HB 1645

CS

CHAMBER ACTION

1	The Commerce Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to workforce innovation; amending s.
7	20.50, F.S., as amended; establishing a separate budget
8	for the Agency for Workforce Innovation; providing that
9	the agency may serve as contract administrator for
10	Workforce Florida, Inc.; removing obsolete language;
11	clarifying the organization of the agency; authorizing the
12	director to appoint deputy and assistant directors and to
13	organize the agency; revising the agency's administrative
14	responsibilities; authorizing the agency to provide or
15	contract for training of certain employees; deleting
16	training requirements; providing for an official seal;
17	providing agency rulemaking authority; amending s.
18	427.012, F.S.; revising an obsolete reference; amending s.
19	445.003, F.S.; removing obsolete references; removing a
20	reporting requirement; amending s. 445.004, F.S.;
21	clarifying that Workforce Florida, Inc., is exempt from
22	chapters 120 and 287, F.S.; providing guidelines for the
23	expenditure of federal funds; removing the voting
24	privileges of certain board members; providing a term
25	limit for the chair of the board of Workforce Florida,
26	Inc.; increasing board members' terms and creating
27	staggered terms; clarifying that the President of the
28	Senate and the Speaker of the House of Representatives may
29	nominate board members; requiring certain board members to
30	have economic development experience; removing a
31	requirement that the Governor appoint board members 30
32	days after receiving nominations; authorizing the board to
33	use telecommunications to conduct meetings; providing that
34	the chair of Workforce Florida, Inc., may select executive
35	committee members; removing references to certain
36	councils; removing obsolete references; exempting
37	Workforce Florida, Inc., contracts from certain provisions
38	of law; providing expenditure approval to Workforce
39	Florida, Inc., for awards and promotional items;
40	authorizing Workforce Florida, Inc., to establish a
41	dispute resolution process for certain purposes; revising
42	and clarifying the state workforce development strategy;
43	amending s. 445.006, F.S.; requiring Workforce Florida,
44	Inc., to establish an operational plan; clarifying
45	references to strategic and operational plans; amending s.
46	445.007, F.S.; clarifying that the military representative
47	to a regional workforce board shall be a nonvoting member
48	subject to certain approval; removing obsolete language;
49	allowing the use of telecommunications for meetings;
50	providing for the election and terms of regional workforce
51	board chairs; authorizing regional workforce boards to
52	promote awards and promotional items under certain
53	circumstances; amending organizational requirements for
54	regional workforce boards; amending s. 445.009, F.S.;
55	removing obsolete references; requiring Workforce Florida,
56	Inc., to develop a system for leveraging workforce system
57	resources; removing a requirement for an alternative
58	financing performance outcome measure; amending s.
59	445.019, F.S.; allowing employment programs to be offered
60	to teen parents; amending s. 445.020, F.S.; clarifying how
61	determination of need criteria will be identified;
62	repealing s. 445.005, F.S., relating to First Jobs/First
63	Wages, Better Jobs/Better Wages, and High Skills/High
64	Wages Councils of Workforce Florida, Inc.; repealing ss.
65	445.012-445.0125, F.S., the Careers for Florida's Future
66	Incentive Grant Program; repealing s. 445.013, F.S.,
67	relating to challenge grants in support of welfare-to-work
68	initiatives; repealing ss. 446.21-446.27, F.S., the
69	Florida Youth-at-Risk 2000 Pilot Program; providing an
70	effective date.
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1.  Section 20.50, Florida Statutes, as amended by
75	chapter 2004-484, Laws of Florida, is amended to read:
76	20.50  Agency for Workforce Innovation.--There is created
77	the Agency for Workforce Innovation within the Department of
78	Management Services. The agency shall have be a separate budget
79	as provided in the General Appropriations Act entity, and the
80	director of the agency shall be the agency head for all
81	purposes. The agency shall not be subject to control,
82	supervision, or direction by the Department of Management
83	Services in any manner, including, but not limited to,
84	personnel, purchasing, transactions involving real or personal
85	property, and budgetary matters.
86	(1)  The Agency for Workforce Innovation shall ensure that
87	the state appropriately administers federal and state workforce
88	funding by administering plans and policies of Workforce
89	Florida, Inc., under contract with Workforce Florida, Inc. The
90	operating budget and midyear amendments thereto must be part of
91	such contract.
92	(a)  All program and fiscal instructions to regional
93	workforce boards shall emanate from the agency pursuant to plans
94	and policies of Workforce Florida, Inc. Workforce Florida, Inc.,
95	shall be responsible for all policy directions to the regional
96	boards.
97	(b)  Unless otherwise provided by agreement with Workforce
98	Florida, Inc., administrative and personnel policies of the
99	Agency for Workforce Innovation shall apply.
100	(2)(a)  The Agency for Workforce Innovation is the
101	administrative agency designated for receipt of federal
102	workforce development grants and other federal funds. The agency
103	shall administer the duties and responsibilities assigned by the
104	Governor under each federal grant assigned to the agency. The
105	agency shall be a separate budget entity and shall expend each
106	revenue source as provided by federal and state law and as
107	provided in plans developed by and agreements with Workforce
108	Florida, Inc. The agency may serve as contract administrator for
109	Workforce Florida, Inc., contracts pursuant to s. 445.004(5) as
110	directed by Workforce Florida, Inc.
111	(b)  The agency shall prepare and submit as a separate
112	budget entity a unified budget request for workforce
113	development, in accordance with chapter 216 for, and in
114	conjunction with, Workforce Florida, Inc., and its board. The
115	head of the agency is the director of Workforce Innovation, who
116	shall be appointed by the Governor. The accountability and
117	reporting functions of the agency shall be administered by the
118	director or his or her designee. These functions shall include
119	budget management, financial management, audit, performance
120	management standards and controls, assessing outcomes of service
121	delivery, and financial administration of workforce programs
122	under s. 445.004(5) and (9).
123	(c)  The agency shall include the following offices Within
124	its organizational structure, the agency which shall include the
125	following offices have the specified responsibilities:
126	1.(a)  The Office of Unemployment Compensation Workforce
127	Services shall administer the unemployment compensation program,
128	the Rapid Response program, the Work Opportunity Tax Credit
129	program, the Alien Labor Certification program, and any other
130	programs that are delivered directly by agency staff rather than
131	through the one-stop delivery system. The office shall be
132	directed by the Deputy Director for Workforce Services, who
133	shall be appointed by and serve at the pleasure of the director.
134	2.(b)  The Office of Workforce Program Support. and
135	Accountability shall administer state merit system program staff
136	within the workforce service delivery system, under the policies
137	of Workforce Florida, Inc. The office is responsible for
138	delivering services through the one-stop delivery system and for
139	ensuring that participants in welfare transition programs
140	receive case management services, diversion assistance, support
141	services, including child care and transportation services,
142	Medicaid services, and transition assistance to enable them to
143	succeed in the workforce. The office is also responsible for
144	program quality assurance, grants and contract management,
145	contracting, financial management, and reporting. The office
146	shall be directed by the Deputy Director for Program Support and
147	Accountability, who shall be appointed by and serve at the
148	pleasure of the director. The office is responsible for:
149	1.  Establishing monitoring, quality assurance, and quality
150	improvement systems that routinely assess the quality and
151	effectiveness of contracted programs and services.
152	2.  Annual review of each regional workforce board and
153	administrative entity to ensure that adequate systems of
154	reporting and control are in place; that monitoring, quality
155	assurance, and quality improvement activities are conducted
156	routinely; and that corrective action is taken to eliminate
157	deficiencies.
158	3.(c)  The Office of Early Learning, which shall administer
159	the school readiness system in accordance with s. 411.01 and the
160	operational requirements of the Voluntary Prekindergarten
161	Education Program in accordance with part V of chapter 1002. The
162	office shall be directed by the Deputy Director for Early
163	Learning, who shall be appointed by and serve at the pleasure of
164	the director.
165	4.(d)  The Office of Agency Support Services is responsible
166	for procurement, human resource services, and information
167	services including delivering information on labor markets,
168	employment, occupations, and performance, and shall implement
169	and maintain information systems that are required for the
170	effective operation of the one-stop delivery system and the
171	school readiness system, including, but not limited to, those
172	systems described in s. 445.009. The office shall be directed by
173	the Deputy Director for Agency Support Services, who shall be
174	appointed by and serve at the pleasure of the director. The
175	office is responsible for establishing:
176	1.  Information systems and controls that report reliable,
177	timely and accurate fiscal and performance data for assessing
178	outcomes, service delivery, and financial administration of
179	workforce programs under s. 445.004(5) and (9).
180	2.  Information systems that support service integration
181	and case management by providing for case tracking for
182	participants in welfare transition programs.
183	3.  Information systems that support the school readiness
184	system.
185	(d)  The director of the agency may establish assistant
186	director and deputy director positions to administer the
187	requirements and functions of the agency. In addition, the
188	director may organize and structure the offices of the agency to
189	best meet the goals and objectives of the agency as provided in
190	s. 20.04.
191	(e)  The Unemployment Appeals Commission, authorized by s.
192	443.012, is not subject to control, supervision, or direction by
193	the Agency for Workforce Innovation in the performance of its
194	powers and duties but shall receive any and all support and
195	assistance from the agency that is required for the performance
196	of its duties.
197	(3)  The Agency for Workforce Innovation shall serve as the
198	designated agency for purposes of each federal workforce
199	development grant assigned to it for administration. The agency
200	shall carry out the duties assigned to it by the Governor, under
201	the terms and conditions of each grant. The agency shall have
202	the level of authority and autonomy necessary to be the
203	designated recipient of each federal grant assigned to it, and
204	shall disperse such grants pursuant to the plans and policies of
205	Workforce Florida, Inc. The director may, upon delegation from
206	the Governor and pursuant to agreement with Workforce Florida,
207	Inc., sign contracts, grants, and other instruments as necessary
208	to execute functions assigned to the agency. Notwithstanding
209	other provisions of law, the following federal grants and other
210	funds are assigned for administration to the Agency for
211	Workforce Innovation shall administer:
212	(a)  Programs authorized under Title I of the Workforce
213	Investment Act of 1998, Pub. L. No. 105-220, except for programs
214	funded directly by the United States Department of Labor under
215	Title I, s. 167.
216	(b)  Programs authorized under the Wagner-Peyser Act of
217	1933, as amended, 29 U.S.C. ss. 49 et seq.
218	(c)  Welfare-to-work grants administered by the United
219	States Department of Labor under Title IV, s. 403, of the Social
220	Security Act, as amended.
221	(d)  Activities authorized under Title II of the Trade Act
222	of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the Trade
223	Adjustment Assistance Program.
224	(e)  Activities authorized under chapter 41 of Title 38
225	U.S.C., including job counseling, training, and placement for
226	veterans.
227	(f)  Employment and training activities carried out under
228	the Community Services Block Grant Act, 42 U.S.C. ss. 9901 et
229	seq.
230	(g)  Employment and training activities carried out under
231	funds awarded to this state by the United States Department of
232	Housing and Urban Development.
233	(h)  Designated state and local program expenditures under
234	part A of Title IV of the Social Security Act for welfare
235	transition workforce services associated with the Temporary
236	Assistance for Needy Families Program.
237	(i)  Programs authorized under the National and Community
238	Service Act of 1990, 42 U.S.C. ss. 12501 et seq., and the
239	Service-America programs, the National Service Trust programs,
240	the Civilian Community Corps, the Corporation for National and
241	Community Service, the American Conservation and Youth Service
242	Corps, and the Points of Light Foundation programs, if such
243	programs are awarded to the state.
244	(j)  The Unemployment Compensation program provided
245	pursuant to chapter 443.
246	(k)  other programs funded by federal or state
247	appropriations, as determined by the Legislature in the General
248	Appropriations Act or by law.
249	(4)  The Agency for Workforce Innovation may shall provide
250	or contract for training for employees of administrative
251	entities and case managers of any contracted providers to ensure
252	they have the necessary competencies and skills to provide
253	adequate administrative oversight and delivery of the full array
254	of client services pursuant to s. 445.004(5)(b). Training
255	requirements include, but are not limited to:
256	(a)  Minimum skills, knowledge, and abilities required for
257	each classification of program personnel utilized in the
258	regional workforce boards' service delivery plans.
259	(b)  Minimum requirements for development of a regional
260	workforce board supported personnel training plan to include
261	preservice and inservice components.
262	(c)  Specifications or criteria under which any regional
263	workforce board may award bonus points or otherwise give
264	preference to competitive service provider applications that
265	provide minimum criteria for assuring competent case management,
266	including, but not limited to, maximum caseload per case
267	manager, current staff turnover rate, minimum educational or
268	work experience requirements, and a differentiated compensation
269	plan based on the competency levels of personnel.
270	(d)  Minimum skills, knowledge, and abilities required for
271	contract management, including budgeting, expenditure, and
272	performance information related to service delivery and
273	financial administration, monitoring, quality assurance and
274	improvement, and standards of conduct for employees of regional
275	workforce boards and administrative entities specifically
276	related to carrying out contracting responsibilities.
277	(5)  The Agency for Workforce Innovation shall have an
278	official seal by which its records, orders, and proceedings are
279	authenticated and judicially noticed.
280	(6)  The Agency for Workforce Innovation may adopt rules
281	that relate to implementing and administering the programs
282	listed in s. 445.004(5)(b) as well as rules related to eligible
283	training providers and auditing and monitoring subrecipients of
284	workforce system grant funds.
285	Section 2.  Paragraph (d) of subsection (1) of section
286	427.012, Florida Statutes, is amended to read:
287	427.012  The Commission for the Transportation
288	Disadvantaged.--There is created the Commission for the
289	Transportation Disadvantaged in the Department of
290	Transportation.
291	(1)  The commission shall consist of the following members:
292	(d)  The Director of the Agency for Workforce Innovation or
293	the director's designee. The secretary of the Department of
294	Labor and Employment Security or the secretary's designee.
295	Section 3.  Subsections (3) through (6) of section 445.003,
296	Florida Statutes, are amended to read:
297	445.003  Implementation of the federal Workforce Investment
298	Act of 1998.--
299	(3)  FUNDING.--
300	(a)  Title I, Workforce Investment Act of 1998 funds;
301	Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
302	based on the 5-year plan of Workforce Florida, Inc. The plan
303	shall outline and direct the method used to administer and
304	coordinate various funds and programs that are operated by
305	various agencies. The following provisions shall also apply to
306	these funds:
307	1.  At least 50 percent of the Title I funds for Adults and
308	Dislocated Workers that are passed through to regional workforce
309	boards shall be allocated to Individual Training Accounts unless
310	a regional workforce board obtains a waiver from Workforce
311	Florida, Inc. Tuition and, fees, and performance-based incentive
312	awards paid in compliance with Florida's Performance-Based
313	Incentive Fund Program qualify as an Individual Training Account
314	expenditure, as do other programs developed by regional
315	workforce boards in compliance with policies of Workforce
316	Florida, Inc.
317	2.  Fifteen percent of Title I funding shall be retained at
318	the state level and shall be dedicated to state administration
319	and used to design, develop, induce, and fund innovative
320	Individual Training Account pilots, demonstrations, and
321	programs. Of such funds retained at the state level, $2 million
322	shall be reserved for the Incumbent Worker Training Program,
323	created under subparagraph 3. Eligible state administration
324	costs include the costs of: funding for the board and staff of
325	Workforce Florida, Inc.; operating fiscal, compliance, and
326	management accountability systems through Workforce Florida,
327	Inc.; conducting evaluation and research on workforce
328	development activities; and providing technical and capacity
329	building assistance to regions at the direction of Workforce
330	Florida, Inc. Notwithstanding s. 445.004, such administrative
331	costs shall not exceed 25 percent of these funds. An amount not
332	to exceed 75 percent of these funds shall be allocated to
333	Individual Training Accounts and other workforce development
334	strategies for: the Minority Teacher Education Scholars program,
335	the Certified Teacher-Aide program, the Self-Employment
336	Institute, and other training designed and tailored by Workforce
337	Florida, Inc., including, but not limited to, programs for
338	incumbent workers, displaced homemakers, nontraditional
339	employment, empowerment zones, and enterprise zones. Workforce
340	Florida, Inc., shall design, adopt, and fund Individual Training
341	Accounts for distressed urban and rural communities.
342	3.  The Incumbent Worker Training Program is created for
343	the purpose of providing grant funding for continuing education
344	and training of incumbent employees at existing Florida
345	businesses. The program will provide reimbursement grants to
346	businesses that pay for preapproved, direct, training-related
347	costs.
348	a.  The Incumbent Worker Training Program will be
349	administered by Workforce Florida, Inc. Workforce Florida, Inc.,
350	at its discretion, may contract with a private business
351	organization to serve as grant administrator.
352	b.  To be eligible for the program's grant funding, a
353	business must have been in operation in Florida for a minimum of
354	1 year prior to the application for grant funding; have at least
355	one full-time employee; demonstrate financial viability; and be
356	current on all state tax obligations. Priority for funding shall
357	be given to businesses with 25 employees or fewer, businesses in
358	rural areas, businesses in distressed inner-city areas,
359	businesses in a qualified targeted industry, businesses whose
360	grant proposals represent a significant upgrade in employee
361	skills, or businesses whose grant proposals represent a
362	significant layoff avoidance strategy.
363	c.  All costs reimbursed by the program must be preapproved
364	by Workforce Florida, Inc., or the grant administrator. The
365	program will not reimburse businesses for trainee wages, the
366	purchase of capital equipment, or the purchase of any item or
367	service that may possibly be used outside the training project.
368	A business approved for a grant may be reimbursed for
369	preapproved, direct, training-related costs including tuition
370	and fees; books and training classroom materials; and overhead
371	or indirect costs not to exceed 5 percent of the grant amount.
372	d.  A business that is selected to receive grant funding
373	must provide a matching contribution to the training project,
374	including, but not limited to, wages paid to trainees or the
375	purchase of capital equipment used in the training project; must
376	sign an agreement with Workforce Florida, Inc., or the grant
377	administrator to complete the training project as proposed in
378	the application; must keep accurate records of the project's
379	implementation process; and must submit monthly or quarterly
380	reimbursement requests with required documentation.
381	e.  All Incumbent Worker Training Program grant projects
382	shall be performance-based with specific measurable performance
383	outcomes, including completion of the training project and job
384	retention. Workforce Florida, Inc., or the grant administrator
385	shall withhold the final payment to the grantee until a final
386	grant report is submitted and all performance criteria specified
387	in the grant contract have been achieved.
388	f.  Workforce Florida, Inc., may establish guidelines
389	necessary to implement the Incumbent Worker Training Program.
390	g.  No more than 10 percent of the Incumbent Worker
391	Training Program's total appropriation may be used for overhead
392	or indirect purposes.
393	h.  Workforce Florida, Inc., shall submit a report to the
394	Legislature on the financial and general operations of the
395	Incumbent Worker Training Program. Such report will be due
396	before October 1 of any fiscal year for which the program is
397	funded by the Legislature.
398	4.  At least 50 percent of Rapid Response funding shall be
399	dedicated to Intensive Services Accounts and Individual Training
400	Accounts for dislocated workers and incumbent workers who are at
401	risk of dislocation. Workforce Florida, Inc., shall also
402	maintain an Emergency Preparedness Fund from Rapid Response
403	funds which will immediately issue Intensive Service Accounts
404	and Individual Training Accounts as well as other federally
405	authorized assistance to eligible victims of natural or other
406	disasters. At the direction of the Governor, for events that
407	qualify under federal law, these Rapid Response funds shall be
408	released to regional workforce boards for immediate use. Funding
409	shall also be dedicated to maintain a unit at the state level to
410	respond to Rapid Response emergencies around the state, to work
411	with state emergency management officials, and to work with
412	regional workforce boards. All Rapid Response funds must be
413	expended based on a plan developed by Workforce Florida, Inc.,
414	and approved by the Governor.
415	(b)  The administrative entity for Title I, Workforce
416	Investment Act of 1998 funds, and Rapid Response activities,
417	shall be the Agency for Workforce Innovation, which shall
418	provide direction to regional workforce boards regarding Title I
419	programs and Rapid Response activities pursuant to the direction
420	of Workforce Florida, Inc.
421	(4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
422	MODIFICATIONS.--
423	(a)  Workforce Florida, Inc., may provide indemnification
424	from audit liabilities to regional workforce boards that act in
425	full compliance with state law and the board's policies.
426	(b)  Workforce Florida, Inc., may negotiate and settle all
427	outstanding issues with the United States Department of Labor
428	relating to decisions made by Workforce Florida, Inc., any
429	predecessor workforce organization, and the Legislature with
430	regard to the Job Training Partnership Act, making settlements
431	and closing out all JTPA program year grants.
432	(c)  Workforce Florida, Inc., may make modifications to the
433	state's plan, policies, and procedures to comply with federally
434	mandated requirements that in its judgment must be complied with
435	to maintain funding provided pursuant to Pub. L. No. 105-220.
436	The board shall notify in writing the Governor, the President of
437	the Senate, and the Speaker of the House of Representatives
438	within 30 days after any such changes or modifications.
439	(5)  The Department of Labor and Employment Security shall
440	phase-down JTPA duties before the federal program is abolished
441	July 1, 2000. Outstanding accounts and issues shall be completed
442	prior to transfer to the Agency for Workforce Innovation.
443	(5)(6)  LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.--
444	(a)  Workforce Florida, Inc., may recommend
445	workforce-related divisions, bureaus, units, programs, duties,
446	commissions, boards, and councils that can be eliminated,
447	consolidated, or privatized.
448	(b)  The Office of Program Policy Analysis and Government
449	Accountability shall review the workforce development system, as
450	established by this act. The office shall submit its final
451	report and recommendations by December 31, 2002, to the
452	President of the Senate and the Speaker of the House of
453	Representatives.
454	Section 4.  Section 445.004, Florida Statutes, is amended
455	to read:
456	445.004  Workforce Florida, Inc.; creation; purpose;
457	membership; duties and powers.--
458	(1)  There is created a not-for-profit corporation, to be
459	known as "Workforce Florida, Inc.," which shall be registered,
460	incorporated, organized, and operated in compliance with chapter
461	617, and which shall not be a unit or entity of state government
462	and shall be exempt from chapters 120 and 287. Workforce
463	Florida, Inc., shall apply the procurement and expenditure
464	procedures required by federal law for the expenditure of
465	federal funds. Workforce Florida, Inc., shall be
466	administratively housed within the Agency for Workforce
467	Innovation; however, Workforce Florida, Inc., shall not be
468	subject to control, supervision, or direction by the Agency for
469	Workforce Innovation in any manner. The Legislature determines,
470	however, that public policy dictates that Workforce Florida,
471	Inc., operate in the most open and accessible manner consistent
472	with its public purpose. To this end, the Legislature
473	specifically declares that Workforce Florida, Inc., its board,
474	councils, and any advisory committees or similar groups created
475	by Workforce Florida, Inc., are subject to the provisions of
476	chapter 119 relating to public records, and those provisions of
477	chapter 286 relating to public meetings.
478	(2)  Workforce Florida, Inc., is the principal workforce
479	policy organization for the state. The purpose of Workforce
480	Florida, Inc., is to design and implement strategies that help
481	Floridians enter, remain in, and advance in the workplace,
482	becoming more highly skilled and successful, benefiting these
483	Floridians, Florida businesses, and the entire state, and to
484	assist in developing the state's business climate.
485	(3)(a)  Workforce Florida, Inc., shall be governed by a
486	board of directors, the number of directors to be determined by
487	the Governor, whose membership and appointment must be
488	consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
489	contain one member representing the licensed nonpublic
490	postsecondary educational institutions authorized as individual
491	training account providers, one member from the staffing service
492	industry, at least one member who is a current or former
493	recipient of welfare transition services as defined in s.
494	445.002(3) or workforce services as provided in s. 445.009(1),
495	and five representatives of organized labor who shall be
496	appointed by the Governor. Members described in Pub. L. No. 105-
497	220, Title I, s. 111(b)(1)(C)(vi) shall be nonvoting members.
498	Notwithstanding s. 114.05(1)(f), the Governor may appoint
499	remaining members to Workforce Florida, Inc., from the current
500	Workforce Development Board and the WAGES Program State Board of
501	Directors, established pursuant to chapter 96-175, Laws of
502	Florida, to serve on the reconstituted board. By July 1, 2000,
503	the Workforce Development Board will provide to the Governor a
504	transition plan to incorporate the changes required by this act
505	and Pub. L. No. 105-220, specifying the manner of changes to the
506	board. This plan shall govern the transition, unless otherwise
507	notified by the Governor. The importance of minority, gender,
508	and geographic representation shall be considered when making
509	appointments to the board.
510	(b)  The board of directors of Workforce Florida, Inc.,
511	shall be chaired by a board member designated by the Governor
512	pursuant to Pub. L. No. 105-220 and shall serve no more than two
513	terms.
514	(c)  Members appointed by the Governor must be appointed
515	for 3-year 2-year terms. However, in order to establish
516	staggered terms for all board members' terms that commenced on
517	July 1, 2004, the Governor shall appoint or reappoint one-third
518	of the board members for 1-year terms, appoint or reappoint
519	another third of the board members for 2-year terms, and appoint
520	or reappoint the remaining third of the board members for 3-year
521	terms. Following the July 1, 2004, appointment or reappointment
522	of the entire board, the Governor shall appoint or reappoint
523	board members for exclusively 3-year terms, except that when a
524	board member is replaced prior to the end of that board member's
525	3-year term, his or her replacement shall be appointed to serve
526	only the remainder of the 3-year term, after which the
527	replacement may be appointed for a full 3-year term. Private
528	sector representatives of businesses, appointed by the Governor
529	pursuant to Pub. L. No. 105-220, shall constitute a majority of
530	the membership of the board. Private sector representatives
531	shall be appointed from nominations received by the Governor,
532	including, but not limited to, those nominations made by the
533	President of the Senate and the Speaker of the House of
534	Representatives from any member of the Legislature. A member of
535	the Legislature may submit more than one board nomination to the
536	Governor through his or her respective presiding officer.
537	Private sector appointments to the board shall be representative
538	of the business community of this state, and no less than one-
539	half of the appointments to the board must be representative of
540	small businesses and at least five members shall have economic
541	development experience. Members appointed by the Governor serve
542	at the pleasure of the Governor and are eligible for
543	reappointment.
544	(d)  The Governor shall appoint members to the board of
545	directors of Workforce Florida, Inc., within 30 days after the
546	receipt of a sufficient number of nominations.
547	(d)(e)  A member of the board of directors of Workforce
548	Florida, Inc., may be removed by the Governor for cause. Absence
549	from three consecutive meetings results in automatic removal.
550	The chair of Workforce Florida, Inc., shall notify the Governor
551	of such absences.
552	(e)(f)  Representatives of businesses appointed to the
553	board of directors may not include providers of workforce
554	services.
555	(4)(a)  The president of Workforce Florida, Inc., shall be
556	hired by the board of directors of Workforce Florida, Inc., and
557	shall serve at the pleasure of the Governor in the capacity of
558	an executive director and secretary of Workforce Florida, Inc.
559	(b)  The board of directors of Workforce Florida, Inc.,
560	shall meet at least quarterly and at other times upon call of
561	its chair. The board and its committees, subcommittees, and
562	other subdivisions may use any method of telecommunications to
563	conduct meetings, including establishing a quorum through
564	telecommunications, provided that the public is given proper
565	notice of the telecommunicated meeting and is given reasonable
566	access to observe and, when appropriate, participate.
567	(c)  A majority of the total current membership of the
568	board of directors of Workforce Florida, Inc., comprises a
569	quorum of the board.
570	(d)  A majority of those voting is required to organize and
571	conduct the business of the board, except that a majority of the
572	entire board of directors is required to adopt or amend the
573	bylaws operational plan.
574	(e)  Except as delegated or authorized by the board of
575	directors of Workforce Florida, Inc., individual members have no
576	authority to control or direct the operations of Workforce
577	Florida, Inc., or the actions of its officers and employees,
578	including the president.
579	(f)  Members of the board of directors of Workforce
580	Florida, Inc., and its committees shall serve without
581	compensation, but these members, the president, and all
582	employees of Workforce Florida, Inc., may be reimbursed for all
583	reasonable, necessary, and actual expenses pursuant to s.
584	112.061.
585	(g)  The board of directors of Workforce Florida, Inc., may
586	establish an executive committee consisting of the chair and at
587	least six additional board members selected by the chair board
588	of directors, one of whom must be a representative of organized
589	labor. The executive committee and the president shall have such
590	authority as the board delegates to it, except that the board of
591	directors may not delegate to the executive committee authority
592	to take action that requires approval by a majority of the
593	entire board of directors.
594	(h)  The chair may appoint committees to fulfill its
595	responsibilities, to comply with federal requirements, or to
596	obtain technical assistance, and must incorporate members of
597	regional workforce development boards into its structure. At a
598	minimum, the chair shall establish the following standing
599	councils: the First Jobs/First Wages Council, the Better
600	Jobs/Better Wages Council, and the High Skills/High Wages
601	Council. For purposes of Pub. L. No. 105-220, the First
602	Jobs/First Wages Council shall serve as the state's youth
603	council.
604	(i)  Each member of the board of directors who is not
605	otherwise required to file a financial disclosure pursuant to s.
606	8, Art. II of the State Constitution or s. 112.3144 must file
607	disclosure of financial interests pursuant to s. 112.3145.
608	(5)  Workforce Florida, Inc., shall have all the powers and
609	authority, not explicitly prohibited by statute, necessary or
610	convenient to carry out and effectuate the purposes as
611	determined by statute, Pub. L. No. 105-220, and the Governor, as
612	well as its functions, duties, and responsibilities, including,
613	but not limited to, the following:
614	(a)  Serving as the state's Workforce Investment Board
615	pursuant to Pub. L. No. 105-220. Unless otherwise required by
616	federal law, at least 90 percent of the workforce development
617	funding must go into direct customer service costs.
618	(b)  Providing oversight and policy direction to ensure
619	that the following programs are administered by the Agency for
620	Workforce Innovation in compliance with approved plans and under
621	contract with Workforce Florida, Inc.:
622	1.  Programs authorized under Title I of the Workforce
623	Investment Act of 1998, Pub. L. No. 105-220, with the exception
624	of programs funded directly by the United States Department of
625	Labor under Title I, s. 167.
626	2.  Programs authorized under the Wagner-Peyser Act of
627	1933, as amended, 29 U.S.C. ss. 49 et seq.
628	3.  Welfare-to-work grants administered by the United
629	States Department of Labor under Title IV, s. 403, of the Social
630	Security Act, as amended.
631	3.4.  Activities authorized under Title II of the Trade Act
632	of 2002 1974, as amended, 19 2 U.S.C. ss. 2272 2271 et seq., and
633	the Trade Adjustment Assistance Program.
634	4.5.  Activities authorized under 38 U.S.C., chapter 41,
635	including job counseling, training, and placement for veterans.
636	6.  Employment and training activities carried out under
637	the Community Services Block Grant Act, 42 U.S.C. ss. 9901 et
638	seq.
639	5.7.  Employment and training activities carried out under
640	funds awarded to this state by the United States Department of
641	Housing and Urban Development.
642	6.8.  Welfare transition services funded by the Temporary
643	Assistance for Needy Families Program, created under the
644	Personal Responsibility and Work Opportunity Reconciliation Act
645	of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
646	of the Social Security Act, as amended.
647	7.9.  Displaced homemaker programs, provided under s.
648	446.50.
649	8.10.  The Florida Bonding Program, provided under Pub. L.
650	No. 97-300, s. 164(a)(1).
651	9.11.  The Food Stamp Employment and Training Program,
652	provided under the Food Stamp Act of 1977, U.S.C. ss. 2011-2032;
653	the Food Security Act of 1988, Pub. L. No. 99-198; and the
654	Hunger Prevention Act, Pub. L. No. 100-435.
655	10.12.  The Quick-Response Training Program, provided under
656	ss. 288.046-288.047. Matching funds and in-kind contributions
657	that are provided by clients of the Quick-Response Training
658	Program shall count toward the requirements of s.
659	288.90151(5)(d), pertaining to the return on investment from
660	activities of Enterprise Florida, Inc.
661	11.13.  The Work Opportunity Tax Credit, provided under the
662	Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
663	and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
664	12.14.  Offender placement services, provided under ss.
665	944.707-944.708.
666	15.  Programs authorized under the National and Community
667	Service Act of 1990, 42 U.S.C. ss. 12501 et seq., and the
668	Service-America programs, the National Service Trust programs,
669	the Civilian Community Corps, the Corporation for National and
670	Community Service, the American Conservation and Youth Service
671	Corps, and the Points of Light Foundation programs, if such
672	programs are awarded to the state.
673	(c)  Contracting with public and private entities as
674	necessary to further the directives of this section. All
675	contracts executed by Workforce Florida, Inc., must include
676	specific performance expectations and deliverables. All
677	Workforce Florida, Inc., contracts, including those solicited,
678	managed, or paid by the Agency for Workforce Innovation pursuant
679	to s. 20.50(2), are exempt from s. 112.061, and shall be
680	governed by subsection (1).
681	(d)  Notifying the Governor, the President of the Senate,
682	and the Speaker of the House of Representatives of noncompliance
683	by the Agency for Workforce Innovation or other agencies or
684	obstruction of the board's efforts by such agencies. Upon such
685	notification, the Executive Office of the Governor shall assist
686	agencies to bring them into compliance with board objectives.
687	(e)  Ensuring that the state does not waste valuable
688	training resources. Thus, the board shall direct that all
689	resources, including equipment purchased for training Workforce
690	Investment Act clients, be available for use at all times by
691	eligible populations as first priority users. At times when
692	eligible populations are not available, such resources shall be
693	used for any other state authorized education and training
694	purpose. Workforce Florida, Inc., may authorize expenditures to
695	award suitable framed certificates, pins, or other tokens of
696	recognition for performance by a regional workforce board, its
697	committees and subdivisions, and other units of the workforce
698	system. Workforce Florida, Inc., may also authorize expenditures
699	for promotional items such as t-shirts, hats, or pens printed
700	with messages promoting the state's workforce system to
701	employers, job seekers, and program participants. However, such
702	expenditures are subject to federal regulations applicable to
703	the expenditure of federal funds.
704	(f)  Establishing a dispute resolution process for all
705	memoranda of understanding or other contracts or agreements
706	entered into between the agency and regional workforce boards.
707	(g)(f)  Archiving records with the Bureau of Archives and
708	Records Management of the Division of Library and Information
709	Services of the Department of State.
710	(6)  Workforce Florida, Inc., may take action that it deems
711	necessary to achieve the purposes of this section, including,
712	but not limited to:
713	(a)  Creating a state employment, education, and training
714	policy that ensures that programs to prepare workers are
715	responsive to present and future business and industry needs and
716	complement the initiatives of Enterprise Florida, Inc.
717	(b)  Establishing policy direction for a funding system
718	that provides incentives to improve the outcomes of career
719	education programs, and of registered apprenticeship and work-
720	based learning programs, and that focuses resources on
721	occupations related to new or emerging industries that add
722	greatly to the value of the state's economy.
723	(c)  Establishing a comprehensive policy related to the
724	education and training of target populations such as those who
725	have disabilities, are economically disadvantaged, receive
726	public assistance, are not proficient in English, or are
727	dislocated workers. This approach should ensure the effective
728	use of federal, state, local, and private resources in reducing
729	the need for public assistance.
730	(d)  Designating Institutes of Applied Technology composed
731	of public and private postsecondary institutions working
732	together with business and industry to ensure that career
733	education programs use the most advanced technology and
734	instructional methods available and respond to the changing
735	needs of business and industry.
736	(e)  Providing policy direction for a system to project and
737	evaluate labor market supply and demand using the results of the
738	Workforce Estimating Conference created in s. 216.136 and the
739	career education performance standards identified under s.
740	1008.43.
741	(f)  Reviewing the performance of public programs that are
742	responsible for economic development, education, employment, and
743	training. The review must include an analysis of the return on
744	investment of these programs.
745	(g)  Expanding the occupations identified by the Workforce
746	Estimating Conference to meet needs created by local emergencies
747	or plant closings or to capture occupations within emerging
748	industries.
749	(7)  By December 1 of each year, Workforce Florida, Inc.,
750	shall submit to the Governor, the President of the Senate, the
751	Speaker of the House of Representatives, the Senate Minority
752	Leader, and the House Minority Leader a complete and detailed
753	annual report setting forth:
754	(a)  All audits, including the audit in subsection (8), if
755	conducted.
756	(b)  The operations and accomplishments of the board
757	partnership including the programs or entities listed in
758	subsection (6).
759	(8)  The Auditor General may, pursuant to his or her own
760	authority or at the direction of the Legislative Auditing
761	Committee, conduct an audit of Workforce Florida, Inc., or the
762	programs or entities created by Workforce Florida, Inc. The
763	Office of Program Policy Analysis and Government Accountability,
764	pursuant to its authority or at the direction of the Legislative
765	Auditing Committee, may review the systems and controls related
766	to performance outcomes and quality of services of Workforce
767	Florida, Inc.
768	(9)  Workforce Florida, Inc., in collaboration with the
769	regional workforce boards and appropriate state agencies and
770	local public and private service providers, and in consultation
771	with the Office of Program Policy Analysis and Government
772	Accountability, shall establish uniform measures and standards
773	to gauge the performance of the workforce development strategy.
774	These measures and standards must be organized into three
775	outcome tiers.
776	(a)  The first tier of measures must be organized to
777	provide benchmarks for systemwide outcomes. Workforce Florida,
778	Inc., must, in collaboration with the Office of Program Policy
779	Analysis and Government Accountability, establish goals for the
780	tier-one outcomes. Systemwide outcomes may include employment in
781	occupations demonstrating continued growth in wages; continued
782	employment after 3, 6, 12, and 24 months; reduction in and
783	elimination of public assistance reliance; job placement;
784	employer satisfaction; and positive return on investment of
785	public resources.
786	(b)  The second tier of measures must be organized to
787	provide a set of benchmark outcomes for the initiatives of the
788	First Jobs/First Wages Council, the Better Jobs/Better Wages
789	Council, and the High Skills/High Wages Council and for each of
790	the strategic components of the workforce development strategy.
791	Cost per entered employment, earnings at placement, retention in
792	employment, job placement, and entered employment rate must be
793	included among the performance outcome measures.
794	(c)  The third tier of measures must be the operational
795	output measures to be used by the agency implementing programs,
796	and it may be specific to federal requirements. The tier-three
797	measures must be developed by the agencies implementing
798	programs, and Workforce Florida, Inc., may be consulted in this
799	effort. Such measures must be reported to Workforce Florida,
800	Inc., by the appropriate implementing agency.
801	(d)  Regional differences must be reflected in the
802	establishment of performance goals and may include job
803	availability, unemployment rates, average worker wage, and
804	available employable population.
805	(e)  Job placement must be reported pursuant to s. 1008.39.
806	Positive outcomes for providers of education and training must
807	be consistent with ss. 1008.42 and 1008.43.
808	(f)  The uniform measures of success that are adopted by
809	Workforce Florida, Inc., or the regional workforce boards must
810	be developed in a manner that provides for an equitable
811	comparison of the relative success or failure of any service
812	provider in terms of positive outcomes.
813	(g)  By December 1 of each year, Workforce Florida, Inc.,
814	shall provide the Legislature with a report detailing the
815	performance of Florida's workforce development system, as
816	reflected in the three-tier measurement system. Additionally,
817	this report must benchmark Florida outcomes, at all tiers,
818	against other states that collect data similarly.
819	(10)  The workforce development strategy for the state
820	shall be designed by Workforce Florida, Inc., and shall be
821	centered around the strategies of First Jobs/First Wages, Better
822	Jobs/Better Wages, and High Skills/High Wages.
823	(a)  First Jobs/First Wages is the state's strategy to
824	promote successful entry into the workforce through education
825	and workplace experience that lead to self-sufficiency and
826	career advancement. The components of the strategy include
827	efforts that enlist business, education, and community support
828	for students to achieve long-term career goals, ensuring that
829	young people have the academic and occupational skills required
830	to succeed in the workplace. The strategy must also assist
831	employers in upgrading or updating the skills of their employees
832	and assisting workers in acquiring the education or training
833	needed to secure better jobs with better wages. The strategy
834	must assist the state's efforts to attract and expand job-
835	creating businesses offering high-paying, high-demand
836	occupations. A minimum of 15 percent of all Workforce Investment
837	Act youth services funds shall be expended for after-school care
838	programs, through contracts with qualified community-based
839	organizations and faith-based organizations, on an equal basis
840	with other private organizations, to provide after-school care
841	programs to eligible children 14 through 18 years of age. These
842	programs shall include academic tutoring, mentoring, and other
843	appropriate services. Similar services may be provided for
844	eligible children 6 through 13 years of age using Temporary
845	Assistance for Needy Families funds. Funds expended under this
846	paragraph may not be used for religious or sectarian purposes.
847	To provide after-school care programs under this paragraph, a
848	community-based organization or a faith-based organization must
849	be a nonprofit organization that holds a current exemption from
850	federal taxation under s. 501(c)(3) or (4) of the Internal
851	Revenue Code or must be a religious organization that is not
852	required to apply for recognition of its exemption from federal
853	taxation under s. 501(c)(3) of the Internal Revenue Code.
854	(b)  Better Jobs/Better Wages is the state's strategy for
855	assisting employers in upgrading or updating the skills of their
856	employees and for assisting incumbent workers in improving their
857	performance in their current jobs or acquiring the education or
858	training needed to secure a better job with better wages.
859	(c)  High Skills/High Wages is the state's strategy for
860	aligning education and training programs with high-paying, high-
861	demand occupations that advance individuals' careers, build a
862	more skilled workforce, and enhance Florida's efforts to attract
863	and expand job-creating businesses.
864	(11)  The workforce development system shall use a charter-
865	process approach aimed at encouraging local design and control
866	of service delivery and targeted activities. Workforce Florida,
867	Inc., shall be responsible for granting charters to regional
868	workforce boards that have a membership consistent with the
869	requirements of federal and state law and that have developed a
870	plan consistent with the state's workforce development strategy.
871	The plan must specify methods for allocating the resources and
872	programs in a manner that eliminates unwarranted duplication,
873	minimizes administrative costs, meets the existing job market
874	demands and the job market demands resulting from successful
875	economic development activities, ensures access to quality
876	workforce development services for all Floridians, allows for
877	pro rata or partial distribution of benefits and services,
878	prohibits the creation of a waiting list or other indication of
879	an unserved population, serves as many individuals as possible
880	within available resources, and maximizes successful outcomes.
881	As part of the charter process, Workforce Florida, Inc., shall
882	establish incentives for effective coordination of federal and
883	state programs, outline rewards for successful job placements,
884	and institute collaborative approaches among local service
885	providers. Local decisionmaking and control shall be important
886	components for inclusion in this charter application.
887	Section 5.  Section 445.006, Florida Statutes, is amended
888	to read:
889	445.006  Strategic and operational plans plan for workforce
890	development.--
891	(1)  Workforce Florida, Inc., in conjunction with state and
892	local partners in the workforce system, shall develop a
893	strategic plan for workforce, with the goal of producing skilled
894	employees for employers in the state. The strategic plan shall
895	be submitted to the Governor, the President of the Senate, and
896	the Speaker of the House of Representatives by February 1, 2001.
897	The strategic plan shall be updated or modified by January 1 of
898	each year thereafter. The plan must include, but need not be
899	limited to, strategies for:
900	(a)  Fulfilling the workforce system goals and strategies
901	prescribed in s. 445.004;
902	(b)  Aggregating, integrating, and leveraging workforce
903	system resources;
904	(c)  Coordinating the activities of federal, state, and
905	local workforce system partners;
906	(d)  Addressing the workforce needs of small businesses;
907	and
908	(e)  Fostering the participation of rural communities and
909	distressed urban cores in the workforce system.
910	(2)  Workforce Florida, Inc., shall establish an
911	operational plan to implement the strategic plan. The
912	operational plan shall be submitted to the Governor, the
913	President of the Senate, and the Speaker of the House of
914	Representatives along with the strategic plan and shall reflect
915	the allocation of resources as appropriated by the Legislature
916	to specific responsibilities enumerated in law. As a component
917	of the operational strategic plan required under this section,
918	Workforce Florida, Inc., shall develop a workforce marketing
919	plan, with the goal of educating individuals inside and outside
920	the state about the employment market and employment conditions
921	in the state. The marketing plan must include, but need not be
922	limited to, strategies for:
923	(a)  Distributing information to secondary and
924	postsecondary education institutions about the diversity of
925	businesses in the state, specific clusters of businesses or
926	business sectors in the state, and occupations by industry which
927	are in demand by employers in the state;
928	(b)  Distributing information about and promoting use of
929	the Internet-based job matching and labor market information
930	system authorized under s. 445.011; and
931	(c)  Coordinating with Enterprise Florida, Inc., to ensure
932	that workforce marketing efforts complement the economic
933	development marketing efforts of the state.
934	(3)  The operational strategic plan must include
935	performance measures, standards, measurement criteria, and
936	contract guidelines in the following areas with respect to
937	participants in the welfare transition program:
938	(a)  Work participation rates, by type of activity;
939	(b)  Caseload trends;
940	(c)  Recidivism;
941	(d)  Participation in diversion and relocation assistance
942	programs;
943	(e)  Employment retention;
944	(f)  Wage growth; and
945	(g)  Other issues identified by the board of directors of
946	Workforce Florida, Inc.
947	(4)  The operational strategic plan must include criteria
948	for allocating workforce resources to regional workforce boards.
949	With respect to allocating funds to serve customers of the
950	welfare transition program, such criteria may include weighting
951	factors that indicate the relative degree of difficulty
952	associated with securing and retaining employment placements for
953	specific subsets of the welfare transition caseload.
954	(5)(a)  The operational strategic plan may must include a
955	performance-based payment structure to be used for all welfare
956	transition program customers which takes into account:
957	1.  The degree of difficulty associated with placement and
958	retention;
959	2.  The quality of the placement with respect to salary,
960	benefits, and opportunities for advancement; and
961	3.  The employee's retention in the placement.
962	(b)  The payment structure may must provide for bonus
963	payments of up to 10 percent of the contract amount to providers
964	that achieve notable success in achieving contract objectives,
965	including, but not limited to, success in diverting families in
966	which there is an adult who is subject to work requirements from
967	receiving cash assistance and in achieving long-term job
968	retention and wage growth with respect to welfare transition
969	program customers. A service provider shall be paid a maximum of
970	one payment per service for each participant during any given 6-
971	month period.
972	(6)(a)  The operational strategic plan must include
973	strategies that are designed to prevent or reduce the need for a
974	person to receive public assistance. These strategies must
975	include:
976	1.  A teen pregnancy prevention component that includes,
977	but is not limited to, a plan for implementing the Florida
978	Education Now and Babies Later (ENABL) program under s. 411.242
979	and the Teen Pregnancy Prevention Community Initiative within
980	each county of the services area in which the teen birth rate is
981	higher than the state average;
982	2.  A component that encourages creation of community-based
983	welfare prevention and reduction initiatives that increase
984	support provided by noncustodial parents to their welfare-
985	dependent children and are consistent with program and financial
986	guidelines developed by Workforce Florida, Inc., and the
987	Commission on Responsible Fatherhood. These initiatives may
988	include, but are not limited to, improved paternity
989	establishment, work activities for noncustodial parents,
990	programs aimed at decreasing out-of-wedlock pregnancies,
991	encouraging involvement of fathers with their children including
992	court-ordered supervised visitation, and increasing child
993	support payments;
994	3.  A component that encourages formation and maintenance
995	of two-parent families through, among other things, court-
996	ordered supervised visitation;
997	4.  A component that fosters responsible fatherhood in
998	families receiving assistance; and
999	5.  A component that fosters provision of services that
1000	reduce the incidence and effects of domestic violence on women
1001	and children in families receiving assistance.
1002	(b)  Specifications for welfare transition program services
1003	that are to be delivered include, but are not limited to:
1004	1.  Initial assessment services prior to an individual
1005	being placed in an employment service, to determine whether the
1006	individual should be referred for relocation, up-front
1007	diversion, education, or employment placement. Assessment
1008	services shall be paid on a fixed unit rate and may not provide
1009	educational or employment placement services.
1010	2.  Referral of participants to diversion and relocation
1011	programs.
1012	3.  Preplacement services, including assessment, staffing,
1013	career plan development, work orientation, and employability
1014	skills enhancement.
1015	4.  Services necessary to secure employment for a welfare
1016	transition program participant.
1017	5.  Services necessary to assist participants in retaining
1018	employment, including, but not limited to, remedial education,
1019	language skills, and personal and family counseling.
1020	6.  Desired quality of job placements with regard to
1021	salary, benefits, and opportunities for advancement.
1022	7.  Expectations regarding job retention.
1023	8.  Strategies to ensure that transition services are
1024	provided to participants for the mandated period of eligibility.
1025	9.  Services that must be provided to the participant
1026	throughout an education or training program, such as monitoring
1027	attendance and progress in the program.
1028	10.  Services that must be delivered to welfare transition
1029	program participants who have a deferral from work requirements
1030	but wish to participate in activities that meet federal
1031	participation requirements.
1032	11.  Expectations regarding continued participant awareness
1033	of available services and benefits.
1034	Section 6.  Section 445.007, Florida Statutes, is amended
1035	to read:
1036	445.007  Regional workforce boards; exemption from public
1037	meetings law.--
1038	(1)  One regional workforce board shall be appointed in
1039	each designated service delivery area and shall serve as the
1040	local workforce investment board pursuant to Pub. L. No. 105-
1041	220. The membership of the board shall be consistent with Pub.
1042	L. No. 105-220, Title I, s. 117(b), and contain one
1043	representative from a nonpublic postsecondary educational
1044	institution that is an authorized individual training account
1045	provider within the region and confers certificates and
1046	diplomas, one representative from a nonpublic postsecondary
1047	educational institution that is an authorized individual
1048	training account provider within the region and confers degrees,
1049	and three representatives of organized labor. The board shall
1050	include one nonvoting representative from a military
1051	installation if a military installation is located within the
1052	region and the appropriate military command or organization
1053	authorizes such representation. Individuals serving as members
1054	of regional workforce development boards or local WAGES
1055	coalitions, as of June 30, 2000, are eligible for appointment to
1056	regional workforce boards, pursuant to this section. It is the
1057	intent of the Legislature that, whenever possible and to the
1058	greatest extent practicable, membership of a regional workforce
1059	board include persons who are current or former recipients of
1060	welfare transition assistance as defined in s. 445.002(3) or
1061	workforce services as provided in s. 445.009(1), or that such
1062	persons be included as ex officio members of the board or of
1063	committees organized by the board. The importance of minority
1064	and gender representation shall be considered when making
1065	appointments to the board. The board and its committees,
1066	subcommittees, and subdivisions, or other units of the workforce
1067	system, including units that may consist in whole or in part of
1068	local governmental units, may use any method of
1069	telecommunications to conduct meetings, including establishing a
1070	quorum through telecommunications. Regional workforce boards are
1071	subject to chapters 119 and 286 and article I, section 24 of the
1072	State Constitution. If the regional workforce board enters into
1073	a contract with an organization or individual represented on the
1074	board of directors, the contract must be approved by a two-
1075	thirds vote of the entire board, and the board member who could
1076	benefit financially from the transaction must abstain from
1077	voting on the contract. A board member must disclose any such
1078	conflict in a manner that is consistent with the procedures
1079	outlined in s. 112.3143.
1080	(2)  The regional workforce board shall elect a chair from
1081	among the representatives described in Pub. L. No. 105-220,
1082	Title I, s. 117(b)(2)(A)(i) to serve for a term of no more than
1083	2 years and to serve no more than two terms. Workforce Florida,
1084	Inc., will determine the timeframe and manner of changes to the
1085	regional workforce boards as required by this chapter and Pub.
1086	L. No. 105-220.
1087	(3)  Workforce Florida, Inc., shall assign staff to meet
1088	with each regional workforce board annually to review the
1089	board's performance and to certify that the board is in
1090	compliance with applicable state and federal law.
1091	(4)  In addition to the duties and functions specified by
1092	Workforce Florida, Inc., and by the interlocal agreement
1093	approved by the local county or city governing bodies, the
1094	regional workforce board shall have the following
1095	responsibilities:
1096	(a)  Develop, submit, ratify, or amend the local plan
1097	pursuant to Pub. L. No. 105-220, Title I, s. 118, and the
1098	provisions of this act.
1099	(b)  Conclude agreements necessary to designate the fiscal
1100	agent and administrative entity. A public or private entity,
1101	including an entity established pursuant to s. 163.01, which
1102	makes a majority of the appointments to a regional workforce
1103	board may serve as the board's administrative entity if approved
1104	by Workforce Florida, Inc., based upon a showing that a fair and
1105	competitive process was used to select the administrative
1106	entity.
1107	(c)  Complete assurances required for the charter process
1108	of Workforce Florida, Inc., and provide ongoing oversight
1109	related to administrative costs, duplicated services, career
1110	counseling, economic development, equal access, compliance and
1111	accountability, and performance outcomes.
1112	(d)  Oversee the one-stop delivery system in its local
1113	area.
1114	(5)  Workforce Florida, Inc., shall implement a training
1115	program for the regional workforce boards to familiarize board
1116	members with the state's workforce development goals and
1117	strategies. The regional workforce board shall designate all
1118	local service providers and shall not transfer this authority to
1119	a third party. In order to exercise independent oversight, the
1120	regional workforce board shall not be a direct provider of
1121	intake, assessment, eligibility determinations, or other direct
1122	provider services.
1123	(6)  Regional workforce boards shall adopt a committee
1124	structure consistent with applicable federal law and state
1125	policies established by Workforce Florida, Inc. Regional
1126	workforce boards may appoint local committees to obtain
1127	technical assistance on issues of importance, including those
1128	issues affecting older workers.
1129	(7)  Each regional workforce board shall establish by
1130	October 1, 2000, a High Skills/High Wages committee consisting
1131	of at least five private-sector business representatives
1132	appointed in consultation with local chambers of commerce by the
1133	primary county economic development organization within the
1134	region, as identified by Enterprise Florida, Inc.; a
1135	representative of each primary county economic development
1136	organization within the region; the regional workforce board
1137	chair; the presidents of all community colleges within the
1138	board's region; those district school superintendents with
1139	authority for conducting postsecondary educational programs
1140	within the region; and two representatives from nonpublic
1141	postsecondary educational institutions that are authorized
1142	individual training account providers within the region,
1143	appointed by the chair of the regional workforce board. If
1144	possible, one of the nonpublic educational institutions
1145	represented must be accredited by the Southern Association of
1146	Colleges and Schools. The business representatives appointed by
1147	the primary county economic development organizations need not
1148	be members of the regional workforce board and shall represent
1149	those industries that are of primary importance to the region's
1150	current and future economy. In a multicounty region, each
1151	primary county economic development organization within the
1152	region shall appoint at least one business representative and
1153	shall consult with the other primary county economic development
1154	organizations within the region to make joint appointments when
1155	necessary.
1156	(a)  At least annually, each High Skills/High Wages
1157	committee shall submit recommendations to Workforce Florida,
1158	Inc., related to:
1159	1.  Policies to enhance the responsiveness of High
1160	Skills/High Wages programs in its region to business and
1161	economic development opportunities.
1162	2.  Integrated use of state education and federal workforce
1163	development funds to enhance the training and placement of
1164	designated population individuals with local businesses and
1165	industries.
1166	(b)  The committees shall also make reports to Workforce
1167	Florida, Inc., annually, on dates specified by Workforce
1168	Florida, Inc., that identify occupations in the region deemed
1169	critical to business retention, expansion, and recruitment
1170	activities, based on guidelines set by Workforce Florida, Inc.
1171	Such guidelines shall include research of the workforce needs of
1172	private employers in the region, in consultation with local
1173	chambers of commerce and economic development organizations.
1174	Occupations identified pursuant to this paragraph shall be
1175	considered by Workforce Florida, Inc., for inclusion in the
1176	region's targeted occupation list.
1177	(8)  Each regional workforce board shall establish a Better
1178	Jobs/Better Wages committee consisting of at least five members.
1179	Initial appointments to this committee shall include at least
1180	three members of the local WAGES coalition, established pursuant
1181	to chapter 96-175, Laws of Florida.
1182	(9)  Each regional workforce board shall establish a First
1183	Jobs/First Wages committee consisting of at least five members.
1184	This committee shall serve as the youth council for purposes of
1185	Pub. L. No. 105-220.
1186	(7)(10)  The importance of minority and gender
1187	representation shall be considered when appointments are made to
1188	any committee established by the regional workforce board.
1189	(8)(11)  For purposes of procurement, regional workforce
1190	boards and their administrative entities are not state agencies
1191	and are exempt from chapters 120 and 287, but the boards and
1192	their administrative entities must comply with state procurement
1193	laws and procedures until Workforce Florida, Inc., adopts the
1194	provisions or alternative procurement procedures that meet the
1195	requirements of federal law. The regional workforce boards shall
1196	apply the procurement and expenditure procedures required by
1197	federal law for the expenditure of federal funds. Regional
1198	workforce boards and their administrative entities, committees,
1199	and subcommittees and other workforce units may promote
1200	appropriate activities, incentives, and awards for performance
1201	by units of the state's workforce system, and expenditures for
1202	such activities, incentives, and awards shall not be subject to
1203	chapter 287 or chapter 17, including rules adopted thereunder.
1204	However, all expenditures for such activities, incentives, and
1205	awards shall be exclusively subject to federal rules and
1206	regulations applicable to expenditure of federal funds. All
1207	contracts executed by regional workforce boards must include
1208	specific performance expectations and deliverables.
1209	(9)(12)  Any meeting or portion of a meeting held by
1210	Workforce Florida, Inc., or a regional workforce board or local
1211	committee created under this section at which personal
1212	identifying information contained in records relating to
1213	temporary cash assistance, as defined in s. 414.0252, is
1214	discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
1215	State Constitution if the information identifies a participant,
1216	a participant's family, or a participant's family or household
1217	member, as defined in s. 414.0252. This subsection is subject to
1218	the Open Government Sunset Review Act of 1995 in accordance with
1219	s. 119.15, and shall stand repealed on October 2, 2006, unless
1220	reviewed and saved from repeal through reenactment by the
1221	Legislature.
1222	Section 7.  Subsection (3) and paragraph (d) of subsection
1223	(8) of section 445.009, Florida Statutes, are amended to read:
1224	445.009  One-stop delivery system.--
1225	(3)  Notwithstanding any other provision of law, any
1226	memorandum of understanding in effect on June 30, 2000, between
1227	a regional workforce board and the Department of Labor and
1228	Employment Security governing the delivery of workforce services
1229	shall remain in effect until September 30, 2000. Beginning
1230	October 1, 2000, regional workforce boards shall enter into a
1231	memorandum of understanding with the Agency for Workforce
1232	Innovation for the delivery of employment services authorized by
1233	the federal Wagner-Peyser Act. This memorandum of understanding
1234	must be performance based.
1235	(a)  Unless otherwise required by federal law, at least 90
1236	percent of the Wagner-Peyser funding must go into direct
1237	customer service costs.
1238	(b)  Employment services must be provided through the one-
1239	stop delivery system, under the guidance of one-stop delivery
1240	system operators. One-stop delivery system operators shall have
1241	overall authority for directing the staff of the workforce
1242	system. Personnel matters shall remain under the ultimate
1243	authority of the Agency for Workforce Innovation. However, the
1244	one-stop delivery system operator shall submit to the agency
1245	information concerning the job performance of agency employees
1246	who deliver employment services. The agency shall consider any
1247	such information submitted by the one-stop delivery system
1248	operator in conducting performance appraisals of the employees.
1249	(c)  The agency shall retain fiscal responsibility and
1250	accountability for the administration of funds allocated to the
1251	state under the Wagner-Peyser Act. An agency employee who is
1252	providing services authorized under the Wagner-Peyser Act shall
1253	be paid using Wagner-Peyser Act funds.
1254	(d)  The Office of Program Policy Analysis and Government
1255	Accountability, in consultation with Workforce Florida, Inc.,
1256	shall review the delivery of employment services under the
1257	Wagner-Peyser Act and the integration of those services with
1258	other activities performed through the one-stop delivery system
1259	and shall provide recommendations to the Legislature for
1260	improving the effectiveness of the delivery of employment
1261	services in this state. The Office of Program Policy Analysis
1262	and Government Accountability shall submit a report and
1263	recommendations to the Governor, the President of the Senate,
1264	and the Speaker of the House of Representatives by December 31,
1265	2002.
1266	(8)
1267	(d)  To the maximum extent possible, training providers
1268	shall use funding sources other than the funding provided under
1269	Pub. L. No. 105-220. Workforce Florida, Inc., shall develop a
1270	system to encourage the leveraging of appropriated resources for
1271	the workforce system and shall report on such efforts as part of
1272	the required annual report. A performance outcome related to
1273	alternative financing obtained by the training provider shall be
1274	established by Workforce Florida, Inc., and used for performance
1275	evaluation purposes. The performance evaluation must take into
1276	consideration the number of alternative funding sources.
1277	Section 8.  Section 445.019, Florida Statutes, is amended
1278	to read:
1279	445.019  Teen parent and pregnancy prevention diversion
1280	program; eligibility for services.--The Legislature recognizes
1281	that teen pregnancy is a major cause of dependency on government
1282	assistance that often extends through more than one generation.
1283	The purpose of the teen parent and pregnancy prevention
1284	diversion program is to provide services to reduce and avoid
1285	welfare dependency by reducing teen pregnancy, reducing the
1286	incidence of multiple pregnancies to teens, and by assisting
1287	teens in completing educational and employment programs.
1288	(1)  Notwithstanding any provision to the contrary in ss.
1289	414.075, 414.085, and 414.095, a teen who is determined to be at
1290	risk of teen pregnancy or who already has a child shall be
1291	deemed eligible to receive services under this program.
1292	(2)  Services provided under this program shall be limited
1293	to services that are not considered assistance under federal law
1294	or guidelines.
1295	(3)  Receipt of services under this section does not
1296	preclude eligibility for, or receipt of, other assistance or
1297	services under chapter 414.
1298	Section 9.  Section 445.020, Florida Statutes, is amended
1299	to read:
1300	445.020  Diversion programs; determination of need.--If
1301	federal regulations require a determination of needy families or
1302	needy parents to be based on financial criteria, such as income
1303	or resources, for individuals or families who are receiving
1304	services, one-time payments, or nonrecurring short-term
1305	benefits, the Temporary Assistance for Needy Families State Plan
1306	Department of Children and Family Services shall clearly
1307	indicate adopt rules to define such criteria. In such rules, the
1308	department shall use the income level established for Temporary
1309	Assistance for Needy Families funds which are transferred for
1310	use under Title XX of the Social Security Act. If federal
1311	regulations do not require a financial determination for receipt
1312	of such benefits, payments, or services, the criteria otherwise
1313	established in this chapter shall be used.
1314	Section 10.  Sections 445.005, 445.012, 445.0121, 445.0122,
1315	445.0123, 445.0124, 445.0125, 445.013, 446.21, 446.22, 446.23,
1316	446.24, 446.25, 446.26, and 446.27, Florida Statutes, are
1317	repealed.
1318	Section 11.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.