Florida Senate - 2016                                    SB 1670
       By Senator Bean
       4-01500A-16                                           20161670__
    1                        A bill to be entitled                      
    2         An act relating to apprenticeships; amending s.
    3         446.021, F.S.; revising definitions; amending ss.
    4         446.032 and 446.091, F.S.; conforming provisions to
    5         changes made by the act; amending s. 446.092, F.S.;
    6         revising the characteristics of apprenticeable
    7         occupations; deleting provisions that limit
    8         apprenticeable occupations; amending s. 1001.65, F.S.;
    9         requiring Florida College System institution
   10         presidents to develop and implement articulation
   11         agreements with certain apprenticeship programs;
   12         providing articulation agreement requirements;
   13         amending s. 1009.25, F.S.; providing that students
   14         enrolled in certain apprenticeship programs are exempt
   15         from tuition and fees associated with certain courses;
   16         creating s. 1011.802, F.S.; creating the Florida
   17         Apprenticeship Grant Program within the Department of
   18         Education to provide grants to Florida College System
   19         institutions for the creation of new apprenticeship
   20         programs or the expansion of existing apprenticeship
   21         programs; requiring the Division of Career and Adult
   22         Education to administer the program; providing
   23         requirements related to applications, program
   24         priority, use of grant funds, and quarterly reports;
   25         creating s. 1011.803, F.S.; creating the Rapid
   26         Response Grant Program; providing for the purpose and
   27         application requirements of the program; requiring
   28         Florida College System institutions that receive
   29         grants to provide quarterly reports to the department;
   30         providing uses for grant funds; requiring the
   31         department to administer and conduct an annual
   32         analysis of the program; providing an effective date.
   34  Be It Enacted by the Legislature of the State of Florida:
   36         Section 1. Section 446.021, Florida Statutes, is reordered
   37  and amended to read:
   38         446.021 Definitions of terms used in ss. 446.011-446.092.
   39  As used in ss. 446.011-446.092, the term:
   40         (8)(1) “Preapprentice” means any person 16 years of age or
   41  over engaged in any course of instruction in the public school
   42  system or elsewhere, which course is registered as a
   43  preapprenticeship program with the department.
   44         (1)(2) “Apprentice” means a person at least 16 years of age
   45  who is engaged in learning a recognized skilled trade through
   46  actual work experience under the supervision of journeyworker
   47  journeymen craftsmen, which training should be combined with
   48  properly coordinated studies of related technical and
   49  supplementary subjects, and who has entered into a written
   50  agreement, which may be cited as an apprentice agreement, with a
   51  registered apprenticeship sponsor who may be either an employer,
   52  an association of employers, or a local joint apprenticeship
   53  committee.
   54         (11)(3) “Trainee” means a person at least 16 years of age
   55  who is engaged in learning a specific skill, trade, or
   56  occupation within a formalized, on-the-job training program.
   57         (5)(4) “Journeyworker Journeyman” means a person working in
   58  an apprenticeable occupation who has successfully completed a
   59  registered apprenticeship program or who has worked the number
   60  of years required by established industry practices for the
   61  particular trade or occupation. The term includes a mentor,
   62  technician, specialist, or other skilled worker who has
   63  documented sufficient skills and knowledge of an occupation,
   64  either through formal apprenticeship or through practical on
   65  the-job experience and formal training.
   66         (9)(5) “Preapprenticeship program” means an organized
   67  course of instruction in the public school system or elsewhere,
   68  which course is designed to prepare a person 16 years of age or
   69  older to become an apprentice and which course is approved by
   70  and registered with the department and sponsored by a registered
   71  apprenticeship program.
   72         (2)(6) “Apprenticeship program” means an organized course
   73  of instruction, registered and approved by the department, which
   74  course shall:
   75         (a) Contain all terms and conditions for the
   76  qualifications, recruitment, selection, employment, and training
   77  of apprentices including such matters as the requirements for a
   78  written apprenticeship agreement.
   79         (b)Enable learning that may include online courses and
   80  remote platforms for distributing training content.
   81         (c)Award credit for existing skills and knowledge
   82  demonstrated by prior learning assessments, as determined by
   83  institution policy on credit for prior learning pursuant to s.
   84  1001.64.
   85         (7) “On-the-job training program” means a formalized system
   86  of job processes which may be augmented by related instruction
   87  that provides the experience and knowledge necessary to meet the
   88  training objective of learning a specific skill, trade, or
   89  occupation. The training program must be at least 6 months and
   90  not more than 2 years in duration and must be registered with
   91  the department.
   92         (12)(8) “Uniform minimum preapprenticeship standards” means
   93  the minimum requirements established uniformly for each craft
   94  under which a preapprenticeship program is administered and
   95  includes standards of admission, training goals, training
   96  objectives, curriculum outlines, objective standards to measure
   97  successful completion of the preapprenticeship program, and the
   98  percentage of credit which may be given to preapprenticeship
   99  graduates upon acceptance into the apprenticeship program.
  100         (10)(9) “Related instruction” means an organized and
  101  systematic form of instruction designed to provide the
  102  apprentice with knowledge of the theoretical subjects related to
  103  a specific trade or occupation.
  104         (3)(10) “Cancellation” means the deregistration of an
  105  apprenticeship program or the termination of an apprenticeship
  106  agreement.
  107         (6)(11) “Jurisdiction” means the specific geographical area
  108  for which a particular program is registered.
  109         (4)(12) “Department” means the Department of Education.
  110         Section 2. Subsection (1) of section 446.032, Florida
  111  Statutes, is amended to read:
  112         446.032 General duties of the department for apprenticeship
  113  training.—The department shall:
  114         (1) Establish uniform minimum standards and policies
  115  governing apprentice programs and agreements. The standards and
  116  policies shall govern the terms and conditions of the
  117  apprentice’s employment and training, including the quality
  118  training of the apprentice for, but not limited to, such matters
  119  as ratios of apprentices to journeyworkers journeymen, safety,
  120  related instruction, and on-the-job training; but these
  121  standards and policies may not include rules, standards, or
  122  guidelines that require the use of apprentices and job trainees
  123  on state, county, or municipal contracts. The department may
  124  adopt rules necessary to administer the standards and policies.
  125         Section 3. Section 446.091, Florida Statutes, is amended to
  126  read:
  127         446.091 On-the-job training program.—All provisions of ss.
  128  446.011-446.092 relating to apprenticeship and
  129  preapprenticeship, including, but not limited to, programs,
  130  agreements, standards, administration, procedures, definitions,
  131  expenditures, local committees, powers and duties, limitations,
  132  grievances, and ratios of apprentices and job trainees to
  133  journeyworkers journeymen on state, county, and municipal
  134  contracts, shall be appropriately adapted and made applicable to
  135  a program of on-the-job training authorized under those
  136  provisions for persons other than apprentices.
  137         Section 4. Section 446.092, Florida Statutes, is amended to
  138  read:
  139         446.092 Criteria for apprenticeship occupations.—An
  140  apprenticeable occupation is a skilled trade which possesses all
  141  of the following characteristics:
  142         (1) It is customarily learned in a practical way through a
  143  structured, systematic program of on-the-job, supervised
  144  training.
  145         (2) It is commonly recognized throughout the industry or
  146  recognized with a positive view towards emerging and evolving
  147  changing technology.
  148         (3) It typically involves manual, mechanical, or technical
  149  skills and knowledge which require a minimum of 2,000 hours of
  150  work and training, which hours are excluded from the time spent
  151  at related instruction.
  152         (4) It requires related instruction to supplement on-the
  153  job training and online training. Such instruction may be given
  154  in a classroom or through correspondence courses.
  155         (5) It involves the development of skill sufficiently broad
  156  to be applicable in like occupations throughout an industry,
  157  rather than of restricted application to the products or
  158  services of any one company.
  159         (6) It does not fall into any of the following categories:
  160         (a) Selling, retailing, or similar occupations in the
  161  distributive field.
  162         (b) Managerial occupations.
  163         (c) Professional and scientific vocations for which
  164  entrance requirements customarily require an academic degree.
  165         Section 5. Subsections (22) through (25) of section
  166  1001.65, Florida Statutes, are renumbered as subsections (23)
  167  through (26), respectively, and a new subsection (22) is added
  168  to that section, to read:
  169         1001.65 Florida College System institution presidents;
  170  powers and duties.—The president is the chief executive officer
  171  of the Florida College System institution, shall be corporate
  172  secretary of the Florida College System institution board of
  173  trustees, and is responsible for the operation and
  174  administration of the Florida College System institution. Each
  175  Florida College System institution president shall:
  176         (22)Develop and implement jointly with apprenticeship
  177  programs registered with the Department of Education in
  178  accordance with chapter 446 an articulation agreement for the
  179  students enrolled in the respective apprenticeship programs.
  180  Such articulation agreement must provide for at least two
  181  general education courses offered by the institution to be
  182  included in the apprenticeship program, for the award of college
  183  credit upon satisfactory completion of the courses as defined by
  184  the institution pursuant to s. 1001.64, and for enrollment into
  185  a degree program at the institution upon completion of the
  186  apprenticeship program.
  187         Section 6. Paragraph (b) of subsection (1) of section
  188  1009.25, Florida Statutes, is amended to read:
  189         1009.25 Fee exemptions.—
  190         (1) The following students are exempt from the payment of
  191  tuition and fees, including lab fees, at a school district that
  192  provides workforce education programs, Florida College System
  193  institution, or state university:
  194         (b) A student enrolled in an approved apprenticeship
  195  program, as defined in s. 446.021, including tuition and fees,
  196  including lab fees, associated with a course taken at a Florida
  197  College System institution through an articulation agreement
  198  with the student’s apprenticeship program.
  199         Section 7. Section 1011.802, Florida Statutes, is created
  200  to read:
  201         1011.802Florida Apprenticeship Grant (FLAG) Program.—
  202         (1)The Florida Apprenticeship Grant Program is created to
  203  provide grants, in an amount provided in the General
  204  Appropriations Act, to Florida College System institutions on a
  205  competitive basis to establish new apprenticeship programs and
  206  expand existing apprenticeship programs. The Division of Career
  207  and Adult Education within the Department of Education shall
  208  administer the grant program.
  209         (2)Applications from Florida College System institutions
  210  must contain projected enrollment and projected costs for the
  211  new or expanded apprenticeship programs.
  212         (3)The department shall give priority to apprenticeship
  213  programs in the areas of information technology, health, and
  214  machining and manufacturing. Grant funds may be used for
  215  instructional equipment, supplies, personnel, student services,
  216  and other expenses associated with the creation or expansion of
  217  an apprenticeship program. Grant funds may not be used for
  218  recurring instructional costs or for an institution’s indirect
  219  costs. Grant recipients must submit quarterly reports in a
  220  format prescribed by the department.
  221         Section 8. Section 1011.803, Florida Statutes, is created
  222  to read:
  223         1011.803Rapid Response Grant Program.—
  224         (1)The Rapid Response Grant Program is established to
  225  award grants on a competitive basis, in an amount provided in
  226  the General Appropriations Act, for the expansion or
  227  implementation of high-demand postsecondary programs at Florida
  228  College System institutions, as defined in s. 1000.21.
  229         (2)Each Florida College System institution applying for a
  230  grant must submit an application to the Department of Education
  231  in the format prescribed by the department. The application must
  232  include, but is not limited to, program expansion or development
  233  details, projected enrollment, and projected costs.
  234         (3)Each Florida College System institution that is awarded
  235  a grant under this section shall submit quarterly reports to the
  236  department in the format prescribed by the department. Grant
  237  funds may not be used to replace current funds and must be used
  238  to expand enrollment in existing postsecondary programs or
  239  develop new postsecondary programs.
  240         (4)The Department of Education shall administer the
  241  program and shall conduct an annual analysis and assessment of
  242  the effectiveness of the postsecondary programs funded under
  243  this section in meeting labor market demand.
  244         Section 9. This act shall take effect July 1, 2016.