Senate Bill 2178c1
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By the Committee on Commerce and Economic Opportunities; and
Senator Kirkpatrick
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1 A bill to be entitled
2 An act relating to workforce development;
3 amending s. 239.115, F.S.; expanding the scope
4 of performance measures for programs funded
5 through the Workforce Development Education
6 Fund to include placement or retention in
7 high-skill, high-wage occupations defined by
8 guidelines of the Workforce Development Board;
9 correcting organizational references; expanding
10 funding emphasis to include programs consistent
11 with workforce needs of private enterprise and
12 regional economic development strategies;
13 amending s. 288.046, F.S.; revising legislative
14 intent for the Quick-Response Training Program;
15 amending s. 288.047, F.S.; abolishing the
16 Quick-Response Advisory Committee; authorizing
17 funding for retraining of current employees to
18 meet changing skill requirements under certain
19 conditions; prohibiting funding to reimburse
20 businesses for trainee wages; prescribing that
21 grant terms may not exceed 24 months; providing
22 for funding priority for businesses located in
23 a brownfield area; revising grant agreement
24 requirements; eliminating authority to procure
25 certain equipment; prohibiting the state from
26 seeking copyright protection for certain
27 instructional materials; amending s. 288.9950,
28 F.S.; revising principles of the Workforce
29 Florida Act of 1996; amending s. 288.9951,
30 F.S.; revising elements of a plan for a
31 one-stop career center electronic network;
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1 revising required components of such network;
2 extending a deadline for coordination of
3 systems under such network; amending s.
4 288.9952, F.S.; directing the Workforce
5 Development Board to supervise the expenditure,
6 management, and administration of certain
7 federal workforce funds by a state agency;
8 directing the board to make recommendations
9 related to a system to project labor market
10 demand using research tools deemed appropriate
11 by the board; revising the deadline for an
12 annual report on performance of the workforce
13 system; amending s. 288.9953, F.S.; revising
14 the membership and appointment process of high
15 skills/high wages committees established by
16 regional workforce development boards;
17 requiring the committees to report annually on
18 occupations critical to business retention,
19 expansion, and recruitment; amending s.
20 288.9956, F.S.; revising uses and allocation of
21 certain federal Workforce Investment Act funds;
22 reserving funds for the Incumbent Worker
23 Training Program; providing for the Incumbent
24 Worker Training Program to be administered by
25 the Workforce Development Board; authorizing
26 the board to contract for grant administration;
27 expanding funding priority to certain
28 businesses; clarifying uses of appropriations
29 for the Incumbent Worker Training Program;
30 revising a report deadline under such program;
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1 amending s. 288.0656, F.S.; conforming a
2 cross-reference; providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Paragraph (c) of subsection (4) and
7 subsection (9) of section 239.115, Florida Statutes, are
8 amended to read:
9 239.115 Funds for operation of adult general education
10 and vocational education programs.--
11 (4) The Florida Workforce Development Education Fund
12 is created to provide performance-based funding for all
13 workforce development programs, whether the programs are
14 offered by a school district or a community college. Funding
15 for all workforce development education programs must be from
16 the Workforce Development Education Fund and must be based on
17 cost categories, performance output measures, and performance
18 outcome measures. This subsection takes effect July 1, 1999.
19 (c) The performance outcome measures for programs
20 funded through the Workforce Development Education Fund are
21 associated with placement and retention of students after
22 reaching a completion point or completing a program of study.
23 These measures include placement or retention in employment
24 that is related to the program of study; placement into or
25 retention in employment in an occupation on the Occupational
26 Forecasting Conference list of high-wage, high-skill
27 occupations with sufficient openings, or in other high-wage,
28 high-skill occupations as defined in guidelines set by the
29 Workforce Development Board; and placement and retention of
30 WAGES clients or former WAGES clients in employment.
31 Continuing postsecondary education at a level that will
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1 further enhance employment is a performance outcome for adult
2 general education programs. Placement and retention must be
3 reported pursuant to ss. 229.8075 and 239.233.
4 (9) The Department of Education, the State Board of
5 Community Colleges, and the Workforce Development Board Jobs
6 and Education Partnership shall provide the Legislature with
7 recommended formulas, criteria, timeframes, and mechanisms for
8 distributing performance funds. The commissioner shall
9 consolidate the recommendations and develop a consensus
10 proposal for funding. The Legislature shall adopt a formula
11 and distribute the performance funds to the Division of
12 Community Colleges and the Division of Workforce Development
13 through the General Appropriations Act. These recommendations
14 shall be based on formulas that would discourage
15 low-performing or low-demand programs and encourage through
16 performance-funding awards:
17 (a) Programs that prepare people to enter high-wage
18 occupations identified by the Occupational Forecasting
19 Conference created by s. 216.136 and other programs as
20 approved by the Workforce Development Board Jobs and Education
21 Partnership. At a minimum, performance incentives shall be
22 calculated for adults who reach completion points or complete
23 programs that lead to specified high-wage employment and to
24 their placement in that employment.
25 (b) Programs that successfully prepare adults who are
26 eligible for public assistance, economically disadvantaged,
27 disabled, not proficient in English, or dislocated workers for
28 high-wage occupations. At a minimum, performance incentives
29 shall be calculated at an enhanced value for the completion of
30 adults identified in this paragraph and job placement of such
31
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1 adults upon completion. In addition, adjustments may be made
2 in payments for job placements for areas of high unemployment.
3 (c) Programs specifically designed to be consistent
4 with the workforce needs of private enterprise and regional
5 economic development strategies as defined in guidelines set
6 by the Workforce Development Board. The Workforce Development
7 Board shall develop guidelines to identify such needs and
8 strategies based on localized research of private employers
9 and economic development practitioners.
10 (d)(c) Programs identified by the Workforce
11 Development Board Jobs and Education Partnership as increasing
12 the effectiveness and cost efficiency of education.
13 Section 2. Section 288.046, Florida Statutes, is
14 amended to read:
15 288.046 Quick-response training; legislative
16 intent.--The Legislature recognizes the importance of
17 providing a skilled workforce for attracting new industries
18 and retaining and expanding existing businesses and industries
19 in this state. It is the intent of the Legislature that a
20 program exist to meet the short-term, immediate,
21 workforce-skill needs of such businesses and industries. It
22 is further the intent of the Legislature that funds provided
23 for the purposes of s. 288.047 be expended on businesses and
24 industries that support the state's economic development
25 goals, particularly high value-added businesses in Florida's
26 Targeted Industrial Clusters or businesses that locate in and
27 provide jobs in the state's distressed urban and rural areas,
28 and that instruction funded pursuant to s. 288.047 lead to
29 permanent, quality employment opportunities.
30 Section 3. Section 288.047, Florida Statutes, is
31 amended to read:
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1 288.047 Quick-response training for economic
2 development.--
3 (1) The Quick-Response Training Program is created to
4 meet the workforce-skill needs of existing, new, and expanding
5 industries. The program shall be administered by Enterprise
6 Florida, Inc., in conjunction with the Department of
7 Education. Enterprise Florida, Inc., shall adopt guidelines
8 for the administration of this program. Enterprise Florida,
9 Inc., shall provide technical services and shall identify
10 businesses that seek services through the program. The
11 Department of Education shall provide services related to the
12 development and implementation of instructional programs.
13 (2)(a) A Quick-Response Advisory Committee, composed
14 of the director of the Division of Workforce Development of
15 the Department of Education; the director of the Division of
16 Community Colleges of the Department of Education; and the
17 director of the Division of Jobs and Benefits of the
18 Department of Labor and Employment Security, or their
19 respective designees, and four private sector members, shall
20 review training funded through this program and shall provide
21 policy advice to Enterprise Florida, Inc., in the
22 implementation of this program. The committee shall elect a
23 chair from among its members. Members of the committee may
24 receive reimbursement for per diem and travel expenses as
25 provided in s. 112.061.
26 (b) The four private sector members appointed to the
27 Quick-Response Advisory Committee must be selected from a
28 slate of nominees submitted by the board of directors of
29 Enterprise Florida, Inc. The president of Enterprise Florida,
30 Inc., shall appoint private sector members from this slate for
31 terms of 4 years, except that in making the initial
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1 appointments, the president shall appoint members for
2 staggered terms, one for 1 year, 2 years, 3 years, and 4
3 years, respectively. To the maximum extent possible, the
4 president shall select private sector members who are
5 representative of diverse industries and regions of the state.
6 The importance of minority representation must be considered
7 when making appointments for each private sector position.
8 Private sector members may be removed for cause. Absence from
9 three consecutive meetings results in the automatic removal of
10 a private sector member.
11 (c) The Quick-Response Advisory Committee shall meet
12 at the call of its chair, at the request of a majority of the
13 membership, at the request of Enterprise Florida, Inc., or at
14 times prescribed by its rules. The committee shall serve to
15 advise Enterprise Florida, Inc., regarding the administration
16 of the Quick-Response Training Program.
17 (2)(3) Enterprise Florida, Inc., shall ensure that
18 instruction funded pursuant to this section is not available
19 through the local community college or, school district, or
20 private industry council and that the instruction promotes
21 economic development by providing specialized training
22 entry-level skills to new workers or retraining for
23 supplemental skills to current employees to meet changing
24 skill requirements caused by new technology or new product
25 lines and to prevent potential layoffs whose job descriptions
26 are changing. Such funds may not be expended to subsidize the
27 ongoing staff development program of any business or industry
28 or to provide training for instruction related to retail
29 businesses or to reimburse businesses for trainee wages. Funds
30 made available pursuant to this section may not be expended in
31 connection with the relocation of a business from one
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1 community to another community in this state unless Enterprise
2 Florida, Inc., determines that without such relocation the
3 business will move outside this state or determines that the
4 business has a compelling economic rationale for the
5 relocation which creates additional jobs.
6 (3)(4) Requests for funding through the Quick-Response
7 Training Program may be produced through inquiries from a
8 specific business or industry, inquiries from a school
9 district director of career education or community college
10 occupational dean on behalf of a business or industry, or
11 through official state or local economic development efforts.
12 In allocating funds for the purposes of the program,
13 Enterprise Florida, Inc., shall establish criteria for
14 approval of requests for funding and shall select the entity
15 that provides the most efficient, cost-effective instruction
16 meeting such criteria. Program funds may be allocated to any
17 area technical center, community college, or state university.
18 Program funds may be allocated to private postsecondary
19 institutions only upon a review that includes, but is not
20 limited to, accreditation and licensure documentation and
21 prior approval by Enterprise Florida, Inc. a majority of the
22 advisory committee. Instruction funded through the program
23 must terminate when participants demonstrate competence at the
24 level specified in the request; however, the grant term
25 instruction may not exceed 24 18 months. Costs and
26 expenditures for the Quick-Response Training Program must be
27 documented and separated from those incurred by the training
28 provider.
29 (4)(5) For the first 6 months of each fiscal year,
30 Enterprise Florida, Inc., shall set aside 30 percent of the
31 amount appropriated for the Quick-Response Training Program by
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1 the Legislature to fund instructional programs for businesses
2 located in an enterprise zone or brownfield area to instruct
3 residents of an enterprise zone. Any unencumbered funds
4 remaining undisbursed from this set-aside at the end of the
5 6-month period may be used to provide funding for any program
6 qualifying for funding pursuant to this section.
7 (5)(6) Prior to the allocation of funds for any
8 request pursuant to this section, Enterprise Florida, Inc.,
9 shall prepare a grant agreement between the business or
10 industry requesting funds, the educational institution
11 receiving funding through the program, and Enterprise Florida,
12 Inc. Such agreement must include, but is not limited to:
13 (a) An identification of the facility in which the
14 instruction will be conducted and the respective
15 responsibilities of the parties for paying costs associated
16 with facility use.
17 (b) An identification of the equipment necessary to
18 conduct the program, the respective responsibilities of the
19 parties for paying costs associated with equipment purchase,
20 maintenance, and repair, as well as an identification of which
21 party owns the equipment upon completion of the instruction.
22 (a)(c) An identification of the personnel necessary to
23 conduct the instructional program, the qualifications of such
24 personnel, and the respective responsibilities of the parties
25 for paying costs associated with the employment of such
26 personnel.
27 (b)(d) An identification of the estimated length of
28 the instructional program. Such program may not exceed 12
29 months of full-time instruction or 18 months of total
30 instruction.
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1 (c) An identification of all direct, training-related
2 costs, including tuition and fees, curriculum development,
3 books and classroom materials, and overhead or indirect costs
4 not to exceed 5 percent of the grant amount.
5 (d)(e) An identification of special program
6 requirements that are not addressed otherwise in the
7 agreement.
8 (e)(f) Permission to access information specific to
9 the wages and performance of participants upon the completion
10 of instruction for evaluation purposes. Information which, if
11 released, would disclose the identity of the person to whom
12 the information pertains or disclose the identity of the
13 person's employer is confidential and exempt from the
14 provisions of s. 119.07(1). The agreement must specify that
15 any evaluations published subsequent to the instruction may
16 not identify the employer or any individual participant.
17 (6)(7) For the purposes of this section, Enterprise
18 Florida, Inc., may accept grants of money, materials,
19 services, or property of any kind from any agency,
20 corporation, or individual.
21 (8) Enterprise Florida, Inc., may procure equipment as
22 necessary to meet the purposes of this section. Title to and
23 control of such equipment is vested in the Department of
24 Education. Upon the conclusion of instruction, the Department
25 of Education may transfer title to the district school board,
26 community college district board of trustees, or Board of
27 Regents on behalf of a specific state university, where the
28 equipment is physically located. The department may also
29 lease such equipment to the district school board, community
30 college district board of trustees, or Board of Regents for a
31 maximum of 1 year. Such lease may provide for automatic
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1 renewal. Either party to a lease has the right to cancel the
2 lease upon a 60-day notice in writing. Any equipment for which
3 no title transfer or lease exists must be returned to a
4 warehouse reserve and be available for use by an instructional
5 program in any area of the state.
6 (7)(9) In providing instruction pursuant to this
7 section, materials that relate to methods of manufacture or
8 production, potential trade secrets, business transactions, or
9 proprietary information received, produced, ascertained, or
10 discovered by employees of the respective departments,
11 district school boards, community college district boards of
12 trustees, or other personnel employed for the purposes of this
13 section is confidential and exempt from the provisions of s.
14 119.07(1). The state may seek copyright protection for all
15 instructional materials and ancillary written documents
16 developed wholly or partially with state funds as a result of
17 instruction provided pursuant to this section, except for
18 materials that are confidential and exempt from the provisions
19 of s. 119.07(1).
20 (8)(10) There is created a Quick-Response Training
21 Program for Work and Gain Economic Self-sufficiency (WAGES)
22 participants. Enterprise Florida, Inc., may, at the discretion
23 of the State WAGES Emergency Response Team, award
24 quick-response training grants and develop applicable
25 guidelines for the training of participants in the WAGES
26 Program. In addition to a local economic development
27 organization, grants must be endorsed by the applicable local
28 WAGES coalition and regional workforce development board.
29 (a) Training funded pursuant to this subsection may
30 not exceed 12 months, and may be provided by the local
31 community college, school district, regional workforce
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1 development board, or the business employing the participant,
2 including on-the-job training. Training will provide
3 entry-level skills to new workers, including those employed in
4 retail, who are participants in the WAGES Program.
5 (b) WAGES participants trained pursuant to this
6 subsection must be employed at a wage not less than $6.00 per
7 hour.
8 (c) Funds made available pursuant to this subsection
9 may be expended in connection with the relocation of a
10 business from one community to another community if approved
11 by the State WAGES Emergency Response Team.
12 Section 4. Paragraph (g) of subsection (3) of section
13 288.9950, Florida Statutes, is amended to read:
14 288.9950 Workforce Florida Act of 1996.--
15 (3) These principles should guide the state's efforts:
16 (g) Job training curricula must be developed in
17 concert with the input and needs of existing employers and
18 businesses, and must consider the anticipated demand for
19 targeted job opportunities, as specified by the Occupational
20 Forecasting Conference under s. 216.136 and other research
21 tools deemed appropriate by the Workforce Development Board.
22 Section 5. Subsection (9) of section 288.9951, Florida
23 Statutes, is amended to read:
24 288.9951 One-Stop Career Centers.--
25 (9)(a) The Department of Management Services, working
26 with the Workforce Development Board, shall coordinate among
27 the agencies a plan for a One-Stop Career Center Electronic
28 Network made up of One-Stop Career Centers that are operated
29 by authorized public or private for-profit or not-for-profit
30 agents. The plan shall identify resources within existing
31 revenues to establish and support this electronic network for
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1 service delivery that includes Government Services Direct. If
2 necessary, the plan shall specify additional revenues needed
3 to fulfill the requirements of this subsection.
4 (b) The network shall assure that a uniform method is
5 used to determine eligibility for and management of services
6 provided by agencies that conduct workforce development
7 activities. The Department of Management Services shall
8 develop strategies to allow access to the databases and
9 information management systems of the following systems in
10 order to link information in those databases with the One-Stop
11 Career Centers:
12 1. The Unemployment Compensation System of the
13 Department of Labor and Employment Security.
14 2. The Job Service System of the Department of Labor
15 and Employment Security.
16 3. The FLORIDA System and the components related to
17 WAGES, food stamps, and Medicaid eligibility.
18 4. The Workers' Compensation System of the Department
19 of Labor and Employment Security.
20 5. The Student Financial Assistance System of the
21 Department of Education.
22 6. Enrollment in the public postsecondary education
23 system.
24 7. Other information systems deemed appropriate by the
25 Workforce Development Board.
26
27 The systems shall be fully coordinated at both the state and
28 local levels by January 1, 2001 2000.
29 Section 6. Paragraph (f) is added to subsection (4) of
30 section 288.9952, Florida Statutes, and paragraph (e) of
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1 subsection (6) and paragraph (g) of subsection (9) of that
2 section are amended, to read:
3 288.9952 Workforce Development Board.--
4 (4) The Workforce Development Board shall have all the
5 powers and authority, not explicitly prohibited by statute,
6 necessary or convenient to carry out and effectuate the
7 purposes as determined by statute, Pub. L. No. 105-220, and
8 the Governor, as well as its functions, duties, and
9 responsibilities, including, but not limited to, the
10 following:
11 (f) Ensuring that state expenditures of federal
12 workforce funds are in keeping with the requirements of
13 federal guidelines and the purposes of this state's overall
14 workforce development goals. For such purposes, the Workforce
15 Development Board shall supervise the state agency designated
16 by the state to receive funds from the Federal Government
17 under Title I of the Workforce Investment Act of 1998 and the
18 Wagner-Peyser Act, with regard to the expenditure, management,
19 and administration of such funds for purposes of workforce
20 development.
21 (6) The Workforce Development Board may take action
22 that it deems necessary to achieve the purposes of this
23 section and consistent with the policies of the board of
24 directors of Enterprise Florida, Inc., in partnership with
25 private enterprises, public agencies, and other organizations.
26 The Workforce Development Board shall advise and make
27 recommendations to the board of directors of Enterprise
28 Florida, Inc., and through that board of directors to the
29 State Board of Education and the Legislature concerning action
30 needed to bring about the following benefits to the state's
31 social and economic resources:
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1 (e) A system to project and evaluate labor market
2 supply and demand using the results of the Occupational
3 Forecasting Conference created in s. 216.136, and the career
4 education performance standards identified under s. 239.233,
5 and other research tools deemed appropriate by the Workforce
6 Development Board.
7 (9) The Workforce Development Board, in collaboration
8 with the regional workforce development boards and appropriate
9 state agencies and local public and private service providers,
10 and in consultation with the Office of Program Policy Analysis
11 and Government Accountability, shall establish uniform
12 measures and standards to gauge the performance of the
13 workforce development strategy. These measures and standards
14 must be organized into three outcome tiers.
15 (g) By December October 15 of each year, the Workforce
16 Development Board shall provide the Legislature with a report
17 detailing the performance of Florida's workforce development
18 system, as reflected in the three-tier measurement system.
19 Additionally, this report must benchmark Florida outcomes, at
20 all tiers, against other states that collect data similarly.
21 Section 7. Subsection (7) of section 288.9953, Florida
22 Statutes, is amended to read:
23 288.9953 Regional Workforce Development Boards.--
24 (7) Each regional workforce development board shall
25 establish a high skills/high wages committee consisting of at
26 least five private-sector business representatives appointed
27 in consultation with local chambers of commerce by the primary
28 county economic development organizations within the region,
29 as identified by Enterprise Florida, Inc.; a representative of
30 each primary county economic development organization within
31 the region;, including the regional workforce development
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1 board chair; the presidents of all community colleges within
2 the board's region; those district school superintendents with
3 authority for conducting postsecondary educational programs
4 within the region; and a representative from a nonpublic
5 postsecondary educational institution that is an authorized
6 individual training account provider within the region,
7 appointed by the regional workforce development board chair.
8 The business representatives appointed by primary county
9 economic development organizations other than the board chair
10 need not be members of the regional workforce development
11 board and shall represent those industries that are of primary
12 importance to the region's current and future economy. In a
13 multi-county region, each primary county economic development
14 organization within the region shall appoint at least one
15 business representative and shall consult with the other
16 primary county economic development organizations within the
17 region to make joint appointments when necessary.
18 (a) During fiscal year 1999-2000, each high
19 skills/high wages committee shall submit, quarterly,
20 recommendations to the Workforce Development Board related to:
21 1. Policies to enhance the responsiveness of high
22 skills/high wages programs in its region to business and
23 economic development opportunities.
24 2. Integrated use of state education and federal
25 workforce development funds to enhance the training and
26 placement of designated population individuals with local
27 businesses and industries.
28 (b) After fiscal year 1999-2000, the Workforce
29 Development Board has the discretion to decrease the frequency
30 of reporting by the high skills/high wages committees, but the
31 committees shall meet and submit any recommendations
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1 consistent with those described in paragraph (a) at least
2 annually. The committees shall also make reports to the
3 Workforce Development Board annually, on dates specified by
4 the Workforce Development Board, which identify occupations in
5 the region deemed critical to business retention, expansion,
6 and recruitment activities, based on guidelines set by the
7 Workforce Development Board. Such guidelines shall include
8 research concerning the workforce needs of private employers
9 in the region in consultation with local chambers of commerce
10 and economic development organizations. Occupations identified
11 pursuant to this paragraph shall be considered by the
12 Workforce Development Board for inclusion in the region's
13 targeted occupation list.
14 (c) Annually, the Workforce Development Board shall
15 compile all the recommendations of the high skills/high wages
16 committees, research their feasibility, and make
17 recommendations to the Governor, the President of the Senate,
18 and the Speaker of the House of Representatives.
19 Section 8. Paragraph (a) of subsection (3) of section
20 288.9956, Florida Statutes, is amended to read:
21 288.9956 Implementation of the federal Workforce
22 Investment Act of 1998.--
23 (3) FUNDING.--
24 (a) Title I, Workforce Investment Act of 1998 funds;
25 Wagner-Peyser funds; and NAFTA/Trade Act funds will be
26 expended based on the Workforce Development Board's 5-year
27 plan. The plan shall outline and direct the method used to
28 administer and coordinate various funds and programs that are
29 operated by various agencies. The following provisions shall
30 also apply to these funds:
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1 1. At least 50 percent of the Title I funds for Adults
2 and Dislocated Workers that are passed through to regional
3 workforce development boards shall be allocated to Individual
4 Training Accounts unless a regional workforce development
5 board obtains a waiver from the Workforce Development Board.
6 Tuition, fees, and performance-based incentive awards paid in
7 compliance with Florida's Performance-Based Incentive Fund
8 Program qualify as an Individual Training Account expenditure,
9 as do other programs developed by regional workforce
10 development boards in compliance with the Workforce
11 Development Board's policies.
12 2. Fifteen percent of Title I funding shall be
13 retained at the state level and shall be dedicated to state
14 administration and used to design, develop, induce, and fund
15 innovative Individual Training Account pilots, demonstrations,
16 and programs. Of such funds retained at the state level, $2
17 million shall be reserved for the Incumbent Worker Training
18 Program, under subparagraph 3. Eligible state administration
19 costs include the costs of: funding of the Workforce
20 Development Board and Workforce Development Board's staff;
21 operating fiscal, compliance, and management accountability
22 systems through the Workforce Development Board; conducting
23 evaluation and research on workforce development activities;
24 and providing technical and capacity building assistance to
25 regions at the direction of the Workforce Development Board.
26 Notwithstanding s. 288.9952, such administrative costs shall
27 not exceed 25 percent of these funds. An amount not to exceed
28 75 Seventy percent of these funds shall be allocated to
29 Individual Training Accounts and other training delivery
30 systems for: the Minority Teacher Education Scholars program,
31 the Certified Teacher-Aide program, the Self-Employment
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1 Institute, and other training Individual Training Accounts
2 designed and tailored by the Workforce Development Board,
3 including, but not limited to, programs for incumbent workers,
4 displaced homemakers, nontraditional employment, empowerment
5 zones, and enterprise zones. The Workforce Development Board
6 shall design, adopt, and fund Individual Training Accounts for
7 distressed urban and rural communities. The remaining 5
8 percent shall be reserved for the Incumbent Worker Training
9 Program.
10 3. The Incumbent Worker Training Program is created
11 for the purpose of providing grant funding for continuing
12 education and training of incumbent employees at existing
13 Florida businesses. The program will provide reimbursement
14 grants to businesses that pay for preapproved, direct,
15 training-related costs.
16 a. The Incumbent Worker Training Program will be
17 administered by a private business organization, known as the
18 grant administrator, under contract with the Workforce
19 Development Board. The Workforce Development Board, at its
20 discretion, is authorized to contract with a private business
21 organization to serve as grant administrator.
22 b. To be eligible for the program's grant funding, a
23 business must have been in operation in Florida for a minimum
24 of 1 year prior to the application for grant funding; have at
25 least one full-time employee; demonstrate financial viability;
26 and be current on all state tax obligations. Priority for
27 funding shall be given to businesses with 25 employees or
28 fewer, businesses in rural areas, businesses in distressed
29 inner-city areas, businesses in a qualified targeted industry,
30 or businesses whose grant proposals represent a significant
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1 upgrade in employee skills, or businesses whose grant
2 proposals represent a significant layoff aversion strategy.
3 c. All costs reimbursed by the program must be
4 preapproved by the grant administrator. The program will not
5 reimburse businesses for trainee wages, the purchase of
6 capital equipment, or the purchase of any item or service that
7 may possibly be used outside the training project. A business
8 approved for a grant may be reimbursed for preapproved,
9 direct, training-related costs including tuition and fees;
10 books and classroom materials; and overhead or indirect
11 administrative costs not to exceed 5 percent of the grant
12 amount.
13 d. A business that is selected to receive grant
14 funding must provide a matching contribution to the training
15 project, including but not limited to, wages paid to trainees
16 or the purchase of capital equipment used in the training
17 project; must sign an agreement with the grant administrator
18 to complete the training project as proposed in the
19 application; must keep accurate records of the project's
20 implementation process; and must submit monthly or quarterly
21 reimbursement requests with required documentation.
22 e. All Incumbent Worker Training Program grant
23 projects shall be performance-based with specific measurable
24 performance outcomes, including completion of the training
25 project and job retention. The grant administrator shall
26 withhold the final payment to the grantee until a final grant
27 report is submitted and all performance criteria specified in
28 the grant contract have been achieved.
29 f. The Workforce Development Board is authorized to
30 establish guidelines necessary to implement the Incumbent
31 Worker Training Program.
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1 g. No more than 10 percent of the Incumbent Worker
2 Training Program's total appropriation may be used by the
3 grant administrator for overhead or indirect administrative
4 purposes.
5 h. The grant administrator is required to submit a
6 report to the Workforce Development Board and the Legislature
7 on the financial and general operations of the Incumbent
8 Worker Training Program. Such report will be due before
9 October December 1 of any fiscal year for which the program is
10 funded by the Legislature.
11 4. At least 50 percent of Rapid Response funding shall
12 be dedicated to Intensive Services Accounts and Individual
13 Training Accounts for dislocated workers and incumbent workers
14 who are at risk of dislocation. The Workforce Development
15 Board shall also maintain an Emergency Preparedness Fund from
16 Rapid Response funds which will immediately issue Intensive
17 Service Accounts and Individual Training Accounts as well as
18 other federally authorized assistance to eligible victims of
19 natural or other disasters. At the direction of the Governor,
20 for events that qualify under federal law, these Rapid
21 Response funds shall be released to regional workforce
22 development boards for immediate use. Funding shall also be
23 dedicated to maintain a unit at the state level to respond to
24 Rapid Response emergencies around the state, to work with
25 state emergency management officials, and to work with
26 regional workforce development boards. All Rapid Response
27 funds must be expended based on a plan developed by the
28 Workforce Development Board and approved by the Governor.
29 Section 9. Subsection (7) of section 288.0656, Florida
30 Statutes, is amended to read:
31 288.0656 Rural Economic Development Initiative.--
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1 (7) REDI may recommend to the Governor up to three
2 rural areas of critical economic concern. A rural area of
3 critical economic concern must be a rural community, or a
4 region composed of such, that has been adversely affected by
5 an extraordinary economic event or a natural disaster or that
6 presents a unique economic development opportunity of regional
7 impact that will create more than 1,000 jobs over a 5-year
8 period. The Governor may by executive order designate up to
9 three rural areas of critical economic concern which will
10 establish these areas as priority assignments for REDI as well
11 as to allow the Governor, acting through REDI, to waive
12 criteria, requirements, or similar provisions of any economic
13 development incentive. Such incentives shall include, but not
14 be limited to: the Qualified Target Industry Tax Refund
15 Program under s. 288.106, the Quick-Response Quick Response
16 Training Program under s. 288.047, the Quick-Response WAGES
17 Quick Response Training Program for Work and Gain Economic
18 Self-sufficiency (WAGES) participants under s. 288.047(8) s.
19 288.047(10), transportation projects under s. 288.063, the
20 brownfield redevelopment bonus refund under s. 288.107, and
21 the rural job tax credit program under ss. 212.098 and
22 220.1895. Designation as a rural area of critical economic
23 concern under this subsection shall be contingent upon the
24 execution of a memorandum of agreement among the Office of
25 Tourism, Trade, and Economic Development; the governing body
26 of the county; and the governing bodies of any municipalities
27 to be included within a rural area of critical economic
28 concern. Such agreement shall specify the terms and conditions
29 of the designation, including, but not limited to, the duties
30 and responsibilities of the county and any participating
31 municipalities to take actions designed to facilitate the
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1 retention and expansion of existing businesses in the area, as
2 well as the recruitment of new businesses to the area.
3 Section 10. This act shall take effect July 1, 2000.
4
5 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
6 SB 2178
7
8 The committee substitute differs from SB 2178 in that it:
9 Replaces language giving authority to the state Workforce
Development Board to spend, manage, and administer certain
10 federal funds with language mandating that the board is to
supervise the expenditure, management, and administration of
11 such funds by the state agency designated by the state to
receive such funds.
12
Changes the effective date to July 1, 2000, from upon becoming
13 a law.
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