Senate Bill sb1650er

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  1                                 

  2         An act relating to workforce innovation;

  3         amending s. 20.50, F.S.; revising the

  4         organization, powers, and duties of the Agency

  5         for Workforce Innovation; deleting references

  6         to specific programs; amending s. 445.003,

  7         F.S.; revising certain provisions relating to

  8         funding under the federal Workforce Investment

  9         Act of 1998; deleting obsolete provisions;

10         amending s. 445.004, F.S.; revising membership

11         and appointment of the board of directors of

12         Workforce Florida, Inc., and increasing terms

13         of members; providing for use of

14         telecommunications to facilitate meetings;

15         revising duties of the board chair and of

16         Workforce Florida, Inc.; providing for rules;

17         providing additional qualifications for certain

18         board members; authorizing activities,

19         incentives, and awards; requiring a

20         dispute-resolution process under certain

21         circumstances; amending s. 445.006, F.S.;

22         providing for an operational plan; amending s.

23         445.007, F.S.; revising organizational

24         requirements for regional workforce boards;

25         providing for the use of telecommunications to

26         facilitate meetings of regional workforce

27         boards; authorizing activities, incentives, and

28         awards by regional workforce boards and their

29         subordinate entities; deleting obsolete

30         provisions; amending s. 445.009, F.S.; deleting

31         provisions relating to performance evaluation;


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 1         deleting obsolete provisions; requiring

 2         development of a plan for leveraging resources;

 3         amending s. 445.019, F.S.; providing an

 4         additional purpose of the teen parent and

 5         pregnancy prevention diversion program;

 6         amending s. 445.020, F.S.; requiring the

 7         Temporary Assistance for Needy Families state

 8         plan to indicate financial criteria for

 9         determination of needy families or parents,

10         when required by federal regulations; amending

11         s. 427.012, F.S.; providing for the director of

12         the agency to serve on the Commission for the

13         Transportation Disadvantaged; repealing s.

14         445.005, F.S., relating to First Jobs/First

15         Wages, Better Jobs/Better Wages, and High

16         Skills/High Wages Councils of Workforce

17         Florida, Inc., s. 445.012, F.S., relating to

18         Careers for Florida's Future Incentive Grant

19         Program, s. 445.0121, F.S., relating to student

20         eligibility requirements for initial awards, s.

21         445.0122, F.S., relating to student eligibility

22         requirements for renewal awards, s. 445.0123,

23         F.S., relating to eligible postsecondary

24         education institutions, s. 445.0124, F.S.,

25         relating to eligible programs, s. 445.0125,

26         F.S., relating to repayment schedule, s.

27         445.013, F.S., relating to challenge grants in

28         support of welfare-to-work initiatives, s.

29         446.21, F.S., providing a short title, s.

30         446.22, F.S., relating to definitions for the

31         Florida Youth-at-Risk 2000 Pilot Program, s.


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 1         446.23, F.S., relating to obligations of a

 2         mentor, s. 446.24, F.S., relating to

 3         obligations of a youth participant, s. 446.25,

 4         F.S., relating to implementation of the

 5         program, s. 446.26, F.S., relating to funding

 6         the program, and s. 446.27, F.S., relating to

 7         an annual report; providing an effective date.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Section 20.50, Florida Statutes, as amended

12  by section 4 of chapter 2004-484, Laws of Florida, is amended

13  to read:

14         20.50  Agency for Workforce Innovation.--There is

15  created the Agency for Workforce Innovation within the

16  Department of Management Services. The agency shall be a

17  separate budget entity, as provided in the General

18  Appropriations Act, and the director of the agency shall be

19  the agency head for all purposes. The agency shall not be

20  subject to control, supervision, or direction by the

21  Department of Management Services in any manner, including,

22  but not limited to, personnel, purchasing, transactions

23  involving real or personal property, and budgetary matters.

24         (1)  The Agency for Workforce Innovation shall ensure

25  that the state appropriately administers federal and state

26  workforce funding by administering plans and policies of

27  Workforce Florida, Inc., under contract with Workforce

28  Florida, Inc. The operating budget and midyear amendments

29  thereto must be part of such contract.

30         (a)  All program and fiscal instructions to regional

31  workforce boards shall emanate from the agency pursuant to


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 1  plans and policies of Workforce Florida, Inc. Workforce

 2  Florida, Inc., shall be responsible for all policy directions

 3  to the regional boards.

 4         (b)  Unless otherwise provided by agreement with

 5  Workforce Florida, Inc., administrative and personnel policies

 6  of the Agency for Workforce Innovation shall apply.

 7         (2)(a)  The Agency for Workforce Innovation is the

 8  administrative agency designated for receipt of federal

 9  workforce development grants and other federal funds. The

10  agency shall administer the duties and responsibilities

11  assigned by the Governor under each federal grant assigned to

12  the agency. The agency shall be a separate budget entity and

13  shall expend each revenue source as provided by federal and

14  state law and as provided in plans developed by and agreements

15  with Workforce Florida, Inc. The agency may serve as contract

16  administrator for Workforce Florida, Inc., contracts pursuant

17  to s. 445.004(5) as directed by Workforce Florida, Inc.

18         (b)  The agency shall prepare and submit as a separate

19  budget entity a unified budget request for workforce

20  development, in accordance with chapter 216 for, and in

21  conjunction with, Workforce Florida, Inc., and its board. The

22  head of the agency is the director of Workforce Innovation,

23  who shall be appointed by the Governor. The accountability and

24  reporting functions of the agency shall be administered by the

25  director or his or her designee. These functions shall include

26  budget management, financial management, audit, performance

27  management standards and controls, assessing outcomes of

28  service delivery, and financial administration of workforce

29  programs under s. 445.004(5) and (9).

30  

31  


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 1         (c)  The agency shall include the following offices

 2  within its organizational structure which shall have the

 3  specified responsibilities:

 4         1.(a)  The Office of Unemployment Compensation

 5  Workforce Services shall administer the unemployment

 6  compensation program, the Rapid Response program, the Work

 7  Opportunity Tax Credit program, the Alien Labor Certification

 8  program, and any other programs that are delivered directly by

 9  agency staff rather than through the one-stop delivery system.

10  The office shall be directed by the Deputy Director for

11  Workforce Services, who shall be appointed by and serve at the

12  pleasure of the director.

13         2.(b)  The Office of Workforce Program Support and

14  Accountability shall administer state merit system program

15  staff within the workforce service delivery system, under the

16  policies of Workforce Florida, Inc. The office is responsible

17  for delivering services through the one-stop delivery system

18  and for ensuring that participants in welfare transition

19  programs receive case management services, diversion

20  assistance, support services, including child care and

21  transportation services, Medicaid services, and transition

22  assistance to enable them to succeed in the workforce. The

23  office is also responsible for program quality assurance,

24  grants and contract management, contracting, financial

25  management, and reporting. The office shall be directed by the

26  Deputy Director for Program Support and Accountability, who

27  shall be appointed by and serve at the pleasure of the

28  director. The office is responsible for:

29         1.  Establishing monitoring, quality assurance, and

30  quality improvement systems that routinely assess the quality

31  and effectiveness of contracted programs and services.


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 1         2.  Annual review of each regional workforce board and

 2  administrative entity to ensure that adequate systems of

 3  reporting and control are in place; that monitoring, quality

 4  assurance, and quality improvement activities are conducted

 5  routinely; and that corrective action is taken to eliminate

 6  deficiencies.

 7         3.(c)  The Office of Early Learning, which shall

 8  administer the school readiness system in accordance with s.

 9  411.01 and the operational requirements of the Voluntary

10  Prekindergarten Education Program in accordance with part V of

11  chapter 1002. The office shall be directed by the Deputy

12  Director for Early Learning, who shall be appointed by and

13  serve at the pleasure of the director; and.

14         4.(d)  The Office of Agency Support Services.

15  

16  The director of the agency may establish the positions of

17  assistant director and deputy director to administer the

18  requirements and functions of the agency. In addition, the

19  director may organize and structure the offices of the agency

20  to best meet the goals and objectives of the agency as

21  provided in s. 20.04. is responsible for procurement, human

22  resource services, and information services including

23  delivering information on labor markets, employment,

24  occupations, and performance, and shall implement and maintain

25  information systems that are required for the effective

26  operation of the one-stop delivery system and the school

27  readiness system, including, but not limited to, those systems

28  described in s. 445.009. The office shall be directed by the

29  Deputy Director for Agency Support Services, who shall be

30  appointed by and serve at the pleasure of the director. The

31  office is responsible for establishing:


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 1         1.  Information systems and controls that report

 2  reliable, timely and accurate fiscal and performance data for

 3  assessing outcomes, service delivery, and financial

 4  administration of workforce programs under s. 445.004(5) and

 5  (9).

 6         2.  Information systems that support service

 7  integration and case management by providing for case tracking

 8  for participants in welfare transition programs.

 9         3.  Information systems that support school readiness

10  system.

11         (d)(e)  The Unemployment Appeals Commission, authorized

12  by s. 443.012, is not subject to control, supervision, or

13  direction by the Agency for Workforce Innovation in the

14  performance of its powers and duties but shall receive any and

15  all support and assistance from the agency that is required

16  for the performance of its duties.

17         (3)  The Agency for Workforce Innovation shall serve as

18  the designated agency for purposes of each federal workforce

19  development grant assigned to it for administration. The

20  agency shall carry out the duties assigned to it by the

21  Governor, under the terms and conditions of each grant. The

22  agency shall have the level of authority and autonomy

23  necessary to be the designated recipient of each federal grant

24  assigned to it, and shall disperse such grants pursuant to the

25  plans and policies of Workforce Florida, Inc. The director

26  may, upon delegation from the Governor and pursuant to

27  agreement with Workforce Florida, Inc., sign contracts,

28  grants, and other instruments as necessary to execute

29  functions assigned to the agency. Notwithstanding other

30  provisions of law, the following federal grants and other

31  


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 1  funds are assigned for administration to the Agency for

 2  Workforce Innovation shall administer:

 3         (a)  Programs authorized under Title I of the Workforce

 4  Investment Act of 1998, Pub. L. No. 105-220, except for

 5  programs funded directly by the United States Department of

 6  Labor under Title I, s. 167.

 7         (b)  Programs authorized under the Wagner-Peyser Act of

 8  1933, as amended, 29 U.S.C. ss. 49 et seq.

 9         (c)  Welfare-to-work grants administered by the United

10  States Department of Labor under Title IV, s. 403, of the

11  Social Security Act, as amended.

12         (d)  Activities authorized under Title II of the Trade

13  Act of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the

14  Trade Adjustment Assistance Program.

15         (e)  Activities authorized under chapter 41 of Title 38

16  U.S.C., including job counseling, training, and placement for

17  veterans.

18         (f)  Employment and training activities carried out

19  under the Community Services Block Grant Act, 42 U.S.C. ss.

20  9901 et seq.

21         (g)  Employment and training activities carried out

22  under funds awarded to this state by the United States

23  Department of Housing and Urban Development.

24         (h)  Designated state and local program expenditures

25  under part A of Title IV of the Social Security Act for

26  welfare transition workforce services associated with the

27  Temporary Assistance for Needy Families Program.

28         (i)  Programs authorized under the National and

29  Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,

30  and the Service-America programs, the National Service Trust

31  programs, the Civilian Community Corps, the Corporation for


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 1  National and Community Service, the American Conservation and

 2  Youth Service Corps, and the Points of Light Foundation

 3  programs, if such programs are awarded to the state.

 4         (j)  The Unemployment Compensation program provided

 5  pursuant to chapter 443.

 6         (k)  other programs funded by federal or state

 7  appropriations, as determined by the Legislature in the

 8  General Appropriations Act or by law.

 9         (4)  The Agency for Workforce Innovation may shall

10  provide or contract for training for employees of

11  administrative entities and case managers of any contracted

12  providers to ensure they have the necessary competencies and

13  skills to provide adequate administrative oversight and

14  delivery of the full array of client services pursuant to s.

15  445.004(5)(b).  Training requirements include, but are not

16  limited to:

17         (a)  Minimum skills, knowledge, and abilities required

18  for each classification of program personnel utilized in the

19  regional workforce boards' service delivery plans.

20         (b)  Minimum requirements for development of a regional

21  workforce board supported personnel training plan to include

22  preservice and inservice components.

23         (c)  Specifications or criteria under which any

24  regional workforce board may award bonus points or otherwise

25  give preference to competitive service provider applications

26  that provide minimum criteria for assuring competent case

27  management, including, but not limited to, maximum caseload

28  per case manager, current staff turnover rate, minimum

29  educational or work experience requirements, and a

30  differentiated compensation plan based on the competency

31  levels of personnel.


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 1         (d)  Minimum skills, knowledge, and abilities required

 2  for contract management, including budgeting, expenditure, and

 3  performance information related to service delivery and

 4  financial administration, monitoring, quality assurance and

 5  improvement, and standards of conduct for employees of

 6  regional workforce boards and administrative entities

 7  specifically related to carrying out contracting

 8  responsibilities.

 9         (5)  The Agency for Workforce Innovation shall have an

10  official seal by which its records, orders, and proceedings

11  are authenticated. The seal shall be judicially noticed.

12         Section 2.  Subsections (3), (4), (5), and (6) of

13  section 445.003, Florida Statutes, are amended to read:

14         445.003  Implementation of the federal Workforce

15  Investment Act of 1998.--

16         (3)  FUNDING.--

17         (a)  Title I, Workforce Investment Act of 1998 funds;

18  Wagner-Peyser funds; and NAFTA/Trade Act funds will be

19  expended based on the 5-year plan of Workforce Florida, Inc.

20  The plan shall outline and direct the method used to

21  administer and coordinate various funds and programs that are

22  operated by various agencies. The following provisions shall

23  also apply to these funds:

24         1.  At least 50 percent of the Title I funds for Adults

25  and Dislocated Workers that are passed through to regional

26  workforce boards shall be allocated to Individual Training

27  Accounts unless a regional workforce board obtains a waiver

28  from Workforce Florida, Inc. Tuition and, fees, and

29  performance-based incentive awards paid in compliance with

30  Florida's Performance-Based Incentive Fund Program qualify as

31  an Individual Training Account expenditure, as do other


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 1  programs developed by regional workforce boards in compliance

 2  with policies of Workforce Florida, Inc.

 3         2.  Fifteen percent of Title I funding shall be

 4  retained at the state level and shall be dedicated to state

 5  administration and used to design, develop, induce, and fund

 6  innovative Individual Training Account pilots, demonstrations,

 7  and programs. Of such funds retained at the state level, $2

 8  million shall be reserved for the Incumbent Worker Training

 9  Program, created under subparagraph 3. Eligible state

10  administration costs include the costs of: funding for the

11  board and staff of Workforce Florida, Inc.; operating fiscal,

12  compliance, and management accountability systems through

13  Workforce Florida, Inc.; conducting evaluation and research on

14  workforce development activities; and providing technical and

15  capacity building assistance to regions at the direction of

16  Workforce Florida, Inc. Notwithstanding s. 445.004, such

17  administrative costs shall not exceed 25 percent of these

18  funds. An amount not to exceed 75 percent of these funds shall

19  be allocated to Individual Training Accounts and other

20  workforce development strategies for: the Minority Teacher

21  Education Scholars program, the Certified Teacher-Aide

22  program, the Self-Employment Institute, and other training

23  designed and tailored by Workforce Florida, Inc., including,

24  but not limited to, programs for incumbent workers, displaced

25  homemakers, nontraditional employment, empowerment zones, and

26  enterprise zones. Workforce Florida, Inc., shall design,

27  adopt, and fund Individual Training Accounts for distressed

28  urban and rural communities.

29         3.  The Incumbent Worker Training Program is created

30  for the purpose of providing grant funding for continuing

31  education and training of incumbent employees at existing


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 1  Florida businesses. The program will provide reimbursement

 2  grants to businesses that pay for preapproved, direct,

 3  training-related costs.

 4         a.  The Incumbent Worker Training Program will be

 5  administered by Workforce Florida, Inc. Workforce Florida,

 6  Inc., at its discretion, may contract with a private business

 7  organization to serve as grant administrator.

 8         b.  To be eligible for the program's grant funding, a

 9  business must have been in operation in Florida for a minimum

10  of 1 year prior to the application for grant funding; have at

11  least one full-time employee; demonstrate financial viability;

12  and be current on all state tax obligations. Priority for

13  funding shall be given to businesses with 25 employees or

14  fewer, businesses in rural areas, businesses in distressed

15  inner-city areas, businesses in a qualified targeted industry,

16  businesses whose grant proposals represent a significant

17  upgrade in employee skills, or businesses whose grant

18  proposals represent a significant layoff avoidance strategy.

19         c.  All costs reimbursed by the program must be

20  preapproved by Workforce Florida, Inc., or the grant

21  administrator. The program will not reimburse businesses for

22  trainee wages, the purchase of capital equipment, or the

23  purchase of any item or service that may possibly be used

24  outside the training project. A business approved for a grant

25  may be reimbursed for preapproved, direct, training-related

26  costs including tuition; and fees; books and training

27  classroom materials; and overhead or indirect costs not to

28  exceed 5 percent of the grant amount.

29         d.  A business that is selected to receive grant

30  funding must provide a matching contribution to the training

31  project, including, but not limited to, wages paid to trainees


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 1  or the purchase of capital equipment used in the training

 2  project; must sign an agreement with Workforce Florida, Inc.,

 3  or the grant administrator to complete the training project as

 4  proposed in the application; must keep accurate records of the

 5  project's implementation process; and must submit monthly or

 6  quarterly reimbursement requests with required documentation.

 7         e.  All Incumbent Worker Training Program grant

 8  projects shall be performance-based with specific measurable

 9  performance outcomes, including completion of the training

10  project and job retention. Workforce Florida, Inc., or the

11  grant administrator shall withhold the final payment to the

12  grantee until a final grant report is submitted and all

13  performance criteria specified in the grant contract have been

14  achieved.

15         f.  Workforce Florida, Inc., may establish guidelines

16  necessary to implement the Incumbent Worker Training Program.

17         g.  No more than 10 percent of the Incumbent Worker

18  Training Program's total appropriation may be used for

19  overhead or indirect purposes.

20         h.  Workforce Florida, Inc., shall submit a report to

21  the Legislature on the financial and general operations of the

22  Incumbent Worker Training Program. Such report will be due

23  before October 1 of any fiscal year for which the program is

24  funded by the Legislature.

25         4.  At least 50 percent of Rapid Response funding shall

26  be dedicated to Intensive Services Accounts and Individual

27  Training Accounts for dislocated workers and incumbent workers

28  who are at risk of dislocation. Workforce Florida, Inc., shall

29  also maintain an Emergency Preparedness Fund from Rapid

30  Response funds which will immediately issue Intensive Service

31  Accounts and Individual Training Accounts as well as other


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 1  federally authorized assistance to eligible victims of natural

 2  or other disasters. At the direction of the Governor, for

 3  events that qualify under federal law, these Rapid Response

 4  funds shall be released to regional workforce boards for

 5  immediate use. Funding shall also be dedicated to maintain a

 6  unit at the state level to respond to Rapid Response

 7  emergencies around the state, to work with state emergency

 8  management officials, and to work with regional workforce

 9  boards. All Rapid Response funds must be expended based on a

10  plan developed by Workforce Florida, Inc., and approved by the

11  Governor.

12         (b)  The administrative entity for Title I, Workforce

13  Investment Act of 1998 funds, and Rapid Response activities,

14  shall be the Agency for Workforce Innovation, which shall

15  provide direction to regional workforce boards regarding Title

16  I programs and Rapid Response activities pursuant to the

17  direction of Workforce Florida, Inc.

18         (4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED

19  MODIFICATIONS.--

20         (a)  Workforce Florida, Inc., may provide

21  indemnification from audit liabilities to regional workforce

22  boards that act in full compliance with state law and the

23  board's policies.

24         (b)  Workforce Florida, Inc., may negotiate and settle

25  all outstanding issues with the United States Department of

26  Labor relating to decisions made by Workforce Florida, Inc.,

27  any predecessor workforce organization, and the Legislature

28  with regard to the Job Training Partnership Act, making

29  settlements and closing out all JTPA program year grants.

30         (c)  Workforce Florida, Inc., may make modifications to

31  the state's plan, policies, and procedures to comply with


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 1  federally mandated requirements that in its judgment must be

 2  complied with to maintain funding provided pursuant to Pub. L.

 3  No. 105-220. The board shall notify in writing the Governor,

 4  the President of the Senate, and the Speaker of the House of

 5  Representatives within 30 days after any such changes or

 6  modifications.

 7         (5)  The Department of Labor and Employment Security

 8  shall phase-down JTPA duties before the federal program is

 9  abolished July 1, 2000. Outstanding accounts and issues shall

10  be completed prior to transfer to the Agency for Workforce

11  Innovation.

12         (5)(6)  LONG-TERM CONSOLIDATION OF WORKFORCE

13  DEVELOPMENT.--

14         (a)  Workforce Florida, Inc., may recommend

15  workforce-related divisions, bureaus, units, programs, duties,

16  commissions, boards, and councils that can be eliminated,

17  consolidated, or privatized.

18         (b)  The Office of Program Policy Analysis and

19  Government Accountability shall review the workforce

20  development system, as established by this act. The office

21  shall submit its final report and recommendations by December

22  31, 2002, to the President of the Senate and the Speaker of

23  the House of Representatives.

24         Section 3.  Section 445.004, Florida Statutes, is

25  amended to read:

26         445.004  Workforce Florida, Inc.; creation; purpose;

27  membership; duties and powers.--

28         (1)  There is created a not-for-profit corporation, to

29  be known as "Workforce Florida, Inc.," which shall be

30  registered, incorporated, organized, and operated in

31  compliance with chapter 617, and which shall not be a unit or


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 1  entity of state government and shall be exempt from chapters

 2  120 and 287. Workforce Florida, Inc., shall apply the

 3  procurement and expenditure procedures required by federal law

 4  for the expenditure of federal funds. Workforce Florida, Inc.,

 5  shall be administratively housed within the Agency for

 6  Workforce Innovation; however, Workforce Florida, Inc., shall

 7  not be subject to control, supervision, or direction by the

 8  Agency for Workforce Innovation in any manner. The Legislature

 9  determines, however, that public policy dictates that

10  Workforce Florida, Inc., operate in the most open and

11  accessible manner consistent with its public purpose. To this

12  end, the Legislature specifically declares that Workforce

13  Florida, Inc., its board, councils, and any advisory

14  committees or similar groups created by Workforce Florida,

15  Inc., are subject to the provisions of chapter 119 relating to

16  public records, and those provisions of chapter 286 relating

17  to public meetings.

18         (2)  Workforce Florida, Inc., is the principal

19  workforce policy organization for the state. The purpose of

20  Workforce Florida, Inc., is to design and implement strategies

21  that help Floridians enter, remain in, and advance in the

22  workplace, becoming more highly skilled and successful,

23  benefiting these Floridians, Florida businesses, and the

24  entire state, and to assist in developing the state's business

25  climate.

26         (3)(a)  Workforce Florida, Inc., shall be governed by a

27  board of directors, the number of directors to be determined

28  by the Governor, whose membership and appointment must be

29  consistent with Pub. L. No. 105-220, Title I, s. 111(b), and

30  contain one member representing the licensed nonpublic

31  postsecondary educational institutions authorized as


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 1  individual training account providers, one member from the

 2  staffing service industry, at least one member who is a

 3  current or former recipient of welfare transition services as

 4  defined in s. 445.002(3) or workforce services as provided in

 5  s. 445.009(1), and five representatives of organized labor who

 6  shall be appointed by the Governor. Members described in Pub.

 7  L. No. 105-220, Title I, s. 111(b)(1)(C)(vi) shall be

 8  nonvoting members. Notwithstanding s. 114.05(1)(f), the

 9  Governor may appoint remaining members to Workforce Florida,

10  Inc., from the current Workforce Development Board and the

11  WAGES Program State Board of Directors, established pursuant

12  to chapter 96-175, Laws of Florida, to serve on the

13  reconstituted board. By July 1, 2000, the Workforce

14  Development Board will provide to the Governor a transition

15  plan to incorporate the changes required by this act and Pub.

16  L. No. 105-220, specifying the manner of changes to the board.

17  This plan shall govern the transition, unless otherwise

18  notified by the Governor. The importance of minority, gender,

19  and geographic representation shall be considered when making

20  appointments to the board.

21         (b)  The board of directors of Workforce Florida, Inc.,

22  shall be chaired by a board member designated by the Governor

23  pursuant to Pub. L. No. 105-220 and shall serve no more than

24  two terms.

25         (c)  Members appointed by the Governor may serve no

26  more than two terms and must be appointed for 3-year 2-year

27  terms. However, in order to establish staggered terms for

28  board members, the Governor shall appoint or reappoint

29  one-third of the board members for 1-year terms, one-third of

30  the board members for 2-year terms, and one-third of the board

31  members for 3-year terms beginning July 1, 2005. Following


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 1  that date, the Governor shall appoint or reappoint board

 2  members for 3-year terms exclusively, except that, when a

 3  board member is replaced before the end of a 3-year term, the

 4  replacement shall be appointed to serve only the remainder of

 5  that term, after which the replacement may be appointed for a

 6  full 3-year term. Private sector representatives of

 7  businesses, appointed by the Governor pursuant to Pub. L. No.

 8  105-220, shall constitute a majority of the membership of the

 9  board. Private sector representatives shall be appointed from

10  nominations received by the Governor, including, but not

11  limited to, those nominations made by the President of the

12  Senate and the Speaker of the House of Representatives from

13  any member of the Legislature. A member of the Legislature may

14  submit more than one board nomination to the Governor through

15  his or her respective presiding officer. Private sector

16  appointments to the board shall be representative of the

17  business community of this state;, and no fewer less than

18  one-half of the appointments to the board must be

19  representative of small businesses and at least five members

20  must have economic development experience. Members appointed

21  by the Governor serve at the pleasure of the Governor and are

22  eligible for reappointment.

23         (d)  The Governor shall appoint members to the board of

24  directors of Workforce Florida, Inc., within 30 days after the

25  receipt of a sufficient number of nominations.

26         (d)(e)  A member of the board of directors of Workforce

27  Florida, Inc., may be removed by the Governor for cause.

28  Absence from three consecutive meetings results in automatic

29  removal. The chair of Workforce Florida, Inc., shall notify

30  the Governor of such absences.

31  


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 1         (e)(f)  Representatives of businesses appointed to the

 2  board of directors may not include providers of workforce

 3  services.

 4         (4)(a)  The president of Workforce Florida, Inc., shall

 5  be hired by the board of directors of Workforce Florida, Inc.,

 6  and shall serve at the pleasure of the Governor in the

 7  capacity of an executive director and secretary of Workforce

 8  Florida, Inc.

 9         (b)  The board of directors of Workforce Florida, Inc.,

10  shall meet at least quarterly and at other times upon call of

11  its chair. The board and its committees, subcommittees, or

12  other subdivisions may use any method of telecommunications to

13  conduct meetings, including establishing a quorum through

14  telecommunications, provided that the public is given proper

15  notice of the telecommunications meeting and is given

16  reasonable access to observe and, when appropriate,

17  participate.

18         (c)  A majority of the total current membership of the

19  board of directors of Workforce Florida, Inc., comprises a

20  quorum of the board.

21         (d)  A majority of those voting is required to organize

22  and conduct the business of the board, except that a majority

23  of the entire board of directors is required to adopt or amend

24  the bylaws operational plan.

25         (e)  Except as delegated or authorized by the board of

26  directors of Workforce Florida, Inc., individual members have

27  no authority to control or direct the operations of Workforce

28  Florida, Inc., or the actions of its officers and employees,

29  including the president.

30         (f)  Members of the board of directors of Workforce

31  Florida, Inc., and its committees shall serve without


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 1  compensation, but these members, the president, and all

 2  employees of Workforce Florida, Inc., may be reimbursed for

 3  all reasonable, necessary, and actual expenses pursuant to s.

 4  112.061.

 5         (g)  The board of directors of Workforce Florida, Inc.,

 6  may establish an executive committee consisting of the chair

 7  and at least six additional board members selected by the

 8  chair board of directors, one of whom must be a representative

 9  of organized labor. The executive committee and the president

10  shall have such authority as the board delegates to it, except

11  that the board of directors may not delegate to the executive

12  committee authority to take action that requires approval by a

13  majority of the entire board of directors.

14         (h)  The chair may appoint committees to fulfill its

15  responsibilities, to comply with federal requirements, or to

16  obtain technical assistance, and must incorporate members of

17  regional workforce development boards into its structure. At a

18  minimum, the chair shall establish the following standing

19  councils: the First Jobs/First Wages Council, the Better

20  Jobs/Better Wages Council, and the High Skills/High Wages

21  Council. For purposes of Pub. L. No. 105-220, the First

22  Jobs/First Wages Council shall serve as the state's youth

23  council.

24         (i)  Each member of the board of directors who is not

25  otherwise required to file a financial disclosure pursuant to

26  s. 8, Art. II of the State Constitution or s. 112.3144 must

27  file disclosure of financial interests pursuant to s.

28  112.3145.

29         (5)  Workforce Florida, Inc., shall have all the powers

30  and authority, not explicitly prohibited by statute, necessary

31  or convenient to carry out and effectuate the purposes as


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 1  determined by statute, Pub. L. No. 105-220, and the Governor,

 2  as well as its functions, duties, and responsibilities,

 3  including, but not limited to, the following:

 4         (a)  Serving as the state's Workforce Investment Board

 5  pursuant to Pub. L. No. 105-220. Unless otherwise required by

 6  federal law, at least 90 percent of the workforce development

 7  funding must go into direct customer service costs.

 8         (b)  Providing oversight and policy direction to ensure

 9  that the following programs are administered by the Agency for

10  Workforce Innovation in compliance with approved plans and

11  under contract with Workforce Florida, Inc.:

12         1.  Programs authorized under Title I of the Workforce

13  Investment Act of 1998, Pub. L. No. 105-220, with the

14  exception of programs funded directly by the United States

15  Department of Labor under Title I, s. 167.

16         2.  Programs authorized under the Wagner-Peyser Act of

17  1933, as amended, 29 U.S.C. ss. 49 et seq.

18         3.  Welfare-to-work grants administered by the United

19  States Department of Labor under Title IV, s. 403, of the

20  Social Security Act, as amended.

21         3.4.  Activities authorized under Title II of the Trade

22  Act of 2002 1974, as amended, 19 2 U.S.C. ss. 2272 2271 et

23  seq., and the Trade Adjustment Assistance Program.

24         4.5.  Activities authorized under 38 U.S.C., chapter

25  41, including job counseling, training, and placement for

26  veterans.

27         6.  Employment and training activities carried out

28  under the Community Services Block Grant Act, 42 U.S.C. ss.

29  9901 et seq.

30  

31  


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 1         5.7.  Employment and training activities carried out

 2  under funds awarded to this state by the United States

 3  Department of Housing and Urban Development.

 4         6.8.  Welfare transition services funded by the

 5  Temporary Assistance for Needy Families Program, created under

 6  the Personal Responsibility and Work Opportunity

 7  Reconciliation Act of 1996, as amended, Pub. L. No. 104-193,

 8  and Title IV, s. 403, of the Social Security Act, as amended.

 9         7.9.  Displaced homemaker programs, provided under s.

10  446.50.

11         8.10.  The Florida Bonding Program, provided under Pub.

12  L. No. 97-300, s. 164(a)(1).

13         9.11.  The Food Stamp Employment and Training Program,

14  provided under the Food Stamp Act of 1977, 7 U.S.C. ss.

15  2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;

16  and the Hunger Prevention Act, Pub. L. No. 100-435.

17         10.12.  The Quick-Response Training Program, provided

18  under ss. 288.046-288.047.  Matching funds and in-kind

19  contributions that are provided by clients of the

20  Quick-Response Training Program shall count toward the

21  requirements of s. 288.90151(5)(d), pertaining to the return

22  on investment from activities of Enterprise Florida, Inc.

23         11.13.  The Work Opportunity Tax Credit, provided under

24  the Tax and Trade Relief Extension Act of 1998, Pub. L. No.

25  105-277, and the Taxpayer Relief Act of 1997, Pub. L. No.

26  105-34.

27         12.14.  Offender placement services, provided under ss.

28  944.707-944.708.

29         15.  Programs authorized under the National and

30  Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,

31  and the Service-America programs, the National Service Trust


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 1  programs, the Civilian Community Corps, the Corporation for

 2  National and Community Service, the American Conservation and

 3  Youth Service Corps, and the Points of Light Foundation

 4  programs, if such programs are awarded to the state.

 5         (c)  The agency may adopt rules necessary to administer

 6  the provisions of this chapter which relate to implementing

 7  and administering the programs listed in paragraph (b) as well

 8  as rules related to eligible training providers and auditing

 9  and monitoring subrecipients of the workforce system grant

10  funds.

11         (d)(c)  Contracting with public and private entities as

12  necessary to further the directives of this section. All

13  contracts executed by Workforce Florida, Inc., must include

14  specific performance expectations and deliverables. All

15  Workforce Florida, Inc., contracts, including those solicited,

16  managed, or paid by the Agency for Workforce Innovation

17  pursuant to s. 20.50(2) are exempt from s. 112.061, but shall

18  be governed by s. 445.004(1).

19         (e)(d)  Notifying the Governor, the President of the

20  Senate, and the Speaker of the House of Representatives of

21  noncompliance by the Agency for Workforce Innovation or other

22  agencies or obstruction of the board's efforts by such

23  agencies. Upon such notification, the Executive Office of the

24  Governor shall assist agencies to bring them into compliance

25  with board objectives.

26         (f)(e)  Ensuring that the state does not waste valuable

27  training resources. Thus, the board shall direct that all

28  resources, including equipment purchased for training

29  Workforce Investment Act clients, be available for use at all

30  times by eligible populations as first priority users. At

31  times when eligible populations are not available, such


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 1  resources shall be used for any other state authorized

 2  education and training purpose. Workforce Florida, Inc., may

 3  authorize expenditures to award suitable framed certificates,

 4  pins, or other tokens of recognition for performance by a

 5  regional workforce board, its committees and subdivisions, and

 6  other units of the workforce system. Workforce Florida, Inc.,

 7  may also authorize expenditures for promotional items, such as

 8  t-shirts, hats, or pens printed with messages promoting the

 9  state's workforce system to employers, job seekers, and

10  program participants. However, such expenditures are subject

11  to federal regulations applicable to the expenditure of

12  federal funds.

13         (g)  Establish a dispute-resolution process for all

14  memoranda of understanding or other contracts or agreements

15  entered into between the agency and regional workforce boards.

16         (h)(f)  Archiving records with the Bureau of Archives

17  and Records Management of the Division of Library and

18  Information Services of the Department of State.

19         (6)  Workforce Florida, Inc., may take action that it

20  deems necessary to achieve the purposes of this section,

21  including, but not limited to:

22         (a)  Creating a state employment, education, and

23  training policy that ensures that programs to prepare workers

24  are responsive to present and future business and industry

25  needs and complement the initiatives of Enterprise Florida,

26  Inc.

27         (b)  Establishing policy direction for a funding system

28  that provides incentives to improve the outcomes of career

29  education programs, and of registered apprenticeship and

30  work-based learning programs, and that focuses resources on

31  


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 1  occupations related to new or emerging industries that add

 2  greatly to the value of the state's economy.

 3         (c)  Establishing a comprehensive policy related to the

 4  education and training of target populations such as those who

 5  have disabilities, are economically disadvantaged, receive

 6  public assistance, are not proficient in English, or are

 7  dislocated workers. This approach should ensure the effective

 8  use of federal, state, local, and private resources in

 9  reducing the need for public assistance.

10         (d)  Designating Institutes of Applied Technology

11  composed of public and private postsecondary institutions

12  working together with business and industry to ensure that

13  career education programs use the most advanced technology and

14  instructional methods available and respond to the changing

15  needs of business and industry.

16         (e)  Providing policy direction for a system to project

17  and evaluate labor market supply and demand using the results

18  of the Workforce Estimating Conference created in s. 216.136

19  and the career education performance standards identified

20  under s. 1008.43.

21         (f)  Reviewing the performance of public programs that

22  are responsible for economic development, education,

23  employment, and training. The review must include an analysis

24  of the return on investment of these programs.

25         (g)  Expanding the occupations identified by the

26  Workforce Estimating Conference to meet needs created by local

27  emergencies or plant closings or to capture occupations within

28  emerging industries.

29         (7)  By December 1 of each year, Workforce Florida,

30  Inc., shall submit to the Governor, the President of the

31  Senate, the Speaker of the House of Representatives, the


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 1  Senate Minority Leader, and the House Minority Leader a

 2  complete and detailed annual report setting forth:

 3         (a)  All audits, including the audit in subsection (8),

 4  if conducted.

 5         (b)  The operations and accomplishments of the board,

 6  partnership including the programs or entities listed in

 7  subsection (6).

 8         (8)  The Auditor General may, pursuant to his or her

 9  own authority or at the direction of the Legislative Auditing

10  Committee, conduct an audit of Workforce Florida, Inc., or the

11  programs or entities created by Workforce Florida, Inc. The

12  Office of Program Policy Analysis and Government

13  Accountability, pursuant to its authority or at the direction

14  of the Legislative Auditing Committee, may review the systems

15  and controls related to performance outcomes and quality of

16  services of Workforce Florida, Inc.

17         (9)  Workforce Florida, Inc., in collaboration with the

18  regional workforce boards and appropriate state agencies and

19  local public and private service providers, and in

20  consultation with the Office of Program Policy Analysis and

21  Government Accountability, shall establish uniform measures

22  and standards to gauge the performance of the workforce

23  development strategy. These measures and standards must be

24  organized into three outcome tiers.

25         (a)  The first tier of measures must be organized to

26  provide benchmarks for systemwide outcomes. Workforce Florida,

27  Inc., must, in collaboration with the Office of Program Policy

28  Analysis and Government Accountability, establish goals for

29  the tier-one outcomes. Systemwide outcomes may include

30  employment in occupations demonstrating continued growth in

31  wages; continued employment after 3, 6, 12, and 24 months;


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 1  reduction in and elimination of public assistance reliance;

 2  job placement; employer satisfaction; and positive return on

 3  investment of public resources.

 4         (b)  The second tier of measures must be organized to

 5  provide a set of benchmark outcomes for the initiatives of the

 6  First Jobs/First Wages Council, the Better Jobs/Better Wages

 7  Council, and the High Skills/High Wages Council and for each

 8  of the strategic components of the workforce development

 9  strategy. Cost per entered employment, earnings at placement,

10  retention in employment, job placement, and entered employment

11  rate must be included among the performance outcome measures.

12         (c)  The third tier of measures must be the operational

13  output measures to be used by the agency implementing

14  programs, and it may be specific to federal requirements. The

15  tier-three measures must be developed by the agencies

16  implementing programs, and Workforce Florida, Inc., may be

17  consulted in this effort. Such measures must be reported to

18  Workforce Florida, Inc., by the appropriate implementing

19  agency.

20         (d)  Regional differences must be reflected in the

21  establishment of performance goals and may include job

22  availability, unemployment rates, average worker wage, and

23  available employable population.

24         (e)  Job placement must be reported pursuant to s.

25  1008.39. Positive outcomes for providers of education and

26  training must be consistent with ss. 1008.42 and 1008.43.

27         (f)  The uniform measures of success that are adopted

28  by Workforce Florida, Inc., or the regional workforce boards

29  must be developed in a manner that provides for an equitable

30  comparison of the relative success or failure of any service

31  provider in terms of positive outcomes.


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 1         (g)  By December 1 of each year, Workforce Florida,

 2  Inc., shall provide the Legislature with a report detailing

 3  the performance of Florida's workforce development system, as

 4  reflected in the three-tier measurement system. Additionally,

 5  this report must benchmark Florida outcomes, at all tiers,

 6  against other states that collect data similarly.

 7         (10)  The workforce development strategy for the state

 8  shall be designed by Workforce Florida, Inc., and shall be

 9  centered around the strategies of First Jobs/First Wages,

10  Better Jobs/Better Wages, and High Skills/High Wages.

11         (a)  First Jobs/First Wages is the state's strategy to

12  promote successful entry into the workforce through education

13  and workplace experience that lead to self-sufficiency and

14  career advancement. The components of the strategy must

15  include efforts that enlist business, education, and community

16  support for students to achieve long-term career goals,

17  ensuring that young people have the academic and occupational

18  skills required to succeed in the workplace. The strategy must

19  also assist employers in upgrading or updating the skills of

20  their employees and assisting workers to acquire the education

21  or training needed to secure a better job with better wages.

22  The strategy must assist the state's efforts to attract and

23  expand job-creating businesses offering high-paying,

24  high-demand occupations. A minimum of 15 percent of all

25  Workforce Investment Act youth services funds shall be

26  expended for after-school care programs, through contracts

27  with qualified community-based organizations and faith-based

28  organizations, on an equal basis with other private

29  organizations, to provide after-school care programs to

30  eligible children 14 through 18 years of age. These programs

31  shall include academic tutoring, mentoring, and other


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 1  appropriate services. Similar services may be provided for

 2  eligible children 6 through 13 years of age using Temporary

 3  Assistance for Needy Families funds. Funds expended under this

 4  paragraph may not be used for religious or sectarian purposes.

 5  To provide after-school care programs under this paragraph, a

 6  community-based organization or a faith-based organization

 7  must be a nonprofit organization that holds a current

 8  exemption from federal taxation under s. 501(c)(3) or (4) of

 9  the Internal Revenue Code or must be a religious organization

10  that is not required to apply for recognition of its exemption

11  from federal taxation under s. 501(c)(3) of the Internal

12  Revenue Code.

13         (b)  Better Jobs/Better Wages is the state's strategy

14  for assisting employers in upgrading or updating the skills of

15  their employees and for assisting incumbent workers in

16  improving their performance in their current jobs or acquiring

17  the education or training needed to secure a better job with

18  better wages.

19         (c)  High Skills/High Wages is the state's strategy for

20  aligning education and training programs with high-paying,

21  high-demand occupations that advance individuals' careers,

22  build a more skilled workforce, and enhance Florida's efforts

23  to attract and expand job-creating businesses.

24         (11)  The workforce development system shall use a

25  charter-process approach aimed at encouraging local design and

26  control of service delivery and targeted activities. Workforce

27  Florida, Inc., shall be responsible for granting charters to

28  regional workforce boards that have a membership consistent

29  with the requirements of federal and state law and that have

30  developed a plan consistent with the state's workforce

31  development strategy. The plan must specify methods for


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 1  allocating the resources and programs in a manner that

 2  eliminates unwarranted duplication, minimizes administrative

 3  costs, meets the existing job market demands and the job

 4  market demands resulting from successful economic development

 5  activities, ensures access to quality workforce development

 6  services for all Floridians, allows for pro rata or partial

 7  distribution of benefits and services, prohibits the creation

 8  of a waiting list or other indication of an unserved

 9  population, serves as many individuals as possible within

10  available resources, and maximizes successful outcomes. As

11  part of the charter process, Workforce Florida, Inc., shall

12  establish incentives for effective coordination of federal and

13  state programs, outline rewards for successful job placements,

14  and institute collaborative approaches among local service

15  providers. Local decisionmaking and control shall be important

16  components for inclusion in this charter application.

17         Section 4.  Section 445.006, Florida Statutes, is

18  amended to read:

19         445.006  Strategic and operational plans plan for

20  workforce development.--

21         (1)  Workforce Florida, Inc., in conjunction with state

22  and local partners in the workforce system, shall develop a

23  strategic plan for workforce, with the goal of producing

24  skilled employees for employers in the state. The strategic

25  plan shall be submitted to the Governor, the President of the

26  Senate, and the Speaker of the House of Representatives by

27  February 1, 2001. The strategic plan shall be updated or

28  modified by January 1 of each year thereafter. The plan must

29  include, but need not be limited to, strategies for:

30         (a)  Fulfilling the workforce system goals and

31  strategies prescribed in s. 445.004;


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 1         (b)  Aggregating, integrating, and leveraging workforce

 2  system resources;

 3         (c)  Coordinating the activities of federal, state, and

 4  local workforce system partners;

 5         (d)  Addressing the workforce needs of small

 6  businesses; and

 7         (e)  Fostering the participation of rural communities

 8  and distressed urban cores in the workforce system.

 9         (2)  Workforce Florida, Inc., shall establish an

10  operational plan to implement the state strategic plan. The

11  operational plan shall be submitted to the Governor and the

12  Legislature along with the strategic plan and must reflect the

13  allocation of resources as appropriated by the Legislature to

14  specific responsibilities enumerated in law. As a component of

15  the operational strategic plan required under this section,

16  Workforce Florida, Inc., shall develop a workforce marketing

17  plan, with the goal of educating individuals inside and

18  outside the state about the employment market and employment

19  conditions in the state. The marketing plan must include, but

20  need not be limited to, strategies for:

21         (a)  Distributing information to secondary and

22  postsecondary education institutions about the diversity of

23  businesses in the state, specific clusters of businesses or

24  business sectors in the state, and occupations by industry

25  which are in demand by employers in the state;

26         (b)  Distributing information about and promoting use

27  of the Internet-based job matching and labor market

28  information system authorized under s. 445.011; and

29         (c)  Coordinating with Enterprise Florida, Inc., to

30  ensure that workforce marketing efforts complement the

31  economic development marketing efforts of the state.


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 1         (3)  The operational strategic plan must include

 2  performance measures, standards, measurement criteria, and

 3  contract guidelines in the following areas with respect to

 4  participants in the welfare transition program:

 5         (a)  Work participation rates, by type of activity;

 6         (b)  Caseload trends;

 7         (c)  Recidivism;

 8         (d)  Participation in diversion and relocation

 9  assistance programs;

10         (e)  Employment retention;

11         (f)  Wage growth; and

12         (g)  Other issues identified by the board of directors

13  of Workforce Florida, Inc.

14         (4)  The strategic plan must include criteria for

15  allocating workforce resources to regional workforce boards.

16  With respect to allocating funds to serve customers of the

17  welfare transition program, such criteria may include

18  weighting factors that indicate the relative degree of

19  difficulty associated with securing and retaining employment

20  placements for specific subsets of the welfare transition

21  caseload.

22         (5)(a)  The operational strategic plan may must include

23  a performance-based payment structure to be used for all

24  welfare transition program customers which takes into account:

25         1.  The degree of difficulty associated with placement

26  and retention;

27         2.  The quality of the placement with respect to

28  salary, benefits, and opportunities for advancement; and

29         3.  The employee's retention in the placement.

30         (b)  The payment structure may must provide for bonus

31  payments of up to 10 percent of the contract amount to


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 1  providers that achieve notable success in achieving contract

 2  objectives, including, but not limited to, success in

 3  diverting families in which there is an adult who is subject

 4  to work requirements from receiving cash assistance and in

 5  achieving long-term job retention and wage growth with respect

 6  to welfare transition program customers. A service provider

 7  shall be paid a maximum of one payment per service for each

 8  participant during any given 6-month period.

 9         (6)(a)  The operational strategic plan must include

10  strategies that are designed to prevent or reduce the need for

11  a person to receive public assistance.  These strategies must

12  include:

13         1.  A teen pregnancy prevention component that

14  includes, but is not limited to, a plan for implementing the

15  Florida Education Now and Babies Later (ENABL) program under

16  s. 411.242 and the Teen Pregnancy Prevention Community

17  Initiative within each county of the services area in which

18  the teen birth rate is higher than the state average;

19         2.  A component that encourages creation of

20  community-based welfare prevention and reduction initiatives

21  that increase support provided by noncustodial parents to

22  their welfare-dependent children and are consistent with

23  program and financial guidelines developed by Workforce

24  Florida, Inc., and the Commission on Responsible Fatherhood.

25  These initiatives may include, but are not limited to,

26  improved paternity establishment, work activities for

27  noncustodial parents, programs aimed at decreasing

28  out-of-wedlock pregnancies, encouraging involvement of fathers

29  with their children including court-ordered supervised

30  visitation, and increasing child support payments;

31  


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 1         3.  A component that encourages formation and

 2  maintenance of two-parent families through, among other

 3  things, court-ordered supervised visitation;

 4         4.  A component that fosters responsible fatherhood in

 5  families receiving assistance; and

 6         5.  A component that fosters provision of services that

 7  reduce the incidence and effects of domestic violence on women

 8  and children in families receiving assistance.

 9         (b)  Specifications for welfare transition program

10  services that are to be delivered include, but are not limited

11  to:

12         1.  Initial assessment services prior to an individual

13  being placed in an employment service, to determine whether

14  the individual should be referred for relocation, up-front

15  diversion, education, or employment placement. Assessment

16  services shall be paid on a fixed unit rate and may not

17  provide educational or employment placement services.

18         2.  Referral of participants to diversion and

19  relocation programs.

20         3.  Preplacement services, including assessment,

21  staffing, career plan development, work orientation, and

22  employability skills enhancement.

23         4.  Services necessary to secure employment for a

24  welfare transition program participant.

25         5.  Services necessary to assist participants in

26  retaining employment, including, but not limited to, remedial

27  education, language skills, and personal and family

28  counseling.

29         6.  Desired quality of job placements with regard to

30  salary, benefits, and opportunities for advancement.

31         7.  Expectations regarding job retention.


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 1         8.  Strategies to ensure that transition services are

 2  provided to participants for the mandated period of

 3  eligibility.

 4         9.  Services that must be provided to the participant

 5  throughout an education or training program, such as

 6  monitoring attendance and progress in the program.

 7         10.  Services that must be delivered to welfare

 8  transition program participants who have a deferral from work

 9  requirements but wish to participate in activities that meet

10  federal participation requirements.

11         11.  Expectations regarding continued participant

12  awareness of available services and benefits.

13         Section 5.  Subsections (1), (2), (6), (7), (8), (9),

14  (10), (11), and (12) of section 445.007, Florida Statutes, are

15  amended to read:

16         445.007  Regional workforce boards; exemption from

17  public meetings law.--

18         (1)  One regional workforce board shall be appointed in

19  each designated service delivery area and shall serve as the

20  local workforce investment board pursuant to Pub. L. No.

21  105-220. The membership of the board shall be consistent with

22  Pub. L. No. 105-220, Title I, s. 117(b), and contain one

23  representative from a nonpublic postsecondary educational

24  institution that is an authorized individual training account

25  provider within the region and confers certificates and

26  diplomas, one representative from a nonpublic postsecondary

27  educational institution that is an authorized individual

28  training account provider within the region and confers

29  degrees, and three representatives of organized labor. The

30  board shall include one nonvoting representative from a

31  military installation if a military installation is located


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 1  within the region and the appropriate military command or

 2  organization authorizes such representation. Individuals

 3  serving as members of regional workforce development boards or

 4  local WAGES coalitions, as of June 30, 2000, are eligible for

 5  appointment to regional workforce boards, pursuant to this

 6  section. It is the intent of the Legislature that, whenever

 7  possible and to the greatest extent practicable, membership of

 8  a regional workforce board include persons who are current or

 9  former recipients of welfare transition assistance as defined

10  in s. 445.002(3) or workforce services as provided in s.

11  445.009(1), or that such persons be included as ex officio

12  members of the board or of committees organized by the board.

13  The importance of minority and gender representation shall be

14  considered when making appointments to the board. The board,

15  its committees, subcommittees, and subdivisions, and other

16  units of the workforce system, including units that may

17  consist in whole or in part of local governmental units, may

18  use any method of telecommunications to conduct meetings,

19  including establishing a quorum through telecommunications,

20  provided that the public is given proper notice of the

21  telecommunications meeting and reasonable access to observe

22  and, when appropriate, participate. Regional workforce boards

23  are subject to chapters 119 and 286 and s. 24, Art. I of the

24  State Constitution. If the regional workforce board enters

25  into a contract with an organization or individual represented

26  on the board of directors, the contract must be approved by a

27  two-thirds vote of the entire board, and the board member who

28  could benefit financially from the transaction must abstain

29  from voting on the contract. A board member must disclose any

30  such conflict in a manner that is consistent with the

31  procedures outlined in s. 112.3143.


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 1         (2)  The regional workforce board shall elect a chair

 2  from among the representatives described in Pub. L. No.

 3  105-220, Title I, s. 117(b)(2)(A)(i) to serve for a term of no

 4  more than 2 years and shall serve no more than two terms.

 5  Workforce Florida, Inc., will determine the timeframe and

 6  manner of changes to the regional workforce boards as required

 7  by this chapter and Pub. L. No. 105-220.

 8         (6)  Regional workforce boards shall adopt a committee

 9  structure consistent with applicable federal law and state

10  policies established by Workforce Florida, Inc. may appoint

11  local committees to obtain technical assistance on issues of

12  importance, including those issues affecting older workers.

13         (7)  Each regional workforce board shall establish by

14  October 1, 2000, a High Skills/High Wages committee consisting

15  of at least five private-sector business representatives

16  appointed in consultation with local chambers of commerce by

17  the primary county economic development organization within

18  the region, as identified by Enterprise Florida, Inc.; a

19  representative of each primary county economic development

20  organization within the region; the regional workforce board

21  chair; the presidents of all community colleges within the

22  board's region; those district school superintendents with

23  authority for conducting postsecondary educational programs

24  within the region; and two representatives from nonpublic

25  postsecondary educational institutions that are authorized

26  individual training account providers within the region,

27  appointed by the chair of the regional workforce board. If

28  possible, one of the nonpublic educational institutions

29  represented must be accredited by the Southern Association of

30  Colleges and Schools. The business representatives appointed

31  by the primary county economic development organizations need


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 1  not be members of the regional workforce board and shall

 2  represent those industries that are of primary importance to

 3  the region's current and future economy. In a multicounty

 4  region, each primary county economic development organization

 5  within the region shall appoint at least one business

 6  representative and shall consult with the other primary county

 7  economic development organizations within the region to make

 8  joint appointments when necessary.

 9         (a)  At least annually, each High Skills/High Wages

10  committee shall submit recommendations to Workforce Florida,

11  Inc., related to:

12         1.  Policies to enhance the responsiveness of High

13  Skills/High Wages programs in its region to business and

14  economic development opportunities.

15         2.  Integrated use of state education and federal

16  workforce development funds to enhance the training and

17  placement of designated population individuals with local

18  businesses and industries.

19         (b)  The committees shall also make reports to

20  Workforce Florida, Inc., annually, on dates specified by

21  Workforce Florida, Inc., that identify occupations in the

22  region deemed critical to business retention, expansion, and

23  recruitment activities, based on guidelines set by Workforce

24  Florida, Inc. Such guidelines shall include research of the

25  workforce needs of private employers in the region, in

26  consultation with local chambers of commerce and economic

27  development organizations. Occupations identified pursuant to

28  this paragraph shall be considered by Workforce Florida, Inc.,

29  for inclusion in the region's targeted occupation list.

30         (8)  Each regional workforce board shall establish a

31  Better Jobs/Better Wages committee consisting of at least five


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 1  members. Initial appointments to this committee shall include

 2  at least three members of the local WAGES coalition,

 3  established pursuant to chapter 96-175, Laws of Florida.

 4         (9)  Each regional workforce board shall establish a

 5  First Jobs/First Wages committee consisting of at least five

 6  members. This committee shall serve as the youth council for

 7  purposes of Pub. L. No. 105-220.

 8         (7)(10)  The importance of minority and gender

 9  representation shall be considered when appointments are made

10  to any committee established by the regional workforce board.

11         (8)(11)  For purposes of procurement, regional

12  workforce boards and their administrative entities are not

13  state agencies and are exempt from chapters 120 and 287. The

14  regional workforce boards shall apply the procurement and

15  expenditure procedures required by federal law for the

16  expenditure of federal funds., but the boards and their

17  administrative entities must comply with state procurement

18  laws and procedures until Workforce Florida, Inc., adopts the

19  provisions or alternative procurement procedures that meet the

20  requirements of federal law. Regional workforce boards, their

21  administrative entities, committees, and subcommittees, and

22  other workforce units may authorize expenditures to award

23  suitable framed certificates, pins, or other tokens of

24  recognition for performance by units of the workforce system.

25  Regional workforce boards; their administrative entities,

26  committees, and subcommittes; and other workforce units may

27  authorize expenditures for promotional items, such as

28  t-shirts, hats, or pens printed with messages promoting

29  Florida's workforce system to employers, job seekers, and

30  program participants. However, such expenditures are subject

31  to federal regulations applicable to the expenditure of


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 1  federal funds. All contracts executed by regional workforce

 2  boards must include specific performance expectations and

 3  deliverables.

 4         (9)(12)  Any meeting or portion of a meeting held by

 5  Workforce Florida, Inc., or a regional workforce board or

 6  local committee created under this section at which personal

 7  identifying information contained in records relating to

 8  temporary cash assistance, as defined in s. 414.0252, is

 9  discussed is exempt from s. 286.011 and s. 24(b), Art. I of

10  the State Constitution if the information identifies a

11  participant, a participant's family, or a participant's family

12  or household member, as defined in s. 414.0252. This

13  subsection is subject to the Open Government Sunset Review Act

14  of 1995 in accordance with s. 119.15, and shall stand repealed

15  on October 2, 2006, unless reviewed and saved from repeal

16  through reenactment by the Legislature.

17         Section 6.  Subsections (3) and (4) and paragraph (d)

18  of subsection (8) of section 445.009, Florida Statutes, are

19  amended to read:

20         445.009  One-stop delivery system.--

21         (3)  Notwithstanding any other provision of law, any

22  memorandum of understanding in effect on June 30, 2000,

23  between a regional workforce board and the Department of Labor

24  and Employment Security governing the delivery of workforce

25  services shall remain in effect until September 30, 2000.

26  Beginning October 1, 2000, regional workforce boards shall

27  enter into a memorandum of understanding with the Agency for

28  Workforce Innovation for the delivery of employment services

29  authorized by the federal Wagner-Peyser Act. This memorandum

30  of understanding must be performance based.

31  


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 1         (a)  Unless otherwise required by federal law, at least

 2  90 percent of the Wagner-Peyser funding must go into direct

 3  customer service costs.

 4         (b)  Employment services must be provided through the

 5  one-stop delivery system, under the guidance of one-stop

 6  delivery system operators. One-stop delivery system operators

 7  shall have overall authority for directing the staff of the

 8  workforce system. Personnel matters shall remain under the

 9  ultimate authority of the Agency for Workforce Innovation.

10  However, the one-stop delivery system operator shall submit to

11  the agency information concerning the job performance of

12  agency employees who deliver employment services. The agency

13  shall consider any such information submitted by the one-stop

14  delivery system operator in conducting performance appraisals

15  of the employees.

16         (c)  The agency shall retain fiscal responsibility and

17  accountability for the administration of funds allocated to

18  the state under the Wagner-Peyser Act. An agency employee who

19  is providing services authorized under the Wagner-Peyser Act

20  shall be paid using Wagner-Peyser Act funds.

21         (d)  The Office of Program Policy Analysis and

22  Government Accountability, in consultation with Workforce

23  Florida, Inc., shall review the delivery of employment

24  services under the Wagner-Peyser Act and the integration of

25  those services with other activities performed through the

26  one-stop delivery system and shall provide recommendations to

27  the Legislature for improving the effectiveness of the

28  delivery of employment services in this state. The Office of

29  Program Policy Analysis and Government Accountability shall

30  submit a report and recommendations to the Governor, the

31  


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 1  President of the Senate, and the Speaker of the House of

 2  Representatives by December 31, 2002.

 3         (4)  One-stop delivery system partners shall enter into

 4  a memorandum of understanding pursuant to Pub. L. No. 105-220,

 5  Title I, s. 121, with the regional workforce board. Failure of

 6  a local partner to participate cannot unilaterally block the

 7  majority of partners from moving forward with their one-stop

 8  delivery system, and Workforce Florida, Inc., pursuant to s.

 9  445.004(5)(e) s. 445.004(5)(d), may make notification of a

10  local partner that fails to participate.

11         (8)

12         (d)  To the maximum extent possible, training providers

13  shall use funding sources other than the funding provided

14  under Pub. L. No. 105-220. Workforce Florida, Inc., shall

15  develop a system to encourage the leveraging of appropriated

16  resources for the workforce system and shall report on such

17  efforts as part of the required annual report. A performance

18  outcome related to alternative financing obtained by the

19  training provider shall be established by Workforce Florida,

20  Inc., and used for performance evaluation purposes. The

21  performance evaluation must take into consideration the number

22  of alternative funding sources.

23         Section 7.  Section 445.019, Florida Statutes, is

24  amended to read:

25         445.019  Teen parent and pregnancy prevention diversion

26  program; eligibility for services.--The Legislature recognizes

27  that teen pregnancy is a major cause of dependency on

28  government assistance that often extends through more than one

29  generation. The purpose of the teen parent and pregnancy

30  prevention diversion program is to provide services to reduce

31  and avoid welfare dependency by reducing teen pregnancy,


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 1  reducing the incidence of multiple pregnancies to teens, and

 2  by assisting teens in completing educational or employment

 3  programs, or both.

 4         (1)  Notwithstanding any provision to the contrary in

 5  ss. 414.075, 414.085, and 414.095, a teen who is determined to

 6  be at risk of teen pregnancy or who already has a child shall

 7  be deemed eligible to receive services under this program.

 8         (2)  Services provided under this program shall be

 9  limited to services that are not considered assistance under

10  federal law or guidelines.

11         (3)  Receipt of services under this section does not

12  preclude eligibility for, or receipt of, other assistance or

13  services under chapter 414.

14         Section 8.  Section 445.020, Florida Statutes, is

15  amended to read:

16         445.020  Diversion programs; determination of need.--If

17  federal regulations require a determination of needy families

18  or needy parents to be based on financial criteria, such as

19  income or resources, for individuals or families who are

20  receiving services, one-time payments, or nonrecurring

21  short-term benefits, the TANF state plan shall clearly

22  indicate Department of Children and Family Services shall

23  adopt rules to define such criteria. In such rules, the

24  department shall use the income level established for

25  Temporary Assistance for Needy Families funds which are

26  transferred for use under Title XX of the Social Security Act.

27  If federal regulations do not require a financial

28  determination for receipt of such benefits, payments, or

29  services, the criteria otherwise established in this chapter

30  shall be used.

31  


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 1         Section 9.  Paragraph (d) of subsection (1) of section

 2  427.012, Florida Statutes, is amended to read:

 3         427.012  The Commission for the Transportation

 4  Disadvantaged.--There is created the Commission for the

 5  Transportation Disadvantaged in the Department of

 6  Transportation.

 7         (1)  The commission shall consist of the following

 8  members:

 9         (d)  The director of the Agency for Workforce

10  Innovation or the director's secretary of the Department of

11  Labor and Employment Security or the secretary's designee.

12         Section 10.  Sections 445.005, 445.012, 445.0121,

13  445.0122, 445.0123, 445.0124, 445.0125, 445.013, 446.21,

14  446.22, 446.23, 446.24, 446.25, 446.26, and 446.27, Florida

15  Statutes, are repealed.

16         Section 11.  This act shall take effect July 1, 2005.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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