Florida Senate - 2015 SB 7002
By the Committee on Commerce and Tourism
577-00545-15 20157002__
1 A bill to be entitled
2 An act relating to renaming Workforce Florida, Inc.;
3 renaming Workforce Florida, Inc., as CareerSource
4 Florida, Inc.; amending ss. 11.45, 20.60, 216.136,
5 218.077, 288.047, 288.0656, 288.1252, 288.901,
6 288.903, 295.22, 320.20, 331.3051, 331.369, 403.973,
7 409.1451, 413.405, 413.407, 414.045, 414.105, 414.106,
8 414.295, 414.55, 420.622, 443.091, 443.171, 443.181,
9 445.003, 445.004, 445.006, 445.007, 445.0071, 445.008,
10 445.009, 445.011, 445.014, 445.016, 445.021, 445.022,
11 445.024, 445.026, 445.028, 445.030, 445.033, 445.035,
12 445.038, 445.045, 445.048, 445.051, 445.055, 446.41,
13 446.50, 1003.491, 1003.492, 1003.493, 1003.51,
14 1003.52, 1004.015, 1011.80, and 1011.801, F.S.;
15 conforming provisions to changes made by the act;
16 making technical changes; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (q) of subsection (3) of section
21 11.45, Florida Statutes, is amended to read:
22 11.45 Definitions; duties; authorities; reports; rules.—
23 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
24 General may, pursuant to his or her own authority, or at the
25 direction of the Legislative Auditing Committee, conduct audits
26 or other engagements as determined appropriate by the Auditor
27 General of:
28 (q) CareerSource Florida, Inc. Workforce Florida, Inc., or
29 the programs or entities created by CareerSource Florida, Inc.
30 Workforce Florida, Inc., created pursuant to s. 445.004.
31 Section 2. Paragraphs (a) and (c) of subsection (5) and
32 subsections (6) and (11) of section 20.60, Florida Statutes, are
33 amended to read:
34 20.60 Department of Economic Opportunity; creation; powers
35 and duties.—
36 (5) The divisions within the department have specific
37 responsibilities to achieve the duties, responsibilities, and
38 goals of the department. Specifically:
39 (a) The Division of Strategic Business Development shall:
40 1. Analyze and evaluate business prospects identified by
41 the Governor, the executive director of the department, and
42 Enterprise Florida, Inc.
43 2. Administer certain tax refund, tax credit, and grant
44 programs created in law. Notwithstanding any other provision of
45 law, the department may expend interest earned from the
46 investment of program funds deposited in the Grants and
47 Donations Trust Fund to contract for the administration of those
48 programs, or portions of the programs, assigned to the
49 department by law, by the appropriations process, or by the
50 Governor. Such expenditures shall be subject to review under
51 chapter 216.
52 3. Develop measurement protocols for the state incentive
53 programs and for the contracted entities which will be used to
54 determine their performance and competitive value to the state.
55 Performance measures, benchmarks, and sanctions must be
56 developed in consultation with the legislative appropriations
57 committees and the appropriate substantive committees, and are
58 subject to the review and approval process provided in s.
59 216.177. The approved performance measures, standards, and
60 sanctions shall be included and made a part of the strategic
61 plan for contracts entered into for delivery of programs
62 authorized by this section.
63 4. Develop a 5-year statewide strategic plan. The strategic
64 plan must include, but need not be limited to:
65 a. Strategies for the promotion of business formation,
66 expansion, recruitment, and retention through aggressive
67 marketing, international development, and export assistance,
68 which lead to more and better jobs and higher wages for all
69 geographic regions, disadvantaged communities, and populations
70 of the state, including rural areas, minority businesses, and
71 urban core areas.
72 b. The development of realistic policies and programs to
73 further the economic diversity of the state, its regions, and
74 their associated industrial clusters.
75 c. Specific provisions for the stimulation of economic
76 development and job creation in rural areas and midsize cities
77 and counties of the state, including strategies for rural
78 marketing and the development of infrastructure in rural areas.
79 d. Provisions for the promotion of the successful long-term
80 economic development of the state with increased emphasis in
81 market research and information.
82 e. Plans for the generation of foreign investment in the
83 state which create jobs paying above-average wages and which
84 result in reverse investment in the state, including programs
85 that establish viable overseas markets, assist in meeting the
86 financing requirements of export-ready firms, broaden
87 opportunities for international joint venture relationships, use
88 the resources of academic and other institutions, coordinate
89 trade assistance and facilitation services, and facilitate
90 availability of and access to education and training programs
91 that assure requisite skills and competencies necessary to
92 compete successfully in the global marketplace.
93 f. The identification of business sectors that are of
94 current or future importance to the state’s economy and to the
95 state’s global business image, and development of specific
96 strategies to promote the development of such sectors.
97 g. Strategies for talent development necessary in the state
98 to encourage economic development growth, taking into account
99 factors such as the state’s talent supply chain, education and
100 training opportunities, and available workforce.
101 5. Update the strategic plan every 5 years.
102 6. Involve Enterprise Florida, Inc.; CareerSource Florida,
103 Inc. Workforce Florida, Inc.; local governments; the general
104 public; local and regional economic development organizations;
105 other local, state, and federal economic, international, and
106 workforce development entities; the business community; and
107 educational institutions to assist with the strategic plan.
108 (c) The Division of Workforce Services shall:
109 1. Prepare and submit a unified budget request for
110 workforce development in accordance with chapter 216 for, and in
111 conjunction with, CareerSource Florida, Inc. Workforce Florida,
112 Inc., and its board.
113 2. Ensure that the state appropriately administers federal
114 and state workforce funding by administering plans and policies
115 of CareerSource Florida, Inc. Workforce Florida, Inc., under
116 contract with CareerSource Florida, Inc. Workforce Florida, Inc.
117 The operating budget and midyear amendments thereto must be part
118 of such contract.
119 a. All program and fiscal instructions to regional
120 workforce boards shall emanate from the Department of Economic
121 Opportunity pursuant to plans and policies of CareerSource
122 Florida, Inc. Workforce Florida, Inc., which shall be
123 responsible for all policy directions to the regional workforce
124 boards.
125 b. Unless otherwise provided by agreement with CareerSource
126 Florida, Inc. Workforce Florida, Inc., administrative and
127 personnel policies of the Department of Economic Opportunity
128 shall apply.
129 3. Implement the state’s reemployment assistance program.
130 The Department of Economic Opportunity shall ensure that the
131 state appropriately administers the reemployment assistance
132 program pursuant to state and federal law.
133 4. Assist in developing the 5-year statewide strategic plan
134 required by this section.
135 (6)(a) The Department of Economic Opportunity is the
136 administrative agency designated for receipt of federal
137 workforce development grants and other federal funds. The
138 department shall administer the duties and responsibilities
139 assigned by the Governor under each federal grant assigned to
140 the department. The department shall expend each revenue source
141 as provided by federal and state law and as provided in plans
142 developed by and agreements with CareerSource Florida, Inc.
143 Workforce Florida, Inc. The department may serve as the contract
144 administrator for contracts entered into by CareerSource
145 Florida, Inc. Workforce Florida, Inc., pursuant to s.
146 445.004(5), as directed by CareerSource Florida, Inc. Workforce
147 Florida, Inc.
148 (b) The Department of Economic Opportunity shall serve as
149 the designated agency for purposes of each federal workforce
150 development grant assigned to it for administration. The
151 department shall carry out the duties assigned to it by the
152 Governor, under the terms and conditions of each grant. The
153 department shall have the level of authority and autonomy
154 necessary to be the designated recipient of each federal grant
155 assigned to it, and shall disburse such grants pursuant to the
156 plans and policies of CareerSource Florida, Inc. Workforce
157 Florida, Inc. The executive director may, upon delegation from
158 the Governor and pursuant to agreement with CareerSource
159 Florida, Inc. Workforce Florida, Inc., sign contracts, grants,
160 and other instruments as necessary to execute functions assigned
161 to the department. Notwithstanding other provisions of law, the
162 department shall administer other programs funded by federal or
163 state appropriations, as determined by the Legislature in the
164 General Appropriations Act or other by law.
165 (11) The department shall establish annual performance
166 standards for Enterprise Florida, Inc., CareerSource Florida,
167 Inc. Workforce Florida, Inc., the Florida Tourism Industry
168 Marketing Corporation, and Space Florida and report annually on
169 how these performance measures are being met in the annual
170 report required under subsection (10).
171 Section 3. Paragraph (b) of subsection (7) of section
172 216.136, Florida Statutes, is amended to read:
173 216.136 Consensus estimating conferences; duties and
174 principals.—
175 (7) WORKFORCE ESTIMATING CONFERENCE.—
176 (b) The Workforce Estimating Conference shall review data
177 concerning the local and regional demands for short-term and
178 long-term employment in High-Skills/High-Wage Program jobs, as
179 well as other jobs, which data is generated through surveys
180 conducted as part of the state’s Internet-based job matching and
181 labor market information system authorized under s. 445.011. The
182 conference shall consider this such data in developing its
183 forecasts for statewide employment demand, including reviewing
184 the local and regional data for common trends and conditions
185 among localities or regions which may warrant inclusion of a
186 particular occupation on the statewide occupational forecasting
187 list developed by the conference. Based upon its review of such
188 survey data, the conference shall also make recommendations
189 semiannually to CareerSource Florida, Inc. Workforce Florida,
190 Inc., on additions or deletions to lists of locally targeted
191 occupations approved by CareerSource Florida, Inc. Workforce
192 Florida, Inc.
193 Section 4. Subsections (5) and (6) of section 218.077,
194 Florida Statutes, are amended to read:
195 218.077 Wage and employment benefits requirements by
196 political subdivisions; restrictions.—
197 (5)(a) There is created the Employer-Sponsored Benefits
198 Study Task Force. Workforce Florida, Inc., shall provide
199 administrative and staff support services relating to the
200 functions of the task force. The task force shall organize by
201 September 1, 2013. The task force shall be composed of 11
202 members. The President of Workforce Florida, Inc., shall serve
203 as a member and chair of the task force. The Speaker of the
204 House of Representatives shall appoint one member who is an
205 economist with a background in business economics. The President
206 of the Senate shall appoint one member who is a physician
207 licensed under chapter 458 or chapter 459 with at least 5 years
208 of experience in the active practice of medicine. In addition,
209 the President of the Senate and the Speaker of the House of
210 Representatives shall each appoint four additional members to
211 the task force. The four appointments from the President of the
212 Senate and the four appointments from the Speaker of the House
213 of Representatives must each include:
214 1. A member of the Legislature.
215 2. An owner of a business in this state which employs fewer
216 than 50 people.
217 3. An owner or representative of a business in this state
218 which employs more than 50 people.
219 4. A representative of an organization who represents the
220 nonmanagement employees of a business.
221 (b) Members of the task force shall serve without
222 compensation, but are entitled to reimbursement for per diem and
223 travel expenses in accordance with s. 112.061.
224 (c) The purpose of the task force is to analyze employment
225 benefits and the impact of state preemption of the regulation of
226 such benefits. The task force shall develop a report that
227 includes its findings and recommendations for legislative action
228 regarding the regulation of employment benefits. The task force
229 shall submit the report to the Governor, the President of the
230 Senate, and the Speaker of the House of Representatives by
231 January 15, 2014.
232 (d) This subsection is repealed June 30, 2014.
233 (5)(6) This section does not prohibit a federally
234 authorized and recognized tribal government from requiring
235 employment benefits for a person employed within a territory
236 over which the tribe has jurisdiction.
237 Section 5. Section 288.047, Florida Statutes, is amended to
238 read:
239 288.047 Quick-response training for economic development.—
240 (1) The Quick-Response Training Program is created to meet
241 the workforce-skill needs of existing, new, and expanding
242 industries. The program shall be administered by CareerSource
243 Florida, Inc. Workforce Florida, Inc., in conjunction with
244 Enterprise Florida, Inc., and the Department of Education.
245 CareerSource Florida, Inc. Workforce Florida, Inc., shall adopt
246 guidelines for the administration of this program,. Workforce
247 Florida, Inc., shall provide technical services, and shall
248 identify businesses that seek services through the program.
249 CareerSource Florida, Inc. Workforce Florida, Inc., may contract
250 with Enterprise Florida, Inc., or administer this program
251 directly, if it is determined that such an arrangement maximizes
252 the amount of the Quick Response grant going to direct services.
253 (2) CareerSource Florida, Inc. Workforce Florida, Inc.,
254 shall ensure that instruction funded pursuant to this section is
255 not available through the local community college or school
256 district and that the instruction promotes economic development
257 by providing specialized training to new workers or retraining
258 for current employees to meet changing skill requirements caused
259 by new technology or new product lines and to prevent potential
260 layoffs. Such funds may not be expended to provide training for
261 instruction related to retail businesses or to reimburse
262 businesses for trainee wages. Funds made available pursuant to
263 this section may not be expended in connection with the
264 relocation of a business from one community to another community
265 in this state unless CareerSource Florida, Inc. Workforce
266 Florida, Inc., determines that, in the absence of without such
267 relocation, the business will move outside this state or
268 determines that the business has a compelling economic rationale
269 for the relocation which creates additional jobs.
270 (3) Requests for funding may be submitted to through the
271 Quick-Response Training Program by may be produced through
272 inquiries from a specific business or industry, through
273 inquiries from a school district director of career education or
274 community college occupational dean on behalf of a business or
275 industry, or through official state or local economic
276 development efforts. In allocating funds for the purposes of the
277 program, CareerSource Florida, Inc. Workforce Florida, Inc.,
278 shall establish criteria for approval of requests for funding
279 and shall select the entity that provides the most efficient,
280 cost-effective instruction meeting such criteria. Program funds
281 may be allocated to a any career center, community college, or
282 state university. Program funds may be allocated to private
283 postsecondary institutions only after upon a review that
284 includes, but is not limited to, accreditation and licensure
285 documentation and prior approval by CareerSource Florida, Inc.
286 Workforce Florida, Inc. Instruction funded through the program
287 must terminate when participants demonstrate competence at the
288 level specified in the request; however, the grant term may not
289 exceed 24 months. Costs and expenditures for the Quick-Response
290 Training Program must be documented and separated from those
291 incurred by the training provider.
292 (4) For the first 6 months of each fiscal year,
293 CareerSource Florida, Inc. Workforce Florida, Inc., shall set
294 aside 30 percent of the amount appropriated by the Legislature
295 for the Quick-Response Training Program by the Legislature to
296 fund instructional programs for businesses located in an
297 enterprise zone or brownfield area. Any unencumbered funds
298 remaining undisbursed from this set-aside at the end of the 6
299 month period may be used to provide funding for a any program
300 that qualifies qualifying for funding pursuant to this section.
301 (5) Prior to the allocation of funds for a any request made
302 pursuant to this section, CareerSource Florida, Inc. Workforce
303 Florida, Inc., shall prepare a grant agreement between the
304 business or industry requesting funds, the educational
305 institution receiving funding through the program, and
306 CareerSource Florida, Inc. Workforce Florida, Inc. Such
307 agreement must include, but is not limited to:
308 (a) An identification of the personnel necessary to conduct
309 the instructional program, the qualifications of such personnel,
310 and the respective responsibilities of the parties for paying
311 costs associated with the employment of such personnel.
312 (b) An identification of the estimated length of the
313 instructional program.
314 (c) An identification of all direct, training-related
315 costs, including tuition and fees, curriculum development, books
316 and classroom materials, and overhead or indirect costs, not to
317 exceed 5 percent of the grant amount.
318 (d) An identification of special program requirements that
319 are not addressed otherwise in the agreement.
320 (e) Permission to access information specific to the wages
321 and performance of participants upon the completion of
322 instruction for evaluation purposes. Information which, if
323 released, would disclose the identity of the person to whom the
324 information pertains or disclose the identity of the person’s
325 employer is confidential and exempt from the provisions of s.
326 119.07(1). The agreement must specify that any evaluations
327 published subsequent to the instruction may not identify the
328 employer or any individual participant.
329 (6) For the purposes of this section, CareerSource Florida,
330 Inc. Workforce Florida, Inc., may accept grants of money,
331 materials, services, or property of any kind from any agency,
332 corporation, or individual.
333 (7) In providing instruction pursuant to this section,
334 materials that relate to methods of manufacture or production,
335 potential trade secrets, business transactions, or proprietary
336 information received, produced, ascertained, or discovered by
337 employees of the respective departments, district school boards,
338 community college district boards of trustees, or other
339 personnel employed for the purposes of this section is
340 confidential and exempt from the provisions of s. 119.07(1). The
341 state may seek copyright protection for all instructional
342 materials and ancillary written documents developed wholly or
343 partially with state funds as a result of instruction provided
344 pursuant to this section, except for materials that are
345 confidential and exempt from the provisions of s. 119.07(1).
346 (8) The There is created a Quick-Response Training Program
347 is created to provide assistance to for participants in the
348 welfare transition program. CareerSource Florida, Inc. Workforce
349 Florida, Inc., may award quick-response training grants and
350 develop applicable guidelines for the training of participants
351 in the welfare transition program. In addition to a local
352 economic development organization, grants must be endorsed by
353 the applicable regional workforce board.
354 (a) Training funded pursuant to this subsection may not
355 exceed 12 months, and may be provided by the local community
356 college, school district, regional workforce board, or the
357 business employing the participant, including on-the-job
358 training. Training will provide entry-level skills to new
359 workers, including those employed in retail, who are
360 participants in the welfare transition program.
361 (b) Participants trained pursuant to this subsection must
362 be employed at a job paying at least wage not less than $6 per
363 hour.
364 (c) Funds made available pursuant to this subsection may be
365 expended in connection with the relocation of a business from
366 one community to another community if approved by CareerSource
367 Florida, Inc. Workforce Florida, Inc.
368 (9) Notwithstanding any other provision of law, eligible
369 matching contributions received under this section from the
370 Quick-Response Training Program under this section may be
371 counted toward the private sector support of Enterprise Florida,
372 Inc., under s. 288.904.
373 (10) CareerSource Florida, Inc. Workforce Florida, Inc.,
374 and Enterprise Florida, Inc., shall coordinate and cooperate
375 ensure maximum coordination and cooperation in administering
376 this section so, in such a manner that any division of
377 responsibility between the two organizations which relates to
378 marketing or administering the Quick-Response Training Program
379 is not apparent to a business that inquires about or applies for
380 funding under this section. A business shall be provided with a
381 single point of contact for information and assistance.
382 Section 6. Paragraph (a) of subsection (6) of section
383 288.0656, Florida Statutes, is amended to read:
384 288.0656 Rural Economic Development Initiative.—
385 (6)(a) By August 1 of each year, the head of each of the
386 following agencies and organizations shall designate a deputy
387 secretary or higher-level staff person from within the agency or
388 organization to serve as the REDI representative for the agency
389 or organization:
390 1. The Department of Transportation.
391 2. The Department of Environmental Protection.
392 3. The Department of Agriculture and Consumer Services.
393 4. The Department of State.
394 5. The Department of Health.
395 6. The Department of Children and Families.
396 7. The Department of Corrections.
397 8. The Department of Education.
398 9. The Department of Juvenile Justice.
399 10. The Fish and Wildlife Conservation Commission.
400 11. Each water management district.
401 12. Enterprise Florida, Inc.
402 13. CareerSource Florida, Inc. Workforce Florida, Inc.
403 14. VISIT Florida.
404 15. The Florida Regional Planning Council Association.
405 16. The Agency for Health Care Administration.
406 17. The Institute of Food and Agricultural Sciences (IFAS).
407
408 An alternate for each designee shall also be chosen, and the
409 names of the designees and alternates shall be sent to the
410 executive director of the department.
411 Section 7. Paragraph (e) of subsection (3) of section
412 288.1252, Florida Statutes, is amended to read:
413 288.1252 Florida Film and Entertainment Advisory Council;
414 creation; purpose; membership; powers and duties.—
415 (3) MEMBERSHIP.—
416 (e) In addition to the 17 appointed members of the council,
417 one A representative from each of Enterprise Florida, Inc.,
418 CareerSource Florida, Inc. a representative of Workforce
419 Florida, Inc., and a representative of VISIT Florida shall serve
420 as ex officio, nonvoting members of the council, and shall be in
421 addition to the 17 appointed members of the council.
422 Section 8. Paragraph (a) of subsection (5) of section
423 288.901, Florida Statutes, is amended to read:
424 288.901 Enterprise Florida, Inc.—
425 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
426 (a) In addition to the Governor or his or her the
427 Governor’s designee, the board of directors shall consist of the
428 following appointed members:
429 1. The Commissioner of Education or his or her the
430 commissioner’s designee.
431 2. The Chief Financial Officer or his or her designee.
432 3. The Attorney General or his or her designee.
433 4. The Commissioner of Agriculture or his or her designee.
434 5. The chairperson of the board of directors of
435 CareerSource Florida, Inc. Workforce Florida, Inc.
436 6. The Secretary of State or his or her the secretary’s
437 designee.
438 7. Twelve members from the private sector, six of whom
439 shall be appointed by the Governor, three of whom shall be
440 appointed by the President of the Senate, and three of whom
441 shall be appointed by the Speaker of the House of
442 Representatives. Members appointed by the Governor are subject
443 to Senate confirmation.
444 Section 9. Subsection (6) of section 288.903, Florida
445 Statutes, is amended to read:
446 288.903 Duties of Enterprise Florida, Inc.—Enterprise
447 Florida, Inc., shall have the following duties:
448 (6) In coordination with CareerSource Florida, Inc.
449 Workforce Florida, Inc., identify education and training
450 programs that will ensure that Florida businesses have access to
451 a skilled and competent workforce necessary to compete
452 successfully in the domestic and global marketplace.
453 Section 10. Paragraph (d) of subsection (3) of section
454 295.22, Florida Statutes, is amended to read:
455 295.22 Veterans Employment and Training Services Program.—
456 (3) ADMINISTRATION.—Florida Is For Veterans, Inc., shall
457 administer the Veterans Employment and Training Services Program
458 and perform all of the following functions:
459 (d) Create a grant program to provide funding to assist
460 veterans in meeting the workforce-skill needs of businesses
461 seeking to hire veterans, establish criteria for approval of
462 requests for funding, and maximize the use of funding for this
463 program. Grant funds may be used only in the absence of
464 available veteran-specific federally funded programs. Grants may
465 fund specialized training specific to a particular business.
466 1. Grant funds may be allocated to any training provider
467 selected by the business, including a career center, a Florida
468 College System institution, a state university, or an in-house
469 training provider of the business. If grant funds are used to
470 provide a technical certificate, a licensure, or a degree, funds
471 may be allocated only upon a review that includes, but is not
472 limited to, documentation of accreditation and licensure
473 documentation. Instruction funded through the program terminates
474 must terminate when participants demonstrate competence at the
475 level specified in the request but; however, the grant term may
476 not exceed 48 months. Preference shall be given to target
477 industry businesses, as defined in s. 288.106, and to businesses
478 in the defense supply, cloud virtualization, or commercial
479 aviation manufacturing industries.
480 2. Costs and expenditures for the grant program must be
481 documented and separated from those incurred by the training
482 provider. Costs and expenditures shall be limited to $8,000 per
483 veteran trainee. Eligible costs and expenditures include:
484 a. Tuition and fees.
485 b. Curriculum development.
486 c. Books and classroom materials.
487 d. Rental fees for facilities at public colleges and
488 universities, including virtual training labs.
489 e. Overhead or indirect costs not to exceed 5 percent of
490 the grant amount.
491 3. Before funds are allocated for a request pursuant to
492 this section, the corporation shall prepare a grant agreement
493 between the business requesting funds, the educational
494 institution or training provider receiving funding through the
495 program, and the corporation. Such agreement must include, but
496 need not be limited to:
497 a. Identification of the personnel necessary to conduct the
498 instructional program, the qualifications of such personnel, and
499 the respective responsibilities of the parties for paying costs
500 associated with the employment of such personnel.
501 b. Identification of the match provided by the business,
502 including cash and in-kind contributions, equal to at least 50
503 percent of the total grant amount.
504 c. Identification of the estimated duration of the
505 instructional program.
506 d. Identification of all direct, training-related costs.
507 e. Identification of special program requirements that are
508 not otherwise addressed in the agreement.
509 f. Permission to access aggregate information specific to
510 the wages and performance of participants upon the completion of
511 instruction for evaluation purposes. The agreement must specify
512 that any evaluation published subsequent to the instruction may
513 not identify the employer or any individual participant.
514 4. A business may receive a grant under the Quick-Response
515 Training Program created under s. 288.047 and a grant under this
516 section for the same veteran trainee. If a business receives
517 funds under both programs, one grant agreement may be entered
518 into with CareerSource Florida, Inc. Workforce Florida, Inc., as
519 the grant administrator.
520 Section 11. Subsection (4) of section 320.20, Florida
521 Statutes, is amended to read:
522 320.20 Disposition of license tax moneys.—The revenue
523 derived from the registration of motor vehicles, including any
524 delinquent fees and excluding those revenues collected and
525 distributed under the provisions of s. 320.081, must be
526 distributed monthly, as collected, as follows:
527 (4) Notwithstanding any other provision of law except
528 subsections (1), (2), and (3), $10 million shall be deposited
529 annually into the State Transportation Trust Fund solely for the
530 purposes of funding the Florida Seaport Transportation and
531 Economic Development Program as provided in chapter 311 and for
532 funding seaport intermodal access projects of statewide
533 significance as provided in s. 341.053. Such revenues shall be
534 distributed to any port listed in s. 311.09(1), to be used for
535 funding projects as follows:
536 (a) For any seaport intermodal access projects that are
537 identified in the 1997-1998 Tentative Work Program of the
538 Department of Transportation, up to the amounts needed to offset
539 the funding requirements of this section.
540 (b) For seaport intermodal access projects as described in
541 s. 341.053(6) which are identified in the 5-year Florida Seaport
542 Mission Plan as provided in s. 311.09(3). Funding for such
543 projects shall be on a matching basis as mutually determined by
544 the Florida Seaport Transportation and Economic Development
545 Council and the Department of Transportation if a minimum of 25
546 percent of total project funds come from any port funds, local
547 funds, private funds, or specifically earmarked federal funds.
548 (c) On a 50-50 matching basis for projects as described in
549 s. 311.07(3)(b).
550 (d) For seaport intermodal access projects that involve the
551 dredging or deepening of channels, turning basins, or harbors;
552 or the rehabilitation of wharves, docks, or similar structures.
553 Funding for such projects requires a 25 percent match of the
554 funds received pursuant to this subsection. Matching funds must
555 come from any port funds, federal funds, local funds, or private
556 funds.
557
558 Such revenues may be assigned, pledged, or set aside as a trust
559 for the payment of principal or interest on bonds, tax
560 anticipation certificates, or other form of indebtedness issued
561 by an individual port or appropriate local government having
562 jurisdiction thereof, or collectively by interlocal agreement
563 among any of the ports, or used to purchase credit support to
564 permit such borrowings. However, such debt is not a general
565 obligation of the state. This state covenants with holders of
566 such revenue bonds or other instruments of indebtedness issued
567 hereunder that it will not repeal, or impair, or amend this
568 subsection in a any manner that will materially and adversely
569 affect the rights of holders while so long as bonds authorized
570 by this subsection remain are outstanding. Any Revenues that are
571 not pledged to the repayment of bonds as authorized by this
572 section may be used for purposes authorized under the Florida
573 Seaport Transportation and Economic Development Program. This
574 revenue source is in addition to any amounts provided for and
575 appropriated in accordance with s. 311.07 and subsection (3).
576 The Florida Seaport Transportation and Economic Development
577 Council shall approve distribution of funds to ports for
578 projects that have been approved pursuant to s. 311.09(5)-(8),
579 or for seaport intermodal access projects identified in the 5
580 year Florida Seaport Mission Plan as provided in s. 311.09(3)
581 and mutually agreed upon by the Florida Seaport Transportation
582 and Economic Development Council and the Department of
583 Transportation. All contracts for actual construction of
584 projects authorized by this subsection must include a provision
585 encouraging employment of participants in the welfare transition
586 program. The goal for such employment is 25 percent of all new
587 employees employed specifically for the project, unless the
588 Department of Transportation and the Florida Seaport
589 Transportation and Economic Development Council demonstrate that
590 such a requirement would severely hamper the successful
591 completion of the project. In such an instance, CareerSource
592 Florida, Inc. Workforce Florida, Inc., shall establish an
593 appropriate percentage of employees who are participants in the
594 welfare transition program. The council and the Department of
595 Transportation may perform such acts as are required to
596 facilitate and implement the provisions of this subsection. To
597 better enable the ports to cooperate to their mutual advantage,
598 the governing body of each port may exercise powers provided to
599 municipalities or counties in s. 163.01(7)(d) subject to the
600 provisions of chapter 311 and special acts, if any, pertaining
601 to a port. The use of funds provided pursuant to this subsection
602 is limited to eligible projects listed in this subsection. The
603 revenues available under this subsection may not be pledged to
604 the payment of any bonds other than the Florida Ports Financing
605 Commission Series 1996 and Series 1999 Bonds currently
606 outstanding; however, such revenues may be pledged to secure
607 payment of refunding bonds to refinance the Florida Ports
608 Financing Commission Series 1996 and Series 1999 Bonds.
609 Refunding bonds secured by revenues available under this
610 subsection may not be issued with a final maturity later than
611 the final maturity of the Florida Ports Financing Commission
612 Series 1996 and Series 1999 Bonds and may not or which provide
613 for higher debt service in any year than is currently payable on
614 such bonds. Any revenue bonds or other indebtedness issued after
615 July 1, 2000, other than refunding bonds shall be issued by the
616 Division of Bond Finance at the request of the Department of
617 Transportation pursuant to the State Bond Act.
618 Section 12. Subsections (2) and (9) of section 331.3051,
619 Florida Statutes, are amended to read:
620 331.3051 Duties of Space Florida.—Space Florida shall:
621 (2) Enter into agreement with the Department of Education,
622 the Department of Transportation, Enterprise Florida, Inc., and
623 CareerSource Florida, Inc. Workforce Florida, Inc., for the
624 purpose of implementing this act.
625 (9) Carry out its responsibility for workforce development
626 by coordinating with CareerSource Florida, Inc. Workforce
627 Florida, Inc., community colleges, colleges, public and private
628 universities, and other public and private partners to develop a
629 plan to retain, train, and retrain workers, from entry-level
630 skills training through to technician-level, and 4-year degrees
631 and higher, with the skills most relevant to aerospace
632 employers.
633 Section 13. Subsections (2), (4), and (5) of section
634 331.369, Florida Statutes, are amended to read:
635 331.369 Space Industry Workforce Initiative.—
636 (2) CareerSource Florida, Inc. Workforce Florida, Inc.,
637 shall coordinate development of a Space Industry Workforce
638 Initiative in partnership with Space Florida, public and private
639 universities, community colleges, and other training providers
640 approved by the board. The purpose of the initiative is to use
641 or revise existing programs and to develop innovative new
642 programs to address the workforce needs of the aerospace
643 industry.
644 (4) CareerSource Florida, Inc. Workforce Florida, Inc.,
645 with the assistance of Space Florida, shall convene
646 representatives from the aerospace industry to identify the
647 priority training and education needs of the industry and to
648 appoint a team to design programs to meet the priority needs.
649 (5) CareerSource Florida, Inc. Workforce Florida, Inc., as
650 part of its statutorily prescribed annual report to the
651 Legislature, shall provide recommendations for policies,
652 programs, and funding to enhance the workforce needs of the
653 aerospace industry.
654 Section 14. Paragraph (c) of subsection (3) of section
655 403.973, Florida Statutes, is amended to read:
656 403.973 Expedited permitting; amendments to comprehensive
657 plans.—
658 (3)
659 (c) At the request of a county or municipal government, the
660 Department of Economic Opportunity or a Quick Permitting County
661 may certify projects located in counties where the ratio of new
662 jobs per participant in the welfare transition program, as
663 determined by CareerSource Florida, Inc. Workforce Florida,
664 Inc., is less than one or otherwise critical, as eligible for
665 the expedited permitting process. Such projects must meet the
666 numerical job creation criteria for job creation specified in of
667 this subsection, but the jobs created by the project do not have
668 to be high-wage jobs that diversify the state’s economy.
669 Section 15. Paragraph (c) of subsection (7) of section
670 409.1451, Florida Statutes, is amended to read:
671 409.1451 The Road-to-Independence Program.—
672 (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
673 secretary shall establish the Independent Living Services
674 Advisory Council for the purpose of reviewing and making
675 recommendations concerning the implementation and operation of
676 the provisions of s. 39.6251 and the Road-to-Independence
677 Program. The advisory council shall function as specified in
678 this subsection until the Legislature determines that the
679 advisory council can no longer provide a valuable contribution
680 to the department’s efforts to achieve the goals of the services
681 designed to enable a young adult to live independently.
682 (c) Members of the advisory council shall be appointed by
683 the secretary of the department. The membership of the advisory
684 council must include, at a minimum, representatives from the
685 headquarters and regional offices of the Department of Children
686 and Families, community-based care lead agencies, the Department
687 of Juvenile Justice, the Department of Economic Opportunity, the
688 Department of Education, the Agency for Health Care
689 Administration, the State Youth Advisory Board, CareerSource
690 Florida, Inc. Workforce Florida, Inc., the Statewide Guardian Ad
691 Litem Office, foster parents, recipients of services and funding
692 through the Road-to-Independence Program, and advocates for
693 children in care. The secretary shall determine the length of
694 the term to be served by each member appointed to the advisory
695 council, which may not exceed 4 years.
696 Section 16. Paragraph (k) of subsection (1) and subsection
697 (9) of section 413.405, Florida Statutes, are amended to read:
698 413.405 Florida Rehabilitation Council.—There is created
699 the Florida Rehabilitation Council to assist the division in the
700 planning and development of statewide rehabilitation programs
701 and services, to recommend improvements to such programs and
702 services, and to perform the functions listed in this section.
703 (1) The council shall be composed of:
704 (k) At least one representative of the board of directors
705 of CareerSource Florida, Inc. Workforce Florida, Inc.
706 (9) In addition to the other functions specified in this
707 section, the council shall, after consulting with the board of
708 directors of CareerSource Florida, Inc. Workforce Florida, Inc.:
709 (a) Review, analyze, and advise the division regarding the
710 performance of the responsibilities of the division under Title
711 I of the act, particularly responsibilities relating to:
712 1. Eligibility, including order of selection.
713 2. The extent, scope, and effectiveness of services
714 provided.
715 3. Functions performed by state agencies which that affect
716 or potentially affect the ability of individuals with
717 disabilities to achieve in achieving employment outcomes under
718 Title I.
719 (b) In partnership with the division:
720 1. Develop, agree to, and review state goals and priorities
721 in accordance with 34 C.F.R. s. 361.29(c); and
722 2. Evaluate the effectiveness of the vocational
723 rehabilitation program and submit reports of progress to the
724 Governor, the President of the Senate, the Speaker of the House
725 of Representatives, and the United States Secretary of Education
726 in accordance with 34 C.F.R. s. 361.29(e).
727 (c) Advise the department and the division and assist in
728 the preparation of the state plan and amendments to the plan,
729 applications, reports, needs assessments, and evaluations
730 required by Title I.
731 (d) To the extent feasible, conduct a review and analysis
732 of the effectiveness of, and consumer satisfaction with:
733 1. The functions performed by state agencies and other
734 public and private entities responsible for performing functions
735 for individuals who have disabilities.
736 2. Vocational rehabilitation services:
737 a. Provided or paid for from funds made available under the
738 act or through other public or private sources.
739 b. Provided by state agencies and other public and private
740 entities responsible for providing vocational rehabilitation
741 services to individuals who have disabilities.
742 3. The employment outcomes achieved by eligible individuals
743 receiving services under this part, including the availability
744 of health or other employment benefits in connection with those
745 employment outcomes.
746 (e) Prepare and submit an annual report on the status of
747 vocational rehabilitation programs in the state to the Governor,
748 the President of the Senate, the Speaker of the House of
749 Representatives, and the United States Secretary of Education
750 and make the report available to the public.
751 (f) Coordinate with other councils within Florida,
752 including the Florida Independent Living Council, the advisory
753 panel established under s. 612(a)(21) of the Individuals with
754 Disabilities Education Act, 20 U.S.C. s. 1412(a)(21), the State
755 Planning Council described in s. 124 of the Developmental
756 Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
757 15024, the state mental health planning council established
758 under s. 1914 of the Public Health Service Act, 42 U.S.C. s.
759 300x-3, and the board of directors of CareerSource Florida, Inc.
760 Workforce Florida, Inc.
761 (g) Advise the department and division and provide for
762 coordination and the establishment of working relationships
763 among the department, the division, the Florida Independent
764 Living Council, and centers for independent living in the state.
765 (h) Perform other functions that are consistent with the
766 duties and responsibilities of the council under this section.
767 Section 17. Paragraph (a) of subsection (1) of section
768 413.407, Florida Statutes, is amended to read:
769 413.407 Assistive Technology Advisory Council.—There is
770 created the Assistive Technology Advisory Council, responsible
771 for ensuring consumer involvement in the creation, application,
772 and distribution of technology-related assistance to and for
773 persons who have disabilities. The council shall fulfill its
774 responsibilities through statewide policy development, both
775 state and federal legislative initiatives, advocacy at both the
776 state and federal level, planning of statewide resource
777 allocations, policy-level management, reviews of both consumer
778 responsiveness and the adequacy of program service delivery, and
779 by performing the functions listed in this section.
780 (1)(a) The council shall be composed of:
781 1. Individuals who have disabilities and who are assistive
782 technology consumers or family members or guardians of those
783 individuals.
784 2. Representatives of consumer organizations concerned with
785 assistive technology.
786 3. Representatives of business and industry, including the
787 insurance industry, concerned with assistive technology.
788 4. A representative of the Division of Vocational
789 Rehabilitation.
790 5. A representative of the Division of Blind Services.
791 6. A representative of the Florida Independent Living
792 Council.
793 7. A representative of CareerSource Florida, Inc. Workforce
794 Florida, Inc.
795 8. A representative of the Department of Education.
796 9. Representatives of other state agencies that provide or
797 coordinate services for persons with disabilities.
798
799 Total membership on the council may shall not exceed 27 at any
800 one time. A majority of the members shall be appointed in
801 accordance with subparagraph 1.
802 Section 18. Section 414.045, Florida Statutes, is amended
803 to read:
804 414.045 Cash assistance program.—Cash assistance families
805 include any families receiving cash assistance payments from the
806 state program for temporary assistance for needy families as
807 defined in federal law, whether such funds are from federal
808 funds, state funds, or commingled federal and state funds. Cash
809 assistance families may also include families receiving cash
810 assistance through a program defined as a separate state
811 program.
812 (1) For reporting purposes, families receiving cash
813 assistance shall be grouped into the following categories. The
814 department may develop additional groupings in order to comply
815 with federal reporting requirements, to comply with the data
816 reporting needs of the board of directors of CareerSource
817 Florida, Inc. Workforce Florida, Inc., or to better inform the
818 public of program progress.
819 (a) Work-eligible cases.—Work-eligible cases shall include:
820 1. Families containing an adult or a teen head of
821 household, as defined by federal law. These cases are generally
822 subject to the work activity requirements provided in s. 445.024
823 and the time limitations on benefits provided in s. 414.105.
824 2. Families with a parent where the parent’s needs have
825 been removed from the case due to sanction or disqualification
826 shall be considered work-eligible cases to the extent that such
827 cases are considered in the calculation of federal participation
828 rates or would be counted in such calculation in future months.
829 3. Families participating in transition assistance
830 programs.
831 4. Families otherwise eligible for temporary cash
832 assistance which that receive diversion services, a severance
833 payment, or participate in the relocation program.
834 (b) Child-only cases.—Child-only cases include cases that
835 do not have an adult or teen head of household as defined in
836 federal law. Such cases include:
837 1. Children in the care of caretaker relatives, if where
838 the caretaker relatives choose to have their needs excluded in
839 the calculation of the amount of cash assistance.
840 2. Families in the Relative Caregiver Program as provided
841 in s. 39.5085.
842 3. Families in which the only parent in a single-parent
843 family or both parents in a two-parent family receive
844 supplemental security income (SSI) benefits under Title XVI of
845 the Social Security Act, as amended. To the extent permitted by
846 federal law, individuals receiving SSI shall be excluded as
847 household members in determining the amount of cash assistance,
848 and such cases shall not be considered families containing an
849 adult. Parents or caretaker relatives who are excluded from the
850 cash assistance group due to receipt of SSI may choose to
851 participate in work activities. An individual whose ability to
852 participate in work activities is limited who volunteers to
853 participate in work activities activity but whose ability to
854 participate in work activities is limited shall be assigned to
855 work activities consistent with such limitations. An individual
856 who volunteers to participate in a work activity may receive
857 child care or support services consistent with such
858 participation.
859 4. Families in which where the only parent in a single
860 parent family or both parents in a two-parent family are not
861 eligible for cash assistance due to immigration status or other
862 limitation of federal law. To the extent required by federal
863 law, such cases shall not be considered families containing an
864 adult.
865 5. To the extent permitted by federal law and subject to
866 appropriations, special needs children who have been adopted
867 pursuant to s. 409.166 and whose adopting family qualifies as a
868 needy family under the state program for temporary assistance
869 for needy families. Notwithstanding any provision to the
870 contrary in s. 414.075, s. 414.085, or s. 414.095, a family
871 shall be considered a needy family if:
872 a. The family is determined by the department to have an
873 income below 200 percent of the federal poverty level;
874 b. The family meets the requirements of s. 414.095(2) and
875 (3) related to residence, citizenship, or eligible noncitizen
876 status; and
877 c. The family provides any information that may be
878 necessary to meet federal reporting requirements specified under
879 Part A of Title IV of the Social Security Act.
880
881 Families described in subparagraph 1., subparagraph 2., or
882 subparagraph 3. may receive child care assistance or other
883 supports or services so that the children may continue to be
884 cared for in their own homes or in the homes of relatives. Such
885 assistance or services may be funded from the temporary
886 assistance for needy families block grant to the extent
887 permitted under federal law and to the extent funds have been
888 provided in the General Appropriations Act.
889 (2) Oversight by the board of directors of CareerSource
890 Florida, Inc. Workforce Florida, Inc., and the service delivery
891 and financial planning responsibilities of the regional
892 workforce boards shall apply to the families defined as work
893 eligible cases in paragraph (1)(a). The department shall be
894 responsible for program administration related to families in
895 groups defined in paragraph (1)(b), and the department shall
896 coordinate such administration with the board of directors of
897 CareerSource Florida, Inc. Workforce Florida, Inc., to the
898 extent needed for operation of the program.
899 Section 19. Subsections (1) and (3) of section 414.105,
900 Florida Statutes, are amended to read:
901 414.105 Time limitations of temporary cash assistance.
902 Except as otherwise provided in this section, an applicant or
903 current participant shall receive temporary cash assistance for
904 no more than a lifetime cumulative total of 48 months, unless
905 otherwise provided by law.
906 (1) Hardship exemptions from to the time limitations
907 provided in this section may not exceed shall be limited to 20
908 percent of the average monthly caseload, as determined by the
909 department in cooperation with CareerSource Florida, Inc.
910 Workforce Florida, Inc. Criteria for hardship exemptions
911 include:
912 (a) Diligent participation in activities, combined with
913 inability to obtain employment.
914 (b) Diligent participation in activities, combined with
915 extraordinary barriers to employment, including the conditions
916 which may result in an exemption to work requirements.
917 (c) Significant barriers to employment, combined with a
918 need for additional time.
919 (d) Diligent participation in activities and a need by teen
920 parents for an exemption in order to have 24 months of
921 eligibility beyond receipt of the high school diploma or
922 equivalent.
923 (e) A recommendation of extension for a minor child of a
924 participating family that has reached the end of the eligibility
925 period for temporary cash assistance. The recommendation must be
926 the result of a review that which determines that the
927 termination of the child’s temporary cash assistance would be
928 likely to result in the child being placed into emergency
929 shelter or foster care.
930 (3) The department, in cooperation with CareerSource
931 Florida, Inc. Workforce Florida, Inc., shall establish a
932 procedure for approving hardship exemptions and for reviewing
933 hardship cases at least once every 2 years. Regional workforce
934 boards may assist in making these determinations.
935 Section 20. Section 414.106, Florida Statutes, is amended
936 to read:
937 414.106 Exemption from public meetings law.—That portion of
938 a meeting held by the department, CareerSource Florida, Inc.
939 Workforce Florida, Inc., or a regional workforce board or local
940 committee created pursuant to s. 445.007 at which personal
941 identifying information contained in records relating to
942 temporary cash assistance is discussed is exempt from s. 286.011
943 and s. 24(b), Art. I of the State Constitution if the
944 information identifies a participant, a participant’s family, or
945 a participant’s family or household member.
946 Section 21. Subsection (1) of section 414.295, Florida
947 Statutes, is amended to read:
948 414.295 Temporary cash assistance programs; public records
949 exemption.—
950 (1) Personal identifying information of a temporary cash
951 assistance program participant, a participant’s family, or a
952 participant’s family or household member, except for information
953 identifying a parent who does not live in the same home as the
954 child, which is held by the department, the Office of Early
955 Learning, CareerSource Florida, Inc. Workforce Florida, Inc.,
956 the Department of Health, the Department of Revenue, the
957 Department of Education, or a regional workforce board or local
958 committee created pursuant to s. 445.007 is confidential and
959 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
960 Constitution. Such confidential and exempt information may be
961 released for purposes directly connected with:
962 (a) The administration of the temporary assistance for
963 needy families plan under Title IV-A of the Social Security Act,
964 as amended, by the department, the Office of Early Learning,
965 CareerSource Florida, Inc. Workforce Florida, Inc., the
966 Department of Military Affairs, the Department of Health, the
967 Department of Revenue, the Department of Education, a regional
968 workforce board or local committee created pursuant to s.
969 445.007, or a school district.
970 (b) The administration of the state’s plan or program
971 approved under Title IV-B, Title IV-D, or Title IV-E of the
972 Social Security Act, as amended, or under Title I, Title X,
973 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
974 Social Security Act, as amended.
975 (c) An Any investigation, prosecution, or any criminal,
976 civil, or administrative proceeding conducted in connection with
977 the administration of any of the plans or programs specified in
978 paragraph (a) or paragraph (b) by a federal, state, or local
979 governmental entity, upon request by that entity, if when such
980 request is made pursuant to the proper exercise of that entity’s
981 duties and responsibilities.
982 (d) The administration of any other state, federal, or
983 federally assisted program that provides assistance or services
984 on the basis of need, in cash or in kind, directly to a
985 participant.
986 (e) An Any audit or similar activity, such as a review of
987 expenditure reports or financial review, conducted in connection
988 with the administration of any of the plans or programs
989 specified in paragraph (a) or paragraph (b) by a governmental
990 entity authorized by law to conduct such audit or activity.
991 (f) The administration of the reemployment assistance
992 program.
993 (g) The reporting to the appropriate agency or official of
994 information about known or suspected instances of physical or
995 mental injury, sexual abuse or exploitation, or negligent
996 treatment or maltreatment of a child or elderly person receiving
997 assistance, if circumstances indicate that the health or welfare
998 of the child or elderly person is threatened.
999 (h) The administration of services to elderly persons under
1000 ss. 430.601-430.606.
1001 Section 22. Section 414.55, Florida Statutes, is amended to
1002 read:
1003 414.55 Implementation of community work program.—The
1004 Governor shall minimize the liability of the state by opting out
1005 of the special provision related to community work, as described
1006 in s. 402(a)(1)(B)(iv) of the Social Security Act, as amended by
1007 Pub. L. No. 104-193. The department and CareerSource Florida,
1008 Inc. Workforce Florida, Inc., shall implement the community work
1009 program in accordance with s. 445.024.
1010 Section 23. Subsection (2) of section 420.622, Florida
1011 Statutes, is amended to read:
1012 420.622 State Office on Homelessness; Council on
1013 Homelessness.—
1014 (2) The Council on Homelessness is created to consist of 17
1015 representatives a 17-member council of public and private
1016 agencies agency representatives who shall develop policy and
1017 advise the State Office on Homelessness. The council members
1018 shall be: the Secretary of Children and Families, or his or her
1019 designee; the executive director of the Department of Economic
1020 Opportunity, or his or her designee, who shall to advise the
1021 council on issues related to rural development; the State
1022 Surgeon General, or his or her designee; the Executive Director
1023 of Veterans’ Affairs, or his or her designee; the Secretary of
1024 Corrections, or his or her designee; the Secretary of Health
1025 Care Administration, or his or her designee; the Commissioner of
1026 Education, or his or her designee; the Director of CareerSource
1027 Florida, Inc. Workforce Florida, Inc., or his or her designee;
1028 one representative of the Florida Association of Counties; one
1029 representative of from the Florida League of Cities; one
1030 representative of the Florida Supportive Housing Coalition; the
1031 Executive Director of the Florida Housing Finance Corporation,
1032 or his or her designee; one representative of the Florida
1033 Coalition for the Homeless; and four members appointed by the
1034 Governor. The council members shall be nonpaid volunteers
1035 volunteer, nonpaid persons and shall be reimbursed only for
1036 travel expenses only. The appointed members of the council shall
1037 be appointed to staggered 2-year terms, and the council shall
1038 meet at least four times per year. The importance of minority,
1039 gender, and geographic representation shall must be considered
1040 in when appointing members to the council.
1041 Section 24. Paragraph (c) of subsection (1) of section
1042 443.091, Florida Statutes, is amended to read:
1043 443.091 Benefit eligibility conditions.—
1044 (1) An unemployed individual is eligible to receive
1045 benefits for any week only if the Department of Economic
1046 Opportunity finds that:
1047 (c) To make continued claims for benefits, she or he is
1048 reporting to the department in accordance with this paragraph
1049 and department rules. Department rules may not conflict with s.
1050 443.111(1)(b), which requires that each claimant continue to
1051 report regardless of any pending appeal relating to her or his
1052 eligibility or disqualification for benefits.
1053 1. For each week of unemployment claimed, each report must,
1054 at a minimum, include the name, address, and telephone number of
1055 each prospective employer contacted, or the date the claimant
1056 reported to a one-stop career center, pursuant to paragraph (d).
1057 2. The department shall must offer an online assessment
1058 aimed at identifying that serves to identify an individual’s
1059 skills, abilities, and career aptitude. The skills assessment
1060 must be voluntary, and the department shall must allow a
1061 claimant to choose whether to take the skills assessment. The
1062 online assessment shall be made available to any person seeking
1063 services from a regional workforce board or a one-stop career
1064 center.
1065 a. If the claimant chooses to take the online assessment,
1066 the outcome of the assessment shall must be made available to
1067 the claimant, regional workforce board, and one-stop career
1068 center. The department, workforce board, or one-stop career
1069 center shall use the assessment to develop a plan for referring
1070 individuals to training and employment opportunities. Aggregate
1071 data on assessment outcomes may be made available to
1072 CareerSource Florida, Inc. Workforce Florida, Inc., and
1073 Enterprise Florida, Inc., for use in the development of policies
1074 related to education and training programs that will ensure that
1075 businesses in this state have access to a skilled and competent
1076 workforce.
1077 b. Individuals shall be informed of and offered services
1078 through the one-stop delivery system, including career
1079 counseling, the provision of skill match and job market
1080 information, and skills upgrade and other training
1081 opportunities, and shall be encouraged to participate in such
1082 services at no cost to the individuals. The department shall
1083 coordinate with CareerSource Florida, Inc. Workforce Florida,
1084 Inc., the workforce boards, and the one-stop career centers to
1085 identify, develop, and use best practices for improving the
1086 skills of individuals who choose to participate in skills
1087 upgrade and other training opportunities. The department may
1088 contract with an entity to create the online assessment in
1089 accordance with the competitive bidding requirements in s.
1090 287.057. The online assessment must work seamlessly with the
1091 Reemployment Assistance Claims and Benefits Information System.
1092 Section 25. Subsections (1) and (4) of section 443.171,
1093 Florida Statutes, are amended to read:
1094 443.171 Department of Economic Opportunity and commission;
1095 powers and duties; records and reports; proceedings; state
1096 federal cooperation.—
1097 (1) POWERS AND DUTIES.—The Department of Economic
1098 Opportunity shall administer this chapter. The department may
1099 employ those persons, make expenditures, require reports,
1100 conduct investigations, and take other action necessary or
1101 suitable to administer this chapter. The department shall
1102 annually submit information to CareerSource Florida, Inc.
1103 Workforce Florida, Inc., covering the administration and
1104 operation of this chapter during the preceding calendar year for
1105 inclusion in the strategic plan under s. 445.006 and may make
1106 recommendations for amendment to this chapter.
1107 (4) EMPLOYMENT STABILIZATION.—The Department of Economic
1108 Opportunity, under the direction of CareerSource Florida, Inc.
1109 Workforce Florida, Inc., shall take all appropriate steps to
1110 reduce and prevent unemployment; to encourage and assist in the
1111 adoption of practical methods of career training, retraining,
1112 and career guidance; to investigate, recommend, advise, and
1113 assist municipalities, counties, school districts, and the state
1114 in the establishment and operation, by municipalities, counties,
1115 school districts, and the state, of reserves for public works to
1116 be used in times of business depression and unemployment; to
1117 promote the reemployment of the unemployed workers throughout
1118 the state in every other way that may be feasible; to refer a
1119 any claimant entitled to extended benefits to suitable work that
1120 which meets the criteria of this chapter; and, to these ends, to
1121 carry on and publish the results of investigations and research
1122 studies.
1123 Section 26. Subsection (1) of section 443.181, Florida
1124 Statutes, is amended to read:
1125 443.181 Public employment service.—
1126 (1) The one-stop delivery system established under s.
1127 445.009 is this state’s public employment service as part of the
1128 national system of public employment offices established under
1129 29 U.S.C. s. 49. The Department of Economic Opportunity, under
1130 policy direction from CareerSource Florida, Inc. Workforce
1131 Florida, Inc., shall cooperate with any official or agency of
1132 the United States having power or duties under 29 U.S.C. ss. 49
1133 49l-1 and shall perform those duties necessary to secure to this
1134 state the funds provided under federal law for the promotion and
1135 maintenance of the state’s public employment service. In
1136 accordance with 29 U.S.C. s. 49c, this state accepts 29 U.S.C.
1137 ss. 49-49l-1. The department is designated the state agency
1138 responsible for cooperating with the United States Secretary of
1139 Labor under 29 U.S.C. s. 49c. The department shall appoint
1140 sufficient employees to administer this section. The department
1141 may cooperate with or enter into agreements with the Railroad
1142 Retirement Board for the establishment, maintenance, and use of
1143 one-stop career centers.
1144 Section 27. Section 445.003, Florida Statutes, is amended
1145 to read:
1146 445.003 Implementation of the federal Workforce Investment
1147 Act of 1998.—
1148 (1) WORKFORCE INVESTMENT ACT PRINCIPLES.—The state’s
1149 approach to implementing the federal Workforce Investment Act of
1150 1998, Pub. L. No. 105-220, should have six elements:
1151 (a) Streamlining Services.—Florida’s employment and
1152 training programs must be coordinated and consolidated at
1153 locally managed one-stop delivery system centers.
1154 (b) Empowering Individuals.—Eligible participants will make
1155 informed decisions, choosing the qualified training program that
1156 best meets their needs.
1157 (c) Universal Access.—Through a one-stop delivery system,
1158 every Floridian will have access to employment services.
1159 (d) Increased Accountability.—The state, localities, and
1160 training providers will be held accountable for their
1161 performance.
1162 (e) Local Board and Private Sector Leadership.—Local boards
1163 will focus on strategic planning, policy development, and
1164 oversight of the local system, choosing local managers to direct
1165 the operational details of their one-stop delivery system
1166 centers.
1167 (f) Local Flexibility and Integration.—Localities will have
1168 exceptional flexibility to build on existing reforms. Unified
1169 planning will free local groups from conflicting
1170 micromanagement, while waivers and WorkFlex will allow local
1171 innovations.
1172 (2) FIVE-YEAR PLAN.—CareerSource Florida, Inc. Workforce
1173 Florida, Inc., shall prepare and submit a 5-year plan, which
1174 must include includes secondary career education, to fulfill the
1175 early implementation requirements of Pub. L. No. 105-220 and
1176 applicable state statutes. Mandatory and optional federal
1177 partners and optional federal partners shall be fully involved
1178 in designing the plan’s one-stop delivery system strategy. The
1179 plan shall detail a process to clearly define each program’s
1180 statewide duties and role relating to the system. Any optional
1181 federal partner may immediately choose to fully integrate its
1182 program’s plan with this plan, which shall, notwithstanding any
1183 other state provisions, fulfill all their state planning and
1184 reporting requirements as they relate to the one-stop delivery
1185 system. The plan must shall detail a process that would fully
1186 integrate all federally mandated and optional partners by the
1187 second year of the plan. All optional federal program partners
1188 in the planning process shall be mandatory participants in the
1189 second year of the plan.
1190 (3) FUNDING.—
1191 (a) Title I, Workforce Investment Act of 1998 funds;
1192 Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
1193 based on the 5-year plan of CareerSource Florida, Inc. Workforce
1194 Florida, Inc. The plan shall outline and direct the method used
1195 to administer and coordinate various funds and programs that are
1196 operated by various agencies. The following provisions shall
1197 also apply to these funds:
1198 1. At least 50 percent of the Title I funds for Adults and
1199 Dislocated Workers which that are passed through to regional
1200 workforce boards shall be allocated to and expended on
1201 Individual Training Accounts unless a regional workforce board
1202 obtains a waiver from CareerSource Florida, Inc. Workforce
1203 Florida, Inc. Tuition, books, and fees of training providers and
1204 other training services prescribed and authorized by the
1205 Workforce Investment Act of 1998 qualify as Individual Training
1206 Account expenditures.
1207 2. Fifteen percent of Title I funding shall be retained at
1208 the state level and shall be dedicated to state administration
1209 and shall be used to design, develop, induce, and fund
1210 innovative Individual Training Account pilots, demonstrations,
1211 and programs. Of such funds retained at the state level, $2
1212 million shall be reserved for the Incumbent Worker Training
1213 Program, created under subparagraph 3. Eligible state
1214 administration costs include the costs of: funding for the board
1215 and staff of CareerSource Florida, Inc. Workforce Florida, Inc.;
1216 operating fiscal, compliance, and management accountability
1217 systems through CareerSource Florida, Inc. Workforce Florida,
1218 Inc.; conducting evaluation and research on workforce
1219 development activities; and providing technical and capacity
1220 building assistance to regions at the direction of CareerSource
1221 Florida, Inc. Workforce Florida, Inc. Notwithstanding s.
1222 445.004, such administrative costs may shall not exceed 25
1223 percent of these funds. An amount not to exceed 75 percent of
1224 these funds shall be allocated to Individual Training Accounts
1225 and other workforce development strategies for other training
1226 designed and tailored by CareerSource Florida, Inc. Workforce
1227 Florida, Inc., including, but not limited to, programs for
1228 incumbent workers, displaced homemakers, nontraditional
1229 employment, and enterprise zones. CareerSource Florida, Inc.
1230 Workforce Florida, Inc., shall design, adopt, and fund
1231 Individual Training Accounts for distressed urban and rural
1232 communities.
1233 3. The Incumbent Worker Training Program is created for the
1234 purpose of providing grant funding for continuing education and
1235 training of incumbent employees at existing Florida businesses.
1236 The program will provide reimbursement grants to businesses that
1237 pay for preapproved, direct, training-related costs.
1238 a. The Incumbent Worker Training Program will be
1239 administered by CareerSource Florida, Inc. Workforce Florida,
1240 Inc. Workforce Florida, Inc., which may, at its discretion, may
1241 contract with a private business organization to serve as grant
1242 administrator.
1243 b. To be eligible for the program’s grant funding, a
1244 business must have been in operation in Florida for a minimum of
1245 1 year prior to the application for grant funding; have at least
1246 one full-time employee; demonstrate financial viability; and be
1247 current on all state tax obligations. Priority for funding shall
1248 be given to businesses with 25 employees or fewer, businesses in
1249 rural areas, businesses in distressed inner-city areas,
1250 businesses in a qualified targeted industry, businesses whose
1251 grant proposals represent a significant upgrade in employee
1252 skills, or businesses whose grant proposals represent a
1253 significant layoff avoidance strategy.
1254 c. All costs reimbursed by the program must be preapproved
1255 by CareerSource Florida, Inc. Workforce Florida, Inc., or the
1256 grant administrator. The program may will not reimburse
1257 businesses for trainee wages, the purchase of capital equipment,
1258 or the purchase of any item or service that may possibly be used
1259 outside the training project. A business approved for a grant
1260 may be reimbursed for preapproved, direct, training-related
1261 costs including tuition,; fees,; books and training materials,;
1262 and overhead or indirect costs not to exceed 5 percent of the
1263 grant amount.
1264 d. A business that is selected to receive grant funding
1265 must provide a matching contribution to the training project,
1266 including, but not limited to, wages paid to trainees or the
1267 purchase of capital equipment used in the training project; must
1268 sign an agreement with CareerSource Florida, Inc. Workforce
1269 Florida, Inc., or the grant administrator to complete the
1270 training project as proposed in the application; must keep
1271 accurate records of the project’s implementation process; and
1272 must submit monthly or quarterly reimbursement requests with
1273 required documentation.
1274 e. All Incumbent Worker Training Program grant projects
1275 shall be performance-based with specific measurable performance
1276 outcomes, including completion of the training project and job
1277 retention. CareerSource Florida, Inc. Workforce Florida, Inc.,
1278 or the grant administrator shall withhold the final payment to
1279 the grantee until a final grant report is submitted and all
1280 performance criteria specified in the grant contract have been
1281 achieved.
1282 f. CareerSource Florida, Inc. Workforce Florida, Inc., may
1283 establish guidelines necessary to implement the Incumbent Worker
1284 Training Program.
1285 g. No more than 10 percent of the Incumbent Worker Training
1286 Program’s total appropriation may be used for overhead or
1287 indirect purposes.
1288 4. At least 50 percent of Rapid Response funding shall be
1289 dedicated to Intensive Services Accounts and Individual Training
1290 Accounts for dislocated workers and incumbent workers who are at
1291 risk of dislocation. CareerSource Florida, Inc. Workforce
1292 Florida, Inc., shall also maintain an Emergency Preparedness
1293 Fund from Rapid Response funds, which will immediately issue
1294 Intensive Service Accounts, and Individual Training Accounts,
1295 and as well as other federally authorized assistance to eligible
1296 victims of natural or other disasters. At the direction of the
1297 Governor, for events that qualify under federal law, these Rapid
1298 Response funds shall be released to regional workforce boards
1299 for immediate use after events that qualify under federal law.
1300 Funding shall also be dedicated to maintain a unit at the state
1301 level to respond to Rapid Response emergencies and around the
1302 state, to work with state emergency management officials, and to
1303 work with regional workforce boards. All Rapid Response funds
1304 must be expended based on a plan developed by CareerSource
1305 Florida, Inc. Workforce Florida, Inc., and approved by the
1306 Governor.
1307 (b) The administrative entity for Title I, Workforce
1308 Investment Act of 1998 funds, and Rapid Response activities is,
1309 shall be the Department of Economic Opportunity, which shall
1310 provide direction to regional workforce boards regarding Title I
1311 programs and Rapid Response activities pursuant to the direction
1312 of CareerSource Florida, Inc. Workforce Florida, Inc.
1313 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
1314 MODIFICATIONS.—
1315 (a) CareerSource Florida, Inc. Workforce Florida, Inc., may
1316 provide indemnification from audit liabilities to regional
1317 workforce boards that act in full compliance with state law and
1318 board policy the board’s policies.
1319 (b) CareerSource Florida, Inc. Workforce Florida, Inc., may
1320 negotiate and settle all outstanding issues with the United
1321 States Department of Labor relating to decisions made by
1322 CareerSource Florida, Inc. Workforce Florida, Inc., any
1323 predecessor workforce organization, and the Legislature with
1324 regard to the Job Training Partnership Act, making settlements
1325 and closing out all JTPA program year grants.
1326 (c) CareerSource Florida, Inc. Workforce Florida, Inc., may
1327 make modifications to the state’s plan, policies, and procedures
1328 to comply with federally mandated requirements that in its
1329 judgment must be complied with to maintain funding provided
1330 pursuant to Pub. L. No. 105-220. The board shall provide written
1331 notice to notify in writing the Governor, the President of the
1332 Senate, and the Speaker of the House of Representatives within
1333 30 days after any such changes or modifications.
1334 (5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.
1335 CareerSource Florida, Inc. Workforce Florida, Inc., may
1336 recommend workforce-related divisions, bureaus, units, programs,
1337 duties, commissions, boards, and councils for elimination,
1338 consolidation, or privatization that can be eliminated,
1339 consolidated, or privatized.
1340 Section 28. Section 445.004, Florida Statutes, is amended
1341 to read:
1342 445.004 CareerSource Florida, Inc. Workforce Florida, Inc.;
1343 creation; purpose; membership; duties and powers.—
1344 (1) CareerSource Florida, Inc., There is created as a not
1345 for-profit corporation, to be known as “Workforce Florida,
1346 Inc.,” which shall be registered, incorporated, organized, and
1347 operated in compliance with chapter 617. CareerSource Florida,
1348 Inc., is not, and which shall not be a unit or entity of state
1349 government and is shall be exempt from chapters 120 and 287.
1350 CareerSource Florida, Inc. Workforce Florida, Inc., shall apply
1351 the procurement and expenditure procedures required by federal
1352 law for the expenditure of federal funds. CareerSource Florida,
1353 Inc. Workforce Florida, Inc., shall be administratively housed
1354 within the Department of Economic Opportunity; however,
1355 CareerSource Florida, Inc., is not Workforce Florida, Inc.,
1356 shall not be subject to control, supervision, or direction by
1357 the department in any manner. The Legislature finds determines,
1358 however, that public policy dictates that CareerSource Florida,
1359 Inc. Workforce Florida, Inc., operate in the most open and
1360 accessible manner consistent with its public purpose. To this
1361 end, the Legislature specifically declares that CareerSource
1362 Florida, Inc. Workforce Florida, Inc., its board, councils, and
1363 any advisory committees or similar groups created by
1364 CareerSource Florida, Inc. Workforce Florida, Inc., are subject
1365 to the provisions of chapter 119 relating to public records, and
1366 those provisions of chapter 286 relating to public meetings.
1367 (2) CareerSource Florida, Inc. Workforce Florida, Inc., is
1368 the principal workforce policy organization for the state. The
1369 purpose of CareerSource Florida, Inc. Workforce Florida, Inc.,
1370 is to design and implement strategies that help Floridians
1371 enter, remain in, and advance in the workplace, so that they may
1372 become becoming more highly skilled and successful, which
1373 benefits benefiting these Floridians, Florida businesses, and
1374 the entire state, and fosters the development of to assist in
1375 developing the state’s business climate.
1376 (3)(a) CareerSource Florida, Inc. Workforce Florida, Inc.,
1377 shall be governed by a board of directors, the number of
1378 directors to be determined by the Governor, whose membership and
1379 appointment must be consistent with Pub. L. No. 105-220, Title
1380 I, s. 111(b). Members described in Pub. L. No. 105-220, Title I,
1381 s. 111(b)(1)(C)(vi) shall be nonvoting members. The number of
1382 directors shall be determined by the Governor, who shall
1383 consider the importance of minority, gender, and geographic
1384 representation in shall be considered when making appointments
1385 to the board. The Governor, When the Governor is in attendance,
1386 he or she shall preside at all meetings of the board of
1387 directors.
1388 (b) The board of directors of CareerSource Florida, Inc.
1389 Workforce Florida, Inc., shall be chaired by a board member
1390 designated by the Governor pursuant to Pub. L. No. 105-220. A
1391 member may not and shall serve no more than two terms.
1392 (c) Members appointed by the Governor may serve no more
1393 than two terms and must be appointed for 3-year terms. However,
1394 in order to establish staggered terms for board members, the
1395 Governor shall appoint or reappoint one-third of the board
1396 members for 1-year terms, one-third of the board members for 2
1397 year terms, and one-third of the board members for 3-year terms
1398 beginning July 1, 2005. Subsequent appointments or
1399 reappointments shall be Following that date, the Governor shall
1400 appoint or reappoint board members for 3-year terms exclusively,
1401 except that, when a board member appointed to fill a vacancy on
1402 the board is replaced before the end of a 3-year term, the
1403 replacement shall be appointed to serve only the remainder of
1404 the that term of the member whom he or she is replacing, and,
1405 after which the replacement may be appointed for a subsequent
1406 full 3-year term. Private sector representatives of businesses,
1407 appointed by the Governor pursuant to Pub. L. No. 105-220, shall
1408 constitute a majority of the membership of the board. Private
1409 sector representatives shall be appointed from nominations
1410 received by the Governor, including, but not limited to, those
1411 nominations made by the President of the Senate and the Speaker
1412 of the House of Representatives. Private sector appointments to
1413 the board must shall be representative of the business community
1414 of this state; no fewer than one-half of the appointments to the
1415 board must be representative of small businesses, and at least
1416 five members must have economic development experience. Members
1417 appointed by the Governor serve at the pleasure of the Governor
1418 and are eligible for reappointment.
1419 (d) A member of the board of directors of CareerSource
1420 Florida, Inc. Workforce Florida, Inc., may be removed by the
1421 Governor for cause. Absence from three consecutive meetings
1422 results in automatic removal. The chair of CareerSource Florida,
1423 Inc. Workforce Florida, Inc., shall notify the Governor of such
1424 absences.
1425 (e) Representatives of businesses appointed to the board of
1426 directors may not include providers of workforce services.
1427 (4)(a) The president of CareerSource Florida, Inc.
1428 Workforce Florida, Inc., shall be hired by the board of
1429 directors of CareerSource Florida, Inc. Workforce Florida, Inc.,
1430 and shall serve at the pleasure of the Governor in the capacity
1431 of an executive director and secretary of CareerSource Florida,
1432 Inc. Workforce Florida, Inc.
1433 (b) The board of directors of CareerSource Florida, Inc.
1434 Workforce Florida, Inc., shall meet at least quarterly and at
1435 other times upon the call of its chair. The board and its
1436 committees, subcommittees, or other subdivisions may use any
1437 method of telecommunications to conduct meetings, including
1438 establishing a quorum through telecommunications, if provided
1439 that the public is given proper notice of the telecommunications
1440 meeting and is given reasonable access to observe and, if when
1441 appropriate, participate.
1442 (c) A majority of the total current membership of the board
1443 of directors of CareerSource Florida, Inc., constitutes
1444 Workforce Florida, Inc., comprises a quorum of the board.
1445 (d) A majority of those voting is required to organize and
1446 conduct the business of the board, except that a majority of the
1447 entire board of directors is required to adopt or amend the
1448 bylaws.
1449 (e) Except as delegated or authorized by the board of
1450 directors of CareerSource Florida, Inc. Workforce Florida, Inc.,
1451 individual members have no authority to control or direct the
1452 operations of CareerSource Florida, Inc. Workforce Florida,
1453 Inc., or the actions of its officers and employees, including
1454 the president.
1455 (f) Members of the board of directors of CareerSource
1456 Florida, Inc. Workforce Florida, Inc., and its committees shall
1457 serve without compensation, but these members, the president,
1458 and the all employees of CareerSource Florida, Inc. Workforce
1459 Florida, Inc., may be reimbursed for all reasonable, necessary,
1460 and actual expenses pursuant to s. 112.061.
1461 (g) The board of directors of CareerSource Florida, Inc.
1462 Workforce Florida, Inc., may establish an executive committee
1463 consisting of the chair and at least six additional board
1464 members selected by the chair, one of whom must be a
1465 representative of organized labor. The executive committee and
1466 the president shall have such authority as the board delegates
1467 to them it, except that the board of directors may not delegate
1468 to the executive committee authority to take action that
1469 requires approval by a majority of the entire board of
1470 directors.
1471 (h) The chair may appoint committees to fulfill the board’s
1472 its responsibilities, to comply with federal requirements, or to
1473 obtain technical assistance, and must incorporate members of
1474 regional workforce development boards into its structure.
1475 (i) Each member of the board of directors who is not
1476 otherwise required to file a financial disclosure pursuant to s.
1477 8, Art. II of the State Constitution or s. 112.3144 must file
1478 disclosure of financial interests pursuant to s. 112.3145.
1479 (5) CareerSource Florida, Inc. Workforce Florida, Inc.,
1480 shall have all the powers and authority, not explicitly
1481 prohibited by statute which are, necessary or convenient to
1482 carry out and effectuate its the purposes as determined by
1483 statute, Pub. L. No. 105-220, and the Governor, as well as its
1484 functions, duties, and responsibilities, including, but not
1485 limited to, the following:
1486 (a) Serving as the state’s Workforce Investment Board
1487 pursuant to Pub. L. No. 105-220. Unless otherwise required by
1488 federal law, at least 90 percent of the workforce development
1489 funding must go toward into direct customer service costs.
1490 (b) Providing oversight and policy direction to ensure that
1491 the following programs are administered by the department in
1492 compliance with approved plans and under contract with
1493 CareerSource Florida, Inc. Workforce Florida, Inc.:
1494 1. Programs authorized under Title I of the Workforce
1495 Investment Act of 1998, Pub. L. No. 105-220, with the exception
1496 of programs funded directly by the United States Department of
1497 Labor under Title I, s. 167.
1498 2. Programs authorized under the Wagner-Peyser Act of 1933,
1499 as amended, 29 U.S.C. ss. 49 et seq.
1500 3. Activities authorized under Title II of the Trade Act of
1501 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
1502 Adjustment Assistance Program.
1503 4. Activities authorized under 38 U.S.C., chapter 41,
1504 including job counseling, training, and placement for veterans.
1505 5. Employment and training activities carried out under
1506 funds awarded to this state by the United States Department of
1507 Housing and Urban Development.
1508 6. Welfare transition services funded by the Temporary
1509 Assistance for Needy Families Program, created under the
1510 Personal Responsibility and Work Opportunity Reconciliation Act
1511 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
1512 of the Social Security Act, as amended.
1513 7. Displaced homemaker programs, provided under s. 446.50.
1514 8. The Florida Bonding Program, provided under Pub. L. No.
1515 97-300, s. 164(a)(1).
1516 9. The Food Assistance Employment and Training Program,
1517 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
1518 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
1519 and the Hunger Prevention Act, Pub. L. No. 100-435.
1520 10. The Quick-Response Training Program, provided under ss.
1521 288.046-288.047. Matching funds and in-kind contributions that
1522 are provided by clients of the Quick-Response Training Program
1523 shall count toward the requirements of s. 288.904, pertaining to
1524 the return on investment from activities of Enterprise Florida,
1525 Inc.
1526 11. The Work Opportunity Tax Credit, provided under the Tax
1527 and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
1528 the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
1529 12. Offender placement services, provided under ss.
1530 944.707-944.708.
1531 (c) The department may adopt rules necessary to administer
1532 the provisions of this chapter which relate to implementing and
1533 administering the programs listed in paragraph (b) as well as
1534 rules related to eligible training providers and auditing and
1535 monitoring subrecipients of the workforce system grant funds.
1536 (d) Contracting with public and private entities as
1537 necessary to further the directives of this section. All
1538 contracts executed by CareerSource Florida, Inc. Workforce
1539 Florida, Inc., must include specific performance expectations
1540 and deliverables. All CareerSource Florida, Inc. Workforce
1541 Florida, Inc., contracts, including those solicited, managed, or
1542 paid by the department pursuant to s. 20.60(5)(c) are exempt
1543 from s. 112.061, but shall be governed by subsection (1).
1544 (e) Notifying the Governor, the President of the Senate,
1545 and the Speaker of the House of Representatives of noncompliance
1546 by the department or other agencies or obstruction of the
1547 board’s efforts by such agencies. Upon such notification, the
1548 Executive Office of the Governor shall assist agencies to bring
1549 them into compliance with board objectives.
1550 (f) Ensuring that the state does not waste valuable
1551 training resources. Thus, The board shall direct that all
1552 resources, including equipment purchased for training Workforce
1553 Investment Act clients, be available for use at all times by
1554 eligible populations as first priority users. At times when
1555 eligible populations are not available, such resources shall be
1556 used for any other state-authorized state authorized education
1557 and training purpose. CareerSource Florida, Inc. Workforce
1558 Florida, Inc., may authorize expenditures to award suitable
1559 framed certificates, pins, or other tokens of recognition for
1560 performance by a regional workforce board, its committees and
1561 subdivisions, and other units of the workforce system.
1562 CareerSource Florida, Inc. Workforce Florida, Inc., may also
1563 authorize expenditures for promotional items, such as t-shirts,
1564 hats, or pens printed with messages promoting the state’s
1565 workforce system to employers, job seekers, and program
1566 participants. However, such expenditures are subject to federal
1567 regulations applicable to the expenditure of federal funds.
1568 (g) Establishing Establish a dispute resolution process for
1569 all memoranda of understanding or other contracts or agreements
1570 entered into between the department and regional workforce
1571 boards.
1572 (h) Archiving records with the Bureau of Archives and
1573 Records Management of the Division of Library and Information
1574 Services of the Department of State.
1575 (6) CareerSource Florida, Inc. Workforce Florida, Inc., may
1576 take action that it deems necessary to achieve the purposes of
1577 this section, including, but not limited to:
1578 (a) Creating a state employment, education, and training
1579 policy that ensures that programs to prepare workers are
1580 responsive to present and future business and industry needs and
1581 complement the initiatives of Enterprise Florida, Inc.
1582 (b) Establishing policy direction for a funding system that
1583 provides incentives to improve the outcomes of career education,
1584 programs, and of registered apprenticeship, and work-based
1585 learning programs, and that focuses resources on occupations
1586 related to new or emerging industries that add greatly to the
1587 value of the state’s economy.
1588 (c) Establishing a comprehensive policy related to the
1589 education and training of target populations such as those who
1590 have disabilities, are economically disadvantaged, receive
1591 public assistance, are not proficient in English, or are
1592 dislocated workers. This approach should ensure the effective
1593 use of federal, state, local, and private resources in reducing
1594 the need for public assistance.
1595 (d) Designating Institutes of Applied Technology composed
1596 of public and private postsecondary institutions working
1597 together with business and industry to ensure that career
1598 education programs use the most advanced technology and
1599 instructional methods available and respond to the changing
1600 needs of business and industry.
1601 (e) Providing policy direction for a system to project and
1602 evaluate labor market supply and demand using the results of the
1603 Workforce Estimating Conference created in s. 216.136 and the
1604 career education performance standards identified under s.
1605 1008.43.
1606 (f) Reviewing the performance of public programs that are
1607 responsible for economic development, education, employment, and
1608 training. The review must include an analysis of the return on
1609 investment of these programs.
1610 (g) Expanding the occupations identified by the Workforce
1611 Estimating Conference to meet needs created by local emergencies
1612 or plant closings or to capture occupations within emerging
1613 industries.
1614 (7) By December 1 of each year, CareerSource Florida, Inc.
1615 Workforce Florida, Inc., shall submit to the Governor, the
1616 President of the Senate, the Speaker of the House of
1617 Representatives, the Senate Minority Leader, and the House
1618 Minority Leader a complete and detailed annual report setting
1619 forth:
1620 (a) All audits, including any the audit conducted under in
1621 subsection (8), if conducted.
1622 (b) The operations and accomplishments of the board,
1623 including the programs or entities specified listed in
1624 subsection (6).
1625 (8) The Auditor General may, Pursuant to his or her own
1626 authority or at the direction of the Legislative Auditing
1627 Committee, the Auditor General may conduct an audit of
1628 CareerSource Florida, Inc. Workforce Florida, Inc., or the
1629 programs or entities created by CareerSource Florida, Inc.
1630 Workforce Florida, Inc. The Office of Program Policy Analysis
1631 and Government Accountability, pursuant to its authority or at
1632 the direction of the Legislative Auditing Committee, may review
1633 the systems and controls related to performance outcomes and
1634 quality of services of CareerSource Florida, Inc. Workforce
1635 Florida, Inc.
1636 (9) CareerSource Florida, Inc. Workforce Florida, Inc., in
1637 collaboration with the regional workforce boards and appropriate
1638 state agencies and local public and private service providers,
1639 and in consultation with the Office of Program Policy Analysis
1640 and Government Accountability, shall establish uniform measures
1641 and standards to gauge the performance of the workforce
1642 development strategy. These measures and standards must be
1643 organized into three outcome tiers.
1644 (a) The first tier of measures must be organized to provide
1645 benchmarks for systemwide outcomes. CareerSource Florida, Inc.
1646 Workforce Florida, Inc., shall must, in collaboration with the
1647 Office of Program Policy Analysis and Government Accountability,
1648 establish goals for the tier-one outcomes. Systemwide outcomes
1649 may include employment in occupations demonstrating continued
1650 growth in wages; continued employment after 3, 6, 12, and 24
1651 months; reduction in and elimination of public assistance
1652 reliance; job placement; employer satisfaction; and positive
1653 return on investment of public resources.
1654 (b) The second tier of measures must be organized to
1655 provide a set of benchmark outcomes for the strategic components
1656 of the workforce development strategy. Cost per entered
1657 employment, earnings at placement, retention in employment, job
1658 placement, and entered employment rate must be included among
1659 the performance outcome measures.
1660 (c) The third tier of measures must be the operational
1661 output measures to be used by the agency implementing programs,
1662 which and it may be specific to federal requirements. The tier
1663 three measures must be developed by the agencies implementing
1664 programs, which and Workforce Florida, Inc., may consult with
1665 CareerSource Florida, Inc., be consulted in this effort. Such
1666 measures must be reported to CareerSource Florida, Inc.
1667 Workforce Florida, Inc., by the appropriate implementing agency.
1668 (d) Regional differences must be reflected in the
1669 establishment of performance goals and may include job
1670 availability, unemployment rates, average worker wage, and
1671 available employable population.
1672 (e) Job placement must be reported pursuant to s. 1008.39.
1673 Positive outcomes for providers of education and training must
1674 be consistent with ss. 1008.42 and 1008.43.
1675 (f) The uniform measures of success that are adopted by
1676 CareerSource Florida, Inc. Workforce Florida, Inc., or the
1677 regional workforce boards must be developed in a manner that
1678 provides for an equitable comparison of the relative success or
1679 failure of any service provider in terms of positive outcomes.
1680 (g) By December 1 of each year, CareerSource Florida, Inc.
1681 Workforce Florida, Inc., shall provide the Legislature with a
1682 report detailing the performance of Florida’s workforce
1683 development system, as reflected in the three-tier measurement
1684 system. The Additionally, this report also must benchmark
1685 Florida outcomes for, at all tiers as compared with, against
1686 other states that collect data similarly.
1687 (10) The workforce development strategy for the state shall
1688 be designed by CareerSource Florida, Inc. Workforce Florida,
1689 Inc. The strategy must include efforts that enlist business,
1690 education, and community support for students to achieve long
1691 term career goals, ensuring that young people have the academic
1692 and occupational skills required to succeed in the workplace.
1693 The strategy must also assist employers in upgrading or updating
1694 the skills of their employees and assisting workers to acquire
1695 the education or training needed to secure a better job with
1696 better wages. The strategy must assist the state’s efforts to
1697 attract and expand job-creating businesses offering high-paying,
1698 high-demand occupations.
1699 (11) The workforce development system must shall use a
1700 charter-process approach aimed at encouraging local design and
1701 control of service delivery and targeted activities.
1702 CareerSource Florida, Inc. Workforce Florida, Inc., shall be
1703 responsible for granting charters to regional workforce boards
1704 that have a membership consistent with the requirements of
1705 federal and state law and that have developed a plan consistent
1706 with the state’s workforce development strategy. The plan must
1707 specify methods for allocating the resources and programs in a
1708 manner that eliminates unwarranted duplication, minimizes
1709 administrative costs, meets the existing job market demands and
1710 the job market demands resulting from successful economic
1711 development activities, ensures access to quality workforce
1712 development services for all Floridians, allows for pro rata or
1713 partial distribution of benefits and services, prohibits the
1714 creation of a waiting list or other indication of an unserved
1715 population, serves as many individuals as possible within
1716 available resources, and maximizes successful outcomes. As part
1717 of the charter process, CareerSource Florida, Inc. Workforce
1718 Florida, Inc., shall establish incentives for effective
1719 coordination of federal and state programs, outline rewards for
1720 successful job placements, and institute collaborative
1721 approaches among local service providers. Local decisionmaking
1722 and control shall be important components for inclusion in this
1723 charter application.
1724 (12) CareerSource Florida, Inc. Workforce Florida, Inc.,
1725 shall enter into agreement with Space Florida and collaborate
1726 with vocational institutes, community colleges, colleges, and
1727 universities in this state, to develop a workforce development
1728 strategy to implement the workforce provisions of s. 331.3051.
1729 Section 29. Subsections (1) and (2), paragraph (g) of
1730 subsection (3), and paragraph (a) of subsection (6) of section
1731 445.006, Florida Statutes, are amended to read:
1732 445.006 Strategic and operational plans for workforce
1733 development.—
1734 (1) CareerSource Florida, Inc. Workforce Florida, Inc., in
1735 conjunction with state and local partners in the workforce
1736 system, shall develop a strategic plan that produces skilled
1737 employees for employers in the state. The strategic plan shall
1738 be updated or modified by January 1 of each year. The plan must
1739 include, but need not be limited to, strategies for:
1740 (a) Fulfilling the workforce system goals and strategies
1741 prescribed in s. 445.004;
1742 (b) Aggregating, integrating, and leveraging workforce
1743 system resources;
1744 (c) Coordinating the activities of federal, state, and
1745 local workforce system partners;
1746 (d) Addressing the workforce needs of small businesses; and
1747 (e) Fostering the participation of rural communities and
1748 distressed urban cores in the workforce system.
1749 (2) CareerSource Florida, Inc. Workforce Florida, Inc.,
1750 shall establish an operational plan to implement the state
1751 strategic plan. The operational plan shall be submitted to the
1752 Governor and the Legislature along with the strategic plan and
1753 must reflect the allocation of resources as appropriated by the
1754 Legislature to specific responsibilities enumerated in law. As a
1755 component of the operational plan required under this section,
1756 CareerSource Florida, Inc. Workforce Florida, Inc., shall
1757 develop a workforce marketing plan, with the goal of educating
1758 individuals inside and outside the state about the employment
1759 market and employment conditions in the state. The marketing
1760 plan must include, but need not be limited to, strategies for:
1761 (a) Distributing information to secondary and postsecondary
1762 education institutions about the diversity of businesses in the
1763 state, specific clusters of businesses or business sectors in
1764 the state, and occupations by industry which are in demand by
1765 employers in the state;
1766 (b) Distributing information about and promoting use of the
1767 Internet-based job matching and labor market information system
1768 authorized under s. 445.011; and
1769 (c) Coordinating with Enterprise Florida, Inc., to ensure
1770 that workforce marketing efforts complement the economic
1771 development marketing efforts of the state.
1772 (3) The operational plan must include performance measures,
1773 standards, measurement criteria, and contract guidelines in the
1774 following areas with respect to participants in the welfare
1775 transition program:
1776 (g) Other issues identified by the board of directors of
1777 CareerSource Florida, Inc. Workforce Florida, Inc.
1778 (6)(a) The operational plan must include strategies that
1779 are designed to prevent or reduce the need for a person to
1780 receive public assistance, including:
1781 1. A teen pregnancy prevention component that includes, but
1782 is not limited to, a plan for implementing the Teen Pregnancy
1783 Prevention Community Initiative within each county of the
1784 services area in which the teen birth rate is higher than the
1785 state average;
1786 2. A component that encourages community-based welfare
1787 prevention and reduction initiatives that increase support
1788 provided by noncustodial parents to their welfare-dependent
1789 children and are consistent with program and financial
1790 guidelines developed by CareerSource Florida, Inc. Workforce
1791 Florida, Inc., and the Commission on Responsible Fatherhood.
1792 These initiatives may include improved paternity establishment,
1793 work activities for noncustodial parents, programs aimed at
1794 decreasing out-of-wedlock pregnancies, encouraging involvement
1795 of fathers with their children which includes court-ordered
1796 supervised visitation, and increasing child support payments;
1797 3. A component that encourages formation and maintenance of
1798 two-parent families through, among other things, court-ordered
1799 supervised visitation;
1800 4. A component that fosters responsible fatherhood in
1801 families receiving assistance; and
1802 5. A component that fosters the provision of services that
1803 reduce the incidence and effects of domestic violence on women
1804 and children in families receiving assistance.
1805 Section 30. Subsections (3), (4), (5), (6), (7), (9), (10),
1806 (11), and (12) of section 445.007, Florida Statutes, are amended
1807 to read:
1808 445.007 Regional workforce boards.—
1809 (3) The Department of Economic Opportunity, under the
1810 direction of CareerSource Florida, Inc. Workforce Florida, Inc.,
1811 shall assign staff to meet with each regional workforce board
1812 annually to review the board’s performance and to certify that
1813 the board is in compliance with applicable state and federal
1814 law.
1815 (4) In addition to the duties and functions specified by
1816 CareerSource Florida, Inc. Workforce Florida, Inc., and by the
1817 interlocal agreement approved by the local county or city
1818 governing bodies, the regional workforce board shall have the
1819 following responsibilities:
1820 (a) Develop, submit, ratify, or amend the local plan
1821 pursuant to Pub. L. No. 105-220, Title I, s. 118, and the
1822 provisions of this act.
1823 (b) Conclude agreements necessary to designate the fiscal
1824 agent and administrative entity. A public or private entity,
1825 including an entity established pursuant to s. 163.01, which
1826 makes a majority of the appointments to a regional workforce
1827 board may serve as the board’s administrative entity if approved
1828 by CareerSource Florida, Inc. Workforce Florida, Inc., based
1829 upon a showing that a fair and competitive process was used to
1830 select the administrative entity.
1831 (c) Complete assurances required for the charter process of
1832 CareerSource Florida, Inc. Workforce Florida, Inc., and provide
1833 ongoing oversight related to administrative costs, duplicated
1834 services, career counseling, economic development, equal access,
1835 compliance and accountability, and performance outcomes.
1836 (d) Oversee the one-stop delivery system in its local area.
1837 (5) CareerSource Florida, Inc. Workforce Florida, Inc.,
1838 shall implement a training program for the regional workforce
1839 boards to familiarize board members with the state’s workforce
1840 development goals and strategies.
1841 (6) The regional workforce board shall designate all local
1842 service providers and may not transfer this authority to a third
1843 party. Consistent with the intent of the Workforce Investment
1844 Act, regional workforce boards should provide the greatest
1845 possible choice of training providers to those who qualify for
1846 training services. A regional workforce board may not restrict
1847 the choice of training providers based upon cost, location, or
1848 historical training arrangements. However, a board may restrict
1849 the amount of training resources available to any one client.
1850 Such restrictions may vary based upon the cost of training in
1851 the client’s chosen occupational area. The regional workforce
1852 board may be designated as a one-stop operator and direct
1853 provider of intake, assessment, eligibility determinations, or
1854 other direct provider services except training services. Such
1855 designation may occur only with the agreement of the chief
1856 elected official and the Governor as specified in 29 U.S.C. s.
1857 2832(f)(2). CareerSource Florida, Inc. Workforce Florida, Inc.,
1858 shall establish procedures by which a regional workforce board
1859 may request permission to operate under this section and the
1860 criteria under which such permission may be granted. The
1861 criteria shall include, but need not be limited to, a reduction
1862 in the cost of providing the permitted services. Such permission
1863 shall be granted for a period not to exceed 3 years for any
1864 single request submitted by the regional workforce board.
1865 (7) Regional workforce boards shall adopt a committee
1866 structure consistent with applicable federal law and state
1867 policies established by CareerSource Florida, Inc. Workforce
1868 Florida, Inc.
1869 (9) For purposes of procurement, regional workforce boards
1870 and their administrative entities are not state agencies and are
1871 exempt from chapters 120 and 287. The regional workforce boards
1872 shall apply the procurement and expenditure procedures required
1873 by federal law and policies of the Department of Economic
1874 Opportunity and CareerSource Florida, Inc. Workforce Florida,
1875 Inc., for the expenditure of federal, state, and nonpass-through
1876 funds. The making or approval of smaller, multiple payments for
1877 a single purchase with the intent to avoid or evade the monetary
1878 thresholds and procedures established by federal law and
1879 policies of the Department of Economic Opportunity and
1880 CareerSource Florida, Inc. Workforce Florida, Inc., is grounds
1881 for removal for cause. Regional workforce boards, their
1882 administrative entities, committees, and subcommittees, and
1883 other workforce units may authorize expenditures to award
1884 suitable framed certificates, pins, or other tokens of
1885 recognition for performance by units of the workforce system.
1886 Regional workforce boards; their administrative entities,
1887 committees, and subcommittees; and other workforce units may
1888 authorize expenditures for promotional items, such as t-shirts,
1889 hats, or pens printed with messages promoting Florida’s
1890 workforce system to employers, job seekers, and program
1891 participants. However, such expenditures are subject to federal
1892 regulations applicable to the expenditure of federal funds. All
1893 contracts executed by regional workforce boards must include
1894 specific performance expectations and deliverables.
1895 (10) State and federal funds provided to the regional
1896 workforce boards may not be used directly or indirectly to pay
1897 for meals, food, or beverages for board members, staff, or
1898 employees of regional workforce boards, CareerSource Florida,
1899 Inc. Workforce Florida, Inc., or the Department of Economic
1900 Opportunity except as expressly authorized by state law.
1901 Preapproved, reasonable, and necessary per diem allowances and
1902 travel expenses may be reimbursed. Such reimbursement shall be
1903 at the standard travel reimbursement rates established in s.
1904 112.061 and shall be in compliance with all applicable federal
1905 and state requirements. CareerSource Florida, Inc. Workforce
1906 Florida, Inc., shall develop a statewide fiscal policy
1907 applicable to the state board and all regional workforce boards,
1908 to hold both the state and regional boards strictly accountable
1909 for adherence to the policy and subject to regular and periodic
1910 monitoring by the Department of Economic Opportunity, the
1911 administrative entity for CareerSource Florida, Inc. Workforce
1912 Florida, Inc. Boards are prohibited from expending state or
1913 federal funds for entertainment costs and recreational
1914 activities for board members and employees as these terms are
1915 defined by 2 C.F.R. part 230.
1916 (11) To increase transparency and accountability, a
1917 regional workforce board must comply with the requirements of
1918 this section before contracting with a member of the board or a
1919 relative, as defined in s. 112.3143(1)(c), of a board member or
1920 of an employee of the board. Such contracts may not be executed
1921 before or without the approval of CareerSource Florida, Inc.
1922 Workforce Florida, Inc. Such contracts, as well as documentation
1923 demonstrating adherence to this section as specified by
1924 CareerSource Florida, Inc. Workforce Florida, Inc., must be
1925 submitted to the Department of Economic Opportunity for review
1926 and recommendation according to criteria to be determined by
1927 CareerSource Florida, Inc. Workforce Florida, Inc. Such a
1928 contract must be approved by a two-thirds vote of the board, a
1929 quorum having been established; all conflicts of interest must
1930 be disclosed before the vote; and any member who may benefit
1931 from the contract, or whose relative may benefit from the
1932 contract, must abstain from the vote. A contract under $25,000
1933 between a regional workforce board and a member of that board or
1934 between a relative, as defined in s. 112.3143(1)(c), of a board
1935 member or of an employee of the board is not required to have
1936 the prior approval of CareerSource Florida, Inc. Workforce
1937 Florida, Inc., but must be approved by a two-thirds vote of the
1938 board, a quorum having been established, and must be reported to
1939 the Department of Economic Opportunity and CareerSource Florida,
1940 Inc. Workforce Florida, Inc., within 30 days after approval. If
1941 a contract cannot be approved by CareerSource Florida, Inc.
1942 Workforce Florida, Inc., a review of the decision to disapprove
1943 the contract may be requested by the regional workforce board or
1944 other parties to the disapproved contract.
1945 (12) Each regional workforce board shall develop a budget
1946 for the purpose of carrying out the duties of the board under
1947 this section, subject to the approval of the chief elected
1948 official. Each regional workforce board shall submit its annual
1949 budget for review to CareerSource Florida, Inc. Workforce
1950 Florida, Inc., no later than 2 weeks after the chair approves
1951 the budget.
1952 Section 31. Subsections (1) and (4) of section 445.0071,
1953 Florida Statutes, are amended to read:
1954 445.0071 Florida Youth Summer Jobs Pilot Program.—
1955 (1) CREATION.—Contingent upon appropriations, there is
1956 created the Florida Youth Summer Jobs Pilot Program within
1957 workforce development district 22 served by the Broward
1958 Workforce Development Board. The board shall, in consultation
1959 with CareerSource Florida, Inc. Workforce Florida, Inc., provide
1960 a program offering at-risk and disadvantaged children summer
1961 jobs in partnership with local communities and public employers.
1962 (4) GOVERNANCE.—
1963 (a) The pilot program shall be administered by the regional
1964 workforce board in consultation with CareerSource Florida, Inc.
1965 Workforce Florida, Inc.
1966 (b) The regional workforce board shall report to
1967 CareerSource Florida, Inc. Workforce Florida, Inc., the number
1968 of at-risk and disadvantaged children who enter the program, the
1969 types of work activities they participate in, and the number of
1970 children who return to school, go on to postsecondary school, or
1971 enter the workforce full time at the end of the program.
1972 CareerSource Florida, Inc. Workforce Florida, Inc., shall report
1973 to the Legislature by November 1 of each year on the performance
1974 of the program.
1975 Section 32. Section 445.008, Florida Statutes, is amended
1976 to read:
1977 445.008 Workforce Training Institute.—
1978 (1) CareerSource Florida, Inc. Workforce Florida, Inc., may
1979 create the Workforce Training Institute, which shall be a
1980 comprehensive program of workforce training courses designed to
1981 meet the unique needs of, and shall include Internet-based
1982 training modules suitable for and made available to,
1983 professionals integral to the workforce system, including
1984 advisors and counselors in educational institutions.
1985 (2) CareerSource Florida, Inc. Workforce Florida, Inc., may
1986 enter into a contract for the provision of administrative
1987 support services for the institute and. Workforce Florida, Inc.,
1988 shall adopt policies for the administration and operation of the
1989 institute and establish admission fees in an amount which, in
1990 the aggregate, does not exceed the cost of the program.
1991 CareerSource Florida, Inc. Workforce Florida, Inc., may accept
1992 donations or grants of any type for any function or purpose of
1993 the institute.
1994 (3) All moneys, fees, donations, or grants collected by
1995 CareerSource Florida, Inc. Workforce Florida, Inc., under this
1996 section shall be applied to cover all costs incurred in
1997 establishing and conducting the workforce training programs
1998 authorized under this section, including, but not limited to,
1999 salaries for instructors and costs of materials connected to
2000 such programs.
2001 Section 33. Subsections (2) and (4), paragraph (b) of
2002 subsection (6), subsection (7), paragraphs (a), (c), and (d) of
2003 subsection (8), and subsection (9) of section 445.009, Florida
2004 Statutes, are amended to read:
2005 445.009 One-stop delivery system.—
2006 (2)(a) Subject to a process designed by CareerSource
2007 Florida, Inc. Workforce Florida, Inc., and in compliance with
2008 Pub. L. No. 105-220, regional workforce boards shall designate
2009 one-stop delivery system operators.
2010 (b) A regional workforce board may designate as its one
2011 stop delivery system operator any public or private entity that
2012 is eligible to provide services under any state or federal
2013 workforce program that is a mandatory or discretionary partner
2014 in the region’s one-stop delivery system if approved by
2015 CareerSource Florida, Inc. Workforce Florida, Inc., upon a
2016 showing by the regional workforce board that a fair and
2017 competitive process was used in the selection. As a condition of
2018 authorizing a regional workforce board to designate such an
2019 entity as its one-stop delivery system operator, CareerSource
2020 Florida, Inc. Workforce Florida, Inc., must require the regional
2021 workforce board to demonstrate that safeguards are in place to
2022 ensure that the one-stop delivery system operator will not
2023 exercise an unfair competitive advantage or unfairly refer or
2024 direct customers of the one-stop delivery system to services
2025 provided by that one-stop delivery system operator. A regional
2026 workforce board may retain its current One-Stop Career Center
2027 operator without further procurement action if where the board
2028 has an established a One-Stop Career Center that has complied
2029 with federal and state law.
2030 (4) One-stop delivery system partners shall enter into a
2031 memorandum of understanding pursuant to Pub. L. No. 105-220,
2032 Title I, s. 121, with the regional workforce board. Failure of a
2033 local partner to participate cannot unilaterally block the
2034 majority of partners from moving forward with their one-stop
2035 delivery system, and CareerSource Florida, Inc. Workforce
2036 Florida, Inc., pursuant to s. 445.004(5)(e), may make
2037 notification of a local partner that fails to participate.
2038 (6)
2039 (b) To expand electronic capabilities, CareerSource
2040 Florida, Inc. Workforce Florida, Inc., working with regional
2041 workforce boards, shall develop a centralized help center to
2042 assist regional workforce boards in fulfilling core services,
2043 minimizing the need for fixed-site one-stop delivery system
2044 centers.
2045 (7) Intensive services and training provided pursuant to
2046 Pub. L. No. 105-220, shall be provided to individuals through
2047 Intensive Service Accounts and Individual Training Accounts.
2048 CareerSource Florida, Inc. Workforce Florida, Inc., shall
2049 develop an implementation plan, including identification of
2050 initially eligible training providers, transition guidelines,
2051 and criteria for use of these accounts. Individual Training
2052 Accounts must be compatible with Individual Development Accounts
2053 for education allowed in federal and state welfare reform
2054 statutes.
2055 (8)(a) Individual Training Accounts must be expended on
2056 programs that prepare people to enter high-wage occupations
2057 identified by the Workforce Estimating Conference created by s.
2058 216.136, and on other programs as approved by CareerSource
2059 Florida, Inc. Workforce Florida, Inc.
2060 (c) CareerSource Florida, Inc. Workforce Florida, Inc.,
2061 shall periodically review Individual Training Account pricing
2062 schedules developed by regional workforce boards and present
2063 findings and recommendations for process improvement to the
2064 President of the Senate and the Speaker of the House of
2065 Representatives.
2066 (d) To the maximum extent possible, training providers
2067 shall use funding sources other than the funding provided under
2068 Pub. L. No. 105-220. CareerSource Florida, Inc. Workforce
2069 Florida, Inc., shall develop a system to encourage the
2070 leveraging of appropriated resources for the workforce system
2071 and shall report on such efforts as part of the required annual
2072 report.
2073 (9)(a) CareerSource Florida, Inc. Workforce Florida, Inc.,
2074 working with the department, shall coordinate among the agencies
2075 a plan for a One-Stop Electronic Network made up of one-stop
2076 delivery system centers and other partner agencies that are
2077 operated by authorized public or private for-profit or not-for
2078 profit agents. The plan shall identify resources within existing
2079 revenues to establish and support this electronic network for
2080 service delivery that includes Government Services Direct. If
2081 necessary, the plan shall identify additional funding needed to
2082 achieve the provisions of this subsection.
2083 (b) The network shall assure that a uniform method is used
2084 to determine eligibility for and management of services provided
2085 by agencies that conduct workforce development activities. The
2086 Department of Management Services shall develop strategies to
2087 allow access to the databases and information management systems
2088 of the following systems in order to link information in those
2089 databases with the one-stop delivery system:
2090 1. The Reemployment Assistance Program under chapter 443.
2091 2. The public employment service described in s. 443.181.
2092 3. The FLORIDA System and the components related to
2093 temporary cash assistance, food assistance, and Medicaid
2094 eligibility.
2095 4. The Student Financial Assistance System of the
2096 Department of Education.
2097 5. Enrollment in the public postsecondary education system.
2098 6. Other information systems determined appropriate by
2099 CareerSource Florida, Inc. Workforce Florida, Inc.
2100 Section 34. Section 445.011, Florida Statutes, is amended
2101 to read:
2102 445.011 Workforce information systems.—
2103 (1) CareerSource Florida, Inc. Workforce Florida, Inc.,
2104 shall implement, subject to legislative appropriation, automated
2105 information systems that are necessary for the efficient and
2106 effective operation and management of the workforce development
2107 system. These information systems shall include, but need not be
2108 limited to, the following:
2109 (a) An integrated management system for the one-stop
2110 service delivery system, which includes, at a minimum, common
2111 registration and intake, screening for needs and benefits, case
2112 planning and tracking, training benefits management, service and
2113 training provider management, performance reporting, executive
2114 information and reporting, and customer-satisfaction tracking
2115 and reporting.
2116 1. The system should report current budgeting, expenditure,
2117 and performance information for assessing performance related to
2118 outcomes, service delivery, and financial administration for
2119 workforce programs pursuant to s. 445.004(5) and (9).
2120 2. The information system should include auditable systems
2121 and controls to ensure financial integrity and valid and
2122 reliable performance information.
2123 3. The system should support service integration and case
2124 management by providing for case tracking for participants in
2125 welfare transition programs.
2126 (b) An automated job-matching information system that is
2127 accessible to employers, job seekers, and other users via the
2128 Internet, and that includes, at a minimum:
2129 1. Skill match information, including skill gap analysis;
2130 resume creation; job order creation; skill tests; job search by
2131 area, employer type, and employer name; and training provider
2132 linkage;
2133 2. Job market information based on surveys, including
2134 local, state, regional, national, and international occupational
2135 and job availability information; and
2136 3. Service provider information, including education and
2137 training providers, child care facilities and related
2138 information, health and social service agencies, and other
2139 providers of services that would be useful to job seekers.
2140 (2) In procuring workforce information systems,
2141 CareerSource Florida, Inc. Workforce Florida, Inc., shall employ
2142 competitive processes, including requests for proposals,
2143 competitive negotiation, and other competitive processes to
2144 ensure that the procurement results in the most cost-effective
2145 investment of state funds.
2146 (3) CareerSource Florida, Inc. Workforce Florida, Inc., may
2147 procure independent verification and validation services
2148 associated with developing and implementing any workforce
2149 information system.
2150 (4) CareerSource Florida, Inc. Workforce Florida, Inc.,
2151 shall coordinate development and implementation of workforce
2152 information systems with the executive director of the Agency
2153 for State Technology to ensure compatibility with the state’s
2154 information system strategy and enterprise architecture.
2155 Section 35. Subsections (1) and (3) of section 445.014,
2156 Florida Statutes, are amended to read:
2157 445.014 Small business workforce service initiative.—
2158 (1) Subject to legislative appropriation, CareerSource
2159 Florida, Inc. Workforce Florida, Inc., shall establish a program
2160 to encourage regional workforce development boards to establish
2161 one-stop delivery systems that maximize the provision of
2162 workforce and human-resource support services to small
2163 businesses. Under the program, a regional workforce board may
2164 apply, on a competitive basis, for funds to support the
2165 provision of such services to small businesses through the
2166 region’s one-stop delivery system.
2167 (3) CareerSource Florida, Inc. Workforce Florida, Inc.,
2168 shall establish guidelines governing the administration of this
2169 program and shall establish criteria to be used in evaluating
2170 applications for funding. Such criteria must include, but need
2171 not be limited to, a showing that the regional board has in
2172 place a detailed plan for establishing a one-stop delivery
2173 system designed to meet the workforce needs of small businesses
2174 and for leveraging other funding sources in support of such
2175 activities.
2176 Section 36. Subsection (5) of section 445.016, Florida
2177 Statutes, is amended to read:
2178 445.016 Untried Worker Placement and Employment Incentive
2179 Act.—
2180 (5) Incentives must be paid according to the incentive
2181 schedule developed by CareerSource Florida, Inc. Workforce
2182 Florida, Inc., the Department of Economic Opportunity, and the
2183 Department of Children and Families which costs the state less
2184 per placement than the state’s 12-month expenditure on a welfare
2185 recipient.
2186 Section 37. Subsections (2) and (4) of section 445.021,
2187 Florida Statutes, are amended to read:
2188 445.021 Relocation assistance program.—
2189 (2) The relocation assistance program shall involve five
2190 steps by the regional workforce board, in cooperation with the
2191 Department of Children and Families:
2192 (a) A determination that the family is receiving temporary
2193 cash assistance or that all requirements of eligibility for
2194 diversion services would likely be met.
2195 (b) A determination that there is a basis for believing
2196 that relocation will contribute to the ability of the applicant
2197 to achieve self-sufficiency. For example, the applicant:
2198 1. Is unlikely to achieve economic self-sufficiency at the
2199 current community of residence;
2200 2. Has secured a job that provides an increased salary or
2201 improved benefits and that requires relocation to another
2202 community;
2203 3. Has a family support network that will contribute to job
2204 retention in another community;
2205 4. Is determined, pursuant to criteria or procedures
2206 established by the board of directors of CareerSource Florida,
2207 Inc. Workforce Florida, Inc., to be a victim of domestic
2208 violence who would experience reduced probability of further
2209 incidents through relocation; or
2210 5. Must relocate in order to receive education or training
2211 that is directly related to the applicant’s employment or career
2212 advancement.
2213 (c) Establishment of a relocation plan that includes such
2214 requirements as are necessary to prevent abuse of the benefit
2215 and provisions to protect the safety of victims of domestic
2216 violence and avoid provisions that place them in anticipated
2217 danger. The payment to defray relocation expenses shall be
2218 determined based on criteria approved by the board of directors
2219 of CareerSource Florida, Inc. Workforce Florida, Inc.
2220 Participants in the relocation program shall be eligible for
2221 diversion or transitional benefits.
2222 (d) A determination, pursuant to criteria adopted by the
2223 board of directors of CareerSource Florida, Inc. Workforce
2224 Florida, Inc., that a community receiving a relocated family has
2225 the capacity to provide needed services and employment
2226 opportunities.
2227 (e) Monitoring the relocation.
2228 (4) The board of directors of CareerSource Florida, Inc.
2229 Workforce Florida, Inc., may establish criteria for developing
2230 and implementing relocation plans and for drafting agreements to
2231 restrict a family from applying for temporary cash assistance
2232 for a specified period after receiving a relocation assistance
2233 payment.
2234 Section 38. Section 445.022, Florida Statutes, is amended
2235 to read:
2236 445.022 Retention Incentive Training Accounts.—To promote
2237 job retention and to enable upward job advancement into higher
2238 skilled, higher paying employment, the board of directors of
2239 CareerSource Florida, Inc. Workforce Florida, Inc., and the
2240 regional workforce boards may assemble, from postsecondary
2241 education institutions, a list of programs and courses offered
2242 by postsecondary educational institutions which may be available
2243 to for participants who have become employed to which promote
2244 job retention and advancement.
2245 (1) The board of directors of CareerSource Florida, Inc.
2246 Workforce Florida, Inc., may establish Retention Incentive
2247 Training Accounts (RITAs) to use. RITAs shall utilize Temporary
2248 Assistance to Needy Families (TANF) block grant funds
2249 specifically appropriated for this purpose. RITAs must
2250 complement the Individual Training Account required by the
2251 federal Workforce Investment Act of 1998, Pub. L. No. 105-220.
2252 (2) RITAs may pay for tuition, fees, educational materials,
2253 coaching and mentoring, performance incentives, transportation
2254 to and from courses, child care costs during education courses,
2255 and other such costs as the regional workforce boards determine
2256 are necessary to effect successful job retention and
2257 advancement.
2258 (3) Regional workforce boards shall retain only those
2259 courses that continue to meet their performance standards as
2260 established in their local plan.
2261 (4) Regional workforce boards shall report annually to the
2262 Legislature on the measurable retention and advancement success
2263 of each program provider and the effectiveness of RITAs, making
2264 recommendations for any needed changes or modifications.
2265 Section 39. Paragraph (e) of subsection (5) of section
2266 445.024, Florida Statutes, is amended to read:
2267 445.024 Work requirements.—
2268 (5) USE OF CONTRACTS.—Regional workforce boards shall
2269 provide work activities, training, and other services, as
2270 appropriate, through contracts. In contracting for work
2271 activities, training, or services, the following applies:
2272 (e) The administrative costs associated with a contract for
2273 services provided under this section may not exceed the
2274 applicable administrative cost ceiling established in federal
2275 law. An agency or entity that is awarded a contract under this
2276 section may not charge more than 7 percent of the value of the
2277 contract for administration, unless an exception is approved by
2278 the regional workforce board. A list of any exceptions approved
2279 must be submitted to the board of directors of CareerSource
2280 Florida, Inc. Workforce Florida, Inc., for review, and the board
2281 may rescind approval of the exception.
2282 Section 40. Subsection (6) of section 445.026, Florida
2283 Statutes, is amended to read:
2284 445.026 Cash assistance severance benefit.—An individual
2285 who meets the criteria listed in this section may choose to
2286 receive a lump-sum payment in lieu of ongoing cash assistance
2287 payments, provided the individual:
2288 (6) Signs an agreement not to apply for or accept cash
2289 assistance for 6 months after receipt of the one-time payment.
2290 In the event of an emergency, such agreement shall provide for
2291 an exception to this restriction, provided that the one-time
2292 payment shall be deducted from any cash assistance for which the
2293 family subsequently is approved. This deduction may be prorated
2294 over an 8-month period. The board of directors of CareerSource
2295 Florida, Inc. Workforce Florida, Inc., shall adopt criteria
2296 defining the conditions under which a family may receive cash
2297 assistance due to such emergency.
2298
2299 Such individual may choose to accept a one-time, lump-sum
2300 payment of $1,000 in lieu of receiving ongoing cash assistance.
2301 Such payment shall only count toward the time limitation for the
2302 month in which the payment is made in lieu of cash assistance. A
2303 participant choosing to accept such payment shall be terminated
2304 from cash assistance. However, eligibility for Medicaid, food
2305 assistance, or child care shall continue, subject to the
2306 eligibility requirements of those programs.
2307 Section 41. Section 445.028, Florida Statutes, is amended
2308 to read:
2309 445.028 Transitional benefits and services.—In cooperation
2310 with CareerSource Florida, Inc. Workforce Florida, Inc., the
2311 Department of Children and Families shall develop procedures to
2312 ensure that families leaving the temporary cash assistance
2313 program receive transitional benefits and services that will
2314 assist the family in moving toward self-sufficiency. At a
2315 minimum, such procedures must include, but are not limited to,
2316 the following:
2317 (1) Each recipient of cash assistance who is determined
2318 ineligible for cash assistance for a reason other than a work
2319 activity sanction shall be contacted by the workforce system
2320 case manager and provided information about the availability of
2321 transitional benefits and services. Such contact shall be
2322 attempted prior to closure of the case management file.
2323 (2) Each recipient of temporary cash assistance who is
2324 determined ineligible for cash assistance due to noncompliance
2325 with the work activity requirements shall be contacted and
2326 provided information in accordance with s. 414.065(1).
2327 (3) The department, in consultation with the board of
2328 directors of CareerSource Florida, Inc. Workforce Florida, Inc.,
2329 shall develop informational material, including posters and
2330 brochures, to better inform families about the availability of
2331 transitional benefits and services.
2332 (4) CareerSource Florida, Inc. Workforce Florida, Inc., in
2333 cooperation with the Department of Children and Families shall,
2334 to the extent permitted by federal law, develop procedures to
2335 maximize the utilization of transitional Medicaid by families
2336 who leave the temporary cash assistance program.
2337 Section 42. Section 445.030, Florida Statutes, is amended
2338 to read:
2339 445.030 Transitional education and training.—In order to
2340 assist former recipients of temporary cash assistance who are
2341 working or actively seeking employment in continuing their
2342 training and upgrading their skills, education, or training,
2343 support services may be provided for up to 2 years after the
2344 family is no longer receiving temporary cash assistance. This
2345 section does not constitute an entitlement to transitional
2346 education and training. If funds are not sufficient to provide
2347 services under this section, the board of directors of
2348 CareerSource Florida, Inc. Workforce Florida, Inc., may limit or
2349 otherwise prioritize transitional education and training.
2350 (1) Education or training resources available in the
2351 community at no additional cost shall be used whenever possible.
2352 (2) Regional workforce boards may authorize child care or
2353 other support services in addition to services provided in
2354 conjunction with employment. For example, a participant who is
2355 employed full time may receive child care services related to
2356 that employment and may also receive additional child care
2357 services in conjunction with training to upgrade the
2358 participant’s skills.
2359 (3) Transitional education or training must be job-related,
2360 but may include training to improve job skills in a
2361 participant’s existing area of employment or may include
2362 training to prepare a participant for employment in another
2363 occupation.
2364 (4) A regional workforce board may enter into an agreement
2365 with an employer to share the costs relating to upgrading the
2366 skills of participants hired by the employer. For example, a
2367 regional workforce board may agree to provide support services
2368 such as transportation or a wage subsidy in conjunction with
2369 training opportunities provided by the employer.
2370 Section 43. Section 445.033, Florida Statutes, is amended
2371 to read:
2372 445.033 Evaluation.—The board of directors of CareerSource
2373 Florida, Inc. Workforce Florida, Inc., and the Department of
2374 Children and Families shall arrange for evaluation of TANF
2375 funded programs operated under this chapter, as follows:
2376 (1) If required by federal waivers or other federal
2377 requirements, the board of directors of CareerSource Florida,
2378 Inc. Workforce Florida, Inc., and the department may provide for
2379 evaluation according to these requirements.
2380 (2) The board of directors of CareerSource Florida, Inc.
2381 Workforce Florida, Inc., and the department shall participate in
2382 the evaluation of this program in conjunction with evaluation of
2383 the state’s workforce development programs or similar activities
2384 aimed at evaluating program outcomes, cost-effectiveness, or
2385 return on investment, and the impact of time limits, sanctions,
2386 and other welfare reform measures set out in this chapter.
2387 Evaluation shall also contain information on the number of
2388 participants in work experience assignments who obtain
2389 unsubsidized employment, including, but not limited to, the
2390 length of time the unsubsidized job is retained, wages, and the
2391 public benefits, if any, received by such families while in
2392 unsubsidized employment. The evaluation must shall solicit the
2393 input of consumers, community-based organizations, service
2394 providers, employers, and the general public, and must shall
2395 publicize, especially in low-income communities, the process for
2396 submitting comments.
2397 (3) The board of directors of CareerSource Florida, Inc.
2398 Workforce Florida, Inc., and the department may share
2399 information with and develop protocols for information exchange
2400 with the Florida Education and Training Placement Information
2401 Program.
2402 (4) The board of directors of CareerSource Florida, Inc.
2403 Workforce Florida, Inc., and the department may initiate or
2404 participate in additional evaluation or assessment activities
2405 that will further the systematic study of issues related to
2406 program goals and outcomes.
2407 (5) In providing for evaluation activities, the board of
2408 directors of CareerSource Florida, Inc. Workforce Florida, Inc.,
2409 and the department shall safeguard the use or disclosure of
2410 information obtained from program participants consistent with
2411 federal or state requirements. Evaluation methodologies may be
2412 used which are appropriate for evaluation of program activities,
2413 including random assignment of recipients or participants into
2414 program groups or control groups. To the extent necessary or
2415 appropriate, evaluation data shall provide information with
2416 respect to the state, district, or county, or other substate
2417 area.
2418 (6) The board of directors of CareerSource Florida, Inc.
2419 Workforce Florida, Inc., and the department may contract with a
2420 qualified organization for evaluations conducted under this
2421 section.
2422 Section 44. Section 445.035, Florida Statutes, is amended
2423 to read:
2424 445.035 Data collection and reporting.—The Department of
2425 Children and Families and the board of directors of CareerSource
2426 Florida, Inc. Workforce Florida, Inc., shall collect data
2427 necessary to administer this chapter and make the reports
2428 required under federal law to the United States Department of
2429 Health and Human Services and the United States Department of
2430 Agriculture.
2431 Section 45. Section 445.038, Florida Statutes, is amended
2432 to read:
2433 445.038 Digital media; job training.—CareerSource Florida,
2434 Inc. Workforce Florida, Inc., through the Department of Economic
2435 Opportunity, may use funds dedicated for incumbent worker
2436 training for the digital media industry. Training may be
2437 provided by public or private training providers for broadband
2438 digital media jobs listed on the targeted occupations list
2439 developed by the Workforce Estimating Conference or CareerSource
2440 Florida, Inc. Workforce Florida, Inc. Programs that operate
2441 outside the normal semester time periods and coordinate the use
2442 of industry and public resources should be given priority status
2443 for funding.
2444 Section 46. Section 445.045, Florida Statutes, is amended
2445 to read:
2446 445.045 Development of an Internet-based system for
2447 information technology industry promotion and workforce
2448 recruitment.—
2449 (1) CareerSource Florida, Inc. Workforce Florida, Inc., is
2450 responsible for directing the development and maintenance of a
2451 website that promotes and markets the information technology
2452 industry in this state. The website shall be designed to inform
2453 the public concerning the scope of the information technology
2454 industry in the state and shall also be designed to address the
2455 workforce needs of the industry. The website must shall include,
2456 through links or actual content, information concerning
2457 information technology businesses in this state, including links
2458 to such businesses; information concerning employment available
2459 at these businesses; and the means by which a job seeker may
2460 post a resume on the website.
2461 (2) CareerSource Florida, Inc. Workforce Florida, Inc.,
2462 shall coordinate with the Agency for State Technology and the
2463 Department of Economic Opportunity to ensure links, as where
2464 feasible and appropriate, to existing job information websites
2465 maintained by the state and state agencies and to ensure that
2466 information technology positions offered by the state and state
2467 agencies are posted on the information technology website.
2468 (3) CareerSource Florida, Inc. Workforce Florida, Inc.,
2469 shall ensure that the website developed and maintained under
2470 this section is consistent, compatible, and coordinated with the
2471 workforce information systems required under s. 445.011,
2472 including, but not limited to, the automated job-matching
2473 information system for employers, job seekers, and other users.
2474 (4)(a) CareerSource Florida, Inc. Workforce Florida, Inc.,
2475 shall coordinate development and maintenance of the website
2476 under this section with the executive director of the Agency for
2477 State Technology to ensure compatibility with the state’s
2478 information system strategy and enterprise architecture.
2479 (b) CareerSource Florida, Inc. Workforce Florida, Inc., may
2480 enter into an agreement with the Agency for State Technology,
2481 the Department of Economic Opportunity, or any other public
2482 agency with the requisite information technology expertise for
2483 the provision of design, operating, or other technological
2484 services necessary to develop and maintain the website.
2485 (c) CareerSource Florida, Inc. Workforce Florida, Inc., may
2486 procure services necessary to implement this section, if it
2487 employs competitive processes, including requests for proposals,
2488 competitive negotiation, and other competitive processes to
2489 ensure that the procurement results in the most cost-effective
2490 investment of state funds.
2491 (5) In furtherance of the requirements of this section that
2492 the website promote and market the information technology
2493 industry by communicating information on the scope of the
2494 industry in this state, CareerSource Florida, Inc. Workforce
2495 Florida, Inc., shall coordinate its efforts with the high
2496 technology industry marketing efforts of Enterprise Florida,
2497 Inc., under s. 288.911. Through links or actual content, the
2498 website developed under this section shall serve as a forum for
2499 distributing the marketing campaign developed by Enterprise
2500 Florida, Inc., under s. 288.911. In addition, CareerSource
2501 Florida, Inc. Workforce Florida, Inc., shall solicit input from
2502 the not-for-profit corporation created to advocate on behalf of
2503 the information technology industry as an outgrowth of the
2504 Information Service Technology Development Task Force created
2505 under chapter 99-354, Laws of Florida.
2506 (6) In fulfilling its responsibilities under this section,
2507 CareerSource Florida, Inc. Workforce Florida, Inc., may enlist
2508 the assistance of and act through the Department of Economic
2509 Opportunity. The department is authorized and directed to
2510 provide the services that CareerSource Florida, Inc. Workforce
2511 Florida, Inc., and the department consider necessary to
2512 implement this section.
2513 Section 47. Section 445.048, Florida Statutes, is amended
2514 to read:
2515 445.048 Passport to Economic Progress program.—
2516 (1) AUTHORIZATION.—Notwithstanding any law to the contrary,
2517 CareerSource Florida, Inc. Workforce Florida, Inc., in
2518 conjunction with the Department of Children and Families and the
2519 Department of Economic Opportunity, shall implement a Passport
2520 to Economic Progress program consistent with the provisions of
2521 this section. CareerSource Florida, Inc. Workforce Florida,
2522 Inc., may designate regional workforce boards to participate in
2523 the program. Expenses for the program may come from appropriated
2524 revenues or from funds otherwise available to a regional
2525 workforce board which may be legally used for such purposes.
2526 CareerSource Florida, Inc. Workforce Florida, Inc., must consult
2527 with the applicable regional workforce boards and the applicable
2528 local offices of the Department of Children and Families which
2529 serve the program areas and must encourage community input into
2530 the implementation process.
2531 (2) WAIVERS.—If CareerSource Florida, Inc. Workforce
2532 Florida, Inc., in consultation with the Department of Children
2533 and Families, finds that federal waivers would facilitate
2534 implementation of the program, the department shall immediately
2535 request such waivers, and CareerSource Florida, Inc. Workforce
2536 Florida, Inc., shall report to the Governor, the President of
2537 the Senate, and the Speaker of the House of Representatives if
2538 any refusal of the federal government to grant such waivers
2539 prevents the implementation of the program. If CareerSource
2540 Florida, Inc. Workforce Florida, Inc., finds that federal
2541 waivers to provisions of the Food Assistance Program would
2542 facilitate implementation of the program, the Department of
2543 Children and Families shall immediately request such waivers in
2544 accordance with s. 414.175.
2545 (3) TRANSITIONAL BENEFITS AND SERVICES.—In order to assist
2546 them in making the transition to economic self-sufficiency,
2547 former recipients of temporary cash assistance participating in
2548 the passport program shall be eligible for the following
2549 benefits and services:
2550 (a) Notwithstanding the time period specified in s.
2551 445.030, transitional education and training support services as
2552 specified in s. 445.030 for up to 4 years after the family is no
2553 longer receiving temporary cash assistance;
2554 (b) Notwithstanding the time period specified in s.
2555 445.031, transitional transportation support services as
2556 specified in s. 445.031 for up to 4 years after the family is no
2557 longer receiving temporary cash assistance; and
2558 (c) Notwithstanding the time period specified in s.
2559 445.032, transitional child care as specified in s. 445.032 for
2560 up to 4 years after the family is no longer receiving temporary
2561 cash assistance.
2562
2563 All other provisions of ss. 445.030, 445.031, and 445.032 shall
2564 apply to such individuals, as appropriate. This subsection does
2565 not constitute an entitlement to transitional benefits and
2566 services. If funds are insufficient to provide benefits and
2567 services under this subsection, the board of directors of
2568 CareerSource Florida, Inc. Workforce Florida, Inc., or its
2569 agent, may limit such benefits and services or otherwise
2570 establish priorities for the provisions of such benefits and
2571 services.
2572 (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.—
2573 (a) The Legislature finds that:
2574 1. There are former recipients of temporary cash assistance
2575 and families who are eligible for temporary assistance for needy
2576 families who are working full time but whose incomes are below
2577 200 percent of the federal poverty level.
2578 2. Having incomes below 200 percent of the federal poverty
2579 level makes such individuals particularly vulnerable to reliance
2580 on public assistance despite their best efforts to achieve or
2581 maintain economic independence through employment.
2582 3. It is necessary to implement a performance-based program
2583 that defines economic incentives for achieving specific
2584 benchmarks toward self-sufficiency while the individual is
2585 working full time.
2586 (b) CareerSource Florida, Inc. Workforce Florida, Inc., in
2587 cooperation with the Department of Children and Families and the
2588 Department of Economic Opportunity, shall offer performance
2589 based incentive bonuses as a component of the Passport to
2590 Economic Progress program. The bonuses do not represent a
2591 program entitlement and are shall be contingent on achieving
2592 specific benchmarks prescribed in the self-sufficiency plan. If
2593 the funds appropriated for this purpose are insufficient to
2594 provide this financial incentive, the board of directors of
2595 CareerSource Florida, Inc. Workforce Florida, Inc., may reduce
2596 or suspend the bonuses in order not to exceed the appropriation
2597 or may direct the regional boards to use resources otherwise
2598 given to the regional workforce to pay such bonuses if such
2599 payments comply with applicable state and federal laws.
2600 (c) To be eligible for an incentive bonus under this
2601 subsection, an individual must:
2602 1. Be a former recipient of temporary cash assistance who
2603 last received such assistance on or after January 1, 2000, or be
2604 part of a family that is eligible for temporary assistance for
2605 needy families;
2606 2. Be employed full time, which for the purposes of this
2607 subsection means employment averaging at least 32 hours per
2608 week, until the United States Congress enacts legislation
2609 reauthorizing the Temporary Assistance for Needy Families block
2610 grant and, after the reauthorization, means employment complying
2611 with the employment requirements of the reauthorization; and
2612 3. Have an average family income for the 6 months preceding
2613 the date of application for an incentive bonus which is less
2614 than 200 percent of the federal poverty level.
2615 (5) EVALUATIONS AND RECOMMENDATIONS.—CareerSource Florida,
2616 Inc. Workforce Florida, Inc., in conjunction with the Department
2617 of Children and Families, the Department of Economic
2618 Opportunity, and the regional workforce boards, shall conduct a
2619 comprehensive evaluation of the effectiveness of the program
2620 operated under this section. Evaluations and recommendations for
2621 the program shall be submitted by CareerSource Florida, Inc.
2622 Workforce Florida, Inc., as part of its annual report to the
2623 Legislature.
2624 (6) CONFLICTS.—If there is a conflict between the
2625 implementation procedures described in this section and federal
2626 requirements and regulations, federal requirements and
2627 regulations shall control.
2628 Section 48. Subsections (6), (8), (11), and (13) of section
2629 445.051, Florida Statutes, are amended to read:
2630 445.051 Individual development accounts.—
2631 (6) CareerSource Florida, Inc. The Workforce Florida, Inc.,
2632 shall establish procedures for regional workforce boards to
2633 include in their annual program and financial plan an
2634 application to offer an individual development account program
2635 as part of their TANF allocation. These procedures must shall
2636 include, but need not be limited to, administrative costs
2637 permitted for the fiduciary organization and policies relative
2638 to identifying the match ratio and limits on the deposits for
2639 which the match will be provided in the application process.
2640 CareerSource Florida, Inc. Workforce Florida, Inc., shall
2641 establish policies and procedures that are necessary to ensure
2642 that funds held in an individual development account are not
2643 withdrawn except for one or more of the qualified purposes
2644 described in this section.
2645 (8) CareerSource Florida, Inc. Workforce Florida, Inc.,
2646 shall establish procedures for controlling the withdrawal of
2647 funds for uses other than qualified purposes, including
2648 specifying conditions under which an account must be closed.
2649 (11) Financial institutions approved by CareerSource
2650 Florida, Inc. Workforce Florida, Inc., may establish individual
2651 development accounts pursuant to this section. A financial
2652 institution shall certify the establishment of the individual
2653 development accounts in accordance with the forms,
2654 documentation, and requirements prescribed by CareerSource
2655 Florida, Inc. Workforce Florida, Inc.
2656 (13) Pursuant to policy direction by CareerSource Florida,
2657 Inc. Workforce Florida, Inc., the Department of Economic
2658 Opportunity shall adopt such rules as are necessary to implement
2659 this act.
2660 Section 49. Subsection (2), paragraph (e) of subsection
2661 (3), and subsection (4) of section 445.055, Florida Statutes,
2662 are amended to read:
2663 445.055 Employment advocacy and assistance program
2664 targeting military spouses and dependents.—
2665 (2) CareerSource Florida, Inc. Workforce Florida, Inc.,
2666 shall establish an employment advocacy and assistance program
2667 targeting military spouses and dependents. This program shall
2668 deliver employment assistance services through military family
2669 employment advocates colocated within selected one-stop career
2670 centers. Persons eligible for assistance through this program
2671 shall include spouses and dependents of active duty military
2672 personnel, Florida National Guard members, and military
2673 reservists.
2674 (3) Military family employment advocates are responsible
2675 for providing the following services and activities:
2676 (e) Other employment assistance services CareerSource
2677 Florida, Inc. Workforce Florida, Inc., deems necessary.
2678 (4) CareerSource Florida, Inc. Workforce Florida, Inc., may
2679 enter into agreements with public and private entities to
2680 provide services authorized under this section.
2681 Section 50. Section 446.41, Florida Statutes, is amended to
2682 read:
2683 446.41 Legislative intent with respect to rural workforce
2684 training and development; establishment of Rural Workforce
2685 Services Program.—In order that the state may achieve its full
2686 economic and social potential, consideration must be given to
2687 rural workforce training and development to enable those living
2688 in its rural areas citizens as well as urban citizens to develop
2689 their maximum capacities and participate productively in our
2690 society. It is, therefore, the policy of the state to make
2691 available those services needed to assist individuals and
2692 communities in rural areas to improve their quality of life. It
2693 is with a great sense of urgency that a Rural Workforce Services
2694 Program is established within the Department of Economic
2695 Opportunity, under the direction of CareerSource Florida, Inc.
2696 Workforce Florida, Inc., to provide equal access to all manpower
2697 training programs available to rural as well as urban areas.
2698 Section 51. Paragraph (a) of subsection (3) of section
2699 446.50, Florida Statutes, is amended to read:
2700 446.50 Displaced homemakers; multiservice programs; report
2701 to the Legislature; Displaced Homemaker Trust Fund created.—
2702 (3) POWERS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
2703 OPPORTUNITY.—
2704 (a) The Department of Economic Opportunity, under plans
2705 established by CareerSource Florida, Inc. Workforce Florida,
2706 Inc., shall establish, or contract for the establishment of,
2707 programs for displaced homemakers which shall include:
2708 1. Job counseling, by professionals and peers, specifically
2709 designed for a person entering the job market after a number of
2710 years as a homemaker.
2711 2. Job training and placement services, including:
2712 a. Training programs for available jobs in the public and
2713 private sectors, taking into account the skills and job
2714 experiences of a homemaker and developed by working with public
2715 and private employers.
2716 b. Assistance in locating available employment for
2717 displaced homemakers, some of whom could be employed in existing
2718 job training and placement programs.
2719 c. Utilization of the services of the state employment
2720 service in locating employment opportunities.
2721 3. Financial management services providing information and
2722 assistance with respect to insurance, including, but not limited
2723 to, life, health, home, and automobile insurance, and taxes,
2724 estate and probate problems, mortgages, loans, and other related
2725 financial matters.
2726 4. Educational services, including high school equivalency
2727 degree and such other courses that as the department determines
2728 would be of interest and benefit to displaced homemakers.
2729 5. Outreach and information services with respect to
2730 federal and state employment, education, health, and
2731 reemployment assistance programs that the department determines
2732 would be of interest and benefit to displaced homemakers.
2733 Section 52. Paragraph (a) of subsection (4) of section
2734 1003.491, Florida Statutes, is amended to read:
2735 1003.491 Florida Career and Professional Education Act.—The
2736 Florida Career and Professional Education Act is created to
2737 provide a statewide planning partnership between the business
2738 and education communities in order to attract, expand, and
2739 retain targeted, high-value industry and to sustain a strong,
2740 knowledge-based economy.
2741 (4) The State Board of Education shall establish a process
2742 for the continual and uninterrupted review of newly proposed
2743 core secondary courses and existing courses requested to be
2744 considered as core courses to ensure that sufficient rigor and
2745 relevance is provided for workforce skills and postsecondary
2746 education and aligned to state curriculum standards.
2747 (a) The review of newly proposed core secondary courses
2748 shall be the responsibility of a curriculum review committee
2749 whose membership is approved by CareerSource Florida, Inc. The
2750 membership of the committee Workforce Florida, Inc., and shall
2751 include:
2752 1. Three certified high school counselors recommended by
2753 the Florida Association of Student Services Administrators.
2754 2. Three assistant superintendents for curriculum and
2755 instruction, recommended by the Florida Association of District
2756 School Superintendents, and who serve in districts that operate
2757 successful career and professional academies pursuant to s.
2758 1003.492 or a successful series of courses that lead to industry
2759 certification. Committee members in this category shall employ
2760 the expertise of appropriate subject area specialists in the
2761 review of proposed courses.
2762 3. Three workforce representatives recommended by the
2763 Department of Economic Opportunity.
2764 4. Three admissions directors of postsecondary institutions
2765 accredited by the Southern Association of Colleges and Schools,
2766 representing both public and private institutions.
2767 5. The Commissioner of Education, or his or her designee,
2768 who is responsible for K-12 curriculum and instruction and. The
2769 commissioner shall employ the expertise of appropriate subject
2770 area specialists in the review of proposed courses.
2771 Section 53. Subsections (3), (4), and (5) of section
2772 1003.492, Florida Statutes, are amended to read:
2773 1003.492 Industry-certified career education programs.—
2774 (3) The State Board of Education shall use the expertise of
2775 CareerSource Florida, Inc. Workforce Florida, Inc., and the
2776 Department of Agriculture and Consumer Services to develop and
2777 adopt rules pursuant to ss. 120.536(1) and 120.54 for
2778 implementing an industry certification process.
2779 (a) For nonfarm occupations, industry certification must
2780 shall be based upon the highest available national standards for
2781 specific industry certification to ensure student skill
2782 proficiency and to address emerging labor market and industry
2783 trends. A regional workforce board or a school principal may
2784 apply to CareerSource Florida, Inc. Workforce Florida, Inc., to
2785 request additions to the approved list of industry
2786 certifications based on high-skill, high-wage, and high-demand
2787 job requirements in the regional economy.
2788 (b) For farm occupations submitted pursuant to s. 570.07,
2789 industry certification must shall demonstrate student skill
2790 proficiency and be based upon the best available data to address
2791 critical local or statewide economic needs.
2792 (4) The list of industry certifications approved by
2793 CareerSource Florida, Inc. Workforce Florida, Inc., the
2794 Department of Agriculture and Consumer Services, and the
2795 Department of Education shall be published and updated annually
2796 by a date certain, to be included in the adopted rule.
2797 (5) The Department of Education shall collect student
2798 achievement and performance data in industry-certified career
2799 education programs and career-themed courses and shall work with
2800 CareerSource Florida, Inc. Workforce Florida, Inc., and the
2801 Department of Agriculture and Consumer Services in the analysis
2802 of collected data. The data collection and analyses shall
2803 examine the performance of participating students over time.
2804 Performance factors must shall include, but need not be limited
2805 to, graduation rates, retention rates, Florida Bright Futures
2806 Scholarship awards, additional educational attainment,
2807 employment records, earnings, industry certification, return on
2808 investment, and employer satisfaction. The results of this study
2809 shall be submitted to the President of the Senate and the
2810 Speaker of the House of Representatives annually by December 31.
2811 Section 54. Subsection (6) of section 1003.493, Florida
2812 Statutes, is amended to read:
2813 1003.493 Career and professional academies and career
2814 themed courses.—
2815 (6) CareerSource Florida, Inc. Workforce Florida, Inc.,
2816 shall serve in an advisory role and offer technical assistance
2817 in the development and deployment of newly established career
2818 and professional academies and career-themed courses.
2819 Section 55. Paragraph (b) of subsection (2) of section
2820 1003.51, Florida Statutes, is amended to read:
2821 1003.51 Other public educational services.—
2822 (2) The State Board of Education shall adopt rules
2823 articulating expectations for effective education programs for
2824 students in Department of Juvenile Justice programs, including,
2825 but not limited to, education programs in juvenile justice
2826 prevention, day treatment, residential, and detention programs.
2827 The rule shall establish policies and standards for education
2828 programs for students in Department of Juvenile Justice programs
2829 and shall include the following:
2830 (b) The responsibilities of the Department of Education,
2831 the Department of Juvenile Justice, CareerSource Florida, Inc.
2832 Workforce Florida, Inc., district school boards, and providers
2833 of education services to students in Department of Juvenile
2834 Justice programs.
2835 Section 56. Subsection (23) of section 1003.52, Florida
2836 Statutes, is amended to read:
2837 1003.52 Educational services in Department of Juvenile
2838 Justice programs.—
2839 (23) The Department of Juvenile Justice and the Department
2840 of Education, in consultation with CareerSource Florida, Inc.
2841 Workforce Florida, Inc., the statewide Workforce Development
2842 Youth Council, district school boards, Florida College System
2843 institutions, providers, and others, shall jointly develop a
2844 multiagency plan for CAPE which describes the funding,
2845 curriculum, transfer of credits, goals, and outcome measures for
2846 career education programming in juvenile commitment facilities,
2847 pursuant to s. 985.622. The plan must be reviewed annually.
2848 Section 57. Paragraph (g) of subsection (2) of section
2849 1004.015, Florida Statutes, is amended to read:
2850 1004.015 Higher Education Coordinating Council.—
2851 (2) Members of the council shall include:
2852 (g) The president of CareerSource Florida, Inc. Workforce
2853 Florida, Inc., or his or her designee.
2854 Section 58. Subsection (8) of section 1011.80, Florida
2855 Statutes, is amended to read:
2856 1011.80 Funds for operation of workforce education
2857 programs.—
2858 (8) The State Board of Education and CareerSource Florida,
2859 Inc. Workforce Florida, Inc., shall provide the Legislature with
2860 recommended formulas, criteria, timeframes, and mechanisms for
2861 distributing performance funds. The commissioner shall
2862 consolidate the recommendations and develop a consensus proposal
2863 for funding. The Legislature shall adopt a formula and
2864 distribute the performance funds to the State Board of Education
2865 for Florida College System institutions and school districts
2866 through the General Appropriations Act. These recommendations
2867 shall be based on formulas that would discourage low-performing
2868 or low-demand programs and encourage through performance-funding
2869 awards:
2870 (a) Programs that prepare people to enter high-wage
2871 occupations identified by the Workforce Estimating Conference
2872 created by s. 216.136 and other programs as approved by
2873 CareerSource Florida, Inc. Workforce Florida, Inc. At a minimum,
2874 performance incentives shall be calculated for adults who reach
2875 completion points or complete programs that lead to specified
2876 high-wage employment and to their placement in that employment.
2877 (b) Programs that successfully prepare adults who are
2878 eligible for public assistance, economically disadvantaged,
2879 disabled, not proficient in English, or dislocated workers for
2880 high-wage occupations. At a minimum, performance incentives
2881 shall be calculated at an enhanced value for the completion of
2882 adults identified in this paragraph and job placement of such
2883 adults upon completion. In addition, adjustments may be made in
2884 payments for job placements for areas of high unemployment.
2885 (c) Programs that are specifically designed to be
2886 consistent with the workforce needs of private enterprise and
2887 regional economic development strategies, as defined in
2888 guidelines set by CareerSource Florida, Inc. Workforce Florida,
2889 Inc. CareerSource Florida, Inc. Workforce Florida, Inc., shall
2890 develop guidelines to identify such needs and strategies based
2891 on localized research of private employers and economic
2892 development practitioners.
2893 (d) Programs identified by CareerSource Florida, Inc.
2894 Workforce Florida, Inc., as increasing the effectiveness and
2895 cost efficiency of education.
2896 Section 59. Subsections (2) and (3) of section 1011.801,
2897 Florida Statutes, are amended to read:
2898 1011.801 Workforce Development Capitalization Incentive
2899 Grant Program.—The Legislature recognizes that the need for
2900 school districts and Florida College System institutions to be
2901 able to respond to emerging local or statewide economic
2902 development needs is critical to the workforce development
2903 system. The Workforce Development Capitalization Incentive Grant
2904 Program is created to provide grants to school districts and
2905 Florida College System institutions on a competitive basis to
2906 fund some or all of the costs associated with the creation or
2907 expansion of workforce development programs that serve specific
2908 employment workforce needs.
2909 (2) The State Board of Education shall accept applications
2910 from school districts or Florida College System institutions for
2911 workforce development capitalization incentive grants.
2912 Applications from school districts or Florida College System
2913 institutions shall contain projected enrollments and projected
2914 costs for the new or expanded workforce development program. The
2915 State Board of Education, in consultation with CareerSource
2916 Florida, Inc. the Workforce Florida, Inc., shall review and rank
2917 each application for a grant according to subsection (3) and
2918 shall submit to the Legislature a list in priority order of
2919 applications recommended for a grant award.
2920 (3) The State Board of Education shall give highest
2921 priority to programs that train people to enter high-skill,
2922 high-wage occupations identified by the Workforce Estimating
2923 Conference and other programs approved by CareerSource Florida,
2924 Inc. Workforce Florida, Inc.; programs that train people to
2925 enter occupations under the welfare transition program; or
2926 programs that train for the workforce adults who are eligible
2927 for public assistance, economically disadvantaged, disabled, not
2928 proficient in English, or dislocated workers. The State Board of
2929 Education shall consider the statewide geographic dispersion of
2930 grant funds in ranking the applications and shall give priority
2931 to applications from education agencies that are making maximum
2932 use of their workforce development funding by offering high
2933 performing, high-demand programs.
2934 Section 60. This act shall take effect July 1, 2015.