Florida Senate - 2019                                    SB 1388
       By Senator Cruz
       18-01368A-19                                          20191388__
    1                        A bill to be entitled                      
    2         An act relating to college and career educational
    3         pathways; creating s. 446.093, F.S.; establishing the
    4         Task Force on Apprenticeship Expansion adjunct to the
    5         Department of Economic Opportunity; providing
    6         definitions; specifying the duties of the task force;
    7         providing for the composition and meetings of the task
    8         force; requiring the Department of Economic
    9         Opportunity and the Department of Education to provide
   10         specified assistance to the task force; requiring the
   11         task force to submit a report to the Governor and
   12         Legislature by a specified date; providing for
   13         termination of the task force; amending s. 464.008,
   14         F.S.; authorizing certain persons to take the nursing
   15         licensure examination before the Department of Health
   16         receives certain documentation for licensure;
   17         requiring such persons to complete specified
   18         requirements before they are entitled to licensure as
   19         a registered nurse or licensed practical nurse;
   20         amending s. 464.203, F.S.; authorizing certain persons
   21         to take the nursing assistant competency examination
   22         before the Board of Nursing receives certain
   23         documentation for certification; requiring such
   24         persons to complete specified requirements before they
   25         are entitled to certification as a certified nursing
   26         assistant; amending s. 1008.34, F.S.; requiring the
   27         percentage of students engaged in an apprenticeship or
   28         preapprenticeship program to be used in determining a
   29         school’s grade; amending s. 1011.62, F.S.; providing a
   30         specified value to be used in the calculation of full
   31         time equivalent student membership for students who
   32         fulfill certain requirements; amending ss. 446.011,
   33         446.021, 446.041, 446.052, 446.081, and 446.091, F.S.;
   34         conforming cross-references; providing an effective
   35         date.
   37  Be It Enacted by the Legislature of the State of Florida:
   39         Section 1. Section 446.093, Florida Statutes, is created to
   40  read:
   41         446.093Task Force on Apprenticeship Expansion.—
   42         (1)The Task Force on Apprenticeship Expansion, a task
   43  force as defined in s. 20.03, is established adjunct to the
   44  Department of Economic Opportunity.
   45         (2)As used in this section, the term:
   46         (a)“School district” has the same meaning as in s.
   47  595.402.
   48         (b)“Skill deficit industries” means sectors of advanced
   49  manufacturing, construction, health care, agriculture,
   50  information technology, and trade industries that are
   51  experiencing a severe shortage in skilled individuals in the
   52  workforce.
   53         (3)Except as otherwise provided in this section, the task
   54  force shall operate consistent with s. 20.052. The task force
   55  shall:
   56         (a)Seek information from representatives of and experts in
   57  the state’s skill deficit industries regarding unmet workforce
   58  needs.
   59         (b)Explore the expansion of preapprenticeship and
   60  apprenticeship programs by replicating current effective
   61  programs and developing new programs incorporating industry best
   62  practices without impacting currently registered programs.
   63         (c)Examine and make legislative and administrative
   64  recommendations regarding all of the following topics:
   65         1.Enhancement of articulation between middle school
   66  curriculum; high school and state college career and technical
   67  education programs, including registered preapprenticeship
   68  programs and registered apprenticeship programs; postsecondary
   69  institution associate and baccalaureate degree programs; and
   70  workforce needs.
   71         2.Effective delivery of information regarding career and
   72  technical education opportunities, including registered
   73  preapprenticeship and apprenticeship programs, to the general
   74  public, school districts, school administrators, school guidance
   75  counselors, and students enrolled in grades K-12 and their
   76  parents or guardians.
   77         3.Implementation of a sustainable model for the funding of
   78  registered preapprenticeship and apprenticeship programs,
   79  including the development of additional revenue sources,
   80  expansion of public-private partnerships, establishment of
   81  student scholarships, and replacement of funds lost through
   82  remission of tuition and fees.
   83         4.Creation of benefits for businesses employing
   84  preapprentices or apprentices through a registered
   85  preapprenticeship or apprenticeship program and for educational
   86  institutions offering registered preapprenticeship and
   87  apprenticeship programs.
   88         5.Obstacles to employer engagement in registered
   89  preapprenticeship and apprenticeship programs, and solutions to
   90  such obstacles.
   91         6.Streamlined administrative processes for registered
   92  preapprenticeship and apprenticeship programs.
   93         7.Means to expedite workforce readiness, job entry, and
   94  skill attainment through registered preapprenticeship and
   95  apprenticeship programs.
   96         8.Increased recruitment of veterans, women, members of
   97  minority groups, low-income individuals, and individuals with
   98  disabilities into registered preapprenticeship and
   99  apprenticeship programs and subsequent potential placement
  100  opportunities.
  101         (4)The task force is composed of the following 17 members,
  102  who shall be appointed no later than July 31, 2019:
  103         (a)A member of the Senate appointed by the President of
  104  the Senate.
  105         (b)A member of the House of Representatives appointed by
  106  the Speaker of the House of Representatives.
  107         (c)A member appointed by the Florida Farm Bureau
  108  Federation.
  109         (d)A member appointed by the Florida Home Builders
  110  Association.
  111         (e)A member appointed by the Florida AFL-CIO.
  112         (f)A member appointed by the Manufacturers Association of
  113  Florida.
  114         (g)A member appointed by the Florida Nurses Association.
  115         (h)A member appointed by the Florida Building and
  116  Construction Trades Council.
  117         (i)A member appointed by the Florida High Tech Corridor
  118  Council.
  119         (j)A member appointed by the Florida Association for
  120  Career and Technical Education.
  121         (k)A member appointed by the Florida Association of
  122  Postsecondary Schools and Colleges.
  123         (l)A member appointed by the executive director of the
  124  Department of Economic Opportunity.
  125         (m)A member appointed by the Commissioner of Education.
  126         (n)A member appointed by CareerSource Florida.
  127         (o)A member appointed by the Florida Association of
  128  Apprenticeship Administrators.
  129         (p)A member appointed by the Adult and Community Education
  130  School.
  131         (q)The Chancellor of the Florida College System.
  132         (5)The task force shall elect a chair from among its
  133  members.
  134         (6)The task force shall meet as often as necessary to
  135  fulfill its goals, but not fewer than three times. The first
  136  meeting of the task force must be held no later than August 15,
  137  2019. Task force meetings may be conducted by conference call,
  138  teleconferencing, or similar technology.
  139         (7)Task force members shall serve without compensation.
  140         (8)The Department of Economic Opportunity and the
  141  Department of Education shall provide such assistance as is
  142  reasonably necessary to assist the task force in accomplishing
  143  its goals.
  144         (9)The task force shall submit a report detailing its
  145  activities, findings, and specific recommendations for changes
  146  in law, rules, policies, and programs to the Governor, the
  147  President of the Senate, and the Speaker of the House of
  148  Representatives by March 1, 2020.
  149         (10)This section expires July 31, 2020.
  150         Section 2. Subsection (1) of section 464.008, Florida
  151  Statutes, is amended to read:
  152         464.008 Licensure by examination.—
  153         (1) Any person desiring to be licensed as a registered
  154  nurse or licensed practical nurse shall apply to the department
  155  to take the licensure examination. A person who provides proof
  156  of meeting the educational requirements specified in this
  157  subsection may apply to the department to take the licensure
  158  examination before the department receives any other
  159  documentation required for licensure under this subsection.
  160  However, the person must complete all of the requirements
  161  specified in this subsection before he or she is entitled to
  162  licensure as a registered nurse or licensed practical nurse. The
  163  department shall examine each applicant who:
  164         (a) Has completed the application form and remitted a fee
  165  set by the board not to exceed $150 and has remitted an
  166  examination fee set by the board not to exceed $75 plus the
  167  actual per applicant cost to the department for purchase of the
  168  examination from the National Council of State Boards of Nursing
  169  or a similar national organization.
  170         (b) Has provided sufficient information on or after October
  171  1, 1989, which must be submitted by the department for a
  172  statewide criminal records correspondence check through the
  173  Department of Law Enforcement.
  174         (c) Is in good mental and physical health, is a recipient
  175  of a high school diploma or the equivalent, and has completed
  176  the requirements for:
  177         1. Graduation from an approved program;
  178         2. Graduation from a prelicensure nursing education program
  179  that the board determines is equivalent to an approved program;
  180         3. Graduation on or after July 1, 2009, from an accredited
  181  program; or
  182         4. Graduation before July 1, 2009, from a prelicensure
  183  nursing education program whose graduates at that time were
  184  eligible for examination.
  186  Courses successfully completed in a professional nursing
  187  education program that are at least equivalent to a practical
  188  nursing education program may be used to satisfy the educational
  189  education requirements for licensure as a licensed practical
  190  nurse.
  191         (d) Has the ability to communicate in the English language,
  192  which may be determined by an examination given by the
  193  department.
  194         Section 3. Subsection (1) of section 464.203, Florida
  195  Statutes, is amended to read:
  196         464.203 Certified nursing assistants; certification
  197  requirement.—
  198         (1) The board shall issue a certificate to practice as a
  199  certified nursing assistant to any person who demonstrates a
  200  minimum competency to read and write and successfully passes the
  201  required background screening pursuant to s. 400.215. If the
  202  person has successfully passed the required background screening
  203  pursuant to s. 400.215 or s. 408.809 within 90 days before
  204  applying for a certificate to practice and the person’s
  205  background screening results are not retained in the
  206  clearinghouse created under s. 435.12, the board shall waive the
  207  requirement that the applicant successfully pass an additional
  208  background screening pursuant to s. 400.215. A person may apply
  209  to the board to take the nursing assistant competency
  210  examination before the board receives any other documentation
  211  required for certification under this subsection. However, a
  212  person must complete all of the requirements specified in this
  213  subsection before he or she is entitled to certification as a
  214  certified nursing assistant. The person must also meet one of
  215  the following requirements:
  216         (a) Has successfully completed an approved training program
  217  and achieved a minimum score, established by rule of the board,
  218  on the nursing assistant competency examination, which consists
  219  of a written portion and skills-demonstration portion approved
  220  by the board and administered at a site and by personnel
  221  approved by the department.
  222         (b) Has achieved a minimum score, established by rule of
  223  the board, on the nursing assistant competency examination,
  224  which consists of a written portion and skills-demonstration
  225  portion, approved by the board and administered at a site and by
  226  personnel approved by the department and:
  227         1. Has a high school diploma, or its equivalent; or
  228         2. Is at least 18 years of age.
  229         (c) Is currently certified in another state; is listed on
  230  that state’s certified nursing assistant registry; and has not
  231  been found to have committed abuse, neglect, or exploitation in
  232  that state.
  233         (d) Has completed the curriculum developed under the
  234  Enterprise Florida Jobs and Education Partnership Grant and
  235  achieved a minimum score, established by rule of the board, on
  236  the nursing assistant competency examination, which consists of
  237  a written portion and skills-demonstration portion, approved by
  238  the board and administered at a site and by personnel approved
  239  by the department.
  240         Section 4. Paragraph (b) of subsection (3) of section
  241  1008.34, Florida Statutes, is amended to read:
  242         1008.34 School grading system; school report cards;
  243  district grade.—
  245         (b)1. Beginning with the 2014-2015 school year, a school’s
  246  grade shall be based on the following components, each worth 100
  247  points:
  248         a. The percentage of eligible students passing statewide,
  249  standardized assessments in English Language Arts under s.
  250  1008.22(3).
  251         b. The percentage of eligible students passing statewide,
  252  standardized assessments in mathematics under s. 1008.22(3).
  253         c. The percentage of eligible students passing statewide,
  254  standardized assessments in science under s. 1008.22(3).
  255         d. The percentage of eligible students passing statewide,
  256  standardized assessments in social studies under s. 1008.22(3).
  257         e. The percentage of eligible students who make Learning
  258  Gains in English Language Arts as measured by statewide,
  259  standardized assessments administered under s. 1008.22(3).
  260         f. The percentage of eligible students who make Learning
  261  Gains in mathematics as measured by statewide, standardized
  262  assessments administered under s. 1008.22(3).
  263         g. The percentage of eligible students in the lowest 25
  264  percent in English Language Arts, as identified by prior year
  265  performance on statewide, standardized assessments, who make
  266  Learning Gains as measured by statewide, standardized English
  267  Language Arts assessments administered under s. 1008.22(3).
  268         h. The percentage of eligible students in the lowest 25
  269  percent in mathematics, as identified by prior year performance
  270  on statewide, standardized assessments, who make Learning Gains
  271  as measured by statewide, standardized Mathematics assessments
  272  administered under s. 1008.22(3).
  273         i. For schools comprised of middle grades 6 through 8 or
  274  grades 7 and 8, the percentage of eligible students passing high
  275  school level statewide, standardized end-of-course assessments
  276  or attaining national industry certifications identified in the
  277  CAPE Industry Certification Funding List pursuant to rules
  278  adopted by the State Board of Education.
  280  In calculating Learning Gains for the components listed in sub
  281  subparagraphs e.-h., the State Board of Education shall require
  282  that learning growth toward achievement levels 3, 4, and 5 is
  283  demonstrated by students who scored below each of those levels
  284  in the prior year. In calculating the components in sub
  285  subparagraphs a.-d., the state board shall include the
  286  performance of English language learners only if they have been
  287  enrolled in a school in the United States for more than 2 years.
  288         2. For a school comprised of grades 9, 10, 11, and 12, or
  289  grades 10, 11, and 12, the school’s grade shall also be based on
  290  the following components, each worth 100 points:
  291         a. The 4-year high school graduation rate of the school as
  292  defined by state board rule.
  293         b. The percentage of students who were eligible to earn
  294  college and career credit through College Board Advanced
  295  Placement examinations, International Baccalaureate
  296  examinations, dual enrollment courses, or Advanced International
  297  Certificate of Education examinations; or who, at any time
  298  during high school, earned national industry certification
  299  identified in the CAPE Industry Certification Funding List,
  300  pursuant to rules adopted by the state board; or who, beginning
  301  with the 2019-2020 school year, engaged in an apprenticeship
  302  program or preapprenticeship program, as defined in s. 446.021.
  303         Section 5. Paragraph (n) of subsection (1) of section
  304  1011.62, Florida Statutes, is amended to read:
  305         1011.62 Funds for operation of schools.—If the annual
  306  allocation from the Florida Education Finance Program to each
  307  district for operation of schools is not determined in the
  308  annual appropriations act or the substantive bill implementing
  309  the annual appropriations act, it shall be determined as
  310  follows:
  312  OPERATION.—The following procedure shall be followed in
  313  determining the annual allocation to each district for
  314  operation:
  315         (n) Calculation of additional full-time equivalent
  316  membership based on college board advanced placement scores of
  317  students.—A value of 0.16 full-time equivalent student
  318  membership shall be calculated for each student in each advanced
  319  placement course who receives a score of 3 or higher on the
  320  College Board Advanced Placement Examination. A value of 0.3
  321  full-time equivalent student membership shall be calculated for
  322  each student who receives an Advanced Placement Capstone Diploma
  323  in addition to meeting the requirements for a standard high
  324  school diploma under s. 1003.4282. Such value shall be for the
  325  prior year and added to the total full-time equivalent student
  326  membership in basic programs for grades 9 through 12 in the
  327  subsequent fiscal year. Each district must allocate at least 80
  328  percent of the funds provided to the district for advanced
  329  placement instruction, in accordance with this paragraph, to the
  330  high school that generates the funds. The school district shall
  331  distribute to each classroom teacher who provided advanced
  332  placement instruction:
  333         1. A bonus in the amount of $50 for each student taught by
  334  the Advanced Placement teacher in each advanced placement course
  335  who receives a score of 3 or higher on the College Board
  336  Advanced Placement Examination.
  337         2. An additional bonus of $500 to each Advanced Placement
  338  teacher in a school designated with a grade of “D” or “F” who
  339  has at least one student scoring 3 or higher on the College
  340  Board Advanced Placement Examination, regardless of the number
  341  of classes taught or of the number of students scoring a 3 or
  342  higher on the College Board Advanced Placement Examination.
  344  Bonuses awarded under this paragraph shall be in addition to any
  345  regular wage or other bonus the teacher received or is scheduled
  346  to receive. For such courses, the teacher shall earn an
  347  additional bonus of $50 for each student who has a qualifying
  348  score.
  349         Section 6. Subsection (3) of section 446.011, Florida
  350  Statutes, is amended to read:
  351         446.011 Legislative intent regarding apprenticeship
  352  training.—
  353         (3) It is the further intent of ss. 446.011-446.093 ss.
  354  446.011-446.092 that the department ensure quality training
  355  through the adoption and enforcement of uniform minimum
  356  standards and that the department promote, register, monitor,
  357  and service apprenticeship and training programs and ensure that
  358  the programs adhere to the standards.
  359         Section 7. Section 446.021, Florida Statutes, is amended to
  360  read:
  361         446.021 Definitions of terms used in ss. 446.011-446.093
  362  ss. 446.011-446.092.—As used in ss. 446.011-446.093 ss. 446.011
  363  446.092, the term:
  364         (8)(1) “Preapprentice” means any person 16 years of age or
  365  over engaged in any course of instruction in the public school
  366  system or elsewhere, which course is registered as a
  367  preapprenticeship program with the department.
  368         (1)(2) “Apprentice” means a person at least 16 years of age
  369  who is engaged in learning a recognized skilled trade through
  370  actual work experience under the supervision of journeymen
  371  craftsmen, which training should be combined with properly
  372  coordinated studies of related technical and supplementary
  373  subjects, and who has entered into a written agreement, which
  374  may be cited as an apprentice agreement, with a registered
  375  apprenticeship sponsor who may be either an employer, an
  376  association of employers, or a local joint apprenticeship
  377  committee.
  378         (11)(3) “Trainee” means a person at least 16 years of age
  379  who is engaged in learning a specific skill, trade, or
  380  occupation within a formalized, on-the-job training program.
  381         (5)(4) “Journeyman” means a person working in an
  382  apprenticeable occupation who has successfully completed a
  383  registered apprenticeship program or who has worked the number
  384  of years required by established industry practices for the
  385  particular trade or occupation.
  386         (9)(5) “Preapprenticeship program” means an organized
  387  course of instruction in the public school system or elsewhere,
  388  which course is designed to prepare a person 16 years of age or
  389  older to become an apprentice and which course is approved by
  390  and registered with the department and sponsored by a registered
  391  apprenticeship program.
  392         (2)(6) “Apprenticeship program” means an organized course
  393  of instruction, registered and approved by the department, which
  394  course shall contain all terms and conditions for the
  395  qualifications, recruitment, selection, employment, and training
  396  of apprentices including such matters as the requirements for a
  397  written apprenticeship agreement.
  398         (7) “On-the-job training program” means a formalized system
  399  of job processes which may be augmented by related instruction
  400  that provides the experience and knowledge necessary to meet the
  401  training objective of learning a specific skill, trade, or
  402  occupation. The training program must be at least 6 months and
  403  not more than 2 years in duration and must be registered with
  404  the department.
  405         (12)(8) “Uniform minimum preapprenticeship standards” means
  406  the minimum requirements established uniformly for each craft
  407  under which a preapprenticeship program is administered and
  408  includes standards of admission, training goals, training
  409  objectives, curriculum outlines, objective standards to measure
  410  successful completion of the preapprenticeship program, and the
  411  percentage of credit which may be given to preapprenticeship
  412  graduates upon acceptance into the apprenticeship program.
  413         (10)(9) “Related instruction” means an organized and
  414  systematic form of instruction designed to provide the
  415  apprentice with knowledge of the theoretical subjects related to
  416  a specific trade or occupation.
  417         (3)(10) “Cancellation” means the deregistration of an
  418  apprenticeship program or the termination of an apprenticeship
  419  agreement.
  420         (6)(11) “Jurisdiction” means the specific geographical area
  421  for which a particular program is registered.
  422         (4)(12) “Department” means the Department of Education.
  423         Section 8. Subsections (1) and (13) of section 446.041,
  424  Florida Statutes, are amended to read:
  425         446.041 Apprenticeship program, duties of the department.
  426  The department shall:
  427         (1) Administer ss. 446.011-446.093 ss. 446.011-446.092.
  428         (13) Adopt rules required to administer ss. 446.011-446.093
  429  ss. 446.011-446.092.
  430         Section 9. Subsection (2) of section 446.052, Florida
  431  Statutes, is amended to read:
  432         446.052 Preapprenticeship program.—
  433         (2) The department, under regulations established by the
  434  State Board of Education, may administer the provisions of ss.
  435  446.011-446.093 ss. 446.011-446.092 which relate to
  436  preapprenticeship programs in cooperation with district school
  437  boards and community college district boards of trustees.
  438  District school boards, community college district boards of
  439  trustees, and registered program sponsors shall cooperate in
  440  developing and establishing programs that include career
  441  instruction and general education courses required to obtain a
  442  high school diploma.
  443         Section 10. Subsections (1), (2), and (4) of section
  444  446.081, Florida Statutes, are amended to read:
  445         446.081 Limitation.—
  446         (1) Nothing in ss. 446.011-446.093 ss. 446.011-446.092 or
  447  in any apprentice agreement approved under those sections shall
  448  operate to invalidate any apprenticeship provision in any
  449  collective agreement between employers and employees setting up
  450  higher apprenticeship standards.
  451         (2) No person shall institute any action for the
  452  enforcement of any apprentice agreement, or for damages for the
  453  breach of any apprentice agreement, made under ss. 446.011
  454  446.093 ss. 446.011-446.092, unless he or she has first
  455  exhausted all administrative remedies provided by this section.
  456         (4) Nothing in ss. 446.011-446.093 ss. 446.011-446.092 or
  457  in any rules adopted or contained in any approved apprentice
  458  agreement under such sections invalidates any special provision
  459  for veterans, minority persons, or women in the standards,
  460  qualifications, or operation of the apprenticeship program which
  461  is not otherwise prohibited by any applicable general law, rule,
  462  or regulation.
  463         Section 11. Section 446.091, Florida Statutes, is amended
  464  to read:
  465         446.091 On-the-job training program.—All provisions of ss.
  466  446.011-446.093 ss. 446.011-446.092 relating to apprenticeship
  467  and preapprenticeship, including, but not limited to, programs,
  468  agreements, standards, administration, procedures, definitions,
  469  expenditures, local committees, powers and duties, limitations,
  470  grievances, and ratios of apprentices and job trainees to
  471  journeymen on state, county, and municipal contracts, shall be
  472  appropriately adapted and made applicable to a program of on
  473  the-job training authorized under those provisions for persons
  474  other than apprentices.
  475         Section 12. This act shall take effect July 1, 2019.