Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1568
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LEGISLATIVE ACTION
Senate . House
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The Committee on Education (Hutson) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 446.541, Florida Statutes, is created to
6 read:
7 446.541 Work-based learning.—
8 (1) It is the intent of the Legislature that, to the extent
9 possible, school districts place students in paid work
10 experiences for purposes of educational training and work-based
11 learning.
12 (2) For purposes of this section, the term “work-based
13 learning” is synonymous with the term “on-the-job training” and
14 means interactions with industry or community professionals in
15 off-campus workplaces which foster in-depth, firsthand
16 engagement with the tasks required in a given career field and
17 which are aligned to curriculum and instruction.
18 (3)(a) Individuals 18 years of age or younger who are
19 enrolled in a Florida-registered preapprenticeship program that
20 requires work-based learning or a registered apprenticeship
21 program administered under ss. 446.011-446.092 and who are
22 injured as a result of participation in the program are deemed
23 to be employees of the state for purposes of workers’
24 compensation coverage only for medically necessary care rendered
25 as a direct result of that injury.
26 (b) Any students in grades 6 through 12 who are enrolled in
27 a course identified in the Course Code Directory which
28 incorporates a work-based learning component or an activity that
29 is unpaid and who are injured due to participation in such
30 component or activity are deemed to be employees of the state
31 for purposes of workers’ compensation coverage only for
32 medically necessary care needed as a direct result of that
33 injury.
34 Section 2. Section 446.011, Florida Statutes, is amended to
35 read:
36 446.011 Legislative intent regarding apprenticeship
37 training.—
38 (1) It is the intent of the State of Florida to provide
39 educational opportunities for its residents so that they can be
40 trained for trades, occupations, and professions suited to their
41 abilities. It is the intent of this act to promote the mode of
42 training known as apprenticeship in occupations throughout
43 industry in this the state that require physical manipulative
44 skills. The Legislature further intends to broaden By broadening
45 job training opportunities by increasing and providing for
46 increased coordination between secondary and postsecondary
47 educational institutions and business and industry participating
48 in registered apprenticeship programs so that public school
49 academic programs, career programs, and registered
50 apprenticeship programs, the residents of this state will
51 benefit from an additional on-ramp to a postsecondary credential
52 or degree when on-the-job training is combined with related
53 technical and theoretical instruction provided by a school
54 district, a Florida College System institution, or a state
55 university. Therefore, this act encourages apprenticeship
56 programs that lead to college credit or a college degree.
57 Moreover, the valuable training opportunities developed when on
58 the-job training is combined with academic-related classroom
59 experiences. this act is intended to develop the apparent
60 potentials in apprenticeship training by assisting in the
61 establishment of preapprenticeship programs in the public school
62 system and elsewhere and by expanding presently registered
63 programs as well as promoting new registered programs in jobs
64 that lend themselves to apprenticeship training.
65 (2) It is the intent of the Legislature that the Department
66 of Education have responsibility for the development of the
67 registered apprenticeship and registered preapprenticeship
68 uniform minimum standards for the apprenticeable occupations
69 trades and that the department have responsibility for assisting
70 eligible program sponsors pursuant to s. 446.071 district school
71 boards and Florida College System institution boards of trustees
72 in developing preapprenticeship programs.
73 (3) It is the further intent of ss. 446.011-446.092 that
74 the department ensure quality training through the adoption and
75 enforcement of uniform minimum standards and that the department
76 promote, register, monitor, and service apprenticeship and
77 preapprenticeship training programs and ensure that the programs
78 adhere to the standards.
79 (4) It is the intent of the Legislature that this act not
80 require the use of apprentices on construction projects financed
81 by the state or any county, municipality, town or township,
82 public authority, special district, municipal service taxing
83 unit, or other agency of state or local government.
84 Notwithstanding this intent, whenever any government or agency
85 of government employs, of its own choice, apprentices or employs
86 contractors who employ apprentices, the behavior of the
87 government and the contractors employed by the government shall
88 be governed by the provisions of this act.
89 Section 3. Section 446.021, Florida Statutes, is amended to
90 read:
91 (Substantial rewording of section. See
92 s. 446.021, F.S., for present text.)
93 446.021 Definitions of terms used in ss. 446.011-446.092.
94 As used in ss. 446.011-446.092, the term:
95 (1) “Apprentice” means a person at least 16 years of age
96 who has entered into an apprenticeship agreement with a
97 registered apprenticeship program sponsor, is engaged in
98 learning an apprenticeable occupation through actual work
99 experience under the supervision of journeyworkers, and is
100 enrolled in the apprenticeship program in which he or she
101 receives an organized and systematic form of instruction
102 designed to provide theoretical and technical knowledge related
103 to the occupation.
104 (2) “Apprenticeship program” means a program that is
105 registered with the department on the basis of submission to the
106 department of a plan that contains the terms and conditions for
107 the qualification, recruitment, selection, employment, and
108 training of apprentices, including requirements for a written
109 apprenticeship agreement.
110 (3) “Cancellation” means the termination or deregistration
111 of an apprenticeship program at the request of the program
112 sponsor, or the termination of an apprenticeship agreement at
113 the request of the apprentice.
114 (4) “Department” means the Department of Education.
115 (5) “Journeyworker” means a person working in an
116 apprenticeable occupation who has successfully completed a
117 registered apprenticeship program or who has worked the number
118 of years required by established industry practices for the
119 particular trade or occupation.
120 (6) “On-the-job training” means a structured system of work
121 processes, under the supervision of a journeyworker, which
122 provides the experience and knowledge necessary to meet the
123 training objective of learning a specific skill, trade, or
124 occupation.
125 (7) “Preapprentice” means a person at least 16 years of age
126 who enters into a preapprenticeship agreement with a
127 preapprenticeship program sponsor approved by the department and
128 who is engaged in learning an apprenticeable occupation in any
129 course of instruction in the public school system or elsewhere.
130 (8) “Preapprenticeship program” means a program sponsored
131 by an apprenticeship program in the same occupation which is
132 registered with the department on the basis of submission to the
133 department of a plan that contains the terms and conditions of
134 instruction in the public school system or elsewhere and is
135 designed to prepare a registered preapprentice to become an
136 apprentice in an apprenticeship program.
137 (9) “Related technical instruction” means an organized and
138 systematic form of instruction designed to provide an apprentice
139 or preapprentice with knowledge of the theoretical subjects
140 related to a specific trade or occupation.
141 (10) “Uniform minimum standards” means the minimum
142 requirements established for each occupation under which an
143 apprenticeship or a preapprenticeship program is administered.
144 The term includes standards of admission, training goals,
145 training objectives, curriculum outlines, objective standards to
146 measure successful completion of the apprenticeship or
147 preapprenticeship program, and the percentage of credit which
148 may be given to apprentices or preapprentices. Minimum
149 requirements must be uniform across all occupations.
150 Section 4. Section 446.032, Florida Statutes, is amended to
151 read:
152 446.032 General duties of the department for apprenticeship
153 training.—The department shall:
154 (1) Establish uniform minimum standards and policies
155 governing registered apprenticeship apprentice programs and
156 agreements. The standards and policies shall govern the terms
157 and conditions of the apprentice’s employment and training,
158 including the quality training of the apprentice for, but not
159 limited to, such matters as ratios of apprentices to
160 journeyworkers, safety, related technical instruction, and on
161 the-job training; but these standards and policies may not
162 include rules, standards, or guidelines that require the use of
163 apprentices and job trainees on state, county, or municipal
164 contracts. The department may adopt rules necessary to
165 administer the standards and policies.
166 (2) By September 1 of each year, publish an annual report
167 on registered apprenticeship and registered preapprenticeship
168 programs. The report must be published on the department’s
169 website and, at a minimum, include all of the following:
170 (a) A list of registered apprenticeship and registered
171 preapprenticeship programs, sorted by local educational agency,
172 as defined in s. 1004.02(18), and apprenticeship sponsor, under
173 s. 446.071.
174 (b) A detailed summary of each local educational agency’s
175 expenditure of funds for registered apprenticeship and
176 registered preapprenticeship programs, including:
177 1. The total amount of funds received for registered
178 apprenticeship and registered preapprenticeship programs;
179 2. The total amount of funds allocated to each trade or
180 apprenticeable occupation;
181 3. The total amount of funds expended for administrative
182 costs per apprenticeable trade or occupation; and
183 4. The total amount of funds expended for instructional
184 costs per apprenticeable trade and occupation.
185 (c) The number of apprentices and preapprentices per
186 apprenticeable trade and occupation.
187 (d) The percentage of registered apprentices and
188 preapprentices who complete their respective programs in the
189 appropriate timeframe.
190 (e) Information and resources related to applications for
191 new registered apprenticeship programs and technical assistance
192 and requirements for potential registered apprenticeship
193 programs applicants.
194 (f) Documentation of activities conducted by the department
195 to promote registered apprenticeship and registered
196 preapprenticeship programs through public engagement, community
197 based partnerships, and other initiatives.
198 (3) Provide assistance to district school boards, Florida
199 College System institution boards of trustees, eligible program
200 sponsors pursuant to s. 446.071, and local workforce development
201 boards in notifying students, parents, and members of the
202 community of the availability of apprenticeship and
203 preapprenticeship opportunities, including data provided in the
204 economic security report pursuant to s. 445.07.
205 (4) Establish procedures to be used by the State
206 Apprenticeship Advisory Council.
207 Section 5. Section 446.041, Florida Statutes, is amended to
208 read:
209 446.041 Apprenticeship program, duties of the department.
210 The department shall:
211 (1) Administer ss. 446.011-446.092.
212 (2) Review and evaluate Administer the uniform minimum
213 standards established by the department for registered
214 apprenticeship and registered preapprenticeship programs.
215 (3) Register, in accordance with this chapter, any
216 apprenticeship or preapprenticeship program that, regardless of
217 affiliation, which meets the uniform minimum standards
218 established by the department.
219 (4) Investigate complaints concerning the failure of any
220 registered program to meet the uniform minimum standards
221 established by the department.
222 (5) Cancel the registration of any program that fails to
223 comply with the uniform minimum standards and policies of the
224 department or that unreasonably fails or refuses to cooperate
225 with the department in monitoring and enforcing compliance with
226 the uniform minimum standards.
227 (6) Encourage potential sponsors to develop and encourage
228 apprenticeship or preapprenticeship programs.
229 (7) Lead and coordinate outreach efforts to educate
230 veterans about apprenticeship programs and career opportunities.
231 (8) Cooperate with and assist registered local
232 apprenticeship sponsors in the development of their
233 apprenticeship uniform minimum standards and their training
234 requirements.
235 (9) Encourage registered apprenticeship programs to grant
236 consideration and credit to individuals completing registered
237 preapprenticeship programs.
238 (10) Monitor registered apprenticeship programs to ensure
239 that they are being operated in compliance with all applicable
240 uniform minimum standards.
241 (11) Supervise all apprenticeship programs that are
242 registered with the department.
243 (12) Ensure that minority and gender diversity are
244 considered in apprenticeship and preapprenticeship programs
245 administering this program.
246 (12)(13) Adopt rules required to administer ss. 446.011
247 446.092.
248 Section 6. Section 446.045, Florida Statutes, is amended to
249 read:
250 446.045 State Apprenticeship Advisory Council.—
251 (1) As used in this section, the term:
252 (a) “Joint organization” means an apprenticeship sponsor
253 who participates in a collective bargaining agreement.
254 (b) “Nonjoint organization” means an apprenticeship sponsor
255 who does not participate in a collective bargaining agreement.
256 (2)(a) There is created a State Apprenticeship Advisory
257 Council to be composed of 10 voting members appointed by the
258 Governor and two ex officio nonvoting members. The purpose of
259 the advisory council is to advise the department on matters
260 relating to registered apprenticeship and registered
261 preapprenticeship. The advisory council may not establish
262 policy, adopt rules, or consider whether particular registered
263 apprenticeship or registered preapprenticeship programs should
264 be approved by the department.
265 (b) The Commissioner of Education or the commissioner’s
266 designee shall serve ex officio as chair of the State
267 Apprenticeship Advisory Council, but may not vote. A
268 representative The state director of the Office of
269 Apprenticeship of the United States Department of Labor shall
270 serve ex officio as a nonvoting member of the council. The
271 Governor shall appoint to the council four members representing
272 employee organizations and four members representing employer
273 organizations. Each of these eight members shall represent
274 industries that have registered apprenticeship programs. The
275 Governor shall also appoint two public members who are
276 knowledgeable about registered apprenticeship and apprenticeable
277 occupations and who are independent of any joint or nonjoint
278 organization. Members shall be appointed for 4-year staggered
279 terms. A vacancy shall be filled for the remainder of the
280 unexpired term.
281 (c) The council shall meet at the call of the chair or the
282 chair’s designee, or at the request of a majority of its voting
283 membership, but at least twice a year. A majority of the voting
284 members constitutes shall constitute a quorum, and the
285 affirmative vote of a majority of a quorum is necessary to take
286 action.
287 (d) The Governor may remove any member for cause.
288 (e) The council shall maintain minutes of each meeting. The
289 department shall keep on file the minutes of each meeting and
290 shall make the minutes available to any interested person.
291 (f) Members of the council shall serve without compensation
292 and are not entitled to receive reimbursement for per diem and
293 travel expenses under s. 112.061. Meetings may be held via
294 teleconference or other electronic means.
295 Section 7. Section 446.051, Florida Statutes, is amended to
296 read:
297 446.051 Related instruction for apprentices.—
298 (1) The administration and supervision of related and
299 supplemental instruction for apprentices, the coordination of
300 such instruction with job experiences, and the selection and
301 training of teachers, instructors, and coordinators for such
302 instruction, all as approved by the department, are registered
303 program sponsor, shall be the responsibility of the registered
304 apprenticeship or registered preapprenticeship program sponsor
305 appropriate career education institution.
306 (2) District school boards and Florida College System
307 institution and state university boards of trustees are The
308 appropriate career education institution shall be encouraged to
309 cooperate with and assist in providing to any registered program
310 sponsor facilities, equipment and supplies, and instructors’
311 salaries for the performance of related and supplemental
312 instruction associated with the registered apprenticeship or
313 preapprenticeship registered program.
314 Section 8. Section 446.052, Florida Statutes, is amended to
315 read:
316 446.052 Preapprenticeship program.—
317 (1) There is created and established a preapprenticeship
318 education program, as defined in s. 446.021.
319 (2) The department, under regulations established by the
320 State Board of Education, may administer the provisions of ss.
321 446.011-446.092 which relate to preapprenticeship programs in
322 cooperation with district school boards and Florida College
323 System institution boards of trustees. District school boards,
324 Florida College System institution and State University System
325 boards of trustees, and registered apprenticeship registered
326 program sponsors are encouraged to shall cooperate in developing
327 and establishing preapprenticeship programs that include career
328 instruction and general education courses required to obtain a
329 high school diploma.
330 (3) The department, the district school boards, and the
331 Florida College System and State University System institution
332 boards of trustees shall work together with existing registered
333 apprenticeship programs in order that individuals completing the
334 preapprenticeship programs may be able to receive credit toward
335 towards completing an a registered apprenticeship program. In
336 addition, such boards and boards of trustees are encouraged to
337 cooperate with established associate of science or associate of
338 applied science degree programs and career certificate programs
339 to ensure that individuals completing a registered
340 apprenticeship program may be able to receive college credit
341 toward a technical degree education program.
342 (4) If qualified, veterans who have received discharges
343 other than dishonorable discharges shall, if qualified, receive
344 the same priorities given to registered preapprentices.
345 Section 9. Section 446.071, Florida Statutes, is amended
346 to read:
347 446.071 Apprenticeship sponsors.—
348 (1) One or more local apprenticeship sponsors must shall be
349 approved in any apprenticeable occupation trade or multiple
350 apprenticeable occupations group of trades by the department,
351 upon a determination of need, if the apprenticeship sponsor
352 meets all of the uniform minimum standards established by the
353 department. The term “need” refers to the need of state
354 residents for apprenticeship training. In the absence of proof
355 to the contrary, it shall be presumed that there is need for
356 apprenticeship and preapprenticeship training in each county in
357 this state.
358 (2) An A local apprenticeship sponsor may be a committee, a
359 group of employers, an employer, or a group of employees, an
360 educational institution, a local workforce board, a community or
361 faith-based organization, an association, or any entity
362 preapproved by the department as being in accordance with this
363 chapter combination thereof.
364 (3) The department may grant a variance from the uniform
365 minimum standards upon a showing of good cause for the variance
366 by program sponsors in nonconstruction trades. The purpose of
367 this subsection is to recognize the unique and varying training
368 requirements in nontraditional apprenticeable occupations and to
369 authorize the department to adapt the standards to the needs of
370 the programs.
371 Section 10. Section 446.081, Florida Statutes, is amended
372 to read:
373 446.081 Limitation.—
374 (1) Nothing in ss. 446.011-446.092 or in any apprentice
375 agreement approved under those sections invalidates may
376 invalidate:
377 (a) any apprenticeship provision in any collective
378 agreement between employers and employees setting up higher
379 apprenticeship standards.
380 (b) Any special provision for veterans, minority persons,
381 or women in the standards, apprenticeship qualifications, or
382 operation of the program that is not otherwise prohibited by
383 law, executive order, or authorized regulation.
384 (2) A No person may not shall institute any action for the
385 enforcement of any apprentice agreement, or for damages for the
386 breach of any apprentice agreement, made under ss. 446.011
387 446.092, unless he or she has first exhausted all administrative
388 remedies provided by this section.
389 (3) Any person aggrieved by any determination or act of the
390 department has the right to an administrative hearing.
391 (4) Nothing in ss. 446.011-446.092 or in any rules adopted
392 or contained in any approved apprentice agreement under such
393 sections invalidates any special provision for veterans,
394 minority persons, or women in the standards, qualifications, or
395 operation of the apprenticeship program which is not otherwise
396 prohibited by any applicable general law, executive order, rule,
397 or regulation.
398 Section 11. Section 446.091, Florida Statutes, is repealed.
399 Section 12. Section 446.092, Florida Statutes, is amended
400 to read:
401 446.092 Criteria for apprenticeship occupations.—At a
402 minimum, an apprenticeable occupation must possess is a skilled
403 trade which possesses all of the following characteristics:
404 (1) It is customarily learned in a practical way through a
405 structured, systematic program of on-the-job, supervised
406 training.
407 (2) It is clearly identified and commonly recognized
408 throughout an industry.
409 (3) It involves manual, mechanical, or technical skills and
410 knowledge which, in accordance with the industry standards for
411 the occupation, requires would require a minimum of 2,000 hours
412 of on-the-job training, which hours are excluded from the time
413 spent at related technical or supplementary related instruction.
414 (4) It requires related technical instruction to supplement
415 on-the-job training. Such instruction may be given in a
416 classroom, through occupational or industrial courses or
417 correspondence courses of equivalent value, through electronic
418 media, or through other forms of self-study approved by the
419 department.
420 Section 13. Paragraph (e) of subsection (1) of section
421 1003.4156, Florida Statutes, is redesignated as subsection (2)
422 and amended, present subsection (2) of that section is
423 redesignated as subsection (4), and a new subsection (3) is
424 added to that section, to read:
425 1003.4156 General requirements for middle grades
426 promotion.—
427 (1) In order for a student to be promoted to high school
428 from a school that includes middle grades 6, 7, and 8, the
429 student must successfully complete the following courses:
430 (2)(e) Students are encouraged to complete one course in
431 career and education planning which may be offered to be
432 completed in grades 6, 7, or 8, and which may be taught by any
433 member of the instructional staff. The course should must be
434 Internet-based, customizable to each student, and include
435 research-based assessments to assist students in determining
436 educational and career options and goals. In addition, the
437 course should must result in a completed personalized academic
438 and career plan for the student that may be revised as the
439 student progresses through middle school and high school; must
440 emphasize the importance of entrepreneurship and employability
441 skills; and must include information from the Department of
442 Economic Opportunity’s economic security report under s. 445.07.
443 The required personalized academic and career plan should must
444 inform students of high school graduation requirements,
445 including a detailed explanation of the requirements for earning
446 a high school diploma designation under s. 1003.4285; the
447 requirements for each scholarship in the Florida Bright Futures
448 Scholarship Program; state university and Florida College System
449 institution admission requirements; available opportunities to
450 earn college credit in high school, including Advanced Placement
451 courses; the International Baccalaureate Program; the Advanced
452 International Certificate of Education Program; dual enrollment,
453 including career dual enrollment; and career education courses,
454 including career-themed courses, preapprenticeship and
455 apprenticeship programs, and course sequences that lead to
456 industry certification pursuant to s. 1003.492 or s. 1008.44.
457 The course may be implemented as a stand-alone course or
458 integrated into another course or courses.
459 (3) The Florida Virtual School may offer a course that
460 conforms to the guidelines established in subsection (2).
461 (4)(2) The State Board of Education shall adopt rules
462 pursuant to ss. 120.536(1) and 120.54 to implement this section
463 and may enforce this section pursuant to s. 1008.32.
464 Section 14. Paragraph (d) is added to subsection (8) of
465 section 1003.4282, Florida Statutes, to read:
466 1003.4282 Requirements for a standard high school diploma.—
467 (8) CAREER EDUCATION COURSES THAT SATISFY HIGH SCHOOL
468 CREDIT REQUIREMENTS.—
469 (d) School districts or regional consortia may work with
470 national providers to submit recommended career-themed courses
471 to the department for state board approval. Recommended courses
472 must meet the requirements set forth in s. 1003.493(2), (4), and
473 (5) that students can take and earn required high school course
474 credits.
475 Section 15. Present subsections (3) through (8) of section
476 1007.23, Florida Statutes, are redesignated as subsections (4)
477 through (9), respectively, and a new subsection (3) is added to
478 that section, to read:
479 1007.23 Statewide articulation agreement.—
480 (3) To facilitate seamless transfer, reduce excess credit
481 hours, and ensure that students are taking the relevant courses
482 needed for their future careers, the articulation agreement must
483 specify three mathematics pathways, which are aligned to
484 programs, meta-majors, and careers, on which degree seeking
485 students must be placed.
486 Section 16. By September 31, 2020, the Articulation
487 Coordinating Committee shall convene a representative workgroup
488 composed of academic affairs administrators and faculty from
489 state universities and Florida College System institutions to
490 identify the three pathways. The workgroup shall report its
491 recommendations to the Articulation Coordinating Committee, the
492 Board of Governors, and the State Board of Education by March
493 31, 2021. The Articulation Coordinating Committee shall approve
494 the mathematics pathways by May 31, 2021.
495 Section 17. Subsections (2) and (4) of section 1007.2616,
496 Florida Statutes, is amended to read:
497 1007.2616 Computer science and technology instruction.—
498 (2)(a) Public schools shall provide students in grades K-12
499 opportunities for learning computer science, including, but not
500 limited to, computer coding and computer programming. Such
501 opportunities must may include computational thinking and
502 foundational computer science skills coding instruction in
503 elementary school and middle school and instruction to develop
504 students’ computer usage and digital literacy skills in middle
505 school, and must include courses in computer science in middle
506 school and high school, including earning-related industry
507 certifications. Such courses must be integrated into each school
508 district’s middle and high schools, including combination
509 schools in which any of grades 6 through 12 are taught.
510 (b) Computer science courses must be identified in the
511 Course Code Directory and published on the Department of
512 Education’s website no later than July 1, 2018. Additional
513 computer science courses may be subsequently identified and
514 posted on the department’s website.
515 (4)(a) Subject to legislative appropriation, a school
516 district or a consortium of school districts may apply to the
517 department, in a format prescribed by the department, for
518 funding to deliver or facilitate training for classroom teachers
519 to earn an educator certificate in computer science pursuant to
520 s. 1012.56, or training that leads to an industry certification
521 associated with a course identified in the Course Code Directory
522 pursuant to paragraph (2)(b), or for professional development
523 for classroom teachers to provide instruction in computer
524 science courses and content for grades K-12, or for the purchase
525 of technology, including hardware and software, directly related
526 to computer science instruction. Such funding shall only be used
527 to provide training for classroom teachers, or to pay fees for
528 examinations that lead to a credential, or to provide
529 professional development, pursuant to this paragraph.
530 (b) The department shall award funding to school districts
531 or consortia using criteria developed by the department Once the
532 department has identified courses in the Course Code Directory
533 pursuant to paragraph (2)(b), the department shall establish a
534 deadline for submitting applications. The department shall award
535 funding to school districts in a manner that allows for an
536 equitable distribution of funding statewide based on student
537 population.
538 Section 18. Paragraph (a) of subsection (1) and paragraph
539 (b) of subsection (4) of section 1008.44, Florida Statutes, are
540 amended, and paragraph (f) is added to subsection (1), to read:
541 1008.44 CAPE Industry Certification Funding List and CAPE
542 Postsecondary Industry Certification Funding List.—
543 (1) Pursuant to ss. 1003.4203 and 1003.492, the Department
544 of Education shall, at least annually, identify, under rules
545 adopted by the State Board of Education, and the Commissioner of
546 Education may at any time recommend adding the following
547 certificates, certifications, and courses:
548 (a) CAPE industry certifications identified on the CAPE
549 Industry Certification Funding List that must be applied in the
550 distribution of funding to school districts pursuant to s.
551 1011.62(1)(o). The CAPE Industry Certification Funding List
552 shall incorporate by reference the industry certifications on
553 the career pathways list approved for the Florida Gold Seal CAPE
554 Vocational Scholars award. In addition, by August 1 of each
555 year, the not-for-profit corporation established pursuant to s.
556 445.004 may annually select one industry certification, that
557 does not articulate for college credit, for inclusion on the
558 CAPE Industry Certification Funding List for a period of 3 years
559 unless otherwise approved by the curriculum review committee
560 pursuant to s. 1003.491. Such industry certifications, if earned
561 by a student, shall be eligible for additional full-time
562 equivalent membership, pursuant to s. 1011.62(1)(o)1.
563 (f) Industry certifications associated with aviation
564 related and aerospace-related occupations must be identified by
565 the Commissioner of Education and, if earned by a student, are
566 eligible for additional full-time equivalent membership pursuant
567 to s. 1011.62(1)(o)1.e. These industry certifications must be
568 identified on the CAPE Industry Certification Funding List.
569 (4)
570 (b) For the purpose of calculating additional full-time
571 equivalent membership pursuant to s. 1011.62(1)(o)1.e., the
572 Commissioner of Education may limit CAPE industry certifications
573 and CAPE Digital Tool certificates to students in certain grades
574 based on formal recommendations by providers of CAPE industry
575 certifications and CAPE Digital Tool certificates.
576 Section 19. Paragraph (o) of subsection (1) of Section
577 1011.62, Florida Statutes, is amended to read:
578 1011.62 Funds for operation of schools.—If the annual
579 allocation from the Florida Education Finance Program to each
580 district for operation of schools is not determined in the
581 annual appropriations act or the substantive bill implementing
582 the annual appropriations act, it shall be determined as
583 follows:
584 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
585 OPERATION.—The following procedure shall be followed in
586 determining the annual allocation to each district for
587 operation:
588 (o) Calculation of additional full-time equivalent
589 membership based on successful completion of a career-themed
590 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
591 courses with embedded CAPE industry certifications or CAPE
592 Digital Tool certificates, and issuance of industry
593 certification identified on the CAPE Industry Certification
594 Funding List pursuant to rules adopted by the State Board of
595 Education or CAPE Digital Tool certificates pursuant to s.
596 1003.4203.—
597 1.a. A value of 0.025 full-time equivalent student
598 membership shall be calculated for CAPE Digital Tool
599 certificates earned by students in elementary and middle school
600 grades.
601 b. A value of 0.1 or 0.2 full-time equivalent student
602 membership shall be calculated for each student who completes a
603 course as defined in s. 1003.493(1)(b) or courses with embedded
604 CAPE industry certifications and who is issued an industry
605 certification identified annually on the CAPE Industry
606 Certification Funding List approved under rules adopted by the
607 State Board of Education. For a CAPE industry certification that
608 has a statewide articulation agreement of 4 to 14 college
609 credits, a value of 0.2 full-time equivalent membership shall be
610 calculated. For a CAPE industry certification that has a
611 statewide articulation agreement of 1 to 3 college credits and
612 is deemed by the department to be of sufficient rigor and to be
613 linked to a high-skill occupation, a value of 0.2 full-time
614 equivalent membership shall be calculated. For all other CAPE
615 industry certifications with a statewide articulation agreement
616 of 1 to 3 college credits, a value of 0.1 full-time equivalent
617 membership shall be calculated A value of 0.2 full-time
618 equivalent membership shall be calculated for each student who
619 is issued a CAPE industry certification that has a statewide
620 articulation agreement for college credit approved by the State
621 Board of Education. For CAPE industry certifications that do not
622 articulate for college credit, the Department of Education shall
623 calculate assign a full-time equivalent value of 0.1 for each
624 certification. Middle grades students who earn additional FTE
625 membership for a CAPE Digital Tool certificate pursuant to sub
626 subparagraph a. may not use the previously funded examination to
627 satisfy the requirements for earning an industry certification
628 under this sub-subparagraph. Additional FTE membership for an
629 elementary or middle grades student may not exceed 0.1 for
630 certificates or certifications earned within the same fiscal
631 year. The State Board of Education shall include the assigned
632 values on the CAPE Industry Certification Funding List under
633 rules adopted by the state board. Such value shall be added to
634 the total full-time equivalent student membership for grades 6
635 through 12 in the subsequent year. CAPE industry certifications
636 earned through dual enrollment must be reported and funded
637 pursuant to s. 1011.80. However, if a student earns a
638 certification through a dual enrollment course and the
639 certification is not a fundable certification on the
640 postsecondary certification funding list, or the dual enrollment
641 certification is earned as a result of an agreement between a
642 school district and a nonpublic postsecondary institution, the
643 bonus value shall be funded in the same manner as other nondual
644 enrollment course industry certifications. In such cases, the
645 school district may provide for an agreement between the high
646 school and the technical center, or the school district and the
647 postsecondary institution may enter into an agreement for
648 equitable distribution of the bonus funds.
649 c. A value of 0.3 full-time equivalent student membership
650 shall be calculated for student completion of the courses and
651 the embedded certifications identified on the CAPE Industry
652 Certification Funding List and approved by the commissioner
653 pursuant to ss. 1003.4203(5)(a) and 1008.44.
654 d. A value of 0.5 full-time equivalent student membership
655 shall be calculated for CAPE Acceleration Industry
656 Certifications that articulate for 15 to 29 college credit
657 hours, and 1.0 full-time equivalent student membership shall be
658 calculated for CAPE Acceleration Industry Certifications that
659 articulate for 30 or more college credit hours pursuant to CAPE
660 Acceleration Industry Certifications approved by the
661 commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
662 e. In addition to the full-time equivalent student
663 membership calculated under paragraphs (a)-(d), a supplemental
664 value of 0.2 full-time equivalent student membership shall be
665 calculated for industry certifications identified on the CAPE
666 Industry Certification Funding List as leading to employment in
667 aviation-related or aerospace-related occupations and meeting
668 specified criteria prescribed by the department.
669 2. Each district must allocate at least 80 percent of the
670 funds provided for CAPE industry certification, in accordance
671 with this paragraph, to the program that generated the funds.
672 The remaining 20 percent may be used for other CAPE program
673 expenses, such as administrative costs, which may not exceed 5
674 percent of the funds provided, and new industry certification
675 programs. All such funds must be used for CAPE programs. CAPE
676 funding This allocation may not be used to supplant funds
677 provided for basic operation of the program, such as teacher
678 salaries and other costs that are funded with non-CAPE funds for
679 other courses.
680 3. For CAPE industry certifications earned in the 2013-2014
681 school year and in subsequent years, the school district shall
682 distribute to each classroom teacher who provided direct
683 instruction toward the attainment of a CAPE industry
684 certification that qualified for additional full-time equivalent
685 membership under subparagraph 1.:
686 a. A bonus of $25 for each student taught by a teacher who
687 provided instruction in a course that led to the attainment of a
688 CAPE industry certification on the CAPE Industry Certification
689 Funding List with a weight of 0.1.
690 b. A bonus of $50 for each student taught by a teacher who
691 provided instruction in a course that led to the attainment of a
692 CAPE industry certification on the CAPE Industry Certification
693 Funding List with a weight of 0.2.
694 c. A bonus of $75 for each student taught by a teacher who
695 provided instruction in a course that led to the attainment of a
696 CAPE industry certification on the CAPE Industry Certification
697 Funding List with a weight of 0.3.
698 d. A bonus of $100 for each student taught by a teacher who
699 provided instruction in a course that led to the attainment of a
700 CAPE industry certification on the CAPE Industry Certification
701 Funding List with a weight of 0.5 or 1.0.
702
703 Bonuses awarded pursuant to this paragraph shall be provided to
704 teachers who are employed by the district in the year in which
705 the additional FTE membership calculation is included in the
706 calculation. Bonuses awarded to teachers pursuant to this
707 paragraph must shall be calculated based upon the associated
708 weight of a CAPE industry certification on the CAPE Industry
709 Certification Funding List for the year in which the
710 certification is earned by the student. Any bonus awarded to a
711 teacher pursuant to this paragraph is in addition to any regular
712 wage or other bonus the teacher received or is scheduled to
713 receive. A bonus may not be awarded to a teacher who fails to
714 maintain the security of any CAPE industry certification
715 examination or who otherwise violates the security or
716 administration protocol of any assessment instrument that may
717 result in a bonus being awarded to the teacher under this
718 paragraph.
719 Section 20. Paragraph (b) of subsection (7) of section
720 1011.80, Florida Statutes, is amended to read:
721 1011.80 Funds for operation of workforce education
722 programs.—
723 (7)
724 (b) Performance funding for industry certifications for
725 school district workforce education programs is contingent upon
726 specific appropriation in the General Appropriations Act and
727 shall be determined as follows:
728 1. Occupational areas for which industry certifications may
729 be earned, as established in the General Appropriations Act, are
730 eligible for performance funding. Priority shall be given to the
731 occupational areas emphasized in state, national, or corporate
732 grants provided to Florida educational institutions.
733 2. The Chancellor of Career and Adult Education shall
734 identify the industry certifications eligible for funding on the
735 CAPE Postsecondary Industry Certification Funding List approved
736 by the State Board of Education pursuant to s. 1008.44, based on
737 the occupational areas specified in the General Appropriations
738 Act.
739 3.a. Except as provided in sub-subparagraph b., each school
740 district shall be provided $1,000 for each industry
741 certification earned by a workforce education student. If funds
742 are insufficient to fully fund the calculated total award, such
743 funds shall be prorated.
744 b. For each professional-level, Federal Aviation
745 Administration industry certification earned by a workforce
746 education student, each school district shall be provided a
747 total of $6,000. If funds are insufficient to fully fund the
748 calculated total award, such funds shall be prorated.
749 Section 21. Section 1011.802, Florida Statutes is amended
750 to read:
751 1011.802 Florida Pathways to Career Opportunities Grant
752 Program.—
753 (1) Subject to appropriations provided in the General
754 Appropriations Act, the Florida Pathways to Career Opportunities
755 Grant Program is created to provide grants to high schools,
756 career centers, charter technical career centers, Florida
757 College System institutions, and other entities authorized to
758 sponsor a registered an apprenticeship or registered
759 preapprenticeship program, as defined in s. 446.021, on a
760 competitive basis to establish new apprenticeship or
761 preapprenticeship programs and expand existing apprenticeship or
762 preapprenticeship programs. The Department of Education shall
763 administer the grant program.
764 (2) Applications must contain projected enrollment and
765 projected costs for the new or expanded apprenticeship program.
766 (3) The department shall give priority to apprenticeship
767 programs with demonstrated regional demand. Grant funds may be
768 used for instructional equipment, supplies, instructional
769 personnel, student services, and other expenses associated with
770 the creation or expansion of an apprenticeship program. Grant
771 funds may not be used for recurring instructional costs or for
772 indirect costs. Grant recipients must submit quarterly reports
773 in a format prescribed by the department.
774 (4) Up to $200,000 of the total amount allocated may be
775 used by the department to administer the grant program.
776 (5)(4) The State Board of Education may adopt rules to
777 administer this section.
778 Section 22. Paragraph (c) of subsection (2) of section
779 1011.81, Florida Statutes, is amended to read:
780 1011.81 Florida College System Program Fund.—
781 (2) Performance funding for industry certifications for
782 Florida College System institutions is contingent upon specific
783 appropriation in the General Appropriations Act and shall be
784 determined as follows:
785 (c)1. Except as provided in subparagraph 2., each Florida
786 College System institution shall be provided $1,000 for each
787 industry certification earned by a student. If funds are
788 insufficient to fully fund the calculated total award, such
789 funds shall be prorated.
790 2. For each professional-level, Federal Aviation
791 Administration industry certification earned by a student, each
792 Florida College System institution shall be provided a total of
793 $6,000. If funds are insufficient to fully fund the calculated
794 total award, such funds shall be prorated.
795 Section 23. Section 1009.25, Florida Statutes, is reenacted
796 to read:
797 1009.25 Fee exemptions.—
798 (1) The following students are exempt from the payment of
799 tuition and fees, including lab fees, at a school district that
800 provides workforce education programs, Florida College System
801 institution, or state university:
802 (a) A student enrolled in a dual enrollment or early
803 admission program pursuant to s. 1007.271.
804 (b) A student enrolled in an approved apprenticeship
805 program, as defined in s. 446.021.
806 (c) A student who is or was at the time he or she reached
807 18 years of age in the custody of the Department of Children and
808 Families or who, after spending at least 6 months in the custody
809 of the department after reaching 16 years of age, was placed in
810 a guardianship by the court. Such exemption includes fees
811 associated with enrollment in applied academics for adult
812 education instruction. The exemption remains valid until the
813 student reaches 28 years of age.
814 (d) A student who is or was at the time he or she reached
815 18 years of age in the custody of a relative or nonrelative
816 under s. 39.5085 or s. 39.6225 or who was adopted from the
817 Department of Children and Families after May 5, 1997. Such
818 exemption includes fees associated with enrollment in applied
819 academics for adult education instruction. The exemption remains
820 valid until the student reaches 28 years of age.
821 (e) A student enrolled in an employment and training
822 program under the welfare transition program. The local
823 workforce development board shall pay the state university,
824 Florida College System institution, or school district for costs
825 incurred for welfare transition program participants.
826 (f) A student who lacks a fixed, regular, and adequate
827 nighttime residence or whose primary nighttime residence is a
828 public or private shelter designed to provide temporary
829 residence, a public or private transitional living program, or a
830 public or private place not designed for, or ordinarily used as,
831 a regular sleeping accommodation for human beings. This includes
832 a student who would otherwise meet the requirements of this
833 paragraph, as determined by a college or university, but for his
834 or her residence in college or university dormitory housing.
835 (g) A student who is a proprietor, owner, or worker of a
836 company whose business has been at least 50 percent negatively
837 financially impacted by the buyout of property around Lake
838 Apopka by the State of Florida. Such student may receive a fee
839 exemption only if the student has not received compensation
840 because of the buyout, the student is designated a Florida
841 resident for tuition purposes, pursuant to s. 1009.21, and the
842 student has applied for and been denied financial aid, pursuant
843 to s. 1009.40, which would have provided, at a minimum, payment
844 of all student fees. The student is responsible for providing
845 evidence to the postsecondary education institution verifying
846 that the conditions of this paragraph have been met, including
847 supporting documentation provided by the Department of Revenue.
848 The student must be currently enrolled in, or begin coursework
849 within, a program area by fall semester 2000. The exemption is
850 valid for a period of 4 years after the date that the
851 postsecondary education institution confirms that the conditions
852 of this paragraph have been met.
853 (h) Pursuant to s. 402.403, child protection and child
854 welfare personnel as defined in s. 402.402 who are enrolled in
855 an accredited bachelor’s degree or master’s degree in social
856 work program, provided that the student attains at least a grade
857 of “B” in all courses for which tuition and fees are exempted.
858 (2) Each Florida College System institution is authorized
859 to grant student fee exemptions from all fees adopted by the
860 State Board of Education and the Florida College System
861 institution board of trustees for up to 54 full-time equivalent
862 students or 1 percent of the institution’s total full-time
863 equivalent enrollment, whichever is greater, at each
864 institution.
865 Section 24. This act shall take effect July 1, 2020.
866
867 ================= T I T L E A M E N D M E N T ================
868 And the title is amended as follows:
869 Delete everything before the enacting clause
870 and insert:
871 A bill to be entitled
872 An act relating to education; creating s. 446.541,
873 F.S.; providing legislative intent; defining terms;
874 providing that individuals enrolled in certain
875 preapprenticeship programs are deemed to be employees
876 of the state for purposes of receiving certain medical
877 care under workers’ compensation coverage; amending s.
878 446.011, F.S.; revising legislative intent related to
879 apprenticeship training; amending s. 446.021, F.S.;
880 defining and redefining terms; amending s. 446.032,
881 F.S.; revising the general duties of the Department of
882 Education with regard to registered apprenticeship and
883 registered preapprenticeship programs; amending s.
884 446.041, F.S.; requiring the department to review and
885 evaluate uniform minimum standards for registered
886 apprenticeship and registered preapprenticeship
887 programs; amending s. 446.045, F.S.; conforming
888 provisions to changes made by the act; revising the
889 membership of the State Apprenticeship Advisory
890 Council; revising meeting requirements; amending s.
891 446.051, F.S.; providing that registered apprenticeship
892 or registered preapprenticeship program sponsors are
893 responsible for the selection and training of certain
894 personnel, as approved by the department; encouraging
895 district school boards and Florida College System
896 institution and state university boards of trustees to
897 cooperate in providing certain equipment, supplies, and
898 instructor salaries; amending s. 446.052, F.S.;
899 encouraging certain boards of trustees to cooperate in
900 developing and establishing registered apprenticeship
901 and preapprenticeship programs that include career
902 instruction; encouraging such boards and boards of
903 trustees to cooperate with certain degree programs and
904 certificate programs to ensure that certain individuals
905 may be eligible to receive certain college credit;
906 amending s. 446.071, F.S.; providing that certain
907 organizations may be apprenticeship sponsors if they
908 meet certain uniform minimum standards; updating
909 terminology; removing the definition of the term
910 “need”; amending s. 446.081, F.S.; revising the
911 applicability of a certain limitation; repealing s.
912 446.091, F.S., relating to the adaptation and
913 applicability of certain provisions to on-the-job
914 training programs; amending s. 446.092, F.S.; revising
915 criteria for apprenticeship occupations; amending s.
916 1003.4156, F.S.; providing that students are encouraged
917 to complete one course in career and educational
918 planning for promotion to high school from middle
919 school; authorizing the Florida Virtual School to offer
920 such courses; amending s. 1003.4282, F.S.; authorizing
921 school districts and regional consortia to work with
922 national providers to submit to the department for
923 approval recommended career-themed courses that satisfy
924 high school credit requirements; amending s. 1007.23,
925 F.S.; requiring a statewide articulation agreement
926 contain three mathematics pathways; requiring the
927 Articulation Coordinating Committee to convene a
928 representative workgroup composed of academic affairs
929 administrators and faculty from state universities and
930 Florida College System institutions; requiring the
931 workgroup to report its recommendations to the
932 committee, the Board of Governors, and the State Board
933 of Education by a certain date; requiring the
934 Articulation Coordinating Committee to approve the
935 mathematics pathways by a specified date; amending s.
936 1007.2616, F.S.; requiring public schools to include
937 computational thinking and foundational computer
938 science skills in instruction to students; deleting
939 obsolete language; authorizing school districts to
940 apply to the department for funding for specified
941 purposes; requiring the department to award funding to
942 school districts or consortia using specified criteria;
943 amending s. 1008.44, F.S.; requiring CAPE Industry
944 Certification Funding List to incorporate by reference
945 the industry certifications on the career pathways list
946 approved for the Florida Gold Seal CAPE Scholars award;
947 providing requirements for industry certifications
948 associated with aviation-related and aerospace-related
949 occupations; providing that such certifications are
950 eligible for additional full-time equivalent
951 membership; providing that the Commissioner of
952 Education may limit CAPE industry certification and
953 CAPE Digital Tool certificates to students in certain
954 grades for a specified purpose; amending s. 1011.62,
955 F.S.; revising the calculation of certain additional
956 full-time equivalent membership relating to funding for
957 the operation of schools; deleting a provision related
958 to full-time equivalent membership calculation for
959 elementary and middle students; providing for a
960 calculation of full-time equivalent membership for
961 aviation-related and aerospace-related occupations;
962 authorizing the use of a specified percentage of
963 certain funds for CAPE program expenses; limiting the
964 amount of funds that may be used for administrative
965 costs; prohibiting the use of CAPE funding to supplant
966 funds provided for basic operation of the CAPE program;
967 amending s. 1011.80, F.S.; revising performance funding
968 for industry certifications for school district
969 workforce education programs to provide for Federal
970 Aviation Administration (FAA) industry certifications;
971 amending s. 1011.802, F.S.; conforming provisions to
972 changes made by the act; specifying the maximum amount
973 of funds that may be used by the department to
974 administer the Florida Pathways to Career Opportunities
975 Grant Program; amending s. 1011.81, F.S.; revising
976 performance funding for industry certifications for
977 Florida College System Institutions to provide for FAA
978 industry certifications; reenacting s. 1009.25, F.S.,
979 relating to fee exemptions; providing an effective
980 date.