Florida Senate - 2016                                    SB 1060
       By Senator Legg
       17-00639B-16                                          20161060__
    1                        A bill to be entitled                      
    2         An act relating to career and adult education;
    3         amending s. 446.021, F.S.; redefining and reordering
    4         terms; conforming provisions to changes made by the
    5         act; amending s. 446.032, F.S.; conforming provisions
    6         to changes made by the act; amending s. 446.045, F.S.;
    7         revising the membership requirements for the State
    8         Apprenticeship Advisory Council; amending s. 446.081,
    9         F.S.; providing for construction; amending s. 446.091,
   10         F.S.; conforming provisions to changes made by the
   11         act; amending s. 446.092, F.S.; revising the
   12         attributes that characterize apprenticeable
   13         occupations; amending s. 1008.44, F.S.; increasing the
   14         maximum number of certain CAPE Digital Tool
   15         certificates that the Commissioner of Education may
   16         recommend be added to the CAPE Industry Certification
   17         Funding List; deleting the requirement that certain
   18         digital tool certificates be updated solely by the
   19         Chancellor of Career and Adult Education; amending s.
   20         1009.42, F.S.; expanding the financial aid appeals
   21         process to other school entities; providing an
   22         effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Present subsections (2), (4), (5), (6), and (9)
   27  of section 446.021, Florida Statutes, are amended, and present
   28  subsections (1), (3), (8), (10), (11), and (12) of that section
   29  are redesignated as subsections (8), (11), (12), (3), (6), and
   30  (4), respectively, to read:
   31         446.021 Definitions of terms used in ss. 446.011-446.092.
   32  As used in ss. 446.011-446.092, the term:
   33         (1)(2) “Apprentice” means a person at least 16 years of age
   34  who is engaged in learning a recognized skilled trade through
   35  actual work experience under the supervision of a journeyworker
   36  journeymen craftsmen, which training should be combined with
   37  properly coordinated studies of related technical and
   38  supplementary subjects, and who has entered into a written
   39  agreement, which may be cited as an apprentice agreement, with a
   40  registered apprenticeship sponsor who may be either an employer,
   41  an association of employers, or a local joint apprenticeship
   42  committee.
   43         (5)(4) “Journeyworker Journeyman” means a worker recognized
   44  within an industry as having mastered the skills and
   45  competencies required for a specific trade or occupation. The
   46  term includes a mentor, technician, or specialist or other
   47  skilled worker who has documented sufficient skills and
   48  knowledge of an occupation through formal apprenticeship,
   49  attainment of a nationally recognized industry certification, or
   50  practical on-the-job experience and formal training person
   51  working in an apprenticeable occupation who has successfully
   52  completed a registered apprenticeship program or who has worked
   53  the number of years required by established industry practices
   54  for the particular trade or occupation.
   55         (9)(5) “Preapprenticeship program” means an organized
   56  course of instruction, including, but not limited to, industry
   57  certifications identified under s. 1008.44, in the public school
   58  system or elsewhere, which course is designed to prepare a
   59  person 16 years of age or older to become an apprentice and
   60  which course is approved by and registered with the department
   61  and sponsored by a registered apprenticeship program.
   62         (2)(6) “Apprenticeship program” means an organized course
   63  of instruction, including, but not limited to, CAPE industry
   64  certifications identified under s. 1008.44, registered and
   65  approved by the department, which course shall contain all terms
   66  and conditions for the qualifications, recruitment, selection,
   67  employment, and training of apprentices including such matters
   68  as the requirements for a written apprenticeship agreement.
   69         (10)(9) “Related instruction” means an organized and
   70  systematic form of instruction designed to provide the
   71  apprentice with knowledge of the theoretical and technical
   72  subjects related to a specific trade or occupation. Such
   73  instruction may be given in a classroom through occupational or
   74  industrial courses or outside of a classroom through
   75  correspondence courses of equivalent value, electronic media, or
   76  other forms of self-study approved by the department.
   77         Section 2. Subsection (1) of section 446.032, Florida
   78  Statutes, is amended to read:
   79         446.032 General duties of the department for apprenticeship
   80  training.—The department shall:
   81         (1) Establish uniform minimum standards and policies
   82  governing apprentice programs and agreements. The standards and
   83  policies shall govern the terms and conditions of the
   84  apprentice’s employment and training, including the quality
   85  training of the apprentice for, but not limited to, such matters
   86  as ratios of apprentices to journeyworkers journeymen, safety,
   87  related instruction, and on-the-job training; but these
   88  standards and policies may not include rules, standards, or
   89  guidelines that require the use of apprentices and job trainees
   90  on state, county, or municipal contracts. The department may
   91  adopt rules necessary to administer the standards and policies.
   92         Section 3. Paragraph (b) of subsection (2) of section
   93  446.045, Florida Statutes, is amended to read:
   94         446.045 State Apprenticeship Advisory Council.—
   95         (2)
   96         (b) The Commissioner of Education or the commissioner’s
   97  designee shall serve ex officio as chair of the State
   98  Apprenticeship Advisory Council, but may not vote. The state
   99  director of the Office of Apprenticeship of the United States
  100  Department of Labor shall serve ex officio as a nonvoting member
  101  of the council. The Governor shall appoint to the council four
  102  members representing employee organizations and four members
  103  representing employer organizations. Each of these eight members
  104  shall represent industries that have registered apprenticeship
  105  programs. The Governor shall also appoint two public members who
  106  are knowledgeable about registered apprenticeship and
  107  apprenticeable occupations and who are independent of any joint
  108  or nonjoint organization, one of whom shall be recommended by
  109  joint organizations, and one of whom shall be recommended by
  110  nonjoint organizations. Members shall be appointed for 4-year
  111  staggered terms. A vacancy shall be filled for the remainder of
  112  the unexpired term.
  113         Section 4. Subsection (4) is added to section 446.081,
  114  Florida Statutes, to read:
  115         446.081 Limitation.—
  116         (4) Nothing in ss. 446.011-446.092, in any rules adopted
  117  under those sections, or in any apprentice agreement approved
  118  under those sections shall operate to invalidate any special
  119  provision for veterans, minority persons, or women relating to
  120  the standards, apprentice qualifications, or operation of the
  121  program which is not otherwise prohibited by law, executive
  122  order, or authorized regulation.
  123         Section 5. Section 446.091, Florida Statutes, is amended to
  124  read:
  125         446.091 On-the-job training program.—All provisions of ss.
  126  446.011-446.092 relating to apprenticeship and
  127  preapprenticeship, including, but not limited to, programs,
  128  agreements, standards, administration, procedures, definitions,
  129  expenditures, local committees, powers and duties, limitations,
  130  grievances, and ratios of apprentices and job trainees to
  131  journeyworkers journeymen on state, county, and municipal
  132  contracts, shall be appropriately adapted and made applicable to
  133  a program of on-the-job training authorized under those
  134  provisions for persons other than apprentices.
  135         Section 6. Section 446.092, Florida Statutes, is amended to
  136  read:
  137         446.092 Criteria for apprenticeship occupations.—An
  138  apprenticeable occupation is a skilled trade that which
  139  possesses all of the following characteristics:
  140         (1) It is customarily learned in a practical way through a
  141  structured, systematic program of on-the-job, supervised
  142  training.
  143         (2) It is clearly identified and commonly recognized
  144  throughout an the industry and may be associated with a
  145  nationally recognized industry certification or recognized with a
  146  positive view towards changing technology.
  147         (3) It involves manual, mechanical, or technical skills and
  148  knowledge that, in accordance with the industry standards for
  149  that occupation, requires which require a minimum of 2,000 hours
  150  of on-the-job work and training, which hours are excluded from
  151  the time spent at related instruction.
  152         (4) It requires related instruction to supplement on-the
  153  job training. Such instruction may be given in a classroom
  154  through occupational or industrial courses or outside of a
  155  classroom through correspondence courses of equivalent value,
  156  electronic media, or other forms of self-study approved by the
  157  department.
  158         (5) It involves the development of skill sufficiently broad
  159  to be applicable in like occupations throughout an industry,
  160  rather than of restricted application to the products or
  161  services of any one company.
  162         (6) It does not fall into any of the following categories:
  163         (a) Selling, retailing, or similar occupations in the
  164  distributive field.
  165         (b) Managerial occupations.
  166         (c) Professional and scientific vocations for which
  167  entrance requirements customarily require an academic degree.
  168         Section 7. Paragraph (b) of subsection (1) of section
  169  1008.44, Florida Statutes, is amended to read:
  170         1008.44 CAPE Industry Certification Funding List and CAPE
  171  Postsecondary Industry Certification Funding List.—
  172         (1) Pursuant to ss. 1003.4203 and 1003.492, the Department
  173  of Education shall, at least annually, identify, under rules
  174  adopted by the State Board of Education, and the Commissioner of
  175  Education may at any time recommend adding the following
  176  certificates, certifications, and courses:
  177         (b) No more than 30 15 CAPE Digital Tool certificates
  178  limited to the areas of word processing; spreadsheets; sound,
  179  motion, and color presentations; digital arts; cybersecurity;
  180  and coding pursuant to s. 1003.4203(3) that do not articulate
  181  for college credit. Such certificates shall be annually
  182  identified on the CAPE Industry Certification Funding List and
  183  updated solely by the Chancellor of Career and Adult Education.
  184  The certificates shall be made available to students in
  185  elementary school and middle school grades and, if earned by a
  186  student, shall be eligible for additional full-time equivalent
  187  membership pursuant to s. 1011.62(1)(o)1.
  188         Section 8. Subsection (2) of section 1009.42, Florida
  189  Statutes, is amended to read:
  190         1009.42 Financial aid appeal process.—
  191         (2) The president of each state university and each Florida
  192  College System institution, each district school board that
  193  operates a career center pursuant to s. 1001.44, and each
  194  charter technical career center that operates pursuant to s.
  195  1002.34 shall establish a procedure for appeal, by students, of
  196  grievances related to the award or administration of financial
  197  aid at the institution.
  198         Section 9. This act shall take effect July 1, 2016.