Senate Bill 1096c1
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    Florida Senate - 2000                           CS for SB 1096
    By the Committee on Commerce and Economic Opportunities
    310-1705-00
  1                      A bill to be entitled
  2         An act relating to workforce development;
  3         amending s. 288.9951, F.S.; revising
  4         requirements for a memorandum of understanding
  5         governing the delivery of employment services
  6         at One-Stop Career Centers; providing for
  7         submission of employee performance reports by
  8         the One-Stop Career Center operator;
  9         prescribing elements and conditions of the
10         memorandum of understanding; authorizing
11         leasing of state employees to One-Stop Career
12         Center operators for the delivery of employment
13         services; prescribing the elements of employee
14         leasing agreements; providing for assistance
15         from the Department of Management Services with
16         such leasing agreements; providing for a review
17         by the Workforce Development Board of the
18         delivery of employment services; deleting
19         obsolete provisions; making conforming
20         revisions; providing for periodic review of
21         individual training account pricing schedules;
22         amending s. 443.181, F.S.; correcting
23         references to a division within the Department
24         of Labor and Employment Security; prescribing
25         One-Stop Career Centers as the primary system
26         for the delivery of employment services;
27         authorizing the Governor to designate the
28         Department of Management Services as an
29         alternative agency for delivery of employment
30         services; prescribing conditions and procedures
31         related to such designation; providing for
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    Florida Senate - 2000                           CS for SB 1096
    310-1705-00
  1         memorandums of understanding in the event of
  2         such designation; providing an effective date.
  3
  4  Be It Enacted by the Legislature of the State of Florida:
  5
  6         Section 1.  Subsections (4) and (7) and paragraph (c)
  7  of subsection (8) of section 288.9951, Florida Statutes, are
  8  amended to read:
  9         288.9951  One-Stop Career Centers.--
10         (4)  Notwithstanding any other provision of law, each
11  effective July 1, 1999, regional workforce development board
12  annually boards shall enter into a memorandum of understanding
13  with the Department of Labor and Employment Security governing
14  for the delivery of employment services authorized by the
15  federal Wagner-Peyser Act. Each For fiscal year 1999-2000, the
16  memorandum of understanding with the Department of Labor and
17  Employment Security must be performance-based, dedicating 15
18  percent of the funds to performance payments. Performance
19  payments shall be based on performance measures developed by
20  the Workforce Development Board.
21         (a)  Unless otherwise required by federal law, at least
22  90 percent of the Wagner-Peyser funding must go into direct
23  customer service costs.
24         (b)  Employment services must be provided through
25  One-Stop Career Centers, under the guidance of One-Stop Career
26  Center operators. Personnel matters shall remain under the
27  ultimate authority of the department; however, the One-Stop
28  Career Center operator shall submit to the department
29  information relating to the job performance of department
30  employees delivering employment services. The department shall
31  consider any such information submitted by the One-Stop Career
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    Florida Senate - 2000                           CS for SB 1096
    310-1705-00
  1  Center operator in conducting performance appraisals of the
  2  employees.
  3         (c)  In addition to any elements required under s. 121
  4  of Pub. L. No. 105-220, each memorandum of understanding under
  5  this subsection, at a minimum, must specify:
  6         1.  The manner in which employment services shall be
  7  integrated into and coordinated with other services and
  8  activities performed under the management of the One-Stop
  9  Career Center operator and by the other partners in the
10  One-Stop Career Center.
11         2.  Policies and procedures governing the guidance to
12  be provided by the One-Stop Career Center operator to
13  department employees delivering employment services at the
14  One-Stop Career Center.
15         3.  Measures to assess the performance of the
16  department and department employees in delivering employment
17  services and sanctions for failure to meet such performance
18  measures. Performance measures developed under this
19  subparagraph must be consistent with the performance measures
20  developed by the Workforce Development Board under this
21  subsection.
22         (d)  As a part of the memorandum of understanding under
23  this subsection, a regional workforce development board may
24  elect to enter into an agreement with the department under
25  which department employees delivering employment services
26  shall be leased to the One-Stop Career Center operator.
27  Notwithstanding any provisions in chapter 110 to the contrary,
28  a department employee shall retain the position classification
29  as a state employee that he or she held on the day before the
30  lease agreement takes effect, as well as any state employee
31  personnel rights or benefits associated with that position
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    Florida Senate - 2000                           CS for SB 1096
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  1  classification. This lease agreement, at a minimum, must
  2  specify that:
  3         1.  The department shall retain fiscal responsibility
  4  and accountability for the administration of funds allocated
  5  to the state under the Wagner-Peyser Act.
  6         2.  The department shall retain ultimate authority over
  7  personnel matters relating to an employee covered by the lease
  8  agreement; however, the employee shall be under the day-to-day
  9  supervision of the One-Stop Career Center operator. The
10  One-Stop Career Center operator shall submit to the department
11  information relating to the job performance of department
12  employees, as provided in paragraph (b).
13         3.  An employee covered by the lease agreement who is
14  providing employment services authorized under the
15  Wagner-Peyser Act shall be paid using Wagner-Peyser Act funds.
16  An employee covered by a lease agreement under this subsection
17  also may provide services under any other federal or state
18  workforce program that is a mandatory or discretionary partner
19  at the One-Stop Career Center. However, the lease agreement
20  must provide that the employee will be compensated for the
21  provision of those services using funds appropriated for the
22  administration of the other workforce development program and
23  using cost-allocation formulas consistent with federal and
24  state law.
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26  The Department of Management Services shall assist a regional
27  workforce development board and the Department of Labor and
28  Employment Security with the implementation of the lease
29  agreement provisions under this paragraph. The Department of
30  Management Services may establish terms and conditions for
31  inclusion in such lease agreements.
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    Florida Senate - 2000                           CS for SB 1096
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  1         (e)  The Workforce Development Board, in consultation
  2  with the Office of Program Policy Analysis and Government
  3  Accountability, shall review the delivery of employment
  4  services under the Wagner-Peyser Act and the integration of
  5  those services with other activities performed at the One-Stop
  6  Career Centers and shall provide recommendations to the
  7  Legislature for improving the effectiveness of the delivery of
  8  employment services in Florida. The Workforce Development
  9  Board shall submit a report and recommendations to the
10  Governor, the President of the Senate, and the Speaker of the
11  House of Representatives by January 1, 2001.
12         (7)  Intensive services and training provided pursuant
13  to Pub. L. No. 105-220, shall be provided to individuals
14  through Intensive Service Accounts and Individual Training
15  Accounts based upon an implementation plan developed by the
16  Workforce Development Board. The Workforce Development Board
17  shall develop, by July 1, 1999, an implementation plan,
18  including identification of initially eligible training
19  providers, transition guidelines, and criteria for use of
20  these accounts. Individual Training Accounts must be
21  compatible with Individual Development Accounts for education
22  allowed in federal and state welfare reform statutes.
23         (8)
24         (c)  The Workforce Development Board periodically shall
25  review Individual Training Account pricing schedules developed
26  by regional workforce development boards and present findings
27  and recommendations for process improvement to the President
28  of the Senate and the Speaker of the House of Representatives
29  by January 1, 2000.
30         Section 2.  Subsections (1) and (3) of section 443.181,
31  Florida Statutes, are amended to read:
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    Florida Senate - 2000                           CS for SB 1096
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  1         443.181  State Employment Service.--
  2         (1)(a)  A state public employment service is hereby
  3  established in the Division of Workforce and Employment
  4  Opportunities Jobs and Benefits.  The division shall establish
  5  and maintain free public employment offices in such number and
  6  in such places as may be necessary for the proper
  7  administration of this chapter and for the purposes of
  8  performing such duties as are within the purview of the Act of
  9  Congress entitled "An Act to provide for the establishment of
10  a national employment system and for cooperation with the
11  states in the promotion of such system and for other
12  purposes," approved June 6, 1933 (48 Stat. 113; 29 U.S.C. s.
13  49(c)), as amended.  Notwithstanding any provisions in this
14  section to the contrary, the One-Stop Career Centers
15  established under Pub. L. No. 105-220 shall be the primary
16  system for delivering employment services, consistent with
17  Pub. L. No. 105-220 and s. 288.9951. It shall be the duty of
18  the division to cooperate with any official or agency of the
19  United States having power or duties under the provisions of
20  the Act of Congress, as amended, and to do and perform all
21  things necessary to secure to this state the benefits of said
22  Act of Congress, as amended, in the promotion and maintenance
23  of a system of public employment offices.  The provisions of
24  the said Act of Congress, as amended, are hereby accepted by
25  this state, in conformity with s. 4 of that act, and this
26  state will observe and comply with the requirements thereof.
27  The Division of Workforce and Employment Opportunities Jobs
28  and Benefits of the Department of Labor and Employment
29  Security is hereby designated and constituted the agency of
30  this state for the purpose of that act.  The division is
31  authorized and directed to appoint sufficient employees to
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    Florida Senate - 2000                           CS for SB 1096
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  1  carry out the purposes of this section.  The division may
  2  cooperate with or enter into agreements with the Railroad
  3  Retirement Board with respect to the establishment,
  4  maintenance, and use of free employment service facilities.
  5         (b)  The Governor, after consultation with the
  6  Workforce Development Board of Enterprise Florida, Inc., may
  7  designate the Department of Management Services as the state
  8  agency for the delivery of employment services under the
  9  federal Wagner-Peyser Act. Prior to implementing such
10  designation, the Governor must pursue a budget amendment
11  consistent with the provisions of chapter 216 to effectuate
12  the transfer of applicable responsibilities, personnel, and
13  funds to the Department of Management Services from the
14  Department of Labor and Employment Security. The Governor must
15  include with the budget amendment a detailed transition plan
16  describing the transfer of responsibilities between the two
17  departments. Upon approval of the budget amendment, the
18  Governor, with the assistance of the Workforce Development
19  Board of Enterprise Florida, Inc., shall submit any necessary
20  amendments to, or supplemental information for, plans that the
21  state is required to maintain with the federal government. If
22  the Governor exercises and fully implements the authority
23  given under this paragraph to designate the Department of
24  Management Services as the state agency responsible for
25  administration of employment services under the Wagner-Peyser
26  Act, the regional workforce development boards shall execute
27  memorandums of understanding as prescribed under Pub. L. No.
28  105-220 and s. 288.9951 with the Department of Management
29  Services.
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    Florida Senate - 2000                           CS for SB 1096
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  1         (3)  References to "the division" in this section mean
  2  the Division of Workforce and Employment Opportunities Jobs
  3  and Benefits.
  4         Section 3.  This act shall take effect July 1, 2000.
  5
  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                             SB 1096
  8
  9  The committee substitute differs from SB 1096 in that it:
10  Allows a Department of Labor and Employment Security employee
    leased to a One-Stop Career Center operator under an agreement
11  between the department and the regional workforce development
    board to provide workforce services funded by federal or state
12  programs that are mandatory or discretionary partners at the
    centers other than the Wagner-Peyser Act. Mandates that the
13  employee be compensated using funds appropriated for such
    other workforce development program and using cost-allocation
14  formulas consistent with federal and state law.
15  Corrects references to the Division of Jobs and Benefits of
    the Department of Labor and Employment Security to reflect
16  that the division has been renamed the Division of Workforce
    and Employment Opportunities.
17
    Provides that notwithstanding any provisions in s. 443.181,
18  F.S., to the contrary, the One-Stop Career Centers established
    under Pub. L. No. 105-220 shall be the primary system for
19  delivering employment services, consistent with federal and
    state law.
20
    Provides that the Governor may, after consultation with the
21  Workforce Development Board of Enterprise Florida, Inc.,
    designate the Department of Management Services as an
22  alternative agency for delivery of employment services under
    the Wagner-Peyser Act. Includes provisions for the pursuit by
23  the Governor of a budget amendment consistent with ch. 216,
    F.S., to effectuate the transfer, and includes provisions for
24  the execution of memorandums of understanding by regional
    workforce development boards with the Department of Management
25  Services in the event of a designation by the Governor.
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