Florida Senate - 2018                                    SB 1122
       
       
        
       By Senator Braynon
       
       
       
       
       
       35-00265-18                                           20181122__
    1                        A bill to be entitled                      
    2         An act relating to trust funds; creating s. 445.015,
    3         F.S.; creating the Florida Business and Workforce
    4         Competitiveness Trust Fund within the State Treasury,
    5         to be administered by the Department of Economic
    6         Opportunity; providing the purpose of the trust fund;
    7         requiring trust fund moneys to be provided to local
    8         workforce development boards to award and administer
    9         certain grants; specifying duties of CareerSource
   10         Florida, Inc., with respect to the trust fund;
   11         providing that trust fund moneys are composed of a
   12         specified assessment to be imposed on certain
   13         employers; limiting eligibility of grants to certain
   14         employers; providing requirements and limitations for
   15         the assessment and administrative costs; providing for
   16         future review and termination or re-creation of the
   17         trust fund; providing a directive to the Division of
   18         Law Revision and Information; providing an effective
   19         date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 445.015, Florida Statutes, is created to
   24  read:
   25         445.015 Florida Business and Workforce Competitiveness
   26  Trust Fund.—
   27         (1) The Florida Business and Workforce Competitiveness
   28  Trust Fund is created within the State Treasury and is to be
   29  administered by the Department of Economic Opportunity.
   30         (2) The trust fund is established for use as an additional
   31  revenue source to support the growth of businesses in this state
   32  and to provide workforce training needed to effectively address
   33  changing skill requirements as a result of new technology,
   34  retooling, new product lines, and new organizational
   35  structuring.
   36         (3) Funds credited to the trust fund must be provided to
   37  local workforce development boards, appointed under s. 445.007,
   38  to award incentive grants to employers to hire unemployment
   39  compensation claimants. Each local workforce development board
   40  shall determine award recipients and administer grants within
   41  the funding available to it.
   42         (4) CareerSource Florida, Inc., shall:
   43         (a) Establish guidelines governing the administration of
   44  the trust fund;
   45         (b) Establish criteria to be used by local workforce
   46  development boards in evaluating applications for funding; and
   47         (c) Allocate to each local workforce development board its
   48  share of funds available under the trust fund.
   49         (5) Moneys in the trust fund are composed of a quarterly
   50  employment and training investment assessment imposed beginning
   51  July 1, 2018, on each employer paying contributions under s.
   52  443.131 at a rate below the maximum contribution rate of 5.4
   53  percent as provided in s. 443.131(3)(e)2.a.(V). The assessment
   54  must be a separate assessment of one-tenth of 1 percent of
   55  wages, as described under s. 443.1217, paid by the employer.
   56         (a) An employer is eligible for a grant award only if the
   57  employer is subject to paying contributions under s. 443.131 and
   58  is subject to the assessment.
   59         (b) The assessment is due at the same time, must be
   60  collected in the same manner, and is subject to the same
   61  penalties and interest as other contributions assessed under s.
   62  443.131.
   63         (c) The assessment may not be imposed for any year in which
   64  the balance in the Unemployment Compensation Trust Fund requires
   65  the computation of a positive adjustment factor as provided in
   66  s. 443.131(3)(e)2.a.(III).
   67         (d) Administrative costs associated with the collection of
   68  the trust fund must be paid out of revenue generated from the
   69  assessment. The cost of collection and administration of the
   70  assessment under this subsection must be allocated based on a
   71  plan approved by the United States Department of Labor.
   72         (6) In accordance with s. 19(f)(2), Art. III of the State
   73  Constitution, the Florida Business and Workforce Competitiveness
   74  Trust Fund shall, unless terminated sooner, be terminated 4
   75  years after the effective date of this act. Before its scheduled
   76  termination, the trust fund shall be reviewed as provided in s.
   77  215.3206(1) and (2).
   78         Section 2. The Division of Law Revision and Information is
   79  directed to replace the phrase “4 years after the effective date
   80  of this act” where it occurs in this act with the date the trust
   81  fund will terminate.
   82         Section 3. This act shall take effect upon becoming a law.