Florida Senate - 2018                                    SB 1388
       By Senator Garcia
       36-01686-18                                           20181388__
    1                        A bill to be entitled                      
    2         An act relating to preapprenticeship and
    3         apprenticeship programs; creating s. 446.093, F.S.;
    4         creating the Earn and Learn Grant Program within the
    5         Department of Education; specifying the purpose of the
    6         program; defining terms; providing department
    7         responsibilities; providing requirements for
    8         preapprenticeship and apprenticeship programs
    9         receiving grant funds; establishing the Task Force on
   10         Apprenticeship Expansion within the Department of
   11         Economic Opportunity; specifying the goals of the task
   12         force; providing for the composition of the task
   13         force; providing meeting requirements for the task
   14         force; providing that task force members serve without
   15         compensation and may not be reimbursed for per diem or
   16         travel expenses; requiring the department to provide
   17         specified assistance to the task force; requiring the
   18         task force to submit a report to the Governor and the
   19         Legislature by a specified date; providing for the
   20         termination of the task force; providing
   21         appropriations; reordering and amending s. 446.021,
   22         F.S.; conforming cross-references; amending ss.
   23         446.011, 446.041, 446.052, 446.081, and 446.091, F.S.;
   24         conforming cross-references; providing an effective
   25         date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Section 446.093, Florida Statutes, is created to
   30  read:
   31         446.093Earn and Learn Grant Program.—The Earn and Learn
   32  Grant Program is created within the department to assist school
   33  districts, public postsecondary educational institutions, and
   34  charter technical career centers in the development and
   35  expansion of preapprenticeship and apprenticeship programs
   36  relevant to targeted industries and to recruit, retain, and
   37  graduate a diverse group of successful program participants who
   38  are prepared to enter the workforce and contribute to their own
   39  success and to the growth of the state’s economy.
   40         (1)DEFINITIONS.—As used in this section, the term:
   41         (a)“Charter technical career center” has the same meaning
   42  as in s. 1002.34(3).
   43         (b)“Public postsecondary educational institution” is as
   44  described in s. 1000.04(2).
   45         (c)“School district” has the same meaning as in s.
   46  595.402(5).
   47         (d)“Targeted industry” means a corporate headquarters
   48  business as defined in s. 288.106(2)(e) or a target industry
   49  business as defined in s. 288.106(2)(q).
   50         (2)DEPARTMENT RESPONSIBILITIES.—The department shall:
   51         (a)Create a grant application process for school
   52  districts, public postsecondary education institutions, and
   53  charter technical career centers to establish or expand a
   54  preapprenticeship or apprenticeship program.
   55         (b)Provide minimum uniform preapprenticeship and
   56  apprenticeship program standards for each skilled trade with
   57  respect to participant admission, training goals and objectives,
   58  curricula, success measures, and course articulation with
   59  skilled job openings in targeted industries.
   60         (c)Provide minimum program criteria and standards for
   61  grant applicants to receive funds under this section, including
   62  determining a preapprenticeship or apprenticeship program’s
   63  relevancy to targeted industries, the likelihood of attracting a
   64  diverse pool of program participants, and their ability to
   65  provide instruction in transferable workforce readiness skills.
   66         (d)Provide accountability requirements for
   67  preapprenticeship and apprenticeship programs that receive funds
   68  under this section.
   69         (e)Create a formula for distribution of funds awarded
   70  under this section.
   72  REQUIREMENTS.—A preapprenticeship or apprenticeship program
   73  receiving funds under this section must:
   74         (a)Provide courses of a technical nature which lead to an
   75  industry certification or credential in a skilled trade relevant
   76  to targeted industries.
   77         (b)Provide instruction in transferable workforce readiness
   78  skills.
   79         (c)Specify how it intends to recruit, retain, and graduate
   80  a diverse group of program participants, including women and
   81  minorities who are underrepresented in target industries.
   82         (d)Maintain an academic transcript for each student
   83  enrolled in the program.
   84         (e)Maintain the minimum standards and requirements
   85  established by the department.
   86         (f)Maintain a record of the education and employment
   87  history of program graduates and submit a report of such
   88  findings to the department on an annual basis.
   89         Section 2. (1)The Task Force on Apprenticeship Expansion
   90  is created within the Department of Economic Opportunity.
   91         (2)The goals of the task force are to:
   92         (a)Address the shortage of individuals trained in skilled
   93  trades relevant to targeted industries.
   94         (b)Address imbalances in enrollment related to gender and
   95  ethnicity.
   96         (c)Address the course articulation between workforce needs
   97  and middle school curricula; high school career and technical
   98  education programs, including preapprenticeship programs;
   99  apprenticeship programs; and postsecondary institution
  100  curricula.
  101         (d)Address the availability, quality, and mode of delivery
  102  of information regarding career and technical education
  103  opportunities, including preapprenticeship and apprenticeship
  104  programs, to the general public, school districts, school
  105  administrators, school guidance counselors, and students
  106  enrolled in grades K-12 and their parents or guardians.
  107         (e)Consider the appropriateness of moving the oversight of
  108  preapprenticeship and apprenticeship programs from the
  109  Department of Education to the Department of Economic
  110  Opportunity.
  111         (f)Consider the mode, manner, and amount of funding for
  112  workforce training programs relevant to targeted industries,
  113  including preapprenticeship and apprenticeship programs.
  114         (g)Consider the feasibility of creating a limited income
  115  tax credit available to taxpayers employing apprentices through
  116  an apprenticeship program.
  117         (h)Consider the impact of changes to federal legislation
  118  and executive orders regarding career and technical education
  119  and how the state may best utilize such changes to enhance the
  120  quality, breadth, and support of workforce training programs.
  121         (3)The task force is composed of the following 15 members:
  122         (a)A member of the House of Representatives, appointed by
  123  the Speaker of the House of Representatives.
  124         (b)A member of the Senate, appointed by the President of
  125  the Senate.
  126         (c)A member appointed by the Florida Chamber of Commerce.
  127         (d)A member appointed by the National Federation of
  128  Independent Business/Florida.
  129         (e)A member appointed by the Florida AFL-CIO.
  130         (f)A member appointed by the Florida Education
  131  Association.
  132         (g)A member appointed by United Faculty of Florida.
  133         (h)A member appointed by the Florida High Tech Corridor
  134  Council.
  135         (i)A member appointed by the Associated General
  136  Contractors of Greater Florida.
  137         (j)A member appointed by the Commissioner of Education.
  138         (k)A member appointed by the Association of Florida
  139  Colleges.
  140         (l)A member appointed by the Florida Association of
  141  Postsecondary Schools and Colleges.
  142         (m)A member appointed by the executive director of the
  143  Department of Economic Opportunity.
  144         (n)A member appointed by the Florida League of Cities.
  145         (o)A member appointed by the Florida Association of
  146  Counties.
  147         (4)The task force shall elect a chair from among its
  148  members.
  149         (5)(a)The task force shall meet as often as necessary to
  150  fulfill its goals, but not fewer than three times.
  151         (b)The first meeting of the task force must be held no
  152  later than September 1, 2018.
  153         (c)Task force meetings may be conducted by conference
  154  call, teleconferencing, or similar technology.
  155         (6)Task force members shall serve without compensation and
  156  may not receive reimbursement for per diem or travel expenses.
  157         (7)The Department of Economic Opportunity shall provide
  158  such assistance as is reasonably necessary to assist the task
  159  force in accomplishing its goals.
  160         (8)The task force shall submit a report detailing its
  161  activities and findings to the Governor, the President of the
  162  Senate, and the Speaker of the House of Representatives by March
  163  1, 2019.
  164         (9)This section expires June 30, 2019.
  165         Section 3. For the 2018-2019 fiscal year:
  166         (1)The sum of $50,000 in recurring funds is appropriated
  167  from the General Revenue Fund to the Department of Education to
  168  administer the Earn and Learn Grant Program pursuant to s.
  169  446.093, Florida Statutes.
  170         (2)The sum of $6.7 million in recurring funds is
  171  appropriated from the General Revenue Fund to the Department of
  172  Education for the purpose of distributing funds to school
  173  districts, public postsecondary educational institutions, and
  174  charter technical career centers under the Earn and Learn Grant
  175  Program pursuant to s. 446.093, Florida Statutes.
  176         (3)The sum of $100,000 in nonrecurring funds is
  177  appropriated from the State Economic Enhancement and Development
  178  Trust Fund to the Department of Economic Opportunity for the
  179  purpose of funding the Task Force on Apprenticeship Expansion as
  180  created in this act.
  181         Section 4. Section 446.021, Florida Statutes, is amended to
  182  read:
  183         446.021 Definitions of terms used in ss. 446.011-446.093
  184  ss. 446.011-446.092.—As used in ss. 446.011-446.093 ss. 446.011
  185  446.092, the term:
  186         (8)(1) “Preapprentice” means any person 16 years of age or
  187  over engaged in any course of instruction in the public school
  188  system or elsewhere, which course is registered as a
  189  preapprenticeship program with the department.
  190         (1)(2) “Apprentice” means a person at least 16 years of age
  191  who is engaged in learning a recognized skilled trade through
  192  actual work experience under the supervision of journeymen
  193  craftsmen, which training should be combined with properly
  194  coordinated studies of related technical and supplementary
  195  subjects, and who has entered into a written agreement, which
  196  may be cited as an apprentice agreement, with a registered
  197  apprenticeship sponsor who may be either an employer, an
  198  association of employers, or a local joint apprenticeship
  199  committee.
  200         (11)(3) “Trainee” means a person at least 16 years of age
  201  who is engaged in learning a specific skill, trade, or
  202  occupation within a formalized, on-the-job training program.
  203         (5)(4) “Journeyman” means a person working in an
  204  apprenticeable occupation who has successfully completed a
  205  registered apprenticeship program or who has worked the number
  206  of years required by established industry practices for the
  207  particular trade or occupation.
  208         (9)(5) “Preapprenticeship program” means an organized
  209  course of instruction in the public school system or elsewhere,
  210  which course is designed to prepare a person 16 years of age or
  211  older to become an apprentice and which course is approved by
  212  and registered with the department and sponsored by a registered
  213  apprenticeship program.
  214         (2)(6) “Apprenticeship program” means an organized course
  215  of instruction, registered and approved by the department, which
  216  course shall contain all terms and conditions for the
  217  qualifications, recruitment, selection, employment, and training
  218  of apprentices including such matters as the requirements for a
  219  written apprenticeship agreement.
  220         (7) “On-the-job training program” means a formalized system
  221  of job processes which may be augmented by related instruction
  222  that provides the experience and knowledge necessary to meet the
  223  training objective of learning a specific skill, trade, or
  224  occupation. The training program must be at least 6 months and
  225  not more than 2 years in duration and must be registered with
  226  the department.
  227         (12)(8) “Uniform minimum preapprenticeship standards” means
  228  the minimum requirements established uniformly for each craft
  229  under which a preapprenticeship program is administered and
  230  includes standards of admission, training goals, training
  231  objectives, curriculum outlines, objective standards to measure
  232  successful completion of the preapprenticeship program, and the
  233  percentage of credit which may be given to preapprenticeship
  234  graduates upon acceptance into the apprenticeship program.
  235         (10)(9) “Related instruction” means an organized and
  236  systematic form of instruction designed to provide the
  237  apprentice with knowledge of the theoretical subjects related to
  238  a specific trade or occupation.
  239         (3)(10) “Cancellation” means the deregistration of an
  240  apprenticeship program or the termination of an apprenticeship
  241  agreement.
  242         (6)(11) “Jurisdiction” means the specific geographical area
  243  for which a particular program is registered.
  244         (4)(12) “Department” means the Department of Education.
  245         Section 5. Subsection (3) of section 446.011, Florida
  246  Statutes, is amended to read:
  247         446.011 Legislative intent regarding apprenticeship
  248  training.—
  249         (3) It is the further intent of ss. 446.011-446.093 ss.
  250  446.011-446.092 that the department ensure quality training
  251  through the adoption and enforcement of uniform minimum
  252  standards and that the department promote, register, monitor,
  253  and service apprenticeship and training programs and ensure that
  254  the programs adhere to the standards.
  255         Section 6. Subsections (1) and (12) of section 446.041,
  256  Florida Statutes, are amended to read:
  257         446.041 Apprenticeship program, duties of the department.
  258  The department shall:
  259         (1) Administer ss. 446.011-446.093 ss. 446.011-446.092.
  260         (12) Adopt rules required to administer ss. 446.011-446.093
  261  ss. 446.011-446.092.
  262         Section 7. Subsection (2) of section 446.052, Florida
  263  Statutes, is amended to read:
  264         446.052 Preapprenticeship program.—
  265         (2) The department, under regulations established by the
  266  State Board of Education, may administer the provisions of ss.
  267  446.011-446.093 ss. 446.011-446.092 which relate to
  268  preapprenticeship programs in cooperation with district school
  269  boards and community college district boards of trustees.
  270  District school boards, community college district boards of
  271  trustees, and registered program sponsors shall cooperate in
  272  developing and establishing programs that include career
  273  instruction and general education courses required to obtain a
  274  high school diploma.
  275         Section 8. Subsections (1) and (2) of section 446.081,
  276  Florida Statutes, are amended to read:
  277         446.081 Limitation.—
  278         (1) Nothing in ss. 446.011-446.093 ss. 446.011-446.092 or
  279  in any apprentice agreement approved under those sections shall
  280  operate to invalidate any apprenticeship provision in any
  281  collective agreement between employers and employees setting up
  282  higher apprenticeship standards.
  283         (2) A person may not No person shall institute any action
  284  for the enforcement of any apprentice agreement, or for damages
  285  for the breach of any apprentice agreement, made under ss.
  286  446.011-446.093 ss. 446.011-446.092, unless he or she has first
  287  exhausted all administrative remedies provided by this section.
  288         Section 9. Section 446.091, Florida Statutes, is amended to
  289  read:
  290         446.091 On-the-job training program.—All provisions of ss.
  291  446.011-446.093 ss. 446.011-446.092 relating to apprenticeship
  292  and preapprenticeship, including, but not limited to, programs,
  293  agreements, standards, administration, procedures, definitions,
  294  expenditures, local committees, powers and duties, limitations,
  295  grievances, and ratios of apprentices and job trainees to
  296  journeymen on state, county, and municipal contracts, shall be
  297  appropriately adapted and made applicable to a program of on
  298  the-job training authorized under those provisions for persons
  299  other than apprentices.
  300         Section 10. This act shall take effect July 1, 2018.