Florida Senate - 2020 SB 1244
By Senator Albritton
1 A bill to be entitled
2 An act relating to state workforce development boards;
3 amending s. 445.002, F.S.; defining the terms “for
4 cause” and “state board”; amending s. 445.003, F.S.;
5 replacing CareerSource Florida, Inc., with the state
6 board or the Department of Economic Opportunity in
7 provisions relating to the implementation of the
8 federal Workforce Innovation and Opportunity Act;
9 authorizing, rather than requiring, certain funds to
10 be reserved for the Incumbent Worker Training Program;
11 conforming provisions to changes made by the act;
12 authorizing the state board to hire a director and
13 staff; requiring the state board to authorize the
14 director and staff to work with the department for
15 specified reasons; amending s. 445.004, F.S.; revising
16 provisions relating to the operation of CareerSource
17 Florida, Inc.; revising the purpose of CareerSource
18 Florida, Inc.; providing purpose for the state board;
19 revising the organizational structure of CareerSource
20 Florida, Inc.; providing requirements for the
21 organizational structure of the state board; providing
22 the state board with powers and authority previously
23 held by CareerSource Florida, Inc.; revising the
24 requirements related to such powers and authority;
25 authorizing the department to consult with the state
26 board to issue certain technical assistance letters;
27 requiring the state board, rather than CareerSource
28 Florida, Inc., to submit an annual report to the
29 Governor and the Legislature; authorizing the Auditor
30 General to conduct an audit of the state board and
31 programs or entities created by the state board;
32 requiring the state board, rather than CareerSource
33 Florida, Inc., to establish certain uniform
34 performance accountability measures; requiring the
35 state board, in consultation with the department, to
36 design the workforce development strategy for the
37 state; requiring that the strategy be approved by the
38 Governor; revising requirements relating to the
39 workforce development system; amending s. 445.006,
40 F.S.; requiring that the state board, rather than
41 CareerSource Florida, Inc., take certain actions
42 relating to the state plan for workforce development;
43 amending s. 445.007, F.S.; replacing CareerSource
44 Florida, Inc., with the state board or the department
45 in provisions relating to local workforce development
46 boards; deleting the definition of the term “cause”;
47 authorizing a chief elected official for a local
48 workforce development board to remove certain persons
49 from the board for cause; requiring the department to
50 provide certain guidance to specified entities;
51 deleting an obsolete provision; making technical
52 changes; amending s. 445.0071, F.S.; replacing
53 CareerSource Florida, Inc., with the state board or
54 the department in provisions relating to the Florida
55 Youth Summer Jobs Pilot Program; amending s. 445.008,
56 F.S.; revising authority relating to the Workforce
57 Training Institute; requiring that certain donations
58 and grants be reported to the state board and the
59 department; amending s. 445.009, F.S.; replacing
60 CareerSource Florida, Inc., with the state board or
61 the department in provisions relating to one-stop
62 delivery systems; deleting an obsolete provision;
63 amending s. 445.011, F.S.; replacing CareerSource
64 Florida, Inc., with the department in provisions
65 relating to workforce information systems; requiring
66 the department to consult with the state board in
67 implementing certain automated information systems;
68 deleting a provision requiring CareerSource Florida,
69 Inc., to take certain actions when procuring workforce
70 information systems; amending s. 445.028, F.S.;
71 replacing CareerSource Florida, Inc., with the
72 department in provisions relating to transitional
73 benefits and services; amending s. 445.051, F.S.;
74 replacing CareerSource Florida, Inc., with the state
75 board in provisions relating to individual development
76 accounts; amending ss. 11.45 and 443.171, F.S.;
77 conforming provisions to changes made by the act;
78 providing an effective date.
80 Be It Enacted by the Legislature of the State of Florida:
82 Section 1. Present subsections (2) and (3) of section
83 445.002, Florida Statutes, are redesignated as subsections (3)
84 and (5), respectively, and new subsections (2) and (4) are added
85 to that section, to read:
86 445.002 Definitions.—As used in this chapter, the term:
87 (2) “For cause” includes, but is not limited to, engaging
88 in fraud or other criminal acts, incapacity, unfitness, neglect
89 of duty, official incompetence and irresponsibility,
90 misfeasance, malfeasance, nonfeasance, or lack of performance.
91 (4) “State board” means the state workforce development
92 board established pursuant to the Workforce Innovation and
93 Opportunity Act, Pub. L. No. 113-128, Title I, s. 101. The state
94 board shall be supported by CareerSource Florida, Inc., which
95 works at the direction of the state board in consultation with
96 the department as required by this chapter.
97 Section 2. Subsections (2) and (3), paragraphs (b) and (c)
98 of subsection (4), and subsection (5) of section 445.003,
99 Florida Statutes, are amended, and subsection (6) is added to
100 that section, to read:
101 445.003 Implementation of the federal Workforce Innovation
102 and Opportunity Act.—
103 (2) FOUR-YEAR PLAN.—The state board
104 Inc., shall prepare and submit a 4-year plan, consistent with
105 the requirements of the Workforce Innovation and Opportunity
106 Act. Mandatory and optional federal partners shall be fully
107 involved in designing the plan’s one-stop delivery system
108 strategy. The plan must clearly define each program’s statewide
109 duties and role relating to the system. The plan must detail a
110 process that would fully integrate all federally mandated and
111 optional partners.
112 (3) FUNDING.—
113 (a) Title I, Workforce Innovation and Opportunity Act
114 funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be
115 expended based on the 4-year plan of the state board
116 CareerSource Florida, Inc. The plan must outline and direct the
117 method used to administer and coordinate various funds and
118 programs that are operated by various agencies. The following
119 provisions apply to these funds:
120 1. At least 50 percent of the Title I funds for Adults and
121 Dislocated Workers which are passed through to local workforce
122 development boards shall be allocated to and expended on
123 Individual Training Accounts unless a local workforce
124 development board obtains a waiver from the state board
125 CareerSource Florida, Inc. Tuition, books, and fees of training
126 providers and other training services prescribed and authorized
127 by the Workforce Innovation and Opportunity Act qualify as
128 Individual Training Account expenditures.
129 2. Fifteen percent of Title I funding shall be retained at
130 the state level and dedicated to state administration and shall
131 be used to design, develop, induce, and fund innovative
132 Individual Training Account pilots, demonstrations, and
133 programs. Of such funds retained at the state level, $2 million
134 may shall be reserved for the Incumbent Worker Training Program
135 created under subparagraph 3. Eligible state administration
136 costs include the costs of funding for the state board and state
137 board staff of CareerSource Florida, Inc.; operating fiscal,
138 compliance, and management accountability systems through the
139 department CareerSource Florida, Inc.; conducting evaluation and
140 research on workforce development activities; and providing
141 technical and capacity building assistance to local workforce
142 development areas at the direction of the state board
143 CareerSource Florida, Inc. Notwithstanding s. 445.004, such
144 administrative costs may not exceed 25 percent of these funds.
145 An amount not to exceed 75 percent of these funds shall be
146 allocated to Individual Training Accounts and other workforce
147 development strategies for other training designed and tailored
148 by the department in consultation with the state board
149 CareerSource Florida, Inc., including, but not limited to,
150 programs for incumbent workers, nontraditional employment, and
151 enterprise zones. The department, in consultation with the state
152 board CareerSource Florida, Inc., shall design, adopt, and fund
153 Individual Training Accounts for distressed urban and rural
155 3. The Incumbent Worker Training Program is created for the
156 purpose of providing grant funding for continuing education and
157 training of incumbent employees at existing Florida businesses.
158 The program will provide reimbursement grants to businesses that
159 pay for preapproved, direct, training-related costs.
160 a. The Incumbent Worker Training Program will be
161 administered by CareerSource Florida, Inc., which may, at its
162 discretion, contract with a private business organization to
163 serve as grant administrator.
164 b. The program shall be administered pursuant to s.
165 134(d)(4) of the Workforce Innovation and Opportunity Act.
166 Priority for funding shall be given to businesses with 25
167 employees or fewer, businesses in rural areas, businesses in
168 distressed inner-city areas, businesses in a qualified targeted
169 industry, businesses whose grant proposals represent a
170 significant upgrade in employee skills, or businesses whose
171 grant proposals represent a significant layoff avoidance
173 c. All costs reimbursed by the program must be preapproved
174 by CareerSource Florida, Inc., or the grant administrator. The
175 program may not reimburse businesses for trainee wages, the
176 purchase of capital equipment, or the purchase of any item or
177 service that may possibly be used outside the training project.
178 A business approved for a grant may be reimbursed for
179 preapproved, direct, training-related costs including tuition,
180 fees, books and training materials, and overhead or indirect
181 costs not to exceed 5 percent of the grant amount.
182 d. A business that is selected to receive grant funding
183 must provide a matching contribution to the training project,
184 including, but not limited to, wages paid to trainees or the
185 purchase of capital equipment used in the training project; must
186 sign an agreement with CareerSource Florida, Inc., or the grant
187 administrator to complete the training project as proposed in
188 the application; must keep accurate records of the project’s
189 implementation process; and must submit monthly or quarterly
190 reimbursement requests with required documentation.
191 e. All Incumbent Worker Training Program grant projects
192 shall be performance-based with specific measurable performance
193 outcomes, including completion of the training project and job
194 retention. CareerSource Florida, Inc., or the grant
195 administrator shall withhold the final payment to the grantee
196 until a final grant report is submitted and all performance
197 criteria specified in the grant contract have been achieved.
198 f. The state board CareerSource Florida, Inc., may
199 establish guidelines necessary to implement the Incumbent Worker
200 Training Program.
201 g. No more than 10 percent of the Incumbent Worker Training
202 Program’s total appropriation may be used for overhead or
203 indirect purposes.
204 4. At least 50 percent of Rapid Response funding shall be
205 dedicated to Intensive Services Accounts and Individual Training
206 Accounts for dislocated workers and incumbent workers who are at
207 risk of dislocation. The department CareerSource Florida, Inc.,
208 shall also maintain an Emergency Preparedness Fund from Rapid
209 Response funds, which will immediately issue Intensive Service
210 Accounts, Individual Training Accounts, and other federally
211 authorized assistance to eligible victims of natural or other
212 disasters. At the direction of the Governor, these Rapid
213 Response funds shall be released to local workforce development
214 boards for immediate use after events that qualify under federal
215 law. Funding shall also be dedicated to maintain a unit at the
216 state level to respond to Rapid Response emergencies and to work
217 with state emergency management officials and local workforce
218 development boards. All Rapid Response funds must be expended
219 based on a plan developed by the state board in consultation
220 with the department CareerSource Florida, Inc., and approved by
221 the Governor.
222 (b) The administrative entity for Title I, Workforce
223 Innovation and Opportunity Act funds, and Rapid Response
224 activities is the department of Economic Opportunity, which
225 shall provide direction to local workforce development boards
226 regarding Title I programs and Rapid Response activities
227 pursuant to the direction of CareerSource Florida, Inc.
228 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
230 (b) The state board, in consultation with the department
231 CareerSource Florida, Inc., may make modifications to the
232 state’s plan, policies, and procedures to comply with federally
233 mandated requirements that in its judgment must be complied with
234 to maintain funding provided pursuant to Pub. L. No. 113-128.
235 The state board shall provide written notice to the Governor,
236 the President of the Senate, and the Speaker of the House of
237 Representatives within 30 days after any such changes or
239 (c) The state board CareerSource Florida, Inc., shall enter
240 into a memorandum of understanding with the Florida Department
241 of Education to ensure that federally mandated requirements of
242 Pub. L. No. 113-128 are met and are in compliance with the state
243 plan for workforce development.
244 (5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.—The
245 state board CareerSource Florida, Inc., may recommend workforce
246 related divisions, bureaus, units, programs, duties,
247 commissions, boards, and councils for elimination,
248 consolidation, or privatization.
249 (6) AUTHORITY TO HIRE DIRECTOR AND STAFF.—The state board
250 may hire a director and staff to assist in carrying out the
251 functions of the Workforce Innovation and Opportunity Act and in
252 using funds made available through the act. The state board
253 shall authorize the director and staff to work with the
254 department in carrying out the functions of the Workforce
255 Innovation and Opportunity Act.
256 Section 3. Section 445.004, Florida Statutes, is amended to
258 445.004 CareerSource Florida, Inc., and the state board;
259 creation; purpose; membership; duties and powers.—
260 (1) CareerSource Florida, Inc., is created as a not-for
261 profit corporation, which shall be registered, incorporated,
262 organized, and operated in compliance with chapter 617 and shall
263 operate at the direction of the state board. CareerSource
264 Florida, Inc., is not a unit or entity of state government and
265 is exempt from chapters 120 and 287. CareerSource Florida, Inc.,
266 shall apply the procurement and expenditure procedures required
267 by federal law for the expenditure of federal funds.
268 CareerSource Florida, Inc., shall be administratively housed
269 within the department and shall operate under agreement with the
270 department of Economic Opportunity ; however, CareerSource
271 Florida, Inc., is not subject to control, supervision, or
272 direction by the department in any manner. The Legislature finds
273 that public policy dictates that CareerSource Florida, Inc.,
274 operate in the most open and accessible manner consistent with
275 its public purpose. To this end, the Legislature specifically
276 declares that CareerSource Florida, Inc., its board, councils,
277 and any advisory committees or similar groups created by
278 CareerSource Florida, Inc., are subject to the provisions of
279 chapter 119 relating to public records, and those provisions of
280 chapter 286 relating to public meetings.
281 (2) CareerSource Florida, Inc., provides administrative
282 support for the state board, is the principal workforce policy
283 organization for the state. The purpose of the state board
284 CareerSource Florida, Inc., is to design and implement
285 strategies that help Floridians enter, remain in, and advance in
286 the workplace, so that they may become more highly skilled and
287 successful, which benefits these Floridians, Florida businesses,
288 and the entire state, and fosters the development of the state’s
289 business climate. CareerSource Florida, Inc., shall, consistent
290 with its agreement with the department, implement the policy
291 directives of the state board and administer state workforce
292 development programs as authorized by law.
293 (3)(a) CareerSource Florida, Inc., shall be governed by a
294 board of directors, whose membership and appointment must be
295 consistent with Pub. L. No. 113-128, Title I, s. 101(b). Members
296 of the state board described in Pub. L. No. 113-128, Title I, s.
297 101(b)(1)(C)(iii)(I)(aa) shall be nonvoting members. The number
298 of directors shall be determined by the Governor, who shall
299 consider the importance of minority, gender, and geographic
300 representation in making appointments to the board. When the
301 Governor is in attendance, he or she shall preside at all
302 meetings of the state board of directors.
303 (b) The state board of directors of Car eerSource Florida,
304 Inc., shall be chaired by a board member designated by the
305 Governor pursuant to Pub. L. No. 113-128. A member may not serve
306 more than two terms.
307 (c) Members appointed by the Governor may serve no more
308 than two terms and must be appointed for 3-year terms. However,
309 in order to establish staggered terms for board members, the
310 Governor shall appoint or reappoint one-third of the board
311 members for 1-year terms, one-third of the board members for 2
312 year terms, and one-third of the board members for 3-year terms
313 beginning July 1, 2016. Subsequent appointments or
314 reappointments shall be for 3-year terms, except that a member
315 appointed to fill a vacancy on the board shall be appointed to
316 serve only the remainder of the term of the member whom he or
317 she is replacing, and may be appointed for a subsequent 3-year
318 term. Private sector representatives of businesses, appointed by
319 the Governor pursuant to Pub. L. No. 113-128, shall constitute a
320 majority of the membership of the board. Private sector
321 representatives shall be appointed from nominations received by
322 the Governor, including, but not limited to, those nominations
323 made by the President of the Senate and the Speaker of the House
324 of Representatives. Private sector appointments to the board
325 must be representative of the business community of this state;
326 no fewer than one-half of the appointments must be
327 representative of small businesses, and at least five members
328 must have economic development experience. Members appointed by
329 the Governor serve at the pleasure of the Governor and are
330 eligible for reappointment.
331 (d) The board must include the vice chairperson of the
332 board of directors of Enterprise Florida, Inc., and one member
333 representing each of the Workforce Innovation and Opportunity
334 Act partners, including the Division of Career and Adult
335 Education, and other entities representing programs identified
336 in the Workforce Innovation and Opportunity Act, as determined
338 (e) A member of the state board of directors of
339 CareerSource Florida, Inc. , may be removed by the Governor for
340 cause. Absence from three consecutive meetings results in
341 automatic removal. The chair of the state board CareerSource
342 Florida, Inc., shall notify the Governor of such absences.
343 (f) Representatives of businesses appointed to the state
344 board of directors may not include providers of workforce
346 (g) The state board serves as the board of directors of
347 CareerSource Florida, Inc. The state board shall hire an
348 executive director. The executive director is the president, the
349 chief executive officer, and an employee of CareerSource
350 Florida, Inc.
351 (4)(a) The president of CareerSource Florida, Inc., shall
352 be hired by the board of directors of CareerSource Florida,
353 Inc., and shall serve at the pleasure of the Governor in the
354 capacity of an executive director and secretary of CareerSource
355 Florida, Inc.
356 (b) The state board of directors of CareerSource Florida,
357 Inc., shall meet at least quarterly and at other times upon the
358 call of its chair. The board and its committees, subcommittees,
359 or other subdivisions may use any method of telecommunications
360 to conduct meetings, including establishing a quorum through
361 telecommunications, if the public is given proper notice of the
362 telecommunications meeting and is given reasonable access to
363 observe and, if appropriate, participate.
364 (c) A majority of the total current membership of the state
365 board of directors of CareerSource Florida, Inc., constitutes a
367 (d) A majority of those voting is required to organize and
368 conduct the business of the board, except that a majority of the
369 entire board of directors is required to adopt or amend the
371 (e) Except as delegated or authorized by the state board of
372 directors of CareerSource Florida, Inc., individual members have
373 no authority to control or direct the operations of CareerSource
374 Florida, Inc., or the actions of its officers and employees ,
375 including the president.
376 (f) Members of the state board of directors of CareerSource
377 Florida, Inc., and its committees serve without compensation,
378 but these members, the president, and the employees of
379 CareerSource Florida, Inc., may be reimbursed for all
380 reasonable, necessary, and actual expenses pursuant to s.
382 (g) The state board shall of directors of CareerSource
383 Florida, Inc. , may establish an executive committee consisting
384 of the chair and at least six additional board members selected
385 by the chair, one of whom must be a representative of organized
386 labor. The executive committee and the president have such
387 authority as the board delegates to them, except that the state
388 board of directors may not delegate to the executive committee
389 authority to take action that requires approval by a majority of
390 the entire state board of directors.
391 (h) The chair may appoint committees to fulfill the board’s
392 responsibilities, to comply with federal requirements, or to
393 obtain technical assistance, and must incorporate members of
394 local workforce development boards into its structure.
395 (i) Each member of the state board of directors who is not
396 otherwise required to file a financial disclosure pursuant to s.
397 8, Art. II of the State Constitution or s. 112.3144 must file
398 disclosure of financial interests pursuant to s. 112.3145.
399 (5) The state board CareerSource Florida, Inc., shall have
400 all the powers and authority not explicitly prohibited by
401 statute which are necessary or convenient to carry out and
402 effectuate its purposes as determined by statute, Pub. L. No.
403 113-128, and the Governor, as well as its functions, duties, and
404 responsibilities, including, but not limited to, the following:
405 (a) Serving as the state’s Workforce Development Board
406 pursuant to Pub. L. No. 113-128. Unless otherwise required by
407 federal law, at least 90 percent of workforce development
408 funding must go toward direct customer service.
409 (b) Providing oversight and policy direction to ensure that
410 the following programs are administered by the department
411 consistent in compliance with approved plans and under contract
412 with CareerSource Florida, Inc.:
413 1. Programs authorized under Title I of the Workforce
414 Innovation and Opportunity Act, Pub. L. No. 113-128, with the
415 exception of programs funded directly by the United States
416 Department of Labor under Title I, s. 167.
417 2. Programs authorized under the Wagner-Peyser Act of 1933,
418 as amended, 29 U.S.C. ss. 49 et seq.
419 3. Activities authorized under Title II of the Trade Act of
420 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
421 Adjustment Assistance Program.
422 4. Activities authorized under 38 U.S.C. chapter 41,
423 including job counseling, training, and placement for veterans.
424 5. Employment and training activities carried out under
425 funds awarded to this state by the United States Department of
426 Housing and Urban Development.
427 6. Welfare transition services funded by the Temporary
428 Assistance for Needy Families Program, created under the
429 Personal Responsibility and Work Opportunity Reconciliation Act
430 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
431 of the Social Security Act, as amended.
432 7. The Florida Bonding Program, provided under Pub. L. No.
433 97-300, s. 164(a)(1).
434 8. The Food Assistance Employment and Training Program,
435 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
436 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
437 and the Hunger Prevention Act, Pub. L. No. 100-435.
438 9. The Quick-Response Training Program, provided under ss.
439 288.046-288.047. Matching funds and in-kind contributions that
440 are provided by clients of the Quick-Response Training Program
441 shall count toward the requirements of s. 288.904, pertaining to
442 the return on investment from activities of Enterprise Florida,
444 10. The Work Opportunity Tax Credit, provided under the Tax
445 and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
446 the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
447 11. Offender placement services, provided under ss.
449 (c) The department may adopt rules necessary to administer
450 this chapter which relate to implementing and administering the
451 programs listed in paragraph (b) as well as rules related to
452 eligible training providers and auditing and monitoring
453 subrecipients of the workforce system grant funds. The
454 department may consult with the state board to issue technical
455 assistance letters on the operation of federal programs and the
456 expenditure of federal funds by the state board or any local
457 workforce development board. A technical assistance letter must
458 be in writing, must be posted on the department’s website, and
459 remains in effect until superseded or terminated. A technical
460 assistance letter is not a declaratory statement issued pursuant
461 to s. 120.565, an order issued pursuant to s. 120.569, or a rule
462 of general applicability under s. 120.54. Section 120.53 does
463 not apply to technical assistance letters.
464 (d) Contracting with public and private entities as
465 necessary to further the directives of this section. All
466 contracts executed by CareerSource Florida, Inc., must include
467 specific performance expectations and deliverables. All
468 CareerSource Florida, Inc., contracts, including those
469 solicited, managed, or paid by the department pursuant to s.
470 20.60(5)(c) are exempt from s. 112.061, but shall be governed by
471 subsection (1).
472 (e) Notifying the Governor and the department of statewide
473 or local workforce development and training needs that may
474 require policy changes or an update to the state plan required
475 under s. 445.003, and notifying the Governor, the President of
476 the Senate, and the Speaker of the House of Representatives of
477 noncompliance by the department or other agencies or obstruction
478 of the state board’s efforts by such agencies. Upon such
479 notification, the Executive Office of the Governor shall assist
480 agencies to bring them into compliance with board objectives.
481 (f) Ensuring that the state does not waste valuable
482 training resources. The state board’s policy shall be board
483 shall direct that all resources, including equipment purchased
484 for training Workforce Innovation and Opportunity Act clients,
485 be available for use at all times by eligible populations as
486 first priority users. At times when eligible populations are not
487 available, such resources shall be used for any other state
488 authorized education and training purpose. The state board
489 CareerSource Florida, Inc., may authorize expenditures to award
490 suitable framed certificates, pins, or other tokens of
491 recognition for performance by a local workforce development
492 board, its committees and subdivisions, and other units of the
493 workforce system. The state board CareerSource Florida, Inc.,
494 may also authorize expenditures for promotional items, such as
495 t-shirts, hats, or pens printed with messages promoting the
496 state’s workforce system to employers, job seekers, and program
497 participants. However, such expenditures are subject to federal
498 regulations applicable to the expenditure of federal funds.
499 (g) Establishing a dispute resolution process for all
500 memoranda of understanding or other contracts or agreements
501 entered into between the department and local workforce
502 development boards.
503 (h) Archiving records with the Bureau of Archives and
504 Records Management of the Division of Library and Information
505 Services of the Department of State.
506 (6) The state board CareerSource Florida, Inc., may take
507 action that it deems necessary to achieve the purposes of this
508 section, including, but not limited to:
509 (a) Creating a state employment, education, and training
510 policy that ensures that programs to prepare workers are
511 responsive to present and future business and industry needs and
512 complement the initiatives of Enterprise Florida, Inc.
513 (b) Establishing policy direction for a funding system that
514 provides incentives to improve the outcomes of career education,
515 registered apprenticeship, and work-based learning programs and
516 that focuses resources on occupations related to new or emerging
517 industries that add greatly to the value of the state’s economy.
518 (c) Establishing a comprehensive policy related to the
519 education and training of target populations such as those who
520 have disabilities, are economically disadvantaged, receive
521 public assistance, are not proficient in English, or are
522 dislocated workers. This approach should ensure the effective
523 use of federal, state, local, and private resources in reducing
524 the need for public assistance.
525 (d) Designating Institutes of Applied Technology composed
526 of public and private postsecondary institutions working
527 together with business and industry to ensure that career
528 education programs use the most advanced technology and
529 instructional methods available and respond to the changing
530 needs of business and industry.
531 (e) Providing policy direction for a system to project and
532 evaluate labor market supply and demand using the results of the
533 Workforce Estimating Conference created in s. 216.136 and the
534 career education performance standards identified under s.
536 (f) Reviewing the performance of public programs that are
537 responsible for economic development, education, employment, and
538 training. The review must include an analysis of the return on
539 investment of these programs.
540 (g) Expanding the occupations identified by the Workforce
541 Estimating Conference to meet needs created by local emergencies
542 or plant closings or to capture occupations within emerging
544 (7) By December 1 of each year, the state board
545 CareerSource Florida, Inc., shall submit to the Governor, the
546 President of the Senate, the Speaker of the House of
547 Representatives, the Senate Minority Leader, and the House
548 Minority Leader a complete and detailed annual report setting
550 (a) All audits, including any audit conducted under
551 subsection (8).
552 (b) The operations and accomplishments of the board,
553 including the programs or entities specified in subsection (6).
554 (8) Pursuant to his or her own authority or at the
555 direction of the Legislative Auditing Committee, the Auditor
556 General may conduct an audit of the state board and CareerSource
557 Florida, Inc., or the programs or entities created by the state
558 board CareerSource Florida, Inc. The Office of Program Policy
559 Analysis and Government Accountability, pursuant to its
560 authority or at the direction of the Legislative Auditing
561 Committee, may review the systems and controls related to
562 performance outcomes and quality of services of CareerSource
563 Florida, Inc.
564 (9) The state board CareerSource Florida, Inc., in
565 collaboration with the local workforce development boards and
566 appropriate state agencies and local public and private service
567 providers, shall establish uniform performance accountability
568 measures that apply across the core programs to gauge the
569 performance of the state and local workforce development boards
570 in achieving the workforce development strategy.
571 (a) The performance accountability measures for the core
572 programs consist of the primary indicators of performance, any
573 additional indicators of performance, and a state-adjusted level
574 of performance for each indicator pursuant to Pub. L. No. 113
575 128, Title I, s. 116(b).
576 (b) The performance accountability measures for each local
577 area consist of the primary indicators of performance, any
578 additional indicators of performance, and a local level of
579 performance for each indicator pursuant to Pub. L. No. 113-128.
580 The local level of performance is determined by the local board,
581 the chief elected official, and the Governor pursuant to Pub. L.
582 No. 113-128, Title I, s. 116(c).
583 (c) Performance accountability measures shall be used to
584 generate performance reports pursuant to Pub. L. No. 113-128,
585 Title I, s. 116(d).
586 (d) The performance accountability measures of success that
587 are adopted by the state board CareerSource Florida, Inc., or
588 the local workforce development boards must be developed in a
589 manner that provides for an equitable comparison of the relative
590 success or failure of any service provider in terms of positive
592 (10) The workforce development strategy for the state shall
593 be designed by the state board, in consultation with the
594 department, and approved by the Governor CareerSource Florida,
595 Inc. The strategy must include efforts that enlist business,
596 education, and community support for students to achieve long
597 term career goals, ensuring that young people have the academic
598 and occupational skills required to succeed in the workplace.
599 The strategy must also assist employers in upgrading or updating
600 the skills of their employees and assisting workers to acquire
601 the education or training needed to secure a better job with
602 better wages. The strategy must assist the state’s efforts to
603 attract and expand job-creating businesses offering high-paying,
604 high-demand occupations.
605 (11) The workforce development system must encourage use a
606 charter-process approach aimed at encouraging local design and
607 control of service delivery and targeted activities. The state
608 board, in consultation with the department CareerSource Florida,
609 Inc., shall be responsible for ensuring that granting charters
610 to local workforce development boards that have a membership
611 consistent with the requirements of federal and state law and
612 have developed a plan consistent with the state’s workforce
613 development strategy. The plan must specify methods for
614 allocating the resources and programs in a manner that
615 eliminates unwarranted duplication, minimizes administrative
616 costs, meets the existing job market demands and the job market
617 demands resulting from successful economic development
618 activities, ensures access to quality workforce development
619 services for all Floridians, allows for pro rata or partial
620 distribution of benefits and services, prohibits the creation of
621 a waiting list or other indication of an unserved population,
622 serves as many individuals as possible within available
623 resources, and maximizes successful outcomes. The state board As
624 part of the charter process, CareerSource Florida, Inc., shall
625 establish incentives for effective coordination of federal and
626 state programs, outline rewards for successful job placements,
627 and institute collaborative approaches among local service
628 providers. Local decisionmaking and control shall be important
629 components for inclusion in this charter application.
630 (12) CareerSource Florida, Inc., under the direction of the
631 state board, shall enter into agreement with Space Florida and
632 collaborate with vocational institutes, community colleges,
633 colleges, and universities in this state to develop a workforce
634 development strategy to implement the workforce provisions of s.
636 Section 4. Section 445.006, Florida Statutes, is amended to
638 445.006 State plan for workforce development.—
639 (1) STATE PLAN.—The state board CareerSource Florida, Inc.,
640 in conjunction with state and local partners in the workforce
641 system, shall develop a state plan that produces an educated and
642 skilled workforce. The state plan must consist of strategic and
643 operational planning elements. The state plan shall be submitted
644 by the Governor to the United States Department of Labor
645 pursuant to the requirements of Pub. L. No. 113-128.
646 (2) STRATEGIC PLANNING ELEMENTS.—The state board
647 CareerSource Florida, Inc., in conjunction with state and local
648 partners in the workforce system, shall develop strategic
649 planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
650 102, for the state plan.
651 (a) The strategic planning elements of the state plan must
652 include, but need not be limited to, strategies for:
653 1. Fulfilling the workforce system goals and strategies
654 prescribed in s. 445.004;
655 2. Aggregating, integrating, and leveraging workforce
656 system resources;
657 3. Coordinating the activities of federal, state, and local
658 workforce system partners;
659 4. Addressing the workforce needs of small businesses; and
660 5. Fostering the participation of rural communities and
661 distressed urban cores in the workforce system.
662 (b) The strategic planning elements must include criteria
663 for allocating workforce resources to local workforce
664 development boards. With respect to allocating funds to serve
665 customers of the welfare transition program, such criteria may
666 include weighting factors that indicate the relative degree of
667 difficulty associated with securing and retaining employment
668 placements for specific subsets of the welfare transition
670 (3) OPERATIONAL PLANNING ELEMENTS.—The state board
671 CareerSource Florida, Inc., in conjunction with state and local
672 partners in the workforce system, shall develop operational
673 planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
674 102, for the state plan.
675 Section 5. Subsection (1), paragraph (b) of subsection (2),
676 and subsections (3) through (7) and (9) through (13) of section
677 445.007, Florida Statutes, are amended, and paragraph (c) is
678 added to subsection (2) of that section, to read:
679 445.007 Local workforce development boards.—
680 (1) One local workforce development board shall be
681 appointed in each designated service delivery area and shall
682 serve as the local workforce development board pursuant to Pub.
683 L. No. 113-128. The membership of the local board must be
684 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
685 public education or training provider is represented on the
686 local board, a representative of a private education provider
687 must also be appointed to the local board. The state board
688 CareerSource Florida, Inc., may waive this requirement if
689 requested by a local workforce development board if it is
690 demonstrated that such representatives do not exist in the
691 region. The importance of minority and gender representation
692 shall be considered when making appointments to the local board.
693 The local board, its committees, subcommittees, and
694 subdivisions, and other units of the workforce system, including
695 units that may consist in whole or in part of local governmental
696 units, may use any method of telecommunications to conduct
697 meetings, including establishing a quorum through
698 telecommunications, provided that the public is given proper
699 notice of the telecommunications meeting and reasonable access
700 to observe and, when appropriate, participate. Local workforce
701 development boards are subject to chapters 119 and 286 and s.
702 24, Art. I of the State Constitution. If the local workforce
703 development board enters into a contract with an organization or
704 individual represented on the local board of directors, the
705 contract must be approved by a two-thirds vote of the local
706 board, a quorum having been established, and the local board
707 member who could benefit financially from the transaction must
708 abstain from voting on the contract. A local board member must
709 disclose any such conflict in a manner that is consistent with
710 the procedures outlined in s. 112.3143. Each member of a local
711 workforce development board who is not otherwise required to
712 file a full and public disclosure of financial interests
713 pursuant to s. 8, Art. II of the State Constitution or s.
714 112.3144 shall file a statement of financial interests pursuant
715 to s. 112.3145. The executive director or designated person
716 responsible for the operational and administrative functions of
717 the local workforce development board who is not otherwise
718 required to file a full and public disclosure of financial
719 interests pursuant to s. 8, Art. II of the State Constitution or
720 s. 112.3144 shall file a statement of financial interests
721 pursuant to s. 112.3145.
723 (b) The Governor may remove a member of the local board,
724 the executive director of the local board, or the designated
725 person responsible for the operational and administrative
726 functions of the local board for cause. As used in this
727 paragraph, the term “cause” includes, but is not limited to,
728 engaging in fraud or other criminal acts, incapacity, unfitness,
729 neglect of duty, official incompetence and irresponsibility,
730 misfeasance, malfeasance, nonfeasance, or lack of performance.
731 (c) The chief elected official for the local workforce
732 development board may remove a member of the local board, the
733 executive director of the local board, or the designated person
734 responsible for the operational and administrative functions of
735 the local board for cause.
736 (3) The department of Economic Opportunity, u nder the
737 direction of CareerSource Florida, Inc., shall assign staff to
738 meet with each local workforce development board annually to
739 review the local board’s performance and to certify that the
740 local board is in compliance with applicable state and federal
742 (4) In addition to the duties and functions specified by
743 the state board CareerSource Florida, In c., and by the
744 interlocal agreement approved by the local county or city
745 governing bodies, the local workforce development board shall
746 have the following responsibilities:
747 (a) Develop, submit, ratify, or amend the local plan
748 pursuant to Pub. L. No. 113-128, Title I, s. 108 and this act.
749 (b) Conclude agreements necessary to designate the fiscal
750 agent and administrative entity. A public or private entity,
751 including an entity established pursuant to s. 163.01, which
752 makes a majority of the appointments to a local workforce
753 development board may serve as the local board’s administrative
754 entity if approved by the department CareerSource Florida, Inc.,
755 based upon a showing that a fair and competitive process was
756 used to select the administrative entity.
757 (c) Complete assurances required for the charter process of
758 CareerSource Florida, Inc., and Provide ongoing oversight
759 related to administrative costs, duplicated services, career
760 counseling, economic development, equal access, compliance and
761 accountability, and performance outcomes.
762 (d) Oversee the one-stop delivery system in its local area.
763 (5) The department, in conjunction with the state board
764 CareerSource Florida, Inc., shall implement a training program
765 for the local workforce development boards to familiarize local
766 board members with the state’s workforce development goals and
768 (6) The local workforce development board shall designate
769 all local service providers and may not transfer this authority
770 to a third party. Consistent with the intent of the Workforce
771 Innovation and Opportunity Act, local workforce development
772 boards should provide the greatest possible choice of training
773 providers to those who qualify for training services. A local
774 workforce development board may not restrict the choice of
775 training providers based upon cost, location, or historical
776 training arrangements. However, a local board may restrict the
777 amount of training resources available to any one client. Such
778 restrictions may vary based upon the cost of training in the
779 client’s chosen occupational area. The local workforce
780 development board may be designated as a one-stop operator and
781 direct provider of intake, assessment, eligibility
782 determinations, or other direct provider services except
783 training services. Such designation may occur only with the
784 agreement of the chief elected official and the Governor as
785 specified in 29 U.S.C. s. 2832(f)(2). The state board
786 CareerSource Florida, Inc., shall establish procedures by which
787 a local workforce development board may request permission to
788 operate under this section and the criteria under which such
789 permission may be granted. The criteria shall include, but need
790 not be limited to, a reduction in the cost of providing the
791 permitted services. Such permission shall be granted for a
792 period not to exceed 3 years for any single request submitted by
793 the local workforce development board.
794 (7) Local workforce development boards shall adopt a
795 committee structure consistent with applicable federal law and
796 state policies established by the state board CareerSource
797 Florida, Inc.
798 (9) For purposes of procurement, local workforce
799 development boards and their administrative entities are not
800 state agencies and are exempt from chapters 120 and 287. The
801 local workforce development boards shall apply the procurement
802 and expenditure procedures required by federal law and policies
803 of the department of Economic Opportunity and the state board
804 CareerSource Florida, Inc., for the expenditure of federal,
805 state, and nonpass-through funds. The making or approval of
806 smaller, multiple payments for a single purchase with the intent
807 to avoid or evade the monetary thresholds and procedures
808 established by federal law and policies of the department of
809 Economic Opportunity and the state board CareerSource Florida,
810 Inc., is grounds for removal for cause. Local workforce
811 development boards, their administrative entities, committees,
812 and subcommittees, and other workforce units may authorize
813 expenditures to award suitable framed certificates, pins, or
814 other tokens of recognition for performance by units of the
815 workforce system. Local workforce development boards; their
816 administrative entities, committees, and subcommittees; and
817 other workforce units may authorize expenditures for promotional
818 items, such as t-shirts, hats, or pens printed with messages
819 promoting Florida’s workforce system to employers, job seekers,
820 and program participants. However, such expenditures are subject
821 to federal regulations applicable to the expenditure of federal
822 funds. All contracts executed by local workforce development
823 boards must include specific performance expectations and
825 (10) State and federal funds provided to the local
826 workforce development boards may not be used directly or
827 indirectly to pay for meals, food, or beverages for board
828 members, staff, or employees of local workforce development
829 boards, the state board CareerSource Florida, Inc., or the
830 department of Economic Opportunity except as expressly
831 authorized by state law. Preapproved, reasonable, and necessary
832 per diem allowances and travel expenses may be reimbursed. Such
833 reimbursement shall be at the standard travel reimbursement
834 rates established in s. 112.061 and shall be in compliance with
835 all applicable federal and state requirements. The department
836 shall provide fiscal and programmatic guidance CareerSource
837 Florida, Inc., shall develop a statewide fiscal policy
838 applicable to the state board, CareerSource Florida, Inc., and
839 all local workforce development boards, to hold both the state
840 and local workforce development boards strictly accountable for
841 adherence to the policy and subject to regular and periodic
842 monitoring by the department of Economic Opportunity, th e
843 administrative entity for CareerSource Florida, Inc. Local
844 boards are prohibited from expending state or federal funds for
845 entertainment costs and recreational activities for local board
846 members and employees as these terms are defined by 2 C.F.R.
847 part 200 230.
848 (11) To increase transparency and accountability, a local
849 workforce development board must comply with the requirements of
850 this section before contracting with a member of the local board
851 or a relative, as defined in s. 112.3143(1)(c), of a local board
852 member or of an employee of the local board. Such contracts may
853 not be executed before or without the prior approval of the
854 department CareerSource Florida, Inc. Such contracts, as well as
855 documentation demonstrating adherence to this section as
856 specified by the department C areerSource Florida, Inc., must be
857 submitted to the department of Economic Opportunity for review
858 and approval recommendation according to criteria to be
859 determined by CareerSource Florida, Inc. Such a contract must be
860 approved by a two-thirds vote of the local board, a quorum
861 having been established; all conflicts of interest must be
862 disclosed before the vote; and any member who may benefit from
863 the contract, or whose relative may benefit from the contract,
864 must abstain from the vote. A contract under $25,000 between a
865 local workforce development board and a member of that board or
866 between a relative, as defined in s. 112.3143(1)(c), of a local
867 board member or of an employee of the local board is not
868 required to have the prior approval of the department
869 CareerSource Florida, Inc., but must be approved by a two-thirds
870 vote of the local board, a quorum having been established, and
871 must be reported to the department of Economic Opportunity and
872 the state board CareerSource Florida, Inc., within 30 days after
873 approval. If a contract cannot be approved by the department
874 CareerSource Florida, Inc., a review of the decision to
875 disapprove the contract may be requested by the local workforce
876 development board or other parties to the disapproved contract.
877 (12) Each local workforce development board shall develop a
878 budget for the purpose of carrying out the duties of the local
879 board under this section, subject to the approval of the chief
880 elected official. Each local workforce development board shall
881 submit its annual budget for review to the department
882 CareerSource Florida, Inc., no later than 2 weeks after the
883 chair approves the budget.
884 (13) By March 1, 2018, CareerSource Florida, Inc., shall
885 establish regional planning areas in accordance with Pub. L. No.
886 113-128, Title I, s. 106(a)(2). Local workforce development
887 boards and chief elected officials within identified regional
888 planning areas shall prepare a regional workforce development
889 plan as required under Pub. L. No. 113-128, Title I, s.
891 Section 6. Subsections (1) and (4) of section 445.0071,
892 Florida Statutes, are amended to read:
893 445.0071 Florida Youth Summer Jobs Pilot Program.—
894 (1) CREATION.—Contingent upon appropriations, there is
895 created the Florida Youth Summer Jobs Pilot Program within
896 workforce development district 22 served by the Broward
897 Workforce Development Board. The board shall, in consultation
898 with the state board CareerSource Florida, Inc., provide a
899 program offering at-risk and disadvantaged children summer jobs
900 in partnership with local communities and public employers.
901 (4) GOVERNANCE.—
902 (a) The pilot program shall be administered by the local
903 workforce development board in consultation with the state board
904 CareerSource Florida, Inc.
905 (b) The local workforce development board shall report to
906 the state board and the department CareerSource Florida, Inc.,
907 the number of at-risk and disadvantaged children who enter the
908 program, the types of work activities they participate in, and
909 the number of children who return to school, go on to
910 postsecondary school, or enter the workforce full time at the
911 end of the program. The state board CareerSource Florida, Inc.,
912 shall report to the Legislature by November 1 of each year on
913 the performance of the program.
914 Section 7. Subsections (1) and (2) of section 445.008,
915 Florida Statutes, are amended to read:
916 445.008 Workforce Training Institute.—
917 (1) The state board, through CareerSource Florida, Inc.,
918 may create the Workforce Training Institute, which shall be a
919 comprehensive program of workforce training courses designed to
920 meet the unique needs of, and shall include Internet-based
921 training modules suitable for and made available to,
922 professionals integral to the workforce system, including
923 advisors and counselors in educational institutions.
924 (2) The state board, through CareerSource Florida, Inc.,
925 may enter into a contract for the provision of administrative
926 support services for the institute and shall adopt policies for
927 the administration and operation of the institute and establish
928 admission fees in an amount which, in the aggregate, does not
929 exceed the cost of the program. CareerSource Florida, Inc., may
930 accept donations or grants of any type for any function or
931 purpose of the institute. All donations and grants received by
932 CareerSource Florida, Inc., must be reported to the state board
933 and the department.
934 Section 8. Subsections (2), (3), and (4), paragraph (b) of
935 subsection (6), subsection (7), paragraphs (a), (c), and (d) of
936 subsection (8), and subsection (9) of section 445.009, Florida
937 Statutes, are amended to read:
938 445.009 One-stop delivery system.—
939 (2)(a) Subject to a process designed by the state board
940 CareerSource Florida, Inc., and in compliance with Pub. L. No.
941 113-128, local workforce development boards shall designate one
942 stop delivery system operators.
943 (b) A local workforce development board may designate as
944 its one-stop delivery system operator any public or private
945 entity that is eligible to provide services under any state or
946 federal workforce program that is a mandatory or discretionary
947 partner in the local workforce development area’s one-stop
948 delivery system if approved by the department CareerSource
949 Florida, Inc., upon a showing by the local workforce development
950 board that a fair and competitive process was used in the
951 selection. As a condition of authorizing a local workforce
952 development board to designate such an entity as its one-stop
953 delivery system operator, the department CareerSource Florida,
954 Inc., must require the local workforce development board to
955 demonstrate that safeguards are in place to ensure that the one
956 stop delivery system operator will not exercise an unfair
957 competitive advantage or unfairly refer or direct customers of
958 the one-stop delivery system to services provided by that one
959 stop delivery system operator. A local workforce development
960 board may retain its current one-stop career center operator
961 without further procurement action if the board has an
962 established one-stop career center that has complied with
963 federal and state law.
964 (c) The local workforce development board must enter into a
965 memorandum of understanding with each mandatory or optional
966 partner participating in the one-stop delivery system which
967 details the partner’s required contribution to infrastructure
968 costs, as required by Pub. L. No. 113-128, s. 121(h). If the
969 local workforce development board and the one-stop partner are
970 unable to come to an agreement regarding infrastructure costs by
971 July 1, 2017, the costs shall be allocated pursuant to a policy
972 established by the Governor.
973 (3) Local workforce development boards shall enter into a
974 memorandum of understanding with the department of Economic
975 Opportunity for the delivery of employment services authorized
976 by the federal Wagner-Peyser Act. This memorandum of
977 understanding must be performance based.
978 (a) Unless otherwise required by federal law, at least 90
979 percent of the Wagner-Peyser funding must go into direct
980 customer service costs.
981 (b) Employment services must be provided through the one
982 stop delivery system, under the guidance of one-stop delivery
983 system operators. One-stop delivery system operators shall have
984 overall authority for directing the staff of the workforce
985 system. Personnel matters shall remain under the ultimate
986 authority of the department. However, the one-stop delivery
987 system operator shall submit to the department information
988 concerning the job performance of employees of the department
989 who deliver employment services. The department shall consider
990 any such information submitted by the one-stop delivery system
991 operator in conducting performance appraisals of the employees.
992 (c) The department shall retain fiscal responsibility and
993 accountability for the administration of funds allocated to the
994 state under the Wagner-Peyser Act. An employee of the department
995 who is providing services authorized under the Wagner-Peyser Act
996 shall be paid using Wagner-Peyser Act funds.
997 (4) One-stop delivery system partners shall enter into a
998 memorandum of understanding pursuant to Pub. L. No. 113-128,
999 Title I, s. 121, with the local workforce development board.
1000 Failure of a local partner to participate cannot unilaterally
1001 block the majority of partners from moving forward with their
1002 one-stop delivery system, and the state board, in conjunction
1003 with the department, may notify the Governor CareerSource
1004 Florida, Inc., pursuant to s. 445.004(5)(e), may make
1005 notification of a local partner that fails to participate.
1007 (b) To expand electronic capabilities, the state board and
1008 the department CareerSource Florida, Inc., working with local
1009 workforce development boards, shall develop a centralized help
1010 center to assist local workforce development boards in
1011 fulfilling core services, minimizing the need for fixed-site
1012 one-stop delivery system centers.
1013 (7) Intensive services and training provided pursuant to
1014 Pub. L. No. 113-128 shall be provided to individuals through
1015 Intensive Service Accounts and Individual Training Accounts. The
1016 state board CareerSource Florida, Inc., shall develop an
1017 implementation plan, including identification of initially
1018 eligible training providers, transition guidelines, and criteria
1019 for use of these accounts. Individual Training Accounts must be
1020 compatible with Individual Development Accounts for education
1021 allowed in federal and state welfare reform statutes.
1022 (8)(a) Individual Training Accounts must be expended on
1023 programs that prepare people to enter high-wage occupations
1024 identified by the Workforce Estimating Conference created by s.
1025 216.136, and on other programs recommended by the state board
1026 and approved by the department as approved by CareerSource
1027 Florida, Inc.
1028 (c) The department CareerSource Florida, Inc., shall
1029 periodically review Individual Training Account pricing
1030 schedules developed by local workforce development boards and
1031 present findings and recommendations for process improvement to
1032 the President of the Senate and the Speaker of the House of
1034 (d) To the maximum extent possible, training providers
1035 shall use funding sources other than the funding provided under
1036 Pub. L. No. 113-128. The state board CareerSource Florida, Inc.,
1037 shall develop a system to encourage the leveraging of
1038 appropriated resources for the workforce system and shall report
1039 on such efforts as part of the required annual report.
1040 (9)(a) The state board CareerSource Florida, Inc., working
1041 with the department, shall coordinate among the agencies a plan
1042 for a One-Stop Electronic Network made up of one-stop delivery
1043 system centers and other partner agencies that are operated by
1044 authorized public or private for-profit or not-for-profit
1045 agents. The plan shall identify resources within existing
1046 revenues to establish and support this electronic network for
1047 service delivery that includes Government Services Direct. If
1048 necessary, the plan shall identify additional funding needed to
1049 achieve the provisions of this subsection.
1050 (b) The network shall assure that a uniform method is used
1051 to determine eligibility for and management of services provided
1052 by agencies that conduct workforce development activities. The
1053 Department of Management Services shall develop strategies to
1054 allow access to the databases and information management systems
1055 of the following systems in order to link information in those
1056 databases with the one-stop delivery system:
1057 1. The Reemployment Assistance Program under chapter 443.
1058 2. The public employment service described in s. 443.181.
1059 3. The public assistance information system used by the
1060 Department of Children and Families and the components related
1061 to temporary cash assistance, food assistance, and Medicaid
1063 4. The Student Financial Assistance System of the
1064 Department of Education.
1065 5. Enrollment in the public postsecondary education system.
1066 6. Other information systems determined appropriate by the
1067 state board in consultation with the department CareerSource
1068 Florida, Inc.
1069 Section 9. Section 445.011, Florida Statutes, is amended to
1071 445.011 Workforce information systems.—
1072 (1) The department, in consultation with the state board
1073 CareerSource Florida, Inc., shall implement, subject to
1074 legislative appropriation, automated information systems that
1075 are necessary for the efficient and effective operation and
1076 management of the workforce development system. These
1077 information systems shall include, but need not be limited to,
1078 the following:
1079 (a) An integrated management system for the one-stop
1080 service delivery system, which includes, at a minimum, common
1081 registration and intake, screening for needs and benefits, case
1082 planning and tracking, training benefits management, service and
1083 training provider management, performance reporting, executive
1084 information and reporting, and customer-satisfaction tracking
1085 and reporting.
1086 1. The system should report current budgeting, expenditure,
1087 and performance information for assessing performance related to
1088 outcomes, service delivery, and financial administration for
1089 workforce programs pursuant to s. 445.004(5) and (9).
1090 2. The information system should include auditable systems
1091 and controls to ensure financial integrity and valid and
1092 reliable performance information.
1093 3. The system should support service integration and case
1094 management by providing for case tracking for participants in
1095 welfare transition programs.
1096 (b) An automated job-matching information system that is
1097 accessible to employers, job seekers, and other users via the
1098 Internet, and that includes, at a minimum:
1099 1. Skill match information, including skill gap analysis;
1100 resume creation; job order creation; skill tests; job search by
1101 area, employer type, and employer name; and training provider
1103 2. Job market information based on surveys, including
1104 local, state, regional, national, and international occupational
1105 and job availability information; and
1106 3. Service provider information, including education and
1107 training providers, child care facilities and related
1108 information, health and social service agencies, and other
1109 providers of services that would be useful to job seekers.
1110 (2) The department In procuring workforce information
1111 systems, CareerSource Florida, Inc., shall employ competitive
1112 processes, including requests for proposals, competitive
1113 negotiation, and other competitive processes to ensure that the
1114 procurement results in the most cost-effective investment of
1115 state funds.
1116 (3) CareerSource Florida, Inc., may procure independent
1117 verification and validation services associated with developing
1118 and implementing any workforce information system.
1119 (3) (4) The department CareerSource Florida, Inc., shall
1120 coordinate development and implementation of workforce
1121 information systems with the state chief information officer to
1122 ensure compatibility with the state’s information system
1123 strategy and enterprise architecture.
1124 Section 10. Section 445.028, Florida Statutes, is amended
1125 to read:
1126 445.028 Transitional benefits and services.—In cooperation
1127 with the department CareerSource Florida, Inc., the Department
1128 of Children and Families shall develop procedures to ensure that
1129 families leaving the temporary cash assistance program receive
1130 transitional benefits and services that will assist the family
1131 in moving toward self-sufficiency. At a minimum, such procedures
1132 must include, but are not limited to, the following:
1133 (1) Each recipient of cash assistance who is determined
1134 ineligible for cash assistance for a reason other than a work
1135 activity sanction shall be contacted by the workforce system
1136 case manager and provided information about the availability of
1137 transitional benefits and services. Such contact shall be
1138 attempted prior to closure of the case management file.
1139 (2) Each recipient of temporary cash assistance who is
1140 determined ineligible for cash assistance due to noncompliance
1141 with the work activity requirements shall be contacted and
1142 provided information in accordance with s. 414.065(1).
1143 (3) The department, in consultation with the board of
1144 directors of CareerSource Florida, Inc., shall develop
1145 informational material, including posters and brochures, to
1146 better inform families about the availability of transitional
1147 benefits and services.
1148 (4) The department CareerSource Florida, Inc., in
1149 cooperation with the Department of Children and Families shall,
1150 to the extent permitted by federal law, develop procedures to
1151 maximize the utilization of transitional Medicaid by families
1152 who leave the temporary cash assistance program.
1153 Section 11. Subsections (6), (8), and (13) of section
1154 445.051, Florida Statutes, are amended to read:
1155 445.051 Individual development accounts.—
1156 (6) The state board CareerSource Florida, Inc., shall
1157 establish procedures for local workforce development boards to
1158 include in their annual program and financial plan an
1159 application to offer an individual development account program
1160 as part of their TANF allocation. These procedures must include,
1161 but need not be limited to, administrative costs permitted for
1162 the fiduciary organization and policies relative to identifying
1163 the match ratio and limits on the deposits for which the match
1164 will be provided in the application process. The state board
1165 CareerSource Florida, Inc., shall establish policies and
1166 procedures necessary to ensure that funds held in an individual
1167 development account are not withdrawn except for one or more of
1168 the qualified purposes described in this section.
1169 (8) The state board CareerSource Florida, Inc., shall
1170 establish procedures for controlling the withdrawal of funds for
1171 uses other than qualified purposes, including specifying
1172 conditions under which an account must be closed.
1173 (13) Pursuant to policy direction by the state board
1174 CareerSource Florida, Inc., the department of Economic
1175 Opportunity shall adopt such rules as are necessary to implement
1176 this act.
1177 Section 12. Paragraph (p) of subsection (3) of section
1178 11.45, Florida Statutes, is amended to read:
1179 11.45 Definitions; duties; authorities; reports; rules.—
1180 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
1181 General may, pursuant to his or her own authority, or at the
1182 direction of the Legislative Auditing Committee, conduct audits
1183 or other engagements as determined appropriate by the Auditor
1184 General of:
1185 (p) CareerSource Florida, Inc.; the state board, as that
1186 term is defined in s. 445.002; , or the programs or entities
1187 created by the state board CareerSource Florida, Inc., created
1188 pursuant to s. 445.004.
1189 Section 13. Subsection (1) of section 443.171, Florida
1190 Statutes, is amended to read:
1191 443.171 Department of Economic Opportunity and commission;
1192 powers and duties; records and reports; proceedings; state
1193 federal cooperation.—
1194 (1) POWERS AND DUTIES.—The Department of Economic
1195 Opportunity shall administer this chapter. The department may
1196 employ persons, make expenditures, require reports, conduct
1197 investigations, and take other action necessary or suitable to
1198 administer this chapter. The department shall annually submit
1199 information to the state board, as defined in s. 445.002
1200 CareerSource Florida, Inc., covering the administration and
1201 operation of this chapter during the preceding calendar year for
1202 inclusion in the strategic plan under s. 445.006 and may make
1203 recommendations for amendment to this chapter.
1204 Section 14. This act shall take effect July 1, 2020.