The Florida Senate

¹445.004  Workforce Florida, Inc.; creation; purpose; membership; duties and powers.--

(1)  There is created a not-for-profit corporation, to be known as "Workforce Florida, Inc.," which shall be registered, incorporated, organized, and operated in compliance with chapter 617, and which shall not be a unit or entity of state government. Workforce Florida, Inc., shall be administratively housed within the Agency for Workforce Innovation; however, Workforce Florida, Inc., shall not be subject to control, supervision, or direction by the Agency for Workforce Innovation in any manner. The Legislature determines, however, that public policy dictates that Workforce Florida, Inc., operate in the most open and accessible manner consistent with its public purpose. To this end, the Legislature specifically declares that Workforce Florida, Inc., its board, councils, and any advisory committees or similar groups created by Workforce Florida, Inc., are subject to the provisions of chapter 119 relating to public records, and those provisions of chapter 286 relating to public meetings.

(2)  Workforce Florida, Inc., is the principal workforce policy organization for the state. The purpose of Workforce Florida, Inc., is to design and implement strategies that help Floridians enter, remain in, and advance in the workplace, becoming more highly skilled and successful, benefiting these Floridians, Florida businesses, and the entire state, and to assist in developing the state's business climate.

(3)(a)  Workforce Florida, Inc., shall be governed by a board of directors, the number of directors to be determined by the Governor, whose membership and appointment must be consistent with Pub. L. No. 105-220, Title I, s. 111(b), and contain one member representing the licensed nonpublic postsecondary educational institutions authorized as individual training account providers, one member from the staffing service industry, and five representatives of organized labor who shall be appointed by the Governor. Notwithstanding s. 114.05(1)(f), the Governor may appoint remaining members to Workforce Florida, Inc., from the current Workforce Development Board and the WAGES Program State Board of Directors, established pursuant to chapter 96-175, Laws of Florida, to serve on the reconstituted board. By July 1, 2000, the Workforce Development Board will provide to the Governor a transition plan to incorporate the changes required by this act and Pub. L. No. 105-220, specifying the manner of changes to the board. This plan shall govern the transition, unless otherwise notified by the Governor. The importance of minority, gender, and geographic representation shall be considered when making appointments to the board.

(b)  The board of directors of Workforce Florida, Inc., shall be chaired by a board member designated by the Governor pursuant to Pub. L. No. 105-220.

(c)  Members appointed by the Governor must be appointed for 2-year terms. Private sector representatives of businesses, appointed by the Governor pursuant to Pub. L. No. 105-220, shall constitute a majority of the membership of the board. Private sector representatives shall be appointed from nominations received by the Governor from any member of the Legislature. A member of the Legislature may submit more than one board nomination to the Governor through his respective presiding officer. Private sector appointments to the board shall be representative of the business community of this state, and no less than one-half of the appointments to the board must be representative of small businesses. Members appointed by the Governor serve at the pleasure of the Governor and are eligible for reappointment.

(d)  The Governor shall appoint members to the board of directors of Workforce Florida, Inc., within 30 days after the receipt of a sufficient number of nominations.

(e)  A member of the board of directors of Workforce Florida, Inc., may be removed by the Governor for cause. Absence from three consecutive meetings results in automatic removal. The chair of Workforce Florida, Inc., shall notify the Governor of such absences.

(f)  Representatives of businesses appointed to the board of directors may not include providers of workforce services.

(4)(a)  The president of Workforce Florida, Inc., shall be hired by the board of directors of Workforce Florida, Inc., and shall serve at the pleasure of the Governor in the capacity of an executive director and secretary of Workforce Florida, Inc.

(b)  The board of directors of Workforce Florida, Inc., shall meet at least quarterly and at other times upon call of its chair.

(c)  A majority of the total current membership of the board of directors of Workforce Florida, Inc., comprises a quorum of the board.

(d)  A majority of those voting is required to organize and conduct the business of the board, except that a majority of the entire board of directors is required to adopt or amend the operational plan.

(e)  Except as delegated or authorized by the board of directors of Workforce Florida, Inc., individual members have no authority to control or direct the operations of Workforce Florida, Inc., or the actions of its officers and employees, including the president.

(f)  Members of the board of directors of Workforce Florida, Inc., and its committees shall serve without compensation, but these members, the president, and all employees of Workforce Florida, Inc., may be reimbursed for all reasonable, necessary, and actual expenses pursuant to s. 112.061.

(g)  The board of directors of Workforce Florida, Inc., may establish an executive committee consisting of the chair and at least six additional board members selected by the board of directors, one of whom must be a representative of organized labor. The executive committee and the president shall have such authority as the board delegates to it, except that the board of directors may not delegate to the executive committee authority to take action that requires approval by a majority of the entire board of directors.

(h)  The chair may appoint committees to fulfill its responsibilities, to comply with federal requirements, or to obtain technical assistance, and must incorporate members of regional workforce development boards into its structure. At a minimum, the chair shall establish the following standing councils: the First Jobs/First Wages Council, the Better Jobs/Better Wages Council, and the High Skills/High Wages Council. For purposes of Pub. L. No. 105-220, the First Jobs/First Wages Council shall serve as the state's youth council.

(i)  Each member of the board of directors who is not otherwise required to file a financial disclosure pursuant to s. 8, Art. II of the State Constitution or s. 112.3144 must file disclosure of financial interests pursuant to s. 112.3145.

(5)  Workforce Florida, Inc., shall have all the powers and authority, not explicitly prohibited by statute, necessary or convenient to carry out and effectuate the purposes as determined by statute, Pub. L. No. 105-220, and the Governor, as well as its functions, duties, and responsibilities, including, but not limited to, the following:

(a)  Serving as the state's Workforce Investment Board pursuant to Pub. L. No. 105-220. Unless otherwise required by federal law, at least 90 percent of the workforce development funding must go into direct customer service costs.

(b)  Providing oversight and policy direction to ensure that the following programs are administered by the Agency for Workforce Innovation in compliance with approved plans and under contract with Workforce Florida, Inc.:

1.  Programs authorized under Title I of the Workforce Investment Act of 1998, Pub. L. No. 105-220, with the exception of programs funded directly by the United States Department of Labor under Title I, s. 167.

2.  Programs authorized under the Wagner-Peyser Act of 1933, as amended, 29 U.S.C. ss. 49 et seq.

3.  Welfare-to-work grants administered by the United States Department of Labor under Title IV, s. 403, of the Social Security Act, as amended.

4.  Activities authorized under Title II of the Trade Act of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the Trade Adjustment Assistance Program.

5.  Activities authorized under 38 U.S.C., chapter 41, including job counseling, training, and placement for veterans.

6.  Employment and training activities carried out under the Community Services Block Grant Act, 42 U.S.C. ss. 9901 et seq.

7.  Employment and training activities carried out under funds awarded to this state by the United States Department of Housing and Urban Development.

8.  Welfare transition services funded by the Temporary Assistance for Needy Families Program, created under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403, of the Social Security Act, as amended.

9.  Displaced homemaker programs, provided under s. 446.50.

10.  The Florida Bonding Program, provided under Pub. L. No. 97-300, s. 164(a)(1).

11.  The Food Stamp Employment and Training Program, provided under the Food Stamp Act of 1977, U.S.C. ss. 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198; and the Hunger Prevention Act, Pub. L. No. 100-435.

12.  The Quick-Response Training Program, provided under ss. 288.046-288.047. Matching funds and in-kind contributions that are provided by clients of the Quick-Response Training Program shall count toward the requirements of s. 288.90151(5)(d), pertaining to the return on investment from activities of Enterprise Florida, Inc.

13.  The Work Opportunity Tax Credit, provided under the Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.

14.  Offender placement services, provided under ss. 944.707-944.708.

15.  Programs authorized under the National and Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq., and the Service-America programs, the National Service Trust programs, the Civilian Community Corps, the Corporation for National and Community Service, the American Conservation and Youth Service Corps, and the Points of Light Foundation programs, if such programs are awarded to the state.

(c)  Contracting with public and private entities as necessary to further the directives of this section. All contracts executed by Workforce Florida, Inc., must include specific performance expectations and deliverables.

(d)  Notifying the Governor, the President of the Senate, and the Speaker of the House of Representatives of noncompliance by the Agency for Workforce Innovation or other agencies or obstruction of the board's efforts by such agencies. Upon such notification, the Executive Office of the Governor shall assist agencies to bring them into compliance with board objectives.

(e)  Ensuring that the state does not waste valuable training resources. Thus, the board shall direct that all resources, including equipment purchased for training Workforce Investment Act clients, be available for use at all times by eligible populations as first priority users. At times when eligible populations are not available, such resources shall be used for any other state authorized education and training purpose.

(f)  Archiving records with the Bureau of Archives and Records Management of the Division of Library and Information Services of the Department of State.

(6)  Workforce Florida, Inc., may take action that it deems necessary to achieve the purposes of this section, including, but not limited to:

(a)  Creating a state employment, education, and training policy that ensures that programs to prepare workers are responsive to present and future business and industry needs and complement the initiatives of Enterprise Florida, Inc.

(b)  Establishing policy direction for a funding system that provides incentives to improve the outcomes of vocational education programs, and of registered apprenticeship and work-based learning programs, and that focuses resources on occupations related to new or emerging industries that add greatly to the value of the state's economy.

(c)  Establishing a comprehensive policy related to the education and training of target populations such as those who have disabilities, are economically disadvantaged, receive public assistance, are not proficient in English, or are dislocated workers. This approach should ensure the effective use of federal, state, local, and private resources in reducing the need for public assistance.

(d)  Designating Institutes of Applied Technology composed of public and private postsecondary institutions working together with business and industry to ensure that technical and vocational education programs use the most advanced technology and instructional methods available and respond to the changing needs of business and industry.

(e)  Providing policy direction for a system to project and evaluate labor market supply and demand using the results of the Workforce Estimating Conference created in s. 216.136 and the career education performance standards identified under s. 239.233.

(f)  Reviewing the performance of public programs that are responsible for economic development, education, employment, and training. The review must include an analysis of the return on investment of these programs.

(g)  Expanding the occupations identified by the Workforce Estimating Conference to meet needs created by local emergencies or plant closings or to capture occupations within emerging industries.

(7)  By December 1 of each year, Workforce Florida, Inc., shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader a complete and detailed annual report setting forth:

(a)  All audits, including the audit in subsection (8), if conducted.

(b)  The operations and accomplishments of the partnership including the programs or entities listed in subsection (6).

(8)  The Auditor General may, pursuant to his or her own authority or at the direction of the Legislative Auditing Committee, conduct an audit of Workforce Florida, Inc., or the programs or entities created by Workforce Florida, Inc. The Office of Program Policy Analysis and Government Accountability, pursuant to its authority or at the direction of the Legislative Auditing Committee, may review the systems and controls related to performance outcomes and quality of services of Workforce Florida, Inc.

(9)  Workforce Florida, Inc., in collaboration with the regional workforce boards and appropriate state agencies and local public and private service providers, and in consultation with the Office of Program Policy Analysis and Government Accountability, shall establish uniform measures and standards to gauge the performance of the workforce development strategy. These measures and standards must be organized into three outcome tiers.

(a)  The first tier of measures must be organized to provide benchmarks for systemwide outcomes. Workforce Florida, Inc., must, in collaboration with the Office of Program Policy Analysis and Government Accountability, establish goals for the tier-one outcomes. Systemwide outcomes may include employment in occupations demonstrating continued growth in wages; continued employment after 3, 6, 12, and 24 months; reduction in and elimination of public assistance reliance; job placement; employer satisfaction; and positive return on investment of public resources.

(b)  The second tier of measures must be organized to provide a set of benchmark outcomes for the initiatives of the First Jobs/First Wages Council, the Better Jobs/Better Wages Council, and the High Skills/High Wages Council and for each of the strategic components of the workforce development strategy. Cost per entered employment, earnings at placement, retention in employment, job placement, and entered employment rate must be included among the performance outcome measures.

(c)  The third tier of measures must be the operational output measures to be used by the agency implementing programs, and it may be specific to federal requirements. The tier-three measures must be developed by the agencies implementing programs, and Workforce Florida, Inc., may be consulted in this effort. Such measures must be reported to Workforce Florida, Inc., by the appropriate implementing agency.

(d)  Regional differences must be reflected in the establishment of performance goals and may include job availability, unemployment rates, average worker wage, and available employable population.

(e)  Job placement must be reported pursuant to s. 229.8075. Positive outcomes for providers of education and training must be consistent with ss. 239.233 and 239.245.

(f)  The uniform measures of success that are adopted by Workforce Florida, Inc., or the regional workforce boards must be developed in a manner that provides for an equitable comparison of the relative success or failure of any service provider in terms of positive outcomes.

(g)  By December 1 of each year, Workforce Florida, Inc., shall provide the Legislature with a report detailing the performance of Florida's workforce development system, as reflected in the three-tier measurement system. Additionally, this report must benchmark Florida outcomes, at all tiers, against other states that collect data similarly.

(10)  The workforce development strategy for the state shall be designed by Workforce Florida, Inc., and shall be centered around the strategies of First Jobs/First Wages, Better Jobs/Better Wages, and High Skills/High Wages.

(a)  First Jobs/First Wages is the state's strategy to promote successful entry into the workforce through education and workplace experience that lead to self-sufficiency and career advancement. The components of the strategy include efforts that enlist business, education, and community support for students to achieve long-term career goals, ensuring that young people have the academic and occupational skills required to succeed in the workplace.

(b)  Better Jobs/Better Wages is the state's strategy for assisting employers in upgrading or updating the skills of their employees and for assisting incumbent workers in improving their performance in their current jobs or acquiring the education or training needed to secure a better job with better wages.

(c)  High Skills/High Wages is the state's strategy for aligning education and training programs with high-paying, high-demand occupations that advance individuals' careers, build a more skilled workforce, and enhance Florida's efforts to attract and expand job-creating businesses.

(11)  The workforce development system shall use a charter-process approach aimed at encouraging local design and control of service delivery and targeted activities. Workforce Florida, Inc., shall be responsible for granting charters to regional workforce boards that have a membership consistent with the requirements of federal and state law and that have developed a plan consistent with the state's workforce development strategy. The plan must specify methods for allocating the resources and programs in a manner that eliminates unwarranted duplication, minimizes administrative costs, meets the existing job market demands and the job market demands resulting from successful economic development activities, ensures access to quality workforce development services for all Floridians, allows for pro rata or partial distribution of benefits and services, prohibits the creation of a waiting list or other indication of an unserved population, serves as many individuals as possible within available resources, and maximizes successful outcomes. As part of the charter process, Workforce Florida, Inc., shall establish incentives for effective coordination of federal and state programs, outline rewards for successful job placements, and institute collaborative approaches among local service providers. Local decisionmaking and control shall be important components for inclusion in this charter application.

History.--s. 1, ch. 94-232; s. 875, ch. 95-148; s. 112, ch. 96-320; s. 6, ch. 96-404; s. 42, ch. 97-278; s. 52, ch. 99-8; s. 75, ch. 99-13; s. 53, ch. 99-251; s. 4, ch. 2000-165.

¹Note.--

A.  Section 10, ch. 2000-165, provides that:

"(1)  It is the intent of the Legislature that the changes to the workforce system made by this act, including, but not limited to, the transfer of any workforce policy, program, or administrative responsibility to Workforce Florida, Inc., or to the Agency for Workforce Innovation, be accomplished with minimal disruption of services provided to the public and with minimal disruption to employees of any organization in the workforce system. To that end, the Legislature directs all applicable units of state government to contribute to the successful implementation of this act, and the Legislature believes that a transition period between [July 1, 2000,] and October 1, 2000, is appropriate and warranted.

"(2)  Workforce Florida, Inc., shall coordinate the development and implementation of a transition plan that supports the implementation of this act. The Department of Management Services, the Department of Labor and Employment Security, and all other state agencies identified by Workforce Florida, Inc., shall cooperate fully in developing and implementing the plan and shall dedicate the financial and staff resources that are necessary to implement the plan.

"(3)  The Governor shall designate a staff member of the Office of Planning and Budgeting to serve as the Governor's primary representative on matters related to implementing this act and the transition plan required under this section. The representative shall report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the progress being made in implementing this act and the transition plan, including, but not limited to, the adverse impact on workforce services provided to the public, or any other negative consequence, of meeting any deadline imposed by this act, any difficulties experienced by Workforce Florida, Inc., in securing the full participation and cooperation of applicable state agencies. The representative shall also coordinate the submission of any budget amendments, in accordance with chapter 216, Florida Statutes, that may be necessary to implement this act.

"(4)  Upon the recommendation and guidance from Workforce Florida, Inc., in order to carry out the changes made by this act to the workforce system, the Governor shall submit in a timely manner to the applicable departments or agencies of the Federal Government any necessary amendments or supplemental information concerning plans that the state is required to submit to the Federal Government in connection with any federal or state workforce program. The Governor shall seek any waivers from the requirements of federal law or rules which may be necessary to administer the provisions of this act.

"(5)  The transfer of any program, activity, or function under this act includes the transfer of any records and unexpended balances of appropriations, allocations, or other funds related to such program, activity, or function. Unless otherwise provided, the successor organization to any program, activity, or function transferred under this act shall become the custodian of any property of the organization that was responsible for the program, activity, or function immediately prior to the transfer.

"(6)  Workforce Florida, Inc., may contract with the Office of Tourism, Trade, and Economic Development within the Executive Office of the Governor to take any necessary initial steps in preparing to become the state's principal workforce policy organization on October 1, 2000, consistent with the provisions of this act."

B.  Section 11, ch. 2000-165, provides that:

"(1)  Effective July 1, 2000, the following programs and functions are assigned and transferred to Workforce Florida, Inc.:

"(a)  The WAGES Program State Board of Directors data, records, property, support staff, contract personnel, and unexpended balances of appropriations, allocations, and other funds from the Executive Office of the Governor.

"(b)  The programs, activities, and functions of the Workforce Development Board of Enterprise Florida, Inc., including records, personnel, property, and unexpended balances of funds. To reduce administrative costs, Workforce Florida, Inc., may contract with Enterprise Florida, Inc., for the provision of personnel, property management, and other support services.

"(2)  Effective July 1, 2000, the Bureau of Apprenticeship of the Division of Jobs and Benefits is transferred by a type two transfer, as defined in section 20.06(2), Florida Statutes, from the Department of Labor and Employment Security to the Division of Workforce Development in the Department of Education.

"(3)  Effective October 1, 2000, employees of the Workforce Development Board of Enterprise Florida, Inc., who are leased from the Department of Management Services are transferred by a type two transfer, as defined in section 20.06(2), Florida Statutes, to the Agency for Workforce Innovation. State employees leased to the Workforce Development Board as of June 30, 2000, may be leased to Workforce Florida, Inc., as of the same date to perform administrative and professional services. Additional state employees in the Agency for Workforce Innovation may be assigned to Workforce Florida, Inc.

"(4)  Effective October 1, 2000, the following programs and functions are transferred to the Agency for Workforce Innovation:

"(a)  The Division of Workforce and Employment Opportunities and the Office of Labor Market Statistics are transferred by a type two transfer, as defined in section 20.06(2), Florida Statutes, from the Department of Labor and Employment Security. Employees who are responsible for information technology within the Division of Workforce and Employment Opportunities, employees who are responsible for licensing and permitting business agents and labor organizations under chapter 447, Florida Statutes, and employees who are responsible for regulations relating to minority labor groups under chapter 450, Florida Statutes, are not included in this transfer. The Agency for Workforce Innovation, in consultation with the Department of Labor and Employment Security, shall determine the number of positions needed for administrative support of the programs within the Division of Workforce and Employment Opportunities as transferred to the agency. The number of administrative support positions the agency determines are needed shall not exceed the number of administrative support positions that prior to the transfer were authorized to the Department of Labor and Employment Security for this purpose. Upon transfer of the Division of Workforce and Employment Opportunities, the number of required administrative support positions as determined by the agency shall be authorized within the agency.

"(b)  The resources, data, records, property, and unexpended balances of appropriations, allocations, and other funds within the Office of the Secretary or any other division, office, bureau, or unit within the Department of Labor and Employment Security that support the Division of Workforce and Employment Opportunities are transferred by a type two transfer, as defined in section 20.06(2), Florida Statutes, from the Department of Labor and Employment Security.

"(c)  Staff of the displaced homemaker program are transferred by a type two transfer, as defined in section 20.06(2), Florida Statutes, from the Department of Education.

"(d)  The Agency for Workforce Innovation, in consultation with the Department of Management Services, shall determine the number of positions needed to perform the WAGES contracting function within the agency. The number of positions the agency determines are needed shall not exceed the number of positions that prior to the transfer were authorized to the WAGES Contracting Division within the Department of Management Services for this purpose. Upon transfer of the WAGES Contracting Division, the number of required positions as determined by the agency shall be authorized within the agency.

"(e)  The resources, data, records, property, and unexpended balances of appropriations, allocations, and other funds within the WAGES Contracting Division are transferred by a type two transfer, as defined in section 20.06(2), Florida Statutes, from the Department of Management Services to the Agency for Workforce Innovation.

"(f)  The Division of Unemployment Compensation is transferred by a type two transfer, as defined in section 20.06(2), Florida Statutes, from the Department of Labor and Employment Security to the Agency for Workforce Innovation. The resources, data, records, property, and unexpended balances of appropriations, allocations, and other funds within the Office of the Secretary or any other division, office, bureau, or unit within the Department of Labor and Employment Security that support the Division of Unemployment Compensation are transferred by a type two transfer, as defined in section 20.06(2), Florida Statutes, from the Department of Labor and Employment Security. By January 1, 2001, the Agency for Workforce Innovation shall enter into a contract with the Department of Revenue which shall provide for the Department of Revenue to provide unemployment tax collection services. The Department of Revenue, in consultation with the Department of Labor and Employment Security, shall determine the number of positions needed to provide unemployment tax collection services within the Department of Revenue. The number of unemployment tax collection service positions the Department of Revenue determines are needed shall not exceed the number of positions that, prior to the contract, were authorized to the Department of Labor and Employment Security for this purpose. Upon entering into the contract with the Agency for Workforce Innovation to provide unemployment tax collection services, the number of required positions, as determined by the Department of Revenue, shall be authorized within the Department of Revenue. Beginning January 1, 2002, the Office of Program Policy Analysis and Government Accountability shall conduct a feasibility study regarding privatization of unemployment tax collection services. A report on the conclusions of this study shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

"(5)  Unless already met or exceeded by reductions required by the General Appropriations Act to division positions authorized on June 30, 2000, prior to effecting the transfer of staff required by paragraph (4)(a), the Department of Labor and Employment Security shall reduce by 25 percent within the Division of Workforce and Employment Opportunities the number of positions not engaged in directly providing workforce development services to customers or in supervising the direct provision of workforce development services. Prior to January 1, 2001, Workforce Florida, Inc., in cooperation with the Agency for Workforce Innovation, shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a plan for reorganizing and further reducing the number of staff members transferred pursuant to paragraph (4)(a).

"(6)  The Department of Labor and Employment Security shall develop a plan to reduce the department's existing full-time positions to reflect the remaining mission of the department. The department shall submit a budget amendment for legislative notice and review under section 216.177, Florida Statutes, to implement the plan by October 1, 2000."

Note.--Former s. 288.0475; s. 288.9620; s. 288.9952.