agency
1139 responsible for cooperating with the United States Secretary of
1140 Labor under 29 U.S.C. s. 49c. The department shall appoint
1141 sufficient employees to administer this section. The department
1142 may cooperate with or enter into agreements with the Railroad
1143 Retirement Board for the establishment, maintenance, and use of
1144 one-stop career centers.
1145 Section 27. Section 445.003, Florida Statutes, is amended
1146 to read:
1147 445.003 Implementation of the federal Workforce Investment
1148 Act of 1998.—
1149 (1) WORKFORCE INVESTMENT ACT PRINCIPLES.—The state’s
1150 approach to implementing the federal Workforce Investment Act of
1151 1998, Pub. L. No. 105-220, should have six elements:
1152 (a) Streamlining Services.—Florida’s employment and
1153 training programs must be coordinated and consolidated at
1154 locally managed one-stop delivery system centers.
1155 (b) Empowering Individuals.—Eligible participants will make
1156 informed decisions, choosing the qualified training program that
1157 best meets their needs.
1158 (c) Universal Access.—Through a one-stop delivery system,
1159 every Floridian will have access to employment services.
1160 (d) Increased Accountability.—The state, localities, and
1161 training providers will be held accountable for their
1162 performance.
1163 (e) Local Board and Private Sector Leadership.—Local boards
1164 will focus on strategic planning, policy development, and
1165 oversight of the local system, choosing local managers to direct
1166 the operational details of their one-stop delivery system
1167 centers.
1168 (f) Local Flexibility and Integration.—Localities will have
1169 exceptional flexibility to build on existing reforms. Unified
1170 planning will free local groups from conflicting
1171 micromanagement, while waivers and WorkFlex will allow local
1172 innovations.
1173 (2) FIVE-YEAR PLAN.—CareerSource Florida, Inc. Workforce
1174 Florida, Inc., shall prepare and submit a 5-year plan, which
1175 must include includes secondary career education, to fulfill the
1176 early implementation requirements of Pub. L. No. 105-220 and
1177 applicable state statutes. Mandatory and optional federal
1178 partners and optional federal partners shall be fully involved
1179 in designing the plan’s one-stop delivery system strategy. The
1180 plan shall detail a process to clearly define each program’s
1181 statewide duties and role relating to the system. Any optional
1182 federal partner may immediately choose to fully integrate its
1183 program’s plan with this plan, which shall, notwithstanding any
1184 other state provisions, fulfill all their state planning and
1185 reporting requirements as they relate to the one-stop delivery
1186 system. The plan must shall detail a process that would fully
1187 integrate all federally mandated and optional partners by the
1188 second year of the plan. All optional federal program partners
1189 in the planning process shall be mandatory participants in the
1190 second year of the plan.
1191 (3) FUNDING.—
1192 (a) Title I, Workforce Investment Act of 1998 funds;
1193 Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
1194 based on the 5-year plan of CareerSource Florida, Inc. Workforce
1195 Florida, Inc. The plan shall outline and direct the method used
1196 to administer and coordinate various funds and programs that are
1197 operated by various agencies. The following provisions shall
1198 also apply to these funds:
1199 1. At least 50 percent of the Title I funds for Adults and
1200 Dislocated Workers which that are passed through to regional
1201 workforce boards shall be allocated to and expended on
1202 Individual Training Accounts unless a regional workforce board
1203 obtains a waiver from CareerSource Florida, Inc. Workforce
1204 Florida, Inc. Tuition, books, and fees of training providers and
1205 other training services prescribed and authorized by the
1206 Workforce Investment Act of 1998 qualify as Individual Training
1207 Account expenditures.
1208 2. Fifteen percent of Title I funding shall be retained at
1209 the state level and shall be dedicated to state administration
1210 and shall be used to design, develop, induce, and fund
1211 innovative Individual Training Account pilots, demonstrations,
1212 and programs. Of such funds retained at the state level, $2
1213 million shall be reserved for the Incumbent Worker Training
1214 Program, created under subparagraph 3. Eligible state
1215 administration costs include the costs of: funding for the board
1216 and staff of CareerSource Florida, Inc. Workforce Florida, Inc.;
1217 operating fiscal, compliance, and management accountability
1218 systems through CareerSource Florida, Inc. Workforce Florida,
1219 Inc.; conducting evaluation and research on workforce
1220 development activities; and providing technical and capacity
1221 building assistance to regions at the direction of CareerSource
1222 Florida, Inc. Workforce Florida, Inc. Notwithstanding s.
1223 445.004, such administrative costs may shall not exceed 25
1224 percent of these funds. An amount not to exceed 75 percent of
1225 these funds shall be allocated to Individual Training Accounts
1226 and other workforce development strategies for other training
1227 designed and tailored by CareerSource Florida, Inc. Workforce
1228 Florida, Inc., including, but not limited to, programs for
1229 incumbent workers, displaced homemakers, nontraditional
1230 employment, and enterprise zones. CareerSource Florida, Inc.
1231 Workforce Florida, Inc., shall design, adopt, and fund
1232 Individual Training Accounts for distressed urban and rural
1233 communities.
1234 3. The Incumbent Worker Training Program is created for the
1235 purpose of providing grant funding for continuing education and
1236 training of incumbent employees at existing Florida businesses.
1237 The program will provide reimbursement grants to businesses that
1238 pay for preapproved, direct, training-related costs.
1239 a. The Incumbent Worker Training Program will be
1240 administered by CareerSource Florida, Inc. Workforce Florida,
1241 Inc. Workforce Florida, Inc., which may, at its discretion, may
1242 contract with a private business organization to serve as grant
1243 administrator.
1244 b. To be eligible for the program’s grant funding, a
1245 business must have been in operation in Florida for a minimum of
1246 1 year prior to the application for grant funding; have at least
1247 one full-time employee; demonstrate financial viability; and be
1248 current on all state tax obligations. Priority for funding shall
1249 be given to businesses with 25 employees or fewer, businesses in
1250 rural areas, businesses in distressed inner-city areas,
1251 businesses in a qualified targeted industry, businesses whose
1252 grant proposals represent a significant upgrade in employee
1253 skills, or businesses whose grant proposals represent a
1254 significant layoff avoidance strategy.
1255 c. All costs reimbursed by the program must be preapproved
1256 by CareerSource Florida, Inc. Workforce Florida, Inc., or the
1257 grant administrator. The program may will not reimburse
1258 businesses for trainee wages, the purchase of capital equipment,
1259 or the purchase of any item or service that may possibly be used
1260 outside the training project. A business approved for a grant
1261 may be reimbursed for preapproved, direct, training-related
1262 costs including tuition; fees; books and training materials; and
1263 overhead or indirect costs not to exceed 5 percent of the grant
1264 amount.
1265 d. A business that is selected to receive grant funding
1266 must provide a matching contribution to the training project,
1267 including, but not limited to, wages paid to trainees or the
1268 purchase of capital equipment used in the training project; must
1269 sign an agreement with CareerSource Florida, Inc. Workforce
1270 Florida, Inc., or the grant administrator to complete the
1271 training project as proposed in the application; must keep
1272 accurate records of the project’s implementation process; and
1273 must submit monthly or quarterly reimbursement requests with
1274 required documentation.
1275 e. All Incumbent Worker Training Program grant projects
1276 shall be performance-based with specific measurable performance
1277 outcomes, including completion of the training project and job
1278 retention. CareerSource Florida, Inc. Workforce Florida, Inc.,
1279 or the grant administrator shall withhold the final payment to
1280 the grantee until a final grant report is submitted and all
1281 performance criteria specified in the grant contract have been
1282 achieved.
1283 f. CareerSource Florida, Inc. Workforce Florida, Inc., may
1284 establish guidelines necessary to implement the Incumbent Worker
1285 Training Program.
1286 g. No more than 10 percent of the Incumbent Worker Training
1287 Program’s total appropriation may be used for overhead or
1288 indirect purposes.
1289 4. At least 50 percent of Rapid Response funding shall be
1290 dedicated to Intensive Services Accounts and Individual Training
1291 Accounts for dislocated workers and incumbent workers who are at
1292 risk of dislocation. CareerSource Florida, Inc. Workforce
1293 Florida, Inc., shall also maintain an Emergency Preparedness
1294 Fund from Rapid Response funds, which will immediately issue
1295 Intensive Service Accounts, and Individual Training Accounts,
1296 and as well as other federally authorized assistance to eligible
1297 victims of natural or other disasters. At the direction of the
1298 Governor, for events that qualify under federal law, these Rapid
1299 Response funds shall be released to regional workforce boards
1300 for immediate use after events that qualify under federal law.
1301 Funding shall also be dedicated to maintain a unit at the state
1302 level to respond to Rapid Response emergencies and around the
1303 state, to work with state emergency management officials, and to
1304 work with regional workforce boards. All Rapid Response funds
1305 must be expended based on a plan developed by CareerSource
1306 Florida, Inc. Workforce Florida, Inc., and approved by the
1307 Governor.
1308 (b) The administrative entity for Title I, Workforce
1309 Investment Act of 1998 funds, and Rapid Response activities is,
1310 shall be the Department of Economic Opportunity, which shall
1311 provide direction to regional workforce boards regarding Title I
1312 programs and Rapid Response activities pursuant to the direction
1313 of CareerSource Florida, Inc. Workforce Florida, Inc.
1314 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
1315 MODIFICATIONS.—
1316 (a) CareerSource Florida, Inc. Workforce Florida, Inc., may
1317 provide indemnification from audit liabilities to regional
1318 workforce boards that act in full compliance with state law and
1319 board policy the board’s policies.
1320 (b) CareerSource Florida, Inc. Workforce Florida, Inc., may
1321 negotiate and settle all outstanding issues with the United
1322 States Department of Labor relating to decisions made by
1323 CareerSource Florida, Inc. Workforce Florida, Inc., any
1324 predecessor workforce organization, and the Legislature with
1325 regard to the Job Training Partnership Act, making settlements
1326 and closing out all JTPA program year grants.
1327 (c) CareerSource Florida, Inc. Workforce Florida, Inc., may
1328 make modifications to the state’s plan, policies, and procedures
1329 to comply with federally mandated requirements that in its
1330 judgment must be complied with to maintain funding provided
1331 pursuant to Pub. L. No. 105-220. The board shall provide written
1332 notice to notify in writing the Governor, the President of the
1333 Senate, and the Speaker of the House of Representatives within
1334 30 days after any such changes or modifications.
1335 (5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.
1336 CareerSource Florida, Inc. Workforce Florida, Inc., may
1337 recommend workforce-related divisions, bureaus, units, programs,
1338 duties, commissions, boards, and councils for elimination,
1339 consolidation, or privatization that can be eliminated,
1340 consolidated, or privatized.
1341 Section 28. Section 445.004, Florida Statutes, is amended
1342 to read:
1343 445.004 CareerSource Florida, Inc. Workforce Florida, Inc.;
1344 creation; purpose; membership; duties and powers.—
1345 (1) CareerSource Florida, Inc., There is created as a not
1346 for-profit corporation, to be known as “Workforce Florida,
1347 Inc.,” which shall be registered, incorporated, organized, and
1348 operated in compliance with chapter 617. CareerSource Florida,
1349 Inc., is not, and which shall not be a unit or entity of state
1350 government and is shall be exempt from chapters 120 and 287.
1351 CareerSource Florida, Inc. Workforce Florida, Inc., shall apply
1352 the procurement and expenditure procedures required by federal
1353 law for the expenditure of federal funds. CareerSource Florida,
1354 Inc. Workforce Florida, Inc., shall be administratively housed
1355 within the Department of Economic Opportunity; however,
1356 CareerSource Florida, Inc., is not Workforce Florida, Inc.,
1357 shall not be subject to control, supervision, or direction by
1358 the department in any manner. The Legislature finds determines,
1359 however, that public policy dictates that CareerSource Florida,
1360 Inc. Workforce Florida, Inc., operate in the most open and
1361 accessible manner consistent with its public purpose. To this
1362 end, the Legislature specifically declares that CareerSource
1363 Florida, Inc. Workforce Florida, Inc., its board, councils, and
1364 any advisory committees or similar groups created by
1365 CareerSource Florida, Inc. Workforce Florida, Inc., are subject
1366 to the provisions of chapter 119 relating to public records, and
1367 those provisions of chapter 286 relating to public meetings.
1368 (2) CareerSource Florida, Inc. Workforce Florida, Inc., is
1369 the principal workforce policy organization for the state. The
1370 purpose of CareerSource Florida, Inc. Workforce Florida, Inc.,
1371 is to design and implement strategies that help Floridians
1372 enter, remain in, and advance in the workplace, so that they may
1373 become becoming more highly skilled and successful, which
1374 benefits benefiting these Floridians, Florida businesses, and
1375 the entire state, and fosters the development of to assist in
1376 developing the state’s business climate.
1377 (3)(a) CareerSource Florida, Inc. Workforce Florida, Inc.,
1378 shall be governed by a board of directors, the number of
1379 directors to be determined by the Governor, whose membership and
1380 appointment must be consistent with Pub. L. No. 105-220, Title
1381 I, s. 111(b). Members described in Pub. L. No. 105-220, Title I,
1382 s. 111(b)(1)(C)(vi) shall be nonvoting members. The number of
1383 directors shall be determined by the Governor, who shall
1384 consider the importance of minority, gender, and geographic
1385 representation in shall be considered when making appointments
1386 to the board. The Governor, When the Governor is in attendance,
1387 he or she shall preside at all meetings of the board of
1388 directors.
1389 (b) The board of directors of CareerSource Florida, Inc.
1390 Workforce Florida, Inc., shall be chaired by a board member
1391 designated by the Governor pursuant to Pub. L. No. 105-220. A
1392 member may not and shall serve no more than two terms.
1393 (c) Members appointed by the Governor may serve no more
1394 than two terms and must be appointed for 3-year terms. However,
1395 in order to establish staggered terms for board members, the
1396 Governor shall appoint or reappoint one-third of the board
1397 members for 1-year terms, one-third of the board members for 2
1398 year terms, and one-third of the board members for 3-year terms
1399 beginning July 1, 2005. Subsequent appointments or
1400 reappointments shall be Following that date, the Governor shall
1401 appoint or reappoint board members for 3-year terms exclusively,
1402 except that, when a board member appointed to fill a vacancy on
1403 the board is replaced before the end of a 3-year term, the
1404 replacement shall be appointed to serve only the remainder of
1405 the that term of the member who he or she is replacing, and,
1406 after which the replacement may be appointed for a subsequent
1407 full 3-year term. Private sector representatives of businesses,
1408 appointed by the Governor pursuant to Pub. L. No. 105-220, shall
1409 constitute a majority of the membership of the board. Private
1410 sector representatives shall be appointed from nominations
1411 received by the Governor, including, but not limited to, those
1412 nominations made by the President of the Senate and the Speaker
1413 of the House of Representatives. Private sector appointments to
1414 the board must shall be representative of the business community
1415 of this state; no fewer than one-half of the appointments to the
1416 board must be representative of small businesses, and at least
1417 five members must have economic development experience. Members
1418 appointed by the Governor serve at the pleasure of the Governor
1419 and are eligible for reappointment.
1420 (d) A member of the board of directors of CareerSource
1421 Florida, Inc. Workforce Florida, Inc., may be removed by the
1422 Governor for cause. Absence from three consecutive meetings
1423 results in automatic removal. The chair of CareerSource Florida,
1424 Inc. Workforce Florida, Inc., shall notify the Governor of such
1425 absences.
1426 (e) Representatives of businesses appointed to the board of
1427 directors may not include providers of workforce services.
1428 (4)(a) The president of CareerSource Florida, Inc.
1429 Workforce Florida, Inc., shall be hired by the board of
1430 directors of CareerSource Florida, Inc. Workforce Florida, Inc.,
1431 and shall serve at the pleasure of the Governor in the capacity
1432 of an executive director and secretary of CareerSource Florida,
1433 Inc. Workforce Florida, Inc.
1434 (b) The board of directors of CareerSource Florida, Inc.
1435 Workforce Florida, Inc., shall meet at least quarterly and at
1436 other times upon the call of its chair. The board and its
1437 committees, subcommittees, or other subdivisions may use any
1438 method of telecommunications to conduct meetings, including
1439 establishing a quorum through telecommunications, if provided
1440 that the public is given proper notice of the telecommunications
1441 meeting and is given reasonable access to observe and, if when
1442 appropriate, participate.
1443 (c) A majority of the total current membership of the board
1444 of directors of CareerSource Florida, Inc., constitutes
1445 Workforce Florida, Inc., comprises a quorum of the board.
1446 (d) A majority of those voting is required to organize and
1447 conduct the business of the board, except that a majority of the
1448 entire board of directors is required to adopt or amend the
1449 bylaws.
1450 (e) Except as delegated or authorized by the board of
1451 directors of CareerSource Florida, Inc. Workforce Florida, Inc.,
1452 individual members have no authority to control or direct the
1453 operations of CareerSource Florida, Inc. Workforce Florida,
1454 Inc., or the actions of its officers and employees, including
1455 the president.
1456 (f) Members of the board of directors of CareerSource
1457 Florida, Inc. Workforce Florida, Inc., and its committees shall
1458 serve without compensation, but these members, the president,
1459 and the all employees of CareerSource Florida, Inc. Workforce
1460 Florida, Inc., may be reimbursed for all reasonable, necessary,
1461 and actual expenses pursuant to s. 112.061.
1462 (g) The board of directors of CareerSource Florida, Inc.
1463 Workforce Florida, Inc., may establish an executive committee
1464 consisting of the chair and at least six additional board
1465 members selected by the chair, one of whom must be a
1466 representative of organized labor. The executive committee and
1467 the president shall have such authority as the board delegates
1468 to them it, except that the board of directors may not delegate
1469 to the executive committee authority to take action that
1470 requires approval by a majority of the entire board of
1471 directors.
1472 (h) The chair may appoint committees to fulfill the board’s
1473 its responsibilities, to comply with federal requirements, or to
1474 obtain technical assistance, and must incorporate members of
1475 regional workforce development boards into its structure.
1476 (i) Each member of the board of directors who is not
1477 otherwise required to file a financial disclosure pursuant to s.
1478 8, Art. II of the State Constitution or s. 112.3144 must file
1479 disclosure of financial interests pursuant to s. 112.3145.
1480 (5) CareerSource Florida, Inc. Workforce Florida, Inc.,
1481 shall have all the powers and authority, not explicitly
1482 prohibited by statute which are, necessary or convenient to
1483 carry out and effectuate its the purposes as determined by
1484 statute, Pub. L. No. 105-220, and the Governor, as well as its
1485 functions, duties, and responsibilities, including, but not
1486 limited to, the following:
1487 (a) Serving as the state’s Workforce Investment Board
1488 pursuant to Pub. L. No. 105-220. Unless otherwise required by
1489 federal law, at least 90 percent of the workforce development
1490 funding must go toward into direct customer service costs.
1491 (b) Providing oversight and policy direction to ensure that
1492 the following programs are administered by the department in
1493 compliance with approved plans and under contract with
1494 CareerSource Florida, Inc. Workforce Florida, Inc.:
1495 1. Programs authorized under Title I of the Workforce
1496 Investment Act of 1998, Pub. L. No. 105-220, with the exception
1497 of programs funded directly by the United States Department of
1498 Labor under Title I, s. 167.
1499 2. Programs authorized under the Wagner-Peyser Act of 1933,
1500 as amended, 29 U.S.C. ss. 49 et seq.
1501 3. Activities authorized under Title II of the Trade Act of
1502 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
1503 Adjustment Assistance Program.
1504 4. Activities authorized under 38 U.S.C., chapter 41,
1505 including job counseling, training, and placement for veterans.
1506 5. Employment and training activities carried out under
1507 funds awarded to this state by the United States Department of
1508 Housing and Urban Development.
1509 6. Welfare transition services funded by the Temporary
1510 Assistance for Needy Families Program, created under the
1511 Personal Responsibility and Work Opportunity Reconciliation Act
1512 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
1513 of the Social Security Act, as amended.
1514 7. Displaced homemaker programs, provided under s. 446.50.
1515 8. The Florida Bonding Program, provided under Pub. L. No.
1516 97-300, s. 164(a)(1).
1517 9. The Food Assistance Employment and Training Program,
1518 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
1519 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
1520 and the Hunger Prevention Act, Pub. L. No. 100-435.
1521 10. The Quick-Response Training Program, provided under ss.
1522 288.046-288.047. Matching funds and in-kind contributions that
1523 are provided by clients of the Quick-Response Training Program
1524 shall count toward the requirements of s. 288.904, pertaining to
1525 the return on investment from activities of Enterprise Florida,
1526 Inc.
1527 11. The Work Opportunity Tax Credit, provided under the Tax
1528 and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
1529 the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
1530 12. Offender placement services, provided under ss.
1531 944.707-944.708.
1532 (c) The department may adopt rules necessary to administer
1533 the provisions of this chapter which relate to implementing and
1534 administering the programs listed in paragraph (b) as well as
1535 rules related to eligible training providers and auditing and
1536 monitoring subrecipients of the workforce system grant funds.
1537 (d) Contracting with public and private entities as
1538 necessary to further the directives of this section. All
1539 contracts executed by CareerSource Florida, Inc. Workforce
1540 Florida, Inc., must include specific performance expectations
1541 and deliverables. All CareerSource Florida, Inc. Workforce
1542 Florida, Inc., contracts, including those solicited, managed, or
1543 paid by the department pursuant to s. 20.60(5)(c) are exempt
1544 from s. 112.061, but shall be governed by subsection (1).
1545 (e) Notifying the Governor, the President of the Senate,
1546 and the Speaker of the House of Representatives of noncompliance
1547 by the department or other agencies or obstruction of the
1548 board’s efforts by such agencies. Upon such notification, the
1549 Executive Office of the Governor shall assist agencies to bring
1550 them into compliance with board objectives.
1551 (f) Ensuring that the state does not waste valuable
1552 training resources. Thus, The board shall direct that all
1553 resources, including equipment purchased for training Workforce
1554 Investment Act clients, be available for use at all times by
1555 eligible populations as first priority users. At times when
1556 eligible populations are not available, such resources shall be
1557 used for any other state-authorized state authorized education
1558 and training purpose. CareerSource Florida, Inc. Workforce
1559 Florida, Inc., may authorize expenditures to award suitable
1560 framed certificates, pins, or other tokens of recognition for
1561 performance by a regional workforce board, its committees and
1562 subdivisions, and other units of the workforce system.
1563 CareerSource Florida, Inc. Workforce Florida, Inc., may also
1564 authorize expenditures for promotional items, such as t-shirts,
1565 hats, or pens printed with messages promoting the state’s
1566 workforce system to employers, job seekers, and program
1567 participants. However, such expenditures are subject to federal
1568 regulations applicable to the expenditure of federal funds.
1569 (g) Establishing Establish a dispute resolution process for
1570 all memoranda of understanding or other contracts or agreements
1571 entered into between the department and regional workforce
1572 boards.
1573 (h) Archiving records with the Bureau of Archives and
1574 Records Management of the Division of Library and Information
1575 Services of the Department of State.
1576 (6) CareerSource Florida, Inc. Workforce Florida, Inc., may
1577 take action that it deems necessary to achieve the purposes of
1578 this section, including, but not limited to:
1579 (a) Creating a state employment, education, and training
1580 policy that ensures that programs to prepare workers are
1581 responsive to present and future business and industry needs and
1582 complement the initiatives of Enterprise Florida, Inc.
1583 (b) Establishing policy direction for a funding system that
1584 provides incentives to improve the outcomes of career education,
1585 programs, and of registered apprenticeship, and work-based
1586 learning programs, and that focuses resources on occupations
1587 related to new or emerging industries that add greatly to the
1588 value of the state’s economy.
1589 (c) Establishing a comprehensive policy related to the
1590 education and training of target populations such as those who
1591 have disabilities, are economically disadvantaged, receive
1592 public assistance, are not proficient in English, or are
1593 dislocated workers. This approach should ensure the effective
1594 use of federal, state, local, and private resources in reducing
1595 the need for public assistance.
1596 (d) Designating Institutes of Applied Technology composed
1597 of public and private postsecondary institutions working
1598 together with business and industry to ensure that career
1599 education programs use the most advanced technology and
1600 instructional methods available and respond to the changing
1601 needs of business and industry.
1602 (e) Providing policy direction for a system to project and
1603 evaluate labor market supply and demand using the results of the
1604 Workforce Estimating Conference created in s. 216.136 and the
1605 career education performance standards identified under s.
1606 1008.43.
1607 (f) Reviewing the performance of public programs that are
1608 responsible for economic development, education, employment, and
1609 training. The review must include an analysis of the return on
1610 investment of these programs.
1611 (g) Expanding the occupations identified by the Workforce
1612 Estimating Conference to meet needs created by local emergencies
1613 or plant closings or to capture occupations within emerging
1614 industries.
1615 (7) By December 1 of each year, CareerSource Florida, Inc.
1616 Workforce Florida, Inc., shall submit to the Governor, the
1617 President of the Senate, the Speaker of the House of
1618 Representatives, the Senate Minority Leader, and the House
1619 Minority Leader a complete and detailed annual report setting
1620 forth:
1621 (a) All audits, including any the audit conducted under in
1622 subsection (8), if conducted.
1623 (b) The operations and accomplishments of the board,
1624 including the programs or entities specified listed in
1625 subsection (6).
1626 (8) The Auditor General may, Pursuant to his or her own
1627 authority or at the direction of the Legislative Auditing
1628 Committee, the Auditor General may conduct an audit of
1629 CareerSource Florida, Inc. Workforce Florida, Inc., or the
1630 programs or entities created by CareerSource Florida, Inc.
1631 Workforce Florida, Inc. The Office of Program Policy Analysis
1632 and Government Accountability, pursuant to its authority or at
1633 the direction of the Legislative Auditing Committee, may review
1634 the systems and controls related to performance outcomes and
1635 quality of services of CareerSource Florida, Inc. Workforce
1636 Florida, Inc.
1637 (9) CareerSource Florida, Inc. Workforce Florida, Inc., in
1638 collaboration with the regional workforce boards and appropriate
1639 state agencies and local public and private service providers,
1640 and in consultation with the Office of Program Policy Analysis
1641 and Government Accountability, shall establish uniform measures
1642 and standards to gauge the performance of the workforce
1643 development strategy. These measures and standards must be
1644 organized into three outcome tiers.
1645 (a) The first tier of measures must be organized to provide
1646 benchmarks for systemwide outcomes. CareerSource Florida, Inc.
1647 Workforce Florida, Inc., shall must, in collaboration with the
1648 Office of Program Policy Analysis and Government Accountability,
1649 establish goals for the tier-one outcomes. Systemwide outcomes
1650 may include employment in occupations demonstrating continued
1651 growth in wages; continued employment after 3, 6, 12, and 24
1652 months; reduction in and elimination of public assistance
1653 reliance; job placement; employer satisfaction; and positive
1654 return on investment of public resources.
1655 (b) The second tier of measures must be organized to
1656 provide a set of benchmark outcomes for the strategic components
1657 of the workforce development strategy. Cost per entered
1658 employment, earnings at placement, retention in employment, job
1659 placement, and entered employment rate must be included among
1660 the performance outcome measures.
1661 (c) The third tier of measures must be the operational
1662 output measures to be used by the agency implementing programs,
1663 which and it may be specific to federal requirements. The tier
1664 three measures must be developed by the agencies implementing
1665 programs, which and Workforce Florida, Inc., may consult with
1666 CareerSource Florida, Inc., be consulted in this effort. Such
1667 measures must be reported to CareerSource Florida, Inc.
1668 Workforce Florida, Inc., by the appropriate implementing agency.
1669 (d) Regional differences must be reflected in the
1670 establishment of performance goals and may include job
1671 availability, unemployment rates, average worker wage, and
1672 available employable population.
1673 (e) Job placement must be reported pursuant to s. 1008.39.
1674 Positive outcomes for providers of education and training must
1675 be consistent with ss. 1008.42 and 1008.43.
1676 (f) The uniform measures of success that are adopted by
1677 CareerSource Florida, Inc. Workforce Florida, Inc., or the
1678 regional workforce boards must be developed in a manner that
1679 provides for an equitable comparison of the relative success or
1680 failure of any service provider in terms of positive outcomes.
1681 (g) By December 1 of each year, CareerSource Florida, Inc.
1682 Workforce Florida, Inc., shall provide the Legislature with a
1683 report detailing the performance of Florida’s workforce
1684 development system, as reflected in the three-tier measurement
1685 system. The Additionally, this report also must benchmark
1686 Florida outcomes for, at all tiers as compared with, against
1687 other states that collect data similarly.
1688 (10) The workforce development strategy for the state shall
1689 be designed by CareerSource Florida, Inc. Workforce Florida,
1690 Inc. The strategy must include efforts that enlist business,
1691 education, and community support for students to achieve long
1692 term career goals, ensuring that young people have the academic
1693 and occupational skills required to succeed in the workplace.
1694 The strategy must also assist employers in upgrading or updating
1695 the skills of their employees and assisting workers to acquire
1696 the education or training needed to secure a better job with
1697 better wages. The strategy must assist the state’s efforts to
1698 attract and expand job-creating businesses offering high-paying,
1699 high-demand occupations.
1700 (11) The workforce development system must shall use a
1701 charter-process approach aimed at encouraging local design and
1702 control of service delivery and targeted activities.
1703 CareerSource Florida, Inc. Workforce Florida, Inc., shall be
1704 responsible for granting charters to regional workforce boards
1705 that have a membership consistent with the requirements of
1706 federal and state law and that have developed a plan consistent
1707 with the state’s workforce development strategy. The plan must
1708 specify methods for allocating the resources and programs in a
1709 manner that eliminates unwarranted duplication, minimizes
1710 administrative costs, meets the existing job market demands and
1711 the job market demands resulting from successful economic
1712 development activities, ensures access to quality workforce
1713 development services for all Floridians, allows for pro rata or
1714 partial distribution of benefits and services, prohibits the
1715 creation of a waiting list or other indication of an unserved
1716 population, serves as many individuals as possible within
1717 available resources, and maximizes successful outcomes. As part
1718 of the charter process, CareerSource Florida, Inc. Workforce
1719 Florida, Inc., shall establish incentives for effective
1720 coordination of federal and state programs, outline rewards for
1721 successful job placements, and institute collaborative
1722 approaches among local service providers. Local decisionmaking
1723 and control shall be important components for inclusion in this
1724 charter application.
1725 (12) CareerSource Florida, Inc. Workforce Florida, Inc.,
1726 shall enter into agreement with Space Florida and collaborate
1727 with vocational institutes, community colleges, colleges, and
1728 universities in this state, to develop a workforce development
1729 strategy to implement the workforce provisions of s. 331.3051.
1730 Section 29. Subsections (1) and (2), paragraph (g) of
1731 subsection (3), and paragraph (a) of subsection (6) of section
1732 445.006, Florida Statutes, are amended to read:
1733 445.006 Strategic and operational plans for workforce
1734 development.—
1735 (1) CareerSource Florida, Inc. Workforce Florida, Inc., in
1736 conjunction with state and local partners in the workforce
1737 system, shall develop a strategic plan that produces skilled
1738 employees for employers in the state. The strategic plan shall
1739 be updated or modified by January 1 of each year. The plan must
1740 include, but need not be limited to, strategies for:
1741 (a) Fulfilling the workforce system goals and strategies
1742 prescribed in s. 445.004;
1743 (b) Aggregating, integrating, and leveraging workforce
1744 system resources;
1745 (c) Coordinating the activities of federal, state, and
1746 local workforce system partners;
1747 (d) Addressing the workforce needs of small businesses; and
1748 (e) Fostering the participation of rural communities and
1749 distressed urban cores in the workforce system.
1750 (2) CareerSource Florida, Inc. Workforce Florida, Inc.,
1751 shall establish an operational plan to implement the state
1752 strategic plan. The operational plan shall be submitted to the
1753 Governor and the Legislature along with the strategic plan and
1754 must reflect the allocation of resources as appropriated by the
1755 Legislature to specific responsibilities enumerated in law. As a
1756 component of the operational plan required under this section,
1757 CareerSource Florida, Inc. Workforce Florida, Inc., shall
1758 develop a workforce marketing plan, with the goal of educating
1759 individuals inside and outside the state about the employment
1760 market and employment conditions in the state. The marketing
1761 plan must include, but need not be limited to, strategies for:
1762 (a) Distributing information to secondary and postsecondary
1763 education institutions about the diversity of businesses in the
1764 state, specific clusters of businesses or business sectors in
1765 the state, and occupations by industry which are in demand by
1766 employers in the state;
1767 (b) Distributing information about and promoting use of the
1768 Internet-based job matching and labor market information system
1769 authorized under s. 445.011; and
1770 (c) Coordinating with Enterprise Florida, Inc., to ensure
1771 that workforce marketing efforts complement the economic
1772 development marketing efforts of the state.
1773 (3) The operational plan must include performance measures,
1774 standards, measurement criteria, and contract guidelines in the
1775 following areas with respect to participants in the welfare
1776 transition program:
1777 (g) Other issues identified by the board of directors of
1778 CareerSource Florida, Inc. Workforce Florida, Inc.
1779 (6)(a) The operational plan must include strategies that
1780 are designed to prevent or reduce the need for a person to
1781 receive public assistance, including:
1782 1. A teen pregnancy prevention component that includes, but
1783 is not limited to, a plan for implementing the Teen Pregnancy
1784 Prevention Community Initiative within each county of the
1785 services area in which the teen birth rate is higher than the
1786 state average;
1787 2. A component that encourages community-based welfare
1788 prevention and reduction initiatives that increase support
1789 provided by noncustodial parents to their welfare-dependent
1790 children and are consistent with program and financial
1791 guidelines developed by CareerSource Florida, Inc. Workforce
1792 Florida, Inc., and the Commission on Responsible Fatherhood.
1793 These initiatives may include improved paternity establishment,
1794 work activities for noncustodial parents, programs aimed at
1795 decreasing out-of-wedlock pregnancies, encouraging involvement
1796 of fathers with their children which includes court-ordered
1797 supervised visitation, and increasing child support payments;
1798 3. A component that encourages formation and maintenance of
1799 two-parent families through, among other things, court-ordered
1800 supervised visitation;
1801 4. A component that fosters responsible fatherhood in
1802 families receiving assistance; and
1803 5. A component that fosters the provision of services that
1804 reduce the incidence and effects of domestic violence on women
1805 and children in families receiving assistance.
1806 Section 30. Subsections (3), (4), (5), (6), (7), (9), (10),
1807 (11), and (12) of section 445.007, Florida Statutes, are amended
1808 to read:
1809 445.007 Regional workforce boards.—
1810 (3) The Department of Economic Opportunity, under the
1811 direction of CareerSource Florida, Inc. Workforce Florida, Inc.,
1812 shall assign staff to meet with each regional workforce board
1813 annually to review the board’s performance and to certify that
1814 the board is in compliance with applicable state and federal
1815 law.
1816 (4) In addition to the duties and functions specified by
1817 CareerSource Florida, Inc. Workforce Florida, Inc., and by the
1818 interlocal agreement approved by the local county or city
1819 governing bodies, the regional workforce board shall have the
1820 following responsibilities:
1821 (a) Develop, submit, ratify, or amend the local plan
1822 pursuant to Pub. L. No. 105-220, Title I, s. 118, and the
1823 provisions of this act.
1824 (b) Conclude agreements necessary to designate the fiscal
1825 agent and administrative entity. A public or private entity,
1826 including an entity established pursuant to s. 163.01, which
1827 makes a majority of the appointments to a regional workforce
1828 board may serve as the board’s administrative entity if approved
1829 by CareerSource Florida, Inc. Workforce Florida, Inc., based
1830 upon a showing that a fair and competitive process was used to
1831 select the administrative entity.
1832 (c) Complete assurances required for the charter process of
1833 CareerSource Florida, Inc. Workforce Florida, Inc., and provide
1834 ongoing oversight related to administrative costs, duplicated
1835 services, career counseling, economic development, equal access,
1836 compliance and accountability, and performance outcomes.
1837 (d) Oversee the one-stop delivery system in its local area.
1838 (5) CareerSource Florida, Inc. Workforce Florida, Inc.,
1839 shall implement a training program for the regional workforce
1840 boards to familiarize board members with the state’s workforce
1841 development goals and strategies.
1842 (6) The regional workforce board shall designate all local
1843 service providers and may not transfer this authority to a third
1844 party. Consistent with the intent of the Workforce Investment
1845 Act, regional workforce boards should provide the greatest
1846 possible choice of training providers to those who qualify for
1847 training services. A regional workforce board may not restrict
1848 the choice of training providers based upon cost, location, or
1849 historical training arrangements. However, a board may restrict
1850 the amount of training resources available to any one client.
1851 Such restrictions may vary based upon the cost of training in
1852 the client’s chosen occupational area. The regional workforce
1853 board may be designated as a one-stop operator and direct
1854 provider of intake, assessment, eligibility determinations, or
1855 other direct provider services except training services. Such
1856 designation may occur only with the agreement of the chief
1857 elected official and the Governor as specified in 29 U.S.C. s.
1858 2832(f)(2). CareerSource Florida, Inc. Workforce Florida, Inc.,
1859 shall establish procedures by which a regional workforce board
1860 may request permission to operate under this section and the
1861 criteria under which such permission may be granted. The
1862 criteria shall include, but need not be limited to, a reduction
1863 in the cost of providing the permitted services. Such permission
1864 shall be granted for a period not to exceed 3 years for any
1865 single request submitted by the regional workforce board.
1866 (7) Regional workforce boards shall adopt a committee
1867 structure consistent with applicable federal law and state
1868 policies established by CareerSource Florida, Inc. Workforce
1869 Florida, Inc.
1870 (9) For purposes of procurement, regional workforce boards
1871 and their administrative entities are not state agencies and are
1872 exempt from chapters 120 and 287. The regional workforce boards
1873 shall apply the procurement and expenditure procedures required
1874 by federal law and policies of the Department of Economic
1875 Opportunity and CareerSource Florida, Inc. Workforce Florida,
1876 Inc., for the expenditure of federal, state, and nonpass-through
1877 funds. The making or approval of smaller, multiple payments for
1878 a single purchase with the intent to avoid or evade the monetary
1879 thresholds and procedures established by federal law and
1880 policies of the Department of Economic Opportunity and
1881 CareerSource Florida, Inc. Workforce Florida, Inc., is grounds
1882 for removal for cause. Regional workforce boards, their
1883 administrative entities, committees, and subcommittees, and
1884 other workforce units may authorize expenditures to award
1885 suitable framed certificates, pins, or other tokens of
1886 recognition for performance by units of the workforce system.
1887 Regional workforce boards; their administrative entities,
1888 committees, and subcommittees; and other workforce units may
1889 authorize expenditures for promotional items, such as t-shirts,
1890 hats, or pens printed with messages promoting Florida’s
1891 workforce system to employers, job seekers, and program
1892 participants. However, such expenditures are subject to federal
1893 regulations applicable to the expenditure of federal funds. All
1894 contracts executed by regional workforce boards must include
1895 specific performance expectations and deliverables.
1896 (10) State and federal funds provided to the regional
1897 workforce boards may not be used directly or indirectly to pay
1898 for meals, food, or beverages for board members, staff, or
1899 employees of regional workforce boards, CareerSource Florida,
1900 Inc. Workforce Florida, Inc., or the Department of Economic
1901 Opportunity except as expressly authorized by state law.
1902 Preapproved, reasonable, and necessary per diem allowances and
1903 travel expenses may be reimbursed. Such reimbursement shall be
1904 at the standard travel reimbursement rates established in s.
1905 112.061 and shall be in compliance with all applicable federal
1906 and state requirements. CareerSource Florida, Inc. Workforce
1907 Florida, Inc., shall develop a statewide fiscal policy
1908 applicable to the state board and all regional workforce boards,
1909 to hold both the state and regional boards strictly accountable
1910 for adherence to the policy and subject to regular and periodic
1911 monitoring by the Department of Economic Opportunity, the
1912 administrative entity for CareerSource Florida, Inc. Workforce
1913 Florida, Inc. Boards are prohibited from expending state or
1914 federal funds for entertainment costs and recreational
1915 activities for board members and employees as these terms are
1916 defined by 2 C.F.R. part 230.
1917 (11) To increase transparency and accountability, a
1918 regional workforce board must comply with the requirements of
1919 this section before contracting with a member of the board or a
1920 relative, as defined in s. 112.3143(1)(c), of a board member or
1921 of an employee of the board. Such contracts may not be executed
1922 before or without the approval of CareerSource Florida, Inc.
1923 Workforce Florida, Inc. Such contracts, as well as documentation
1924 demonstrating adherence to this section as specified by
1925 CareerSource Florida, Inc. Workforce Florida, Inc., must be
1926 submitted to the Department of Economic Opportunity for review
1927 and recommendation according to criteria to be determined by
1928 CareerSource Florida, Inc. Workforce Florida, Inc. Such a
1929 contract must be approved by a two-thirds vote of the board, a
1930 quorum having been established; all conflicts of interest must
1931 be disclosed before the vote; and any member who may benefit
1932 from the contract, or whose relative may benefit from the
1933 contract, must abstain from the vote. A contract under $25,000
1934 between a regional workforce board and a member of that board or
1935 between a relative, as defined in s. 112.3143(1)(c), of a board
1936 member or of an employee of the board is not required to have
1937 the prior approval of CareerSource Florida, Inc. Workforce
1938 Florida, Inc., but must be approved by a two-thirds vote of the
1939 board, a quorum having been established, and must be reported to
1940 the Department of Economic Opportunity and CareerSource Florida,
1941 Inc. Workforce Florida, Inc., within 30 days after approval. If
1942 a contract cannot be approved by CareerSource Florida, Inc.
1943 Workforce Florida, Inc., a review of the decision to disapprove
1944 the contract may be requested by the regional workforce board or
1945 other parties to the disapproved contract.
1946 (12) Each regional workforce board shall develop a budget
1947 for the purpose of carrying out the duties of the board under
1948 this section, subject to the approval of the chief elected
1949 official. Each regional workforce board shall submit its annual
1950 budget for review to CareerSource Florida, Inc. Workforce
1951 Florida, Inc., no later than 2 weeks after the chair approves
1952 the budget.
1953 Section 31. Subsections (1) and (4) of section 445.0071,
1954 Florida Statutes, are amended to read:
1955 445.0071 Florida Youth Summer Jobs Pilot Program.—
1956 (1) CREATION.—Contingent upon appropriations, there is
1957 created the Florida Youth Summer Jobs Pilot Program within
1958 workforce development district 22 served by the Broward
1959 Workforce Development Board. The board shall, in consultation
1960 with CareerSource Florida, Inc. Workforce Florida, Inc., provide
1961 a program offering at-risk and disadvantaged children summer
1962 jobs in partnership with local communities and public employers.
1963 (4) GOVERNANCE.—
1964 (a) The pilot program shall be administered by the regional
1965 workforce board in consultation with CareerSource Florida, Inc.
1966 Workforce Florida, Inc.
1967 (b) The regional workforce board shall report to
1968 CareerSource Florida, Inc. Workforce Florida, Inc., the number
1969 of at-risk and disadvantaged children who enter the program, the
1970 types of work activities they participate in, and the number of
1971 children who return to school, go on to postsecondary school, or
1972 enter the workforce full time at the end of the program.
1973 CareerSource Florida, Inc. Workforce Florida, Inc., shall report
1974 to the Legislature by November 1 of each year on the performance
1975 of the program.
1976 Section 32. Section 445.008, Florida Statutes, is amended
1977 to read:
1978 445.008 Workforce Training Institute.—
1979 (1) CareerSource Florida, Inc. Workforce Florida, Inc., may
1980 create the Workforce Training Institute, which shall be a
1981 comprehensive program of workforce training courses designed to
1982 meet the unique needs of, and shall include Internet-based
1983 training modules suitable for and made available to,
1984 professionals integral to the workforce system, including
1985 advisors and counselors in educational institutions.
1986 (2) CareerSource Florida, Inc. Workforce Florida, Inc., may
1987 enter into a contract for the provision of administrative
1988 support services for the institute and. Workforce Florida, Inc.,
1989 shall adopt policies for the administration and operation of the
1990 institute and establish admission fees in an amount which, in
1991 the aggregate, does not exceed the cost of the program.
1992 CareerSource Florida, Inc. Workforce Florida, Inc., may accept
1993 donations or grants of any type for any function or purpose of
1994 the institute.
1995 (3) All moneys, fees, donations, or grants collected by
1996 CareerSource Florida, Inc. Workforce Florida, Inc., under this
1997 section shall be applied to cover all costs incurred in
1998 establishing and conducting the workforce training programs
1999 authorized under this section, including, but not limited to,
2000 salaries for instructors and costs of materials connected to
2001 such programs.
2002 Section 33. Subsections (2) and (4), paragraph (b) of
2003 subsection (6), subsection (7), paragraphs (a), (c), and (d) of
2004 subsection (8), and subsection (9) of section 445.009, Florida
2005 Statutes, are amended to read:
2006 445.009 One-stop delivery system.—
2007 (2)(a) Subject to a process designed by CareerSource
2008 Florida, Inc. Workforce Florida, Inc., and in compliance with
2009 Pub. L. No. 105-220, regional workforce boards shall designate
2010 one-stop delivery system operators.
2011 (b) A regional workforce board may designate as its one
2012 stop delivery system operator any public or private entity that
2013 is eligible to provide services under any state or federal
2014 workforce program that is a mandatory or discretionary partner
2015 in the region’s one-stop delivery system if approved by
2016 CareerSource Florida, Inc. Workforce Florida, Inc., upon a
2017 showing by the regional workforce board that a fair and
2018 competitive process was used in the selection. As a condition of
2019 authorizing a regional workforce board to designate such an
2020 entity as its one-stop delivery system operator, CareerSource
2021 Florida, Inc. Workforce Florida, Inc., must require the regional
2022 workforce board to demonstrate that safeguards are in place to
2023 ensure that the one-stop delivery system operator will not
2024 exercise an unfair competitive advantage or unfairly refer or
2025 direct customers of the one-stop delivery system to services
2026 provided by that one-stop delivery system operator. A regional
2027 workforce board may retain its current One-Stop Career Center
2028 operator without further procurement action if where the board
2029 has an established a One-Stop Career Center that has complied
2030 with federal and state law.
2031 (4) One-stop delivery system partners shall enter into a
2032 memorandum of understanding pursuant to Pub. L. No. 105-220,
2033 Title I, s. 121, with the regional workforce board. Failure of a
2034 local partner to participate cannot unilaterally block the
2035 majority of partners from moving forward with their one-stop
2036 delivery system, and CareerSource Florida, Inc. Workforce
2037 Florida, Inc., pursuant to s. 445.004(5)(e), may make
2038 notification of a local partner that fails to participate.
2039 (6)
2040 (b) To expand electronic capabilities, CareerSource
2041 Florida, Inc. Workforce Florida, Inc., working with regional
2042 workforce boards, shall develop a centralized help center to
2043 assist regional workforce boards in fulfilling core services,
2044 minimizing the need for fixed-site one-stop delivery system
2045 centers.
2046 (7) Intensive services and training provided pursuant to
2047 Pub. L. No. 105-220, shall be provided to individuals through
2048 Intensive Service Accounts and Individual Training Accounts.
2049 CareerSource Florida, Inc. Workforce Florida, Inc., shall
2050 develop an implementation plan, including identification of
2051 initially eligible training providers, transition guidelines,
2052 and criteria for use of these accounts. Individual Training
2053 Accounts must be compatible with Individual Development Accounts
2054 for education allowed in federal and state welfare reform
2055 statutes.
2056 (8)(a) Individual Training Accounts must be expended on
2057 programs that prepare people to enter high-wage occupations
2058 identified by the Workforce Estimating Conference created by s.
2059 216.136, and on other programs as approved by CareerSource
2060 Florida, Inc. Workforce Florida, Inc.
2061 (c) CareerSource Florida, Inc. Workforce Florida, Inc.,
2062 shall periodically review Individual Training Account pricing
2063 schedules developed by regional workforce boards and present
2064 findings and recommendations for process improvement to the
2065 President of the Senate and the Speaker of the House of
2066 Representatives.
2067 (d) To the maximum extent possible, training providers
2068 shall use funding sources other than the funding provided under
2069 Pub. L. No. 105-220. CareerSource Florida, Inc. Workforce
2070 Florida, Inc., shall develop a system to encourage the
2071 leveraging of appropriated resources for the workforce system
2072 and shall report on such efforts as part of the required annual
2073 report.
2074 (9)(a) CareerSource Florida, Inc. Workforce Florida, Inc.,
2075 working with the department, shall coordinate among the agencies
2076 a plan for a One-Stop Electronic Network made up of one-stop
2077 delivery system centers and other partner agencies that are
2078 operated by authorized public or private for-profit or not-for
2079 profit agents. The plan shall identify resources within existing
2080 revenues to establish and support this electronic network for
2081 service delivery that includes Government Services Direct. If
2082 necessary, the plan shall identify additional funding needed to
2083 achieve the provisions of this subsection.
2084 (b) The network shall assure that a uniform method is used
2085 to determine eligibility for and management of services provided
2086 by agencies that conduct workforce development activities. The
2087 Department of Management Services shall develop strategies to
2088 allow access to the databases and information management systems
2089 of the following systems in order to link information in those
2090 databases with the one-stop delivery system:
2091 1. The Reemployment Assistance Program under chapter 443.
2092 2. The public employment service described in s. 443.181.
2093 3. The FLORIDA System and the components related to
2094 temporary cash assistance, food assistance, and Medicaid
2095 eligibility.
2096 4. The Student Financial Assistance System of the
2097 Department of Education.
2098 5. Enrollment in the public postsecondary education system.
2099 6. Other information systems determined appropriate by
2100 CareerSource Florida, Inc. Workforce Florida, Inc.
2101 Section 34. Section 445.011, Florida Statutes, is amended
2102 to read:
2103 445.011 Workforce information systems.—
2104 (1) CareerSource Florida, Inc. Workforce Florida, Inc.,
2105 shall implement, subject to legislative appropriation, automated
2106 information systems that are necessary for the efficient and
2107 effective operation and management of the workforce development
2108 system. These information systems shall include, but need not be
2109 limited to, the following:
2110 (a) An integrated management system for the one-stop
2111 service delivery system, which includes, at a minimum, common
2112 registration and intake, screening for needs and benefits, case
2113 planning and tracking, training benefits management, service and
2114 training provider management, performance reporting, executive
2115 information and reporting, and customer-satisfaction tracking
2116 and reporting.
2117 1. The system should report current budgeting, expenditure,
2118 and performance information for assessing performance related to
2119 outcomes, service delivery, and financial administration for
2120 workforce programs pursuant to s. 445.004(5) and (9).
2121 2. The information system should include auditable systems
2122 and controls to ensure financial integrity and valid and
2123 reliable performance information.
2124 3. The system should support service integration and case
2125 management by providing for case tracking for participants in
2126 welfare transition programs.
2127 (b) An automated job-matching information system that is
2128 accessible to employers, job seekers, and other users via the
2129 Internet, and that includes, at a minimum:
2130 1. Skill match information, including skill gap analysis;
2131 resume creation; job order creation; skill tests; job search by
2132 area, employer type, and employer name; and training provider
2133 linkage;
2134 2. Job market information based on surveys, including
2135 local, state, regional, national, and international occupational
2136 and job availability information; and
2137 3. Service provider information, including education and
2138 training providers, child care facilities and related
2139 information, health and social service agencies, and other
2140 providers of services that would be useful to job seekers.
2141 (2) In procuring workforce information systems,
2142 CareerSource Florida, Inc. Workforce Florida, Inc., shall employ
2143 competitive processes, including requests for proposals,
2144 competitive negotiation, and other competitive processes to
2145 ensure that the procurement results in the most cost-effective
2146 investment of state funds.
2147 (3) CareerSource Florida, Inc. Workforce Florida, Inc., may
2148 procure independent verification and validation services
2149 associated with developing and implementing any workforce
2150 information system.
2151 (4) CareerSource Florida, Inc. Workforce Florida, Inc.,
2152 shall coordinate development and implementation of workforce
2153 information systems with the executive director of the Agency
2154 for State Technology to ensure compatibility with the state’s
2155 information system strategy and enterprise architecture.
2156 Section 35. Subsections (1) and (3) of section 445.014,
2157 Florida Statutes, are amended to read:
2158 445.014 Small business workforce service initiative.—
2159 (1) Subject to legislative appropriation, CareerSource
2160 Florida, Inc. Workforce Florida, Inc., shall establish a program
2161 to encourage regional workforce development boards to establish
2162 one-stop delivery systems that maximize the provision of
2163 workforce and human-resource support services to small
2164 businesses. Under the program, a regional workforce board may
2165 apply, on a competitive basis, for funds to support the
2166 provision of such services to small businesses through the
2167 region’s one-stop delivery system.
2168 (3) CareerSource Florida, Inc. Workforce Florida, Inc.,
2169 shall establish guidelines governing the administration of this
2170 program and shall establish criteria to be used in evaluating
2171 applications for funding. Such criteria must include, but need
2172 not be limited to, a showing that the regional board has in
2173 place a detailed plan for establishing a one-stop delivery
2174 system designed to meet the workforce needs of small businesses
2175 and for leveraging other funding sources in support of such
2176 activities.
2177 Section 36. Subsection (5) of section 445.016, Florida
2178 Statutes, is amended to read:
2179 445.016 Untried Worker Placement and Employment Incentive
2180 Act.—
2181 (5) Incentives must be paid according to the incentive
2182 schedule developed by CareerSource Florida, Inc. Workforce
2183 Florida, Inc., the Department of Economic Opportunity, and the
2184 Department of Children and Families which costs the state less
2185 per placement than the state’s 12-month expenditure on a welfare
2186 recipient.
2187 Section 37. Subsections (2) and (4) of section 445.021,
2188 Florida Statutes, are amended to read:
2189 445.021 Relocation assistance program.—
2190 (2) The relocation assistance program shall involve five
2191 steps by the regional workforce board, in cooperation with the
2192 Department of Children and Families:
2193 (a) A determination that the family is receiving temporary
2194 cash assistance or that all requirements of eligibility for
2195 diversion services would likely be met.
2196 (b) A determination that there is a basis for believing
2197 that relocation will contribute to the ability of the applicant
2198 to achieve self-sufficiency. For example, the applicant:
2199 1. Is unlikely to achieve economic self-sufficiency at the
2200 current community of residence;
2201 2. Has secured a job that provides an increased salary or
2202 improved benefits and that requires relocation to another
2203 community;
2204 3. Has a family support network that will contribute to job
2205 retention in another community;
2206 4. Is determined, pursuant to criteria or procedures
2207 established by the board of directors of CareerSource Florida,
2208 Inc. Workforce Florida, Inc., to be a victim of domestic
2209 violence who would experience reduced probability of further
2210 incidents through relocation; or
2211 5. Must relocate in order to receive education or training
2212 that is directly related to the applicant’s employment or career
2213 advancement.
2214 (c) Establishment of a relocation plan that includes such
2215 requirements as are necessary to prevent abuse of the benefit
2216 and provisions to protect the safety of victims of domestic
2217 violence and avoid provisions that place them in anticipated
2218 danger. The payment to defray relocation expenses shall be
2219 determined based on criteria approved by the board of directors
2220 of CareerSource Florida, Inc. Workforce Florida, Inc.
2221 Participants in the relocation program shall be eligible for
2222 diversion or transitional benefits.
2223 (d) A determination, pursuant to criteria adopted by the
2224 board of directors of CareerSource Florida, Inc. Workforce
2225 Florida, Inc., that a community receiving a relocated family has
2226 the capacity to provide needed services and employment
2227 opportunities.
2228 (e) Monitoring the relocation.
2229 (4) The board of directors of CareerSource Florida, Inc.
2230 Workforce Florida, Inc., may establish criteria for developing
2231 and implementing relocation plans and for drafting agreements to
2232 restrict a family from applying for temporary cash assistance
2233 for a specified period after receiving a relocation assistance
2234 payment.
2235 Section 38. Section 445.022, Florida Statutes, is amended
2236 to read:
2237 445.022 Retention Incentive Training Accounts.—To promote
2238 job retention and to enable upward job advancement into higher
2239 skilled, higher paying employment, the board of directors of
2240 CareerSource Florida, Inc. Workforce Florida, Inc., and the
2241 regional workforce boards may assemble, from postsecondary
2242 education institutions, a list of programs and courses offered
2243 by postsecondary educational institutions which may be available
2244 to for participants who have become employed to which promote
2245 job retention and advancement.
2246 (1) The board of directors of CareerSource Florida, Inc.
2247 Workforce Florida, Inc., may establish Retention Incentive
2248 Training Accounts (RITAs) to use. RITAs shall utilize Temporary
2249 Assistance to Needy Families (TANF) block grant funds
2250 specifically appropriated for this purpose. RITAs must
2251 complement the Individual Training Account required by the
2252 federal Workforce Investment Act of 1998, Pub. L. No. 105-220.
2253 (2) RITAs may pay for tuition, fees, educational materials,
2254 coaching and mentoring, performance incentives, transportation
2255 to and from courses, child care costs during education courses,
2256 and other such costs as the regional workforce boards determine
2257 are necessary to effect successful job retention and
2258 advancement.
2259 (3) Regional workforce boards shall retain only those
2260 courses that continue to meet their performance standards as
2261 established in their local plan.
2262 (4) Regional workforce boards shall report annually to the
2263 Legislature on the measurable retention and advancement success
2264 of each program provider and the effectiveness of RITAs, making
2265 recommendations for any needed changes or modifications.
2266 Section 39. Paragraph (e) of subsection (5) of section
2267 445.024, Florida Statutes, is amended to read:
2268 445.024 Work requirements.—
2269 (5) USE OF CONTRACTS.—Regional workforce boards shall
2270 provide work activities, training, and other services, as
2271 appropriate, through contracts. In contracting for work
2272 activities, training, or services, the following applies:
2273 (e) The administrative costs associated with a contract for
2274 services provided under this section may not exceed the
2275 applicable administrative cost ceiling established in federal
2276 law. An agency or entity that is awarded a contract under this
2277 section may not charge more than 7 percent of the value of the
2278 contract for administration, unless an exception is approved by
2279 the regional workforce board. A list of any exceptions approved
2280 must be submitted to the board of directors of CareerSource
2281 Florida, Inc. Workforce Florida, Inc., for review, and the board
2282 may rescind approval of the exception.
2283 Section 40. Subsection (6) of section 445.026, Florida
2284 Statutes, is amended to read:
2285 445.026 Cash assistance severance benefit.—An individual
2286 who meets the criteria listed in this section may choose to
2287 receive a lump-sum payment in lieu of ongoing cash assistance
2288 payments if he or she, provided the individual:
2289 (6) Signs an agreement not to apply for or accept cash
2290 assistance for 6 months after receipt of the one-time payment.
2291 In the event of an emergency, such agreement shall provide for
2292 an exception to this restriction, provided that the one-time
2293 payment shall be deducted from any cash assistance for which the
2294 family subsequently is approved. This deduction may be prorated
2295 over an 8-month period. The board of directors of CareerSource
2296 Florida, Inc. Workforce Florida, Inc., shall adopt criteria
2297 defining the conditions under which a family may receive cash
2298 assistance due to such emergency.
2299
2300 Such individual may choose to accept a one-time, lump-sum
2301 payment of $1,000 in lieu of receiving ongoing cash assistance.
2302 Such payment shall only count toward the time limitation for the
2303 month in which the payment is made in lieu of cash assistance. A
2304 participant choosing to accept such payment shall be terminated
2305 from cash assistance. However, eligibility for Medicaid, food
2306 assistance, or child care shall continue, subject to the
2307 eligibility requirements of those programs.
2308 Section 41. Section 445.028, Florida Statutes, is amended
2309 to read:
2310 445.028 Transitional benefits and services.—In cooperation
2311 with CareerSource Florida, Inc. Workforce Florida, Inc., the
2312 Department of Children and Families shall develop procedures to
2313 ensure that families leaving the temporary cash assistance
2314 program receive transitional benefits and services that will
2315 assist the family in moving toward self-sufficiency. At a
2316 minimum, such procedures must include, but are not limited to,
2317 the following:
2318 (1) Each recipient of cash assistance who is determined
2319 ineligible for cash assistance for a reason other than a work
2320 activity sanction shall be contacted by the workforce system
2321 case manager and provided information about the availability of
2322 transitional benefits and services. Such contact shall be
2323 attempted prior to closure of the case management file.
2324 (2) Each recipient of temporary cash assistance who is
2325 determined ineligible for cash assistance due to noncompliance
2326 with the work activity requirements shall be contacted and
2327 provided information in accordance with s. 414.065(1).
2328 (3) The department, in consultation with the board of
2329 directors of CareerSource Florida, Inc. Workforce Florida, Inc.,
2330 shall develop informational material, including posters and
2331 brochures, to better inform families about the availability of
2332 transitional benefits and services.
2333 (4) CareerSource Florida, Inc. Workforce Florida, Inc., in
2334 cooperation with the Department of Children and Families shall,
2335 to the extent permitted by federal law, develop procedures to
2336 maximize the utilization of transitional Medicaid by families
2337 who leave the temporary cash assistance program.
2338 Section 42. Section 445.030, Florida Statutes, is amended
2339 to read:
2340 445.030 Transitional education and training.—In order to
2341 assist former recipients of temporary cash assistance who are
2342 working or actively seeking employment in continuing their
2343 training and upgrading their skills, education, or training,
2344 support services may be provided for up to 2 years after the
2345 family is no longer receiving temporary cash assistance. This
2346 section does not constitute an entitlement to transitional
2347 education and training. If funds are not sufficient to provide
2348 services under this section, the board of directors of
2349 CareerSource Florida, Inc. Workforce Florida, Inc., may limit or
2350 otherwise prioritize transitional education and training.
2351 (1) Education or training resources available in the
2352 community at no additional cost shall be used whenever possible.
2353 (2) Regional workforce boards may authorize child care or
2354 other support services in addition to services provided in
2355 conjunction with employment. For example, a participant who is
2356 employed full time may receive child care services related to
2357 that employment and may also receive additional child care
2358 services in conjunction with training to upgrade the
2359 participant’s skills.
2360 (3) Transitional education or training must be job-related,
2361 but may include training to improve job skills in a
2362 participant’s existing area of employment or may include
2363 training to prepare a participant for employment in another
2364 occupation.
2365 (4) A regional workforce board may enter into an agreement
2366 with an employer to share the costs relating to upgrading the
2367 skills of participants hired by the employer. For example, a
2368 regional workforce board may agree to provide support services
2369 such as transportation or a wage subsidy in conjunction with
2370 training opportunities provided by the employer.
2371 Section 43. Section 445.033, Florida Statutes, is amended
2372 to read:
2373 445.033 Evaluation.—The board of directors of CareerSource
2374 Florida, Inc. Workforce Florida, Inc., and the Department of
2375 Children and Families shall arrange for evaluation of TANF
2376 funded programs operated under this chapter, as follows:
2377 (1) If required by federal waivers or other federal
2378 requirements, the board of directors of CareerSource Florida,
2379 Inc. Workforce Florida, Inc., and the department may provide for
2380 evaluation according to these requirements.
2381 (2) The board of directors of CareerSource Florida, Inc.
2382 Workforce Florida, Inc., and the department shall participate in
2383 the evaluation of this program in conjunction with evaluation of
2384 the state’s workforce development programs or similar activities
2385 aimed at evaluating program outcomes, cost-effectiveness, or
2386 return on investment, and the impact of time limits, sanctions,
2387 and other welfare reform measures set out in this chapter.
2388 Evaluation shall also contain information on the number of
2389 participants in work experience assignments who obtain
2390 unsubsidized employment, including, but not limited to, the
2391 length of time the unsubsidized job is retained, wages, and the
2392 public benefits, if any, received by such families while in
2393 unsubsidized employment. The evaluation must shall solicit the
2394 input of consumers, community-based organizations, service
2395 providers, employers, and the general public, and must shall
2396 publicize, especially in low-income communities, the process for
2397 submitting comments.
2398 (3) The board of directors of CareerSource Florida, Inc.
2399 Workforce Florida, Inc., and the department may share
2400 information with and develop protocols for information exchange
2401 with the Florida Education and Training Placement Information
2402 Program.
2403 (4) The board of directors of CareerSource Florida, Inc.
2404 Workforce Florida, Inc., and the department may initiate or
2405 participate in additional evaluation or assessment activities
2406 that will further the systematic study of issues related to
2407 program goals and outcomes.
2408 (5) In providing for evaluation activities, the board of
2409 directors of CareerSource Florida, Inc. Workforce Florida, Inc.,
2410 and the department shall safeguard the use or disclosure of
2411 information obtained from program participants consistent with
2412 federal or state requirements. Evaluation methodologies may be
2413 used which are appropriate for evaluation of program activities,
2414 including random assignment of recipients or participants into
2415 program groups or control groups. To the extent necessary or
2416 appropriate, evaluation data shall provide information with
2417 respect to the state, district, or county, or other substate
2418 area.
2419 (6) The board of directors of CareerSource Florida, Inc.
2420 Workforce Florida, Inc., and the department may contract with a
2421 qualified organization for evaluations conducted under this
2422 section.
2423 Section 44. Section 445.035, Florida Statutes, is amended
2424 to read:
2425 445.035 Data collection and reporting.—The Department of
2426 Children and Families and the board of directors of CareerSource
2427 Florida, Inc. Workforce Florida, Inc., shall collect data
2428 necessary to administer this chapter and make the reports
2429 required under federal law to the United States Department of
2430 Health and Human Services and the United States Department of
2431 Agriculture.
2432 Section 45. Section 445.038, Florida Statutes, is amended
2433 to read:
2434 445.038 Digital media; job training.—CareerSource Florida,
2435 Inc. Workforce Florida, Inc., through the Department of Economic
2436 Opportunity, may use funds dedicated for incumbent worker
2437 training for the digital media industry. Training may be
2438 provided by public or private training providers for broadband
2439 digital media jobs listed on the targeted occupations list
2440 developed by the Workforce Estimating Conference or CareerSource
2441 Florida, Inc. Workforce Florida, Inc. Programs that operate
2442 outside the normal semester time periods and coordinate the use
2443 of industry and public resources should be given priority status
2444 for funding.
2445 Section 46. Section 445.045, Florida Statutes, is amended
2446 to read:
2447 445.045 Development of an Internet-based system for
2448 information technology industry promotion and workforce
2449 recruitment.—
2450 (1) CareerSource Florida, Inc. Workforce Florida, Inc., is
2451 responsible for directing the development and maintenance of a
2452 website that promotes and markets the information technology
2453 industry in this state. The website shall be designed to inform
2454 the public concerning the scope of the information technology
2455 industry in the state and shall also be designed to address the
2456 workforce needs of the industry. The website must shall include,
2457 through links or actual content, information concerning
2458 information technology businesses in this state, including links
2459 to such businesses; information concerning employment available
2460 at these businesses; and the means by which a job seeker may
2461 post a resume on the website.
2462 (2) CareerSource Florida, Inc. Workforce Florida, Inc.,
2463 shall coordinate with the Agency for State Technology and the
2464 Department of Economic Opportunity to ensure links, as where
2465 feasible and appropriate, to existing job information websites
2466 maintained by the state and state agencies and to ensure that
2467 information technology positions offered by the state and state
2468 agencies are posted on the information technology website.
2469 (3) CareerSource Florida, Inc. Workforce Florida, Inc.,
2470 shall ensure that the website developed and maintained under
2471 this section is consistent, compatible, and coordinated with the
2472 workforce information systems required under s. 445.011,
2473 including, but not limited to, the automated job-matching
2474 information system for employers, job seekers, and other users.
2475 (4)(a) CareerSource Florida, Inc. Workforce Florida, Inc.,
2476 shall coordinate development and maintenance of the website
2477 under this section with the executive director of the Agency for
2478 State Technology to ensure compatibility with the state’s
2479 information system strategy and enterprise architecture.
2480 (b) CareerSource Florida, Inc. Workforce Florida, Inc., may
2481 enter into an agreement with the Agency for State Technology,
2482 the Department of Economic Opportunity, or any other public
2483 agency with the requisite information technology expertise for
2484 the provision of design, operating, or other technological
2485 services necessary to develop and maintain the website.
2486 (c) CareerSource Florida, Inc. Workforce Florida, Inc., may
2487 procure services necessary to implement this section, if it
2488 employs competitive processes, including requests for proposals,
2489 competitive negotiation, and other competitive processes to
2490 ensure that the procurement results in the most cost-effective
2491 investment of state funds.
2492 (5) In furtherance of the requirements of this section that
2493 the website promote and market the information technology
2494 industry by communicating information on the scope of the
2495 industry in this state, CareerSource Florida, Inc. Workforce
2496 Florida, Inc., shall coordinate its efforts with the high
2497 technology industry marketing efforts of Enterprise Florida,
2498 Inc., under s. 288.911. Through links or actual content, the
2499 website developed under this section shall serve as a forum for
2500 distributing the marketing campaign developed by Enterprise
2501 Florida, Inc., under s. 288.911. In addition, CareerSource
2502 Florida, Inc. Workforce Florida, Inc., shall solicit input from
2503 the not-for-profit corporation created to advocate on behalf of
2504 the information technology industry as an outgrowth of the
2505 Information Service Technology Development Task Force created
2506 under chapter 99-354, Laws of Florida.
2507 (6) In fulfilling its responsibilities under this section,
2508 CareerSource Florida, Inc. Workforce Florida, Inc., may enlist
2509 the assistance of and act through the Department of Economic
2510 Opportunity. The department is authorized and directed to
2511 provide the services that CareerSource Florida, Inc. Workforce
2512 Florida, Inc., and the department consider necessary to
2513 implement this section.
2514 Section 47. Section 445.048, Florida Statutes, is amended
2515 to read:
2516 445.048 Passport to Economic Progress program.—
2517 (1) AUTHORIZATION.—Notwithstanding any law to the contrary,
2518 CareerSource Florida, Inc. Workforce Florida, Inc., in
2519 conjunction with the Department of Children and Families and the
2520 Department of Economic Opportunity, shall implement a Passport
2521 to Economic Progress program consistent with the provisions of
2522 this section. CareerSource Florida, Inc. Workforce Florida,
2523 Inc., may designate regional workforce boards to participate in
2524 the program. Expenses for the program may come from appropriated
2525 revenues or from funds otherwise available to a regional
2526 workforce board which may be legally used for such purposes.
2527 CareerSource Florida, Inc. Workforce Florida, Inc., must consult
2528 with the applicable regional workforce boards and the applicable
2529 local offices of the Department of Children and Families which
2530 serve the program areas and must encourage community input into
2531 the implementation process.
2532 (2) WAIVERS.—If CareerSource Florida, Inc. Workforce
2533 Florida, Inc., in consultation with the Department of Children
2534 and Families, finds that federal waivers would facilitate
2535 implementation of the program, the department shall immediately
2536 request such waivers, and CareerSource Florida, Inc. Workforce
2537 Florida, Inc., shall report to the Governor, the President of
2538 the Senate, and the Speaker of the House of Representatives if
2539 any refusal of the federal government to grant such waivers
2540 prevents the implementation of the program. If CareerSource
2541 Florida, Inc. Workforce Florida, Inc., finds that federal
2542 waivers to provisions of the Food Assistance Program would
2543 facilitate implementation of the program, the Department of
2544 Children and Families shall immediately request such waivers in
2545 accordance with s. 414.175.
2546 (3) TRANSITIONAL BENEFITS AND SERVICES.—In order to assist
2547 them in making the transition to economic self-sufficiency,
2548 former recipients of temporary cash assistance participating in
2549 the passport program shall be eligible for the following
2550 benefits and services:
2551 (a) Notwithstanding the time period specified in s.
2552 445.030, transitional education and training support services as
2553 specified in s. 445.030 for up to 4 years after the family is no
2554 longer receiving temporary cash assistance;
2555 (b) Notwithstanding the time period specified in s.
2556 445.031, transitional transportation support services as
2557 specified in s. 445.031 for up to 4 years after the family is no
2558 longer receiving temporary cash assistance; and
2559 (c) Notwithstanding the time period specified in s.
2560 445.032, transitional child care as specified in s. 445.032 for
2561 up to 4 years after the family is no longer receiving temporary
2562 cash assistance.
2563
2564 All other provisions of ss. 445.030, 445.031, and 445.032 shall
2565 apply to such individuals, as appropriate. This subsection does
2566 not constitute an entitlement to transitional benefits and
2567 services. If funds are insufficient to provide benefits and
2568 services under this subsection, the board of directors of
2569 CareerSource Florida, Inc. Workforce Florida, Inc., or its
2570 agent, may limit such benefits and services or otherwise
2571 establish priorities for the provisions of such benefits and
2572 services.
2573 (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.—
2574 (a) The Legislature finds that:
2575 1. There are former recipients of temporary cash assistance
2576 and families who are eligible for temporary assistance for needy
2577 families who are working full time but whose incomes are below
2578 200 percent of the federal poverty level.
2579 2. Having incomes below 200 percent of the federal poverty
2580 level makes such individuals particularly vulnerable to reliance
2581 on public assistance despite their best efforts to achieve or
2582 maintain economic independence through employment.
2583 3. It is necessary to implement a performance-based program
2584 that defines economic incentives for achieving specific
2585 benchmarks toward self-sufficiency while the individual is
2586 working full time.
2587 (b) CareerSource Florida, Inc. Workforce Florida, Inc., in
2588 cooperation with the Department of Children and Families and the
2589 Department of Economic Opportunity, shall offer performance
2590 based incentive bonuses as a component of the Passport to
2591 Economic Progress program. The bonuses do not represent a
2592 program entitlement and are shall be contingent on achieving
2593 specific benchmarks prescribed in the self-sufficiency plan. If
2594 the funds appropriated for this purpose are insufficient to
2595 provide this financial incentive, the board of directors of
2596 CareerSource Florida, Inc. Workforce Florida, Inc., may reduce
2597 or suspend the bonuses in order not to exceed the appropriation
2598 or may direct the regional boards to use resources otherwise
2599 given to the regional workforce to pay such bonuses if such
2600 payments comply with applicable state and federal laws.
2601 (c) To be eligible for an incentive bonus under this
2602 subsection, an individual must:
2603 1. Be a former recipient of temporary cash assistance who
2604 last received such assistance on or after January 1, 2000, or be
2605 part of a family that is eligible for temporary assistance for
2606 needy families;
2607 2. Be employed full time, which for the purposes of this
2608 subsection means employment averaging at least 32 hours per
2609 week, until the United States Congress enacts legislation
2610 reauthorizing the Temporary Assistance for Needy Families block
2611 grant and, after the reauthorization, means employment complying
2612 with the employment requirements of the reauthorization; and
2613 3. Have an average family income for the 6 months preceding
2614 the date of application for an incentive bonus which is less
2615 than 200 percent of the federal poverty level.
2616 (5) EVALUATIONS AND RECOMMENDATIONS.—CareerSource Florida,
2617 Inc. Workforce Florida, Inc., in conjunction with the Department
2618 of Children and Families, the Department of Economic
2619 Opportunity, and the regional workforce boards, shall conduct a
2620 comprehensive evaluation of the effectiveness of the program
2621 operated under this section. Evaluations and recommendations for
2622 the program shall be submitted by CareerSource Florida, Inc.
2623 Workforce Florida, Inc., as part of its annual report to the
2624 Legislature.
2625 (6) CONFLICTS.—If there is a conflict between the
2626 implementation procedures described in this section and federal
2627 requirements and regulations, federal requirements and
2628 regulations shall control.
2629 Section 48. Subsections (6), (8), (11), and (13) of section
2630 445.051, Florida Statutes, are amended to read:
2631 445.051 Individual development accounts.—
2632 (6) CareerSource Florida, Inc. The Workforce Florida, Inc.,
2633 shall establish procedures for regional workforce boards to
2634 include in their annual program and financial plan an
2635 application to offer an individual development account program
2636 as part of their TANF allocation. These procedures must shall
2637 include, but need not be limited to, administrative costs
2638 permitted for the fiduciary organization and policies relative
2639 to identifying the match ratio and limits on the deposits for
2640 which the match will be provided in the application process.
2641 CareerSource Florida, Inc. Workforce Florida, Inc., shall
2642 establish policies and procedures that are necessary to ensure
2643 that funds held in an individual development account are not
2644 withdrawn except for one or more of the qualified purposes
2645 described in this section.
2646 (8) CareerSource Florida, Inc. Workforce Florida, Inc.,
2647 shall establish procedures for controlling the withdrawal of
2648 funds for uses other than qualified purposes, including
2649 specifying conditions under which an account must be closed.
2650 (11) Financial institutions approved by CareerSource
2651 Florida, Inc. Workforce Florida, Inc., may establish individual
2652 development accounts pursuant to this section. A financial
2653 institution shall certify the establishment of the individual
2654 development accounts in accordance with the forms,
2655 documentation, and requirements prescribed by CareerSource
2656 Florida, Inc. Workforce Florida, Inc.
2657 (13) Pursuant to policy direction by CareerSource Florida,
2658 Inc. Workforce Florida, Inc., the Department of Economic
2659 Opportunity shall adopt such rules as are necessary to implement
2660 this act.
2661 Section 49. Subsection (2), paragraph (e) of subsection
2662 (3), and subsection (4) of section 445.055, Florida Statutes,
2663 are amended to read:
2664 445.055 Employment advocacy and assistance program
2665 targeting military spouses and dependents.—
2666 (2) CareerSource Florida, Inc. Workforce Florida, Inc.,
2667 shall establish an employment advocacy and assistance program
2668 targeting military spouses and dependents. This program shall
2669 deliver employment assistance services through military family
2670 employment advocates colocated within selected one-stop career
2671 centers. Persons eligible for assistance through this program
2672 shall include spouses and dependents of active duty military
2673 personnel, Florida National Guard members, and military
2674 reservists.
2675 (3) Military family employment advocates are responsible
2676 for providing the following services and activities:
2677 (e) Other employment assistance services CareerSource
2678 Florida, Inc. Workforce Florida, Inc., deems necessary.
2679 (4) CareerSource Florida, Inc. Workforce Florida, Inc., may
2680 enter into agreements with public and private entities to
2681 provide services authorized under this section.
2682 Section 50. Section 446.41, Florida Statutes, is amended to
2683 read:
2684 446.41 Legislative intent with respect to rural workforce
2685 training and development; establishment of Rural Workforce
2686 Services Program.—In order that the state may achieve its full
2687 economic and social potential, consideration must be given to
2688 rural workforce training and development to enable those living
2689 in its rural areas citizens as well as urban citizens to develop
2690 their maximum capacities and participate productively in our
2691 society. It is, therefore, the policy of the state to make
2692 available those services needed to assist individuals and
2693 communities in rural areas to improve their quality of life. It
2694 is with a great sense of urgency that a Rural Workforce Services
2695 Program is established within the Department of Economic
2696 Opportunity, under the direction of CareerSource Florida, Inc.
2697 Workforce Florida, Inc., to provide equal access to all manpower
2698 training programs available to rural as well as urban areas.
2699 Section 51. Paragraph (a) of subsection (3) of section
2700 446.50, Florida Statutes, is amended to read:
2701 446.50 Displaced homemakers; multiservice programs; report
2702 to the Legislature; Displaced Homemaker Trust Fund created.—
2703 (3) POWERS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
2704 OPPORTUNITY.—
2705 (a) The Department of Economic Opportunity, under plans
2706 established by CareerSource Florida, Inc. Workforce Florida,
2707 Inc., shall establish, or contract for the establishment of,
2708 programs for displaced homemakers which shall include:
2709 1. Job counseling, by professionals and peers, specifically
2710 designed for a person entering the job market after a number of
2711 years as a homemaker.
2712 2. Job training and placement services, including:
2713 a. Training programs for available jobs in the public and
2714 private sectors, taking into account the skills and job
2715 experiences of a homemaker and developed by working with public
2716 and private employers.
2717 b. Assistance in locating available employment for
2718 displaced homemakers, some of whom could be employed in existing
2719 job training and placement programs.
2720 c. Utilization of the services of the state employment
2721 service in locating employment opportunities.
2722 3. Financial management services providing information and
2723 assistance with respect to insurance, including, but not limited
2724 to, life, health, home, and automobile insurance, and taxes,
2725 estate and probate problems, mortgages, loans, and other related
2726 financial matters.
2727 4. Educational services, including high school equivalency
2728 degree and such other courses that as the department determines
2729 would be of interest and benefit to displaced homemakers.
2730 5. Outreach and information services with respect to
2731 federal and state employment, education, health, and
2732 reemployment assistance programs that the department determines
2733 would be of interest and benefit to displaced homemakers.
2734 Section 52. Paragraph (a) of subsection (4) of section
2735 1003.491, Florida Statutes, is amended to read:
2736 1003.491 Florida Career and Professional Education Act.—The
2737 Florida Career and Professional Education Act is created to
2738 provide a statewide planning partnership between the business
2739 and education communities in order to attract, expand, and
2740 retain targeted, high-value industry and to sustain a strong,
2741 knowledge-based economy.
2742 (4) The State Board of Education shall establish a process
2743 for the continual and uninterrupted review of newly proposed
2744 core secondary courses and existing courses requested to be
2745 considered as core courses to ensure that sufficient rigor and
2746 relevance is provided for workforce skills and postsecondary
2747 education and aligned to state curriculum standards.
2748 (a) The review of newly proposed core secondary courses
2749 shall be the responsibility of a curriculum review committee
2750 whose membership is approved by CareerSource Florida, Inc. The
2751 membership of the committee Workforce Florida, Inc., and shall
2752 include:
2753 1. Three certified high school counselors recommended by
2754 the Florida Association of Student Services Administrators.
2755 2. Three assistant superintendents for curriculum and
2756 instruction, recommended by the Florida Association of District
2757 School Superintendents, and who serve in districts that operate
2758 successful career and professional academies pursuant to s.
2759 1003.492 or a successful series of courses that lead to industry
2760 certification. Committee members in this category shall employ
2761 the expertise of appropriate subject area specialists in the
2762 review of proposed courses.
2763 3. Three workforce representatives recommended by the
2764 Department of Economic Opportunity.
2765 4. Three admissions directors of postsecondary institutions
2766 accredited by the Southern Association of Colleges and Schools,
2767 representing both public and private institutions.
2768 5. The Commissioner of Education, or his or her designee,
2769 who is responsible for K-12 curriculum and instruction and. The
2770 commissioner shall employ the expertise of appropriate subject
2771 area specialists in the review of proposed courses.
2772 Section 53. Subsections (3), (4), and (5) of section
2773 1003.492, Florida Statutes, are amended to read:
2774 1003.492 Industry-certified career education programs.—
2775 (3) The State Board of Education shall use the expertise of
2776 CareerSource Florida, Inc. Workforce Florida, Inc., and the
2777 Department of Agriculture and Consumer Services to develop and
2778 adopt rules pursuant to ss. 120.536(1) and 120.54 for
2779 implementing an industry certification process.
2780 (a) For nonfarm occupations, industry certification must
2781 shall be based upon the highest available national standards for
2782 specific industry certification to ensure student skill
2783 proficiency and to address emerging labor market and industry
2784 trends. A regional workforce board or a school principal may
2785 apply to CareerSource Florida, Inc. Workforce Florida, Inc., to
2786 request additions to the approved list of industry
2787 certifications based on high-skill, high-wage, and high-demand
2788 job requirements in the regional economy.
2789 (b) For farm occupations submitted pursuant to s. 570.07,
2790 industry certification must shall demonstrate student skill
2791 proficiency and be based upon the best available data to address
2792 critical local or statewide economic needs.
2793 (4) The list of industry certifications approved by
2794 CareerSource Florida, Inc. Workforce Florida, Inc., the
2795 Department of Agriculture and Consumer Services, and the
2796 Department of Education shall be published and updated annually
2797 by a date certain, to be included in the adopted rule.
2798 (5) The Department of Education shall collect student
2799 achievement and performance data in industry-certified career
2800 education programs and career-themed courses and shall work with
2801 CareerSource Florida, Inc. Workforce Florida, Inc., and the
2802 Department of Agriculture and Consumer Services in the analysis
2803 of collected data. The data collection and analyses shall
2804 examine the performance of participating students over time.
2805 Performance factors must shall include, but need not be limited
2806 to, graduation rates, retention rates, Florida Bright Futures
2807 Scholarship awards, additional educational attainment,
2808 employment records, earnings, industry certification, return on
2809 investment, and employer satisfaction. The results of this study
2810 shall be submitted to the President of the Senate and the
2811 Speaker of the House of Representatives annually by December 31.
2812 Section 54. Subsection (6) of section 1003.493, Florida
2813 Statutes, is amended to read:
2814 1003.493 Career and professional academies and career
2815 themed courses.—
2816 (6) CareerSource Florida, Inc. Workforce Florida, Inc.,
2817 shall serve in an advisory role and offer technical assistance
2818 in the development and deployment of newly established career
2819 and professional academies and career-themed courses.
2820 Section 55. Paragraph (b) of subsection (2) of section
2821 1003.51, Florida Statutes, is amended to read:
2822 1003.51 Other public educational services.—
2823 (2) The State Board of Education shall adopt rules
2824 articulating expectations for effective education programs for
2825 students in Department of Juvenile Justice programs, including,
2826 but not limited to, education programs in juvenile justice
2827 prevention, day treatment, residential, and detention programs.
2828 The rule shall establish policies and standards for education
2829 programs for students in Department of Juvenile Justice programs
2830 and shall include the following:
2831 (b) The responsibilities of the Department of Education,
2832 the Department of Juvenile Justice, CareerSource Florida, Inc.
2833 Workforce Florida, Inc., district school boards, and providers
2834 of education services to students in Department of Juvenile
2835 Justice programs.
2836 Section 56. Subsection (23) of section 1003.52, Florida
2837 Statutes, is amended to read:
2838 1003.52 Educational services in Department of Juvenile
2839 Justice programs.—
2840 (23) The Department of Juvenile Justice and the Department
2841 of Education, in consultation with CareerSource Florida, Inc.
2842 Workforce Florida, Inc., the statewide Workforce Development
2843 Youth Council, district school boards, Florida College System
2844 institutions, providers, and others, shall jointly develop a
2845 multiagency plan for CAPE which describes the funding,
2846 curriculum, transfer of credits, goals, and outcome measures for
2847 career education programming in juvenile commitment facilities,
2848 pursuant to s. 985.622. The plan must be reviewed annually.
2849 Section 57. Paragraph (g) of subsection (2) of section
2850 1004.015, Florida Statutes, is amended to read:
2851 1004.015 Higher Education Coordinating Council.—
2852 (2) Members of the council shall include:
2853 (g) The president of CareerSource Florida, Inc. Workforce
2854 Florida, Inc., or his or her designee.
2855 Section 58. Subsection (8) of section 1011.80, Florida
2856 Statutes, is amended to read:
2857 1011.80 Funds for operation of workforce education
2858 programs.—
2859 (8) The State Board of Education and CareerSource Florida,
2860 Inc. Workforce Florida, Inc., shall provide the Legislature with
2861 recommended formulas, criteria, timeframes, and mechanisms for
2862 distributing performance funds. The commissioner shall
2863 consolidate the recommendations and develop a consensus proposal
2864 for funding. The Legislature shall adopt a formula and
2865 distribute the performance funds to the State Board of Education
2866 for Florida College System institutions and school districts
2867 through the General Appropriations Act. These recommendations
2868 shall be based on formulas that would discourage low-performing
2869 or low-demand programs and encourage through performance-funding
2870 awards:
2871 (a) Programs that prepare people to enter high-wage
2872 occupations identified by the Workforce Estimating Conference
2873 created by s. 216.136 and other programs as approved by
2874 CareerSource Florida, Inc. Workforce Florida, Inc. At a minimum,
2875 performance incentives shall be calculated for adults who reach
2876 completion points or complete programs that lead to specified
2877 high-wage employment and to their placement in that employment.
2878 (b) Programs that successfully prepare adults who are
2879 eligible for public assistance, economically disadvantaged,
2880 disabled, not proficient in English, or dislocated workers for
2881 high-wage occupations. At a minimum, performance incentives
2882 shall be calculated at an enhanced value for the completion of
2883 adults identified in this paragraph and job placement of such
2884 adults upon completion. In addition, adjustments may be made in
2885 payments for job placements for areas of high unemployment.
2886 (c) Programs that are specifically designed to be
2887 consistent with the workforce needs of private enterprise and
2888 regional economic development strategies, as defined in
2889 guidelines set by CareerSource Florida, Inc. Workforce Florida,
2890 Inc. CareerSource Florida, Inc. Workforce Florida, Inc., shall
2891 develop guidelines to identify such needs and strategies based
2892 on localized research of private employers and economic
2893 development practitioners.
2894 (d) Programs identified by CareerSource Florida, Inc.
2895 Workforce Florida, Inc., as increasing the effectiveness and
2896 cost efficiency of education.
2897 Section 59. Subsections (2) and (3) of section 1011.801,
2898 Florida Statutes, are amended to read:
2899 1011.801 Workforce Development Capitalization Incentive
2900 Grant Program.—The Legislature recognizes that the need for
2901 school districts and Florida College System institutions to be
2902 able to respond to emerging local or statewide economic
2903 development needs is critical to the workforce development
2904 system. The Workforce Development Capitalization Incentive Grant
2905 Program is created to provide grants to school districts and
2906 Florida College System institutions on a competitive basis to
2907 fund some or all of the costs associated with the creation or
2908 expansion of workforce development programs that serve specific
2909 employment workforce needs.
2910 (2) The State Board of Education shall accept applications
2911 from school districts or Florida College System institutions for
2912 workforce development capitalization incentive grants.
2913 Applications from school districts or Florida College System
2914 institutions shall contain projected enrollments and projected
2915 costs for the new or expanded workforce development program. The
2916 State Board of Education, in consultation with CareerSource
2917 Florida, Inc. the Workforce Florida, Inc., shall review and rank
2918 each application for a grant according to subsection (3) and
2919 shall submit to the Legislature a list in priority order of
2920 applications recommended for a grant award.
2921 (3) The State Board of Education shall give highest
2922 priority to programs that train people to enter high-skill,
2923 high-wage occupations identified by the Workforce Estimating
2924 Conference and other programs approved by CareerSource Florida,
2925 Inc. Workforce Florida, Inc.; programs that train people to
2926 enter occupations under the welfare transition program; or
2927 programs that train for the workforce adults who are eligible
2928 for public assistance, economically disadvantaged, disabled, not
2929 proficient in English, or dislocated workers. The State Board of
2930 Education shall consider the statewide geographic dispersion of
2931 grant funds in ranking the applications and shall give priority
2932 to applications from education agencies that are making maximum
2933 use of their workforce development funding by offering high
2934 performing, high-demand programs.
2935 Section 60. This act shall take effect July 1, 2015.