ENROLLED
2020 Legislature CS for SB 426, 1st Engrossed
2020426er
1
2 An act relating to economic development; amending s.
3 20.60, F.S.; revising the responsibilities of
4 divisions within the Department of Economic
5 Opportunity; requiring the executive director of the
6 department to serve as a member of the board of
7 directors of the Florida Development Finance
8 Corporation; authorizing the executive director to
9 designate a department employee to serve in this
10 capacity; requiring that the annual report of the
11 corporation be incorporated into the department’s
12 annual report on the condition of the business climate
13 and economic development in the state; requiring the
14 department to develop performance standards for the
15 corporation and to include certain information
16 relating to the standards in the department’s annual
17 report; amending s. 288.018, F.S.; defining the term
18 “regional economic development organization”;
19 specifying that the concept of building the
20 professional capacity of a regional economic
21 development organization includes the hiring of
22 professional staff to perform specified services;
23 providing that matching grants may be used to provide
24 technical assistance to local governments and economic
25 development organizations and to existing and
26 prospective businesses; increasing the maximum amount
27 of annual grant funding that specified economic
28 development organizations may receive; revising the
29 required amount of nonstate matching funds; requiring
30 that certain information be included in contracts or
31 agreements involving grant funds; requiring that
32 contracts or agreements involving the expenditure of
33 grant funds, and a plain-language version of certain
34 contracts or agreements, be placed on the contracting
35 regional economic development organization’s website
36 for a specified period before execution; deleting an
37 obsolete provision; amending s. 288.0655, F.S.;
38 revising the maximum percentage of total
39 infrastructure project costs for which the department
40 may award grants; specifying that improving access to
41 and availability of broadband Internet services is an
42 eligible project for certain grant funds; providing
43 that grants for improvements to broadband Internet
44 service and access must be conducted through certain
45 partnerships; requiring the department to reevaluate
46 certain guidelines by a specified date; requiring that
47 certain information be included in contracts or
48 agreements involving grant funds; requiring a regional
49 economic development organization to post contracts or
50 agreements involving the expenditure of grant funds,
51 and a plain-language version of certain contracts or
52 agreements, on the organization’s website for a
53 specified period before execution; amending s.
54 288.9604, F.S.; revising the membership of the board
55 of directors of the corporation; requiring that the
56 director of the Division of Bond Finance of the State
57 Board of Administration, or his or her designee, serve
58 on the board of directors of the corporation; making
59 conforming changes; authorizing meetings of the
60 directors to be conducted by teleconference; providing
61 for future repeals; requiring the chair and vice chair
62 of the board of directors of the corporation to serve
63 as regular members of the board after a specified
64 date; providing construction; amending s. 288.9605,
65 F.S.; providing for the electronic execution and
66 delivery of certain documents executed by the
67 corporation; amending s. 288.9606, F.S.; prohibiting
68 certain bonds, notes, and other forms of indebtedness
69 from exceeding a specified amount of time; specifying
70 that certain bonds are payable solely from certain
71 revenues; providing requirements for such bonds;
72 amending s. 288.9610, F.S.; revising the entities to
73 which the corporation is required to submit an annual
74 report containing specified information; creating s.
75 288.9619, F.S.; requiring that certain conflicts of
76 interest be publicly disclosed to the corporation and
77 set forth in the corporation’s minutes; prohibiting a
78 director with a conflict of interest from taking
79 certain actions; amending s. 445.002, F.S.; defining
80 the terms “for cause” and “state board”; amending s.
81 445.003, F.S.; replacing CareerSource Florida, Inc.,
82 with the state board or the department in provisions
83 relating to the implementation of the federal
84 Workforce Innovation and Opportunity Act; authorizing,
85 rather than requiring, certain funds to be reserved
86 for the Incumbent Worker Training Program; conforming
87 provisions to changes made by the act; authorizing the
88 state board to hire an executive director and staff;
89 requiring the state board to authorize the executive
90 director and staff to work with the department for
91 specified reasons; amending s. 445.004, F.S.; revising
92 provisions relating to the operation of CareerSource
93 Florida, Inc.; revising the purpose of CareerSource
94 Florida, Inc.; providing purpose for the state board;
95 revising the organizational structure of CareerSource
96 Florida, Inc.; providing requirements for the
97 organizational structure of the state board; providing
98 the state board with powers and authority previously
99 held by CareerSource Florida, Inc.; revising the
100 requirements related to such powers and authority;
101 requiring the state board, rather than CareerSource
102 Florida, Inc., to submit an annual report to the
103 Governor and the Legislature; authorizing the Auditor
104 General to conduct an audit of the state board and
105 programs or entities created by the state board;
106 requiring the state board, rather than CareerSource
107 Florida, Inc., to establish certain uniform
108 performance accountability measures; requiring the
109 state board, in consultation with the department, to
110 design the workforce development strategy for the
111 state; requiring that the strategy be approved by the
112 Governor; revising requirements relating to the
113 workforce development system; authorizing the
114 department to consult with the state board to issue
115 certain technical assistance letters; amending s.
116 445.006, F.S.; requiring that the state board, rather
117 than CareerSource Florida, Inc., take certain actions
118 relating to the state plan for workforce development;
119 amending s. 445.007, F.S.; replacing CareerSource
120 Florida, Inc., with the state board or the department
121 in provisions relating to local workforce development
122 boards; deleting the definition of the term “cause”;
123 authorizing a chief elected official for a local
124 workforce development board to remove certain persons
125 from the board for cause; requiring the department to
126 provide certain guidance to specified entities;
127 deleting an obsolete provision; making technical
128 changes; amending s. 445.0071, F.S.; replacing
129 CareerSource Florida, Inc., with the state board or
130 the department in provisions relating to the Florida
131 Youth Summer Jobs Pilot Program; amending s. 445.008,
132 F.S.; revising authority relating to the Workforce
133 Training Institute; requiring that certain donations
134 and grants be reported to the state board and the
135 department; amending s. 445.009, F.S.; replacing
136 CareerSource Florida, Inc., with the state board or
137 the department in provisions relating to one-stop
138 delivery systems; deleting an obsolete provision;
139 amending s. 445.011, F.S.; replacing CareerSource
140 Florida, Inc., with the department in provisions
141 relating to workforce information systems; requiring
142 the department to consult with the state board in
143 implementing certain automated information systems;
144 deleting a provision requiring CareerSource Florida,
145 Inc., to take certain actions when procuring workforce
146 information systems; amending s. 445.014, F.S.;
147 replacing CareerSource Florida, Inc., with the state
148 board in provisions relating to the establishment of
149 one-stop delivery systems; amending s. 445.021, F.S.;
150 replacing CareerSource Florida, Inc., with the state
151 board in provisions relating to the relocation
152 assistance program; amending s. 445.022, F.S.;
153 replacing CareerSource Florida, Inc., with the state
154 board in provisions relating to Retention Incentive
155 Training Accounts; amending s. 445.024, F.S.;
156 replacing CareerSource Florida, Inc., with the state
157 board in provisions relating to certain contract
158 exceptions; amending s. 445.026, F.S.; replacing
159 CareerSource Florida, Inc., with the state board in
160 provisions relating to cash assistance severance
161 benefits; amending s. 445.028, F.S.; replacing
162 CareerSource Florida, Inc., with the department in
163 provisions relating to transitional benefits and
164 services; amending s. 445.030, F.S.; replacing
165 CareerSource Florida, Inc., with the state board in
166 provisions relating to transitional education and
167 training; amending s. 445.033, F.S.; replacing
168 CareerSource Florida, Inc., with the state board in
169 provisions relating to evaluations of TANF-funded
170 programs; amending s. 445.035, F.S.; replacing
171 CareerSource Florida, Inc., with the state board in
172 provisions relating to data collection and reporting;
173 amending s. 445.048, F.S.; replacing CareerSource
174 Florida, Inc., with the state board in provisions
175 relating to the Passport to Economic Progress program;
176 amending s. 445.051, F.S.; replacing CareerSource
177 Florida, Inc., with the state board in provisions
178 relating to individual development accounts; amending
179 s. 445.055, F.S.; replacing CareerSource Florida,
180 Inc., with the state board in provisions relating to
181 the establishment of an employment advocacy and
182 assistance program targeting a certain group; amending
183 ss. 11.45, 288.901, 331.369, 413.405, 414.045,
184 420.622, 443.171, 443.181, 446.71, 1011.80, and
185 1011.801, F.S.; conforming provisions to changes made
186 by the act; providing an effective date.
187
188 Be It Enacted by the Legislature of the State of Florida:
189
190 Section 1. Paragraph (c) of subsection (5), subsection (6),
191 paragraph (b) of subsection (10), and subsection (11) of section
192 20.60, Florida Statutes, are amended, and paragraph (c) is added
193 to subsection (9) of that section, to read:
194 20.60 Department of Economic Opportunity; creation; powers
195 and duties.—
196 (5) The divisions within the department have specific
197 responsibilities to achieve the duties, responsibilities, and
198 goals of the department. Specifically:
199 (c) The Division of Workforce Services shall:
200 1. Prepare and submit a unified budget request for
201 workforce development in accordance with chapter 216 for, and in
202 conjunction with, the state CareerSource Florida, Inc., and its
203 board as defined in s. 445.002.
204 2. Ensure that the state appropriately administers federal
205 and state workforce funding by administering plans and policies
206 of the state board as defined in s. 445.002 CareerSource
207 Florida, Inc., under contract with CareerSource Florida, Inc.
208 The operating budget and midyear amendments thereto must be part
209 of such contract.
210 a. All program and fiscal instructions to local workforce
211 development boards shall emanate from the Department of Economic
212 Opportunity pursuant to plans and policies of the state board as
213 defined in s. 445.002 CareerSource Florida, Inc., which shall be
214 responsible for all policy directions to the local workforce
215 development boards.
216 b. Unless otherwise provided by agreement with the state
217 board as defined in s. 445.002 CareerSource Florida, Inc.,
218 administrative and personnel policies of the Department of
219 Economic Opportunity apply.
220 3. Implement the state’s reemployment assistance program.
221 The Department of Economic Opportunity shall ensure that the
222 state appropriately administers the reemployment assistance
223 program pursuant to state and federal law.
224 4. Assist in developing the 5-year statewide strategic plan
225 required by this section.
226 (6)(a) The Department of Economic Opportunity is the
227 administrative agency designated for receipt of federal
228 workforce development grants and other federal funds. The
229 department shall administer the duties and responsibilities
230 assigned by the Governor under each federal grant assigned to
231 the department. The department shall expend each revenue source
232 as provided by federal and state law and as provided in plans
233 developed by and agreements with the state board as defined in
234 s. 445.002 CareerSource Florida, Inc. The department may serve
235 as the contract administrator for contracts entered into by the
236 state board under CareerSource Florida, Inc., pursuant to s.
237 445.004(5), as directed by CareerSource Florida, Inc.
238 (b) The Department of Economic Opportunity shall serve as
239 the designated agency for purposes of each federal workforce
240 development grant assigned to it for administration. The
241 department shall carry out the duties assigned to it by the
242 Governor, under the terms and conditions of each grant. The
243 department shall have the level of authority and autonomy
244 necessary to be the designated recipient of each federal grant
245 assigned to it and shall disburse such grants pursuant to the
246 plans and policies of the state board as defined in s. 445.002
247 CareerSource Florida, Inc. The executive director may, upon
248 delegation from the Governor and pursuant to agreement with the
249 state board CareerSource Florida, Inc., sign contracts, grants,
250 and other instruments as necessary to execute functions assigned
251 to the department. Notwithstanding other provisions of law, the
252 department shall administer other programs funded by federal or
253 state appropriations, as determined by the Legislature in the
254 General Appropriations Act or other law.
255 (9) The executive director shall:
256 (c) Serve as a member of the board of directors of the
257 Florida Development Finance Corporation. The executive director
258 may designate an employee of the department to serve in this
259 capacity.
260 (10) The department, with assistance from Enterprise
261 Florida, Inc., shall, by November 1 of each year, submit an
262 annual report to the Governor, the President of the Senate, and
263 the Speaker of the House of Representatives on the condition of
264 the business climate and economic development in the state.
265 (b) The report must incorporate annual reports of other
266 programs, including:
267 1. Information provided by the Department of Revenue under
268 s. 290.014.
269 2. Information provided by enterprise zone development
270 agencies under s. 290.0056 and an analysis of the activities and
271 accomplishments of each enterprise zone.
272 3. The Economic Gardening Business Loan Pilot Program
273 established under s. 288.1081 and the Economic Gardening
274 Technical Assistance Pilot Program established under s.
275 288.1082.
276 4. A detailed report of the performance of the Black
277 Business Loan Program and a cumulative summary of quarterly
278 report data required under s. 288.714.
279 5. The Rural Economic Development Initiative established
280 under s. 288.0656.
281 6. The Florida Unique Abilities Partner Program.
282 7. A detailed report of the performance of the Florida
283 Development Finance Corporation and a summary of the
284 corporation’s report required under s. 288.9610.
285 (11) The department shall establish annual performance
286 standards for Enterprise Florida, Inc., CareerSource Florida,
287 Inc., the Florida Tourism Industry Marketing Corporation, and
288 Space Florida, and the Florida Development Finance Corporation
289 and report annually on how these performance measures are being
290 met in the annual report required under subsection (10).
291 Section 2. Subsections (1), (3), and (4) of section
292 288.018, Florida Statutes, are amended to read:
293 288.018 Regional Rural Development Grants Program.—
294 (1)(a) For the purposes of this section, the term “regional
295 economic development organization” means an economic development
296 organization located in or contracted to serve a rural area of
297 opportunity, as defined in s. 288.0656(2)(d).
298 (b) The department shall establish a matching grant program
299 to provide funding to regional regionally based economic
300 development organizations representing rural counties and
301 communities for the purpose of building the professional
302 capacity of those their organizations. Building the professional
303 capacity of a regional economic development organization
304 includes hiring professional staff to develop, deliver, and
305 provide needed economic development professional services,
306 including technical assistance, education and leadership
307 development, marketing, and project recruitment. Such Matching
308 grants may also be used by a regional an economic development
309 organization to provide technical assistance to local
310 governments, local economic development organizations, and
311 existing and prospective businesses within the rural counties
312 and communities that it serves.
313 (c) A regional economic development organization may apply
314 annually to the department for a matching grant. The department
315 is authorized to approve, on an annual basis, grants to such
316 regional regionally based economic development organizations.
317 The maximum amount an organization may receive in any year will
318 be $50,000, or $250,000 for any three regional economic
319 development organizations that serve an entire region of a rural
320 area of opportunity designated pursuant to s. 288.0656(7) if
321 they are recognized by the department as serving such a region.
322 (d) Grant funds received by a regional economic development
323 organization $150,000 in a rural area of opportunity recommended
324 by the Rural Economic Development Initiative and designated by
325 the Governor, and must be matched each year by an equivalent
326 amount of nonstate resources in an amount equal to 25 percent of
327 the state contribution.
328 (3)(a) A contract or agreement that involves the
329 expenditure of grant funds provided under this section,
330 including a contract or agreement entered into between another
331 entity and a regional economic development organization, a unit
332 of local government, or an economic development organization
333 substantially underwritten by a unit of local government, must
334 include:
335 1. The purpose of the contract or agreement.
336 2. Specific performance standards and responsibilities for
337 each entity under the contract or agreement.
338 3. A detailed project or contract budget, if applicable.
339 4. The value of any services provided.
340 5. The projected travel expenses for employees and board
341 members, if applicable.
342 (b) At least 14 days before executing a contract or
343 agreement, the contracting regional economic development
344 organization shall post on its website:
345 1. Any contract or agreement that involves the expenditure
346 of grant funds provided under this section.
347 2. A plain-language version of any contract or agreement
348 that is estimated to exceed $35,000 with a private entity, a
349 municipality, or a vendor of services, supplies, or programs,
350 including marketing, or for the purchase or lease or use of
351 lands, facilities, or properties which involves the expenditure
352 of grant funds provided under this section The department may
353 also contract for the development of an enterprise zone web
354 portal or websites for each enterprise zone which will be used
355 to market the program for job creation in disadvantaged urban
356 and rural enterprise zones. Each enterprise zone web page should
357 include downloadable links to state forms and information, as
358 well as local message boards that help businesses and residents
359 receive information concerning zone boundaries, job openings,
360 zone programs, and neighborhood improvement activities.
361 (4) The department may expend up to $750,000 each fiscal
362 year from funds appropriated to the Rural Community Development
363 Revolving Loan Fund for the purposes outlined in this section.
364 The department may contract with Enterprise Florida, Inc., for
365 the administration of the purposes specified in this section.
366 Funds released to Enterprise Florida, Inc., for this purpose
367 shall be released quarterly and shall be calculated based on the
368 applications in process.
369 Section 3. Present subsection (5) of section 288.0655,
370 Florida Statutes, is redesignated as subsection (6), a new
371 subsection (5) is added to that section, and paragraph (b) of
372 subsection (2), subsection (4), and present subsection (6) of
373 that section are amended, to read:
374 288.0655 Rural Infrastructure Fund.—
375 (2)
376 (b) To facilitate access of rural communities and rural
377 areas of opportunity as defined by the Rural Economic
378 Development Initiative to infrastructure funding programs of the
379 Federal Government, such as those offered by the United States
380 Department of Agriculture and the United States Department of
381 Commerce, and state programs, including those offered by Rural
382 Economic Development Initiative agencies, and to facilitate
383 local government or private infrastructure funding efforts, the
384 department may award grants for up to 50 30 percent of the total
385 infrastructure project cost. If an application for funding is
386 for a catalyst site, as defined in s. 288.0656, the department
387 may award grants for up to 40 percent of the total
388 infrastructure project cost. Eligible projects must be related
389 to specific job-creation or job-retention opportunities.
390 Eligible projects may also include improving any inadequate
391 infrastructure that has resulted in regulatory action that
392 prohibits economic or community growth, or reducing the costs to
393 community users of proposed infrastructure improvements that
394 exceed such costs in comparable communities, and improving
395 access to and the availability of broadband Internet service.
396 Eligible uses of funds shall include improvements to public
397 infrastructure for industrial or commercial sites, and upgrades
398 to or development of public tourism infrastructure, and
399 improvements to broadband Internet service and access in
400 unserved or underserved rural communities. Improvements to
401 broadband Internet service and access must be conducted through
402 a partnership or partnerships with one or more dealers, as
403 defined in s. 202.11(2), and the partnership or partnerships
404 must be established through a competitive selection process that
405 is publicly noticed. Authorized infrastructure may include the
406 following public or public-private partnership facilities: storm
407 water systems; telecommunications facilities; broadband
408 facilities; roads or other remedies to transportation
409 impediments; nature-based tourism facilities; or other physical
410 requirements necessary to facilitate tourism, trade, and
411 economic development activities in the community. Authorized
412 infrastructure may also include publicly or privately owned
413 self-powered nature-based tourism facilities, publicly owned
414 telecommunications facilities, and broadband facilities, and
415 additions to the distribution facilities of the existing natural
416 gas utility as defined in s. 366.04(3)(c), the existing electric
417 utility as defined in s. 366.02, or the existing water or
418 wastewater utility as defined in s. 367.021(12), or any other
419 existing water or wastewater facility, which owns a gas or
420 electric distribution system or a water or wastewater system in
421 this state where:
422 1. A contribution-in-aid of construction is required to
423 serve public or public-private partnership facilities under the
424 tariffs of any natural gas, electric, water, or wastewater
425 utility as defined herein; and
426 2. Such utilities as defined herein are willing and able to
427 provide such service.
428 (4) By September 1, 2021 2012, the department shall, in
429 consultation with the organizations listed in subsection (3),
430 and other organizations, reevaluate existing guidelines and
431 criteria governing submission of applications for funding,
432 review and evaluation of such applications, and approval of
433 funding under this section. The department shall consider
434 factors including, but not limited to, the project’s potential
435 for enhanced job creation or increased capital investment, the
436 demonstration and level of local public and private commitment,
437 whether the project is located in an enterprise zone, in a
438 community development corporation service area, or in an urban
439 high-crime area as designated under s. 212.097, the unemployment
440 rate of the county in which the project would be located, and
441 the poverty rate of the community.
442 (5)(a) A contract or agreement that involves the
443 expenditure of grant funds provided under this section,
444 including a contract or agreement entered into between another
445 entity and a regional economic development organization, a unit
446 of local government, or an economic development organization
447 substantially underwritten by a unit of local government, must
448 include:
449 1. The purpose of the contract or agreement.
450 2. Specific performance standards and responsibilities for
451 each entity.
452 3. A detailed project or contract budget, if applicable.
453 4. The value of any services provided.
454 5. The projected travel expenses for employees and board
455 members, if applicable.
456 (b) At least 14 days before execution, the contracting
457 regional economic development organization shall post on its
458 website:
459 1. Any contract or agreement that involves the expenditure
460 of grant funds provided under this section.
461 2. A plain-language version of a contract or agreement that
462 is estimated to exceed $35,000 with a private entity, a
463 municipality, or a vendor of services, supplies, or programs,
464 including marketing, or for the purchase or lease or use of
465 lands, facilities, or properties which involves the expenditure
466 of grant funds provided under this section.
467 (6) For the 2019-2020 fiscal year, the funds appropriated
468 for the grant program for Florida Panhandle counties shall be
469 distributed pursuant to and for the purposes described in the
470 proviso language associated with Specific Appropriation 2314 of
471 the 2019-2020 General Appropriations Act. This subsection
472 expires July 1, 2020.
473 Section 4. Subsections (2), (3), and (4) of section
474 288.9604, Florida Statutes, are amended, and subsection (5) is
475 added to that section, to read:
476 288.9604 Creation of the authority.—
477 (2) The board of directors of the corporation shall consist
478 of seven directors. The executive director of the department, or
479 his or her designee, shall serve as chair of the board of
480 directors of the corporation. The director of the Division of
481 Bond Finance of the State Board of Administration, or his or her
482 designee, shall serve as a director on the board of directors of
483 the corporation. The Governor, subject to confirmation by the
484 Senate, shall appoint the remaining five directors of the board
485 of directors of the corporation, who shall be five in number.
486 The terms of office for the appointed directors are shall be for
487 4 years after from the date of their appointment. A vacancy
488 occurring during a term of an appointed director shall be filled
489 for the unexpired term. An appointed A director is shall be
490 eligible for reappointment. At least three of the appointed
491 directors of the corporation must have experience in finance
492 shall be bankers who have been selected by the Governor from a
493 list of bankers who were nominated by Enterprise Florida, Inc.,
494 and one of the directors must have experience in shall be an
495 economic development specialist.
496 (3)(a)1. A director may not receive compensation for his or
497 her services, but is entitled to necessary expenses, including
498 travel expenses, incurred in the discharge of his or her duties.
499 Each appointed director shall hold office until his or her
500 successor has been appointed.
501 2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
502 and (15); 112.3135; and 112.3143(2). For purposes of applying
503 ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
504 112.3143(2) to activities of directors, directors are shall be
505 considered public officers and the corporation is shall be
506 considered their agency.
507 (b) The powers of the corporation shall be exercised by the
508 directors thereof. A majority of the directors constitutes a
509 quorum for the purposes of conducting business and exercising
510 the powers of the corporation and for all other purposes.
511 Meetings of the directors may be conducted by teleconference.
512 Action may be taken by the corporation upon a vote of a majority
513 of the directors present, unless in any case the bylaws require
514 a larger number. Any person may be appointed as director if he
515 or she resides, or is engaged in business, which means owning a
516 business, practicing a profession, or performing a service for
517 compensation or serving as an officer or director of a
518 corporation or other business entity so engaged, within the
519 state.
520 (c) The directors of the corporation shall annually elect,
521 by a majority vote, one of their members as chair and one as
522 vice chair. The corporation may employ a president, technical
523 experts, and such other agents and employees, permanent and
524 temporary, as it requires and determine their qualifications,
525 duties, and compensation. For such legal services as it
526 requires, the corporation may employ or retain its own counsel
527 and legal staff.
528 (4) The board may remove an appointed a director for
529 inefficiency, neglect of duty, or misconduct in office. Such
530 director may be removed only after a hearing and only if he or
531 she has been given a copy of the charges at least 10 days before
532 such hearing and has had an opportunity to be heard in person or
533 by counsel. The removal of an appointed a director creates shall
534 create a vacancy on the board which must shall be filled
535 pursuant to subsection (2).
536 (5) This section is repealed July 1, 2023, and July 1 of
537 every fourth year thereafter, unless reviewed and saved from
538 repeal by the Legislature.
539 Section 5. In order to implement the changes made by this
540 act to s. 288.9604, Florida Statutes, the chair and vice chair
541 of the board of directors of the Florida Development Finance
542 Corporation as of June 30, 2020, shall serve as regular members
543 beginning July 1, 2020. Nothing in this act may be construed to
544 affect the terms of the directors serving on the board on July
545 1, 2020.
546 Section 6. Subsection (3) is added to section 288.9605,
547 Florida Statutes, to read:
548 288.9605 Corporation powers.—
549 (3) Documents, agreements, and instruments executed by the
550 corporation may be executed and delivered in accordance with the
551 Electronic Signature Act of 1996.
552 Section 7. Subsections (1) and (2) of section 288.9606,
553 Florida Statutes, are amended to read:
554 288.9606 Issue of revenue bonds.—
555 (1) When authorized by a public agency pursuant to s.
556 163.01(7), the corporation has power in its corporate capacity,
557 in its discretion, to issue revenue bonds or other evidences of
558 indebtedness which a public agency has the power to issue, from
559 time to time to finance the undertaking of any purpose of this
560 act, including, without limiting the generality thereof, the
561 payment of principal and interest upon any advances for surveys
562 and plans or preliminary loans, and has the power to issue
563 refunding bonds for the payment or retirement of bonds
564 previously issued. Bonds issued under pursuant to this section
565 shall bear the name “Florida Development Finance Corporation
566 Revenue Bonds.” The security for such bonds may be based upon
567 such revenues as are legally available. In anticipation of the
568 sale of such revenue bonds, the corporation may issue bond
569 anticipation notes and may renew such notes from time to time,
570 but the maximum maturity of any such note, including renewals
571 thereof, may not exceed 5 years after from the date of issuance
572 of the original note. Such notes shall be paid from any revenues
573 of the corporation available therefor and not otherwise pledged
574 or from the proceeds of sale of the revenue bonds in
575 anticipation of which they were issued. Any bond, note, or other
576 form of indebtedness issued under pursuant to this act may not
577 exceed 35 years from their respective dates of issuance shall
578 mature no later than the end of the 30th fiscal year after the
579 fiscal year in which the bond, note, or other form of
580 indebtedness was issued.
581 (2) Bonds issued under this section do not constitute an
582 indebtedness within the meaning of any constitutional or
583 statutory debt limitation or restriction, and are not subject to
584 the provisions of any other law or charter relating to the
585 authorization, issuance, or sale of bonds. Bonds issued under
586 the provisions of this act are declared to be for an essential
587 public and governmental purpose. Bonds issued under this act,
588 the interest on which is exempt from income taxes of the United
589 States, together with interest thereon and income therefrom, are
590 exempted from all taxes, except those taxes imposed by chapter
591 220, on interest, income, or profits on debt obligations owned
592 by corporations. Bonds issued under this act are not a debt,
593 liability, or obligation of the state or any subdivision
594 thereof, or a pledge of faith and credit of the corporation or
595 of the state or of any such political subdivision thereof, but
596 are payable solely from the revenues provided therefor. Each
597 bond issued under this part shall contain on the face thereof a
598 statement to the effect that the corporation is not obligated to
599 pay the same or interest thereon from the revenues and proceeds
600 pledged therefor, and that the faith and credit or the taxing
601 power of the corporation or of the state or of any political
602 subdivision thereof is not pledged to the payment of the
603 principal of or the interest on such bonds.
604 Section 8. Section 288.9610, Florida Statutes, is amended
605 to read:
606 288.9610 Annual reports of Florida Development Finance
607 Corporation.—On or before 90 days after the close of the Florida
608 Development Finance Corporation’s fiscal year, the corporation
609 shall submit to the Governor, the Legislature, the Auditor
610 General, the Department of Economic Opportunity, and the
611 governing body of each public entity for which the corporation
612 issues revenue bonds pursuant to s. 288.9606 or with which it
613 has entered into an interlocal agreement a complete and detailed
614 report setting forth:
615 (1) The results of any audit conducted under pursuant to s.
616 11.45.
617 (2) The activities, operations, and accomplishments of the
618 Florida Development Finance Corporation, including the number of
619 businesses assisted by the corporation.
620 (3) Its assets, liabilities, income, and operating expenses
621 at the end of its most recent fiscal year, including a
622 description of all of its outstanding revenue bonds.
623 Section 9. Section 288.9619, Florida Statutes, is created
624 to read:
625 288.9619 Conflicts of interest.—If any director has a
626 direct or indirect interest associated with any party to an
627 application on which the corporation has taken or will take
628 action in exercising its power for the issuance of revenue bonds
629 or other evidences of indebtedness, such interest must be
630 publicly disclosed to the corporation and set forth in the
631 minutes of the corporation. The director that has such interest
632 may not participate in any action by the corporation with
633 respect to such party and application.
634 Section 10. Present subsections (2) and (3) of section
635 445.002, Florida Statutes, are redesignated as subsections (3)
636 and (5), respectively, and a new subsection (2) and subsection
637 (4) are added to that section, to read:
638 445.002 Definitions.—As used in this chapter, the term:
639 (2) “For cause” includes, but is not limited to, engaging
640 in fraud or other criminal acts, incapacity, unfitness, neglect
641 of duty, official incompetence and irresponsibility,
642 misfeasance, malfeasance, nonfeasance, or lack of performance.
643 (4) “State board” means the state workforce development
644 board established pursuant to the Workforce Innovation and
645 Opportunity Act, Pub. L. No. 113-128, Title I, s. 101. The state
646 board is the board of directors of CareerSource Florida, Inc.,
647 which works at the direction of the state board in consultation
648 with the department as required by this chapter.
649 Section 11. Subsections (2) through (5) of section 445.003,
650 Florida Statutes, are amended, and subsection (6) is added to
651 that section, to read:
652 445.003 Implementation of the federal Workforce Innovation
653 and Opportunity Act.—
654 (2) FOUR-YEAR PLAN.—The state board CareerSource Florida,
655 Inc., shall prepare and submit a 4-year plan, consistent with
656 the requirements of the Workforce Innovation and Opportunity
657 Act. Mandatory and optional federal partners shall be fully
658 involved in designing the plan’s one-stop delivery system
659 strategy. The plan must clearly define each program’s statewide
660 duties and role relating to the system. The plan must detail a
661 process that would fully integrate all federally mandated and
662 optional partners.
663 (3) FUNDING.—
664 (a) Title I, Workforce Innovation and Opportunity Act
665 funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be
666 expended based on the 4-year plan of the state board
667 CareerSource Florida, Inc. The plan must outline and direct the
668 method used to administer and coordinate various funds and
669 programs that are operated by various agencies. The following
670 provisions apply to these funds:
671 1. At least 50 percent of the Title I funds for Adults and
672 Dislocated Workers which are passed through to local workforce
673 development boards shall be allocated to and expended on
674 Individual Training Accounts unless a local workforce
675 development board obtains a waiver from the state board
676 CareerSource Florida, Inc. Tuition, books, and fees of training
677 providers and other training services prescribed and authorized
678 by the Workforce Innovation and Opportunity Act qualify as
679 Individual Training Account expenditures.
680 2. Fifteen percent of Title I funding shall be retained at
681 the state level and dedicated to state administration and shall
682 be used to design, develop, induce, and fund innovative
683 Individual Training Account pilots, demonstrations, and
684 programs. Of such funds retained at the state level, $2 million
685 may shall be reserved for the Incumbent Worker Training Program
686 created under subparagraph 3. Eligible state administration
687 costs include the costs of funding for the state board and state
688 board staff of CareerSource Florida, Inc.; operating fiscal,
689 compliance, and management accountability systems through the
690 department CareerSource Florida, Inc.; conducting evaluation and
691 research on workforce development activities; and providing
692 technical and capacity building assistance to local workforce
693 development areas at the direction of the state board
694 CareerSource Florida, Inc. Notwithstanding s. 445.004, such
695 administrative costs may not exceed 25 percent of these funds.
696 An amount not to exceed 75 percent of these funds shall be
697 allocated to Individual Training Accounts and other workforce
698 development strategies for other training designed and tailored
699 by the state board in consultation with the department
700 CareerSource Florida, Inc., including, but not limited to,
701 programs for incumbent workers, nontraditional employment, and
702 enterprise zones. The state board, in consultation with the
703 department CareerSource Florida, Inc., shall design, adopt, and
704 fund Individual Training Accounts for distressed urban and rural
705 communities.
706 3. The Incumbent Worker Training Program is created for the
707 purpose of providing grant funding for continuing education and
708 training of incumbent employees at existing Florida businesses.
709 The program will provide reimbursement grants to businesses that
710 pay for preapproved, direct, training-related costs.
711 a. The Incumbent Worker Training Program will be
712 administered by CareerSource Florida, Inc., which may, at its
713 discretion, contract with a private business organization to
714 serve as grant administrator.
715 b. The program shall be administered pursuant to s.
716 134(d)(4) of the Workforce Innovation and Opportunity Act.
717 Priority for funding shall be given to businesses with 25
718 employees or fewer, businesses in rural areas, businesses in
719 distressed inner-city areas, businesses in a qualified targeted
720 industry, businesses whose grant proposals represent a
721 significant upgrade in employee skills, or businesses whose
722 grant proposals represent a significant layoff avoidance
723 strategy.
724 c. All costs reimbursed by the program must be preapproved
725 by CareerSource Florida, Inc., or the grant administrator. The
726 program may not reimburse businesses for trainee wages, the
727 purchase of capital equipment, or the purchase of any item or
728 service that may possibly be used outside the training project.
729 A business approved for a grant may be reimbursed for
730 preapproved, direct, training-related costs including tuition,
731 fees, books and training materials, and overhead or indirect
732 costs not to exceed 5 percent of the grant amount.
733 d. A business that is selected to receive grant funding
734 must provide a matching contribution to the training project,
735 including, but not limited to, wages paid to trainees or the
736 purchase of capital equipment used in the training project; must
737 sign an agreement with CareerSource Florida, Inc., or the grant
738 administrator to complete the training project as proposed in
739 the application; must keep accurate records of the project’s
740 implementation process; and must submit monthly or quarterly
741 reimbursement requests with required documentation.
742 e. All Incumbent Worker Training Program grant projects
743 shall be performance-based with specific measurable performance
744 outcomes, including completion of the training project and job
745 retention. CareerSource Florida, Inc., or the grant
746 administrator shall withhold the final payment to the grantee
747 until a final grant report is submitted and all performance
748 criteria specified in the grant contract have been achieved.
749 f. The state board CareerSource Florida, Inc., may
750 establish guidelines necessary to implement the Incumbent Worker
751 Training Program.
752 g. No more than 10 percent of the Incumbent Worker Training
753 Program’s total appropriation may be used for overhead or
754 indirect purposes.
755 4. At least 50 percent of Rapid Response funding shall be
756 dedicated to Intensive Services Accounts and Individual Training
757 Accounts for dislocated workers and incumbent workers who are at
758 risk of dislocation. The department CareerSource Florida, Inc.,
759 shall also maintain an Emergency Preparedness Fund from Rapid
760 Response funds, which will immediately issue Intensive Service
761 Accounts, Individual Training Accounts, and other federally
762 authorized assistance to eligible victims of natural or other
763 disasters. At the direction of the Governor, these Rapid
764 Response funds shall be released to local workforce development
765 boards for immediate use after events that qualify under federal
766 law. Funding shall also be dedicated to maintain a unit at the
767 state level to respond to Rapid Response emergencies and to work
768 with state emergency management officials and local workforce
769 development boards. All Rapid Response funds must be expended
770 based on a plan developed by the state board in consultation
771 with the department CareerSource Florida, Inc., and approved by
772 the Governor.
773 (b) The administrative entity for Title I, Workforce
774 Innovation and Opportunity Act funds, and Rapid Response
775 activities is the department of Economic Opportunity, which
776 shall provide direction to local workforce development boards
777 regarding Title I programs and Rapid Response activities
778 pursuant to the direction of CareerSource Florida, Inc.
779 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
780 MODIFICATIONS.—
781 (a) The state board CareerSource Florida, Inc., may provide
782 indemnification from audit liabilities to local workforce
783 development boards that act in full compliance with state law
784 and board policy.
785 (b) The state board, in consultation with the department
786 CareerSource Florida, Inc., may make modifications to the
787 state’s plan, policies, and procedures to comply with federally
788 mandated requirements that in its judgment must be complied with
789 to maintain funding provided pursuant to Pub. L. No. 113-128.
790 The state board shall provide written notice to the Governor,
791 the President of the Senate, and the Speaker of the House of
792 Representatives within 30 days after any such changes or
793 modifications.
794 (c) The state board CareerSource Florida, Inc., shall enter
795 into a memorandum of understanding with the Florida Department
796 of Education to ensure that federally mandated requirements of
797 Pub. L. No. 113-128 are met and are in compliance with the state
798 plan for workforce development.
799 (5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.—The
800 state board CareerSource Florida, Inc., may recommend workforce
801 related divisions, bureaus, units, programs, duties,
802 commissions, boards, and councils for elimination,
803 consolidation, or privatization.
804 (6) AUTHORITY TO HIRE EXECUTIVE DIRECTOR AND STAFF.—The
805 state board may hire an executive director and staff to assist
806 in carrying out the functions of the Workforce Innovation and
807 Opportunity Act and in using funds made available through the
808 act. The state board shall authorize the executive director and
809 staff to work with the department in carrying out the functions
810 of the Workforce Innovation and Opportunity Act.
811 Section 12. Section 445.004, Florida Statutes, is amended
812 to read:
813 445.004 CareerSource Florida, Inc., and the state board;
814 creation; purpose; membership; duties and powers.—
815 (1) CareerSource Florida, Inc., is created as a not-for
816 profit corporation, which shall be registered, incorporated,
817 organized, and operated in compliance with chapter 617 and shall
818 operate at the direction of the state board. CareerSource
819 Florida, Inc., is not a unit or entity of state government and
820 is exempt from chapters 120 and 287. CareerSource Florida, Inc.,
821 shall apply the procurement and expenditure procedures required
822 by federal law for the expenditure of federal funds.
823 CareerSource Florida, Inc., shall be administratively housed
824 within the department and shall operate under agreement with of
825 Economic Opportunity; however, CareerSource Florida, Inc., is
826 not subject to control, supervision, or direction by the
827 department in any manner. The Legislature finds that public
828 policy dictates that CareerSource Florida, Inc., operate in the
829 most open and accessible manner consistent with its public
830 purpose. To this end, the Legislature specifically declares that
831 CareerSource Florida, Inc., its board, councils, and any
832 advisory committees or similar groups created by CareerSource
833 Florida, Inc., are subject to the provisions of chapter 119
834 relating to public records, and those provisions of chapter 286
835 relating to public meetings.
836 (2) CareerSource Florida, Inc., provides administrative
837 support for the state board, is the principal workforce policy
838 organization for the state. The purpose of the state board
839 CareerSource Florida, Inc., is to design and implement
840 strategies that help Floridians enter, remain in, and advance in
841 the workplace, so that they may become more highly skilled and
842 successful, which benefits these Floridians, Florida businesses,
843 and the entire state, and fosters the development of the state’s
844 business climate. CareerSource Florida, Inc., shall, consistent
845 with its agreement with the department, implement the policy
846 directives of the state board and administer state workforce
847 development programs as authorized by law.
848 (3)(a) CareerSource Florida, Inc., shall be governed by a
849 board of directors, whose membership and appointment must be
850 consistent with Pub. L. No. 113-128, Title I, s. 101(b). Members
851 of the state board described in Pub. L. No. 113-128, Title I, s.
852 101(b)(1)(C)(iii)(I)(aa) are shall be nonvoting members. The
853 number of members is directors shall be determined by the
854 Governor, who shall consider the importance of minority, gender,
855 and geographic representation in making appointments to the
856 state board. When the Governor is in attendance, he or she shall
857 preside at all meetings of the state board of directors.
858 (b) The state board of directors of CareerSource Florida,
859 Inc., shall be chaired by a board member designated by the
860 Governor pursuant to Pub. L. No. 113-128. A member may not serve
861 more than two terms.
862 (c) Members appointed by the Governor may serve no more
863 than two terms and must be appointed for 3-year terms. However,
864 in order to establish staggered terms for state board members,
865 the Governor shall appoint or reappoint one-third of the state
866 board members for 1-year terms, one-third of the state board
867 members for 2-year terms, and one-third of the state board
868 members for 3-year terms beginning July 1, 2016. Subsequent
869 appointments or reappointments shall be for 3-year terms, except
870 that a member appointed to fill a vacancy on the state board
871 shall be appointed to serve only the remainder of the term of
872 the member whom he or she is replacing, and may be appointed for
873 a subsequent 3-year term. Private sector representatives of
874 businesses, appointed by the Governor pursuant to Pub. L. No.
875 113-128, shall constitute a majority of the membership of the
876 state board. Private sector representatives shall be appointed
877 from nominations received by the Governor, including, but not
878 limited to, those nominations made by the President of the
879 Senate and the Speaker of the House of Representatives. Private
880 sector appointments to the state board must be representative of
881 the business community of this state; no fewer than one-half of
882 the appointments must be representative of small businesses, and
883 at least five members must have economic development experience.
884 Members appointed by the Governor serve at the pleasure of the
885 Governor and are eligible for reappointment.
886 (d) The state board must include the vice chairperson of
887 the board of directors of Enterprise Florida, Inc., and one
888 member representing each of the Workforce Innovation and
889 Opportunity Act partners, including the Division of Career and
890 Adult Education, and other entities representing programs
891 identified in the Workforce Innovation and Opportunity Act, as
892 determined necessary.
893 (e) A member of the state board of directors of
894 CareerSource Florida, Inc., may be removed by the Governor for
895 cause. Absence from three consecutive meetings results in
896 automatic removal. The chair of the state board CareerSource
897 Florida, Inc., shall notify the Governor of such absences.
898 (f) Representatives of businesses appointed to the state
899 board of directors may not include providers of workforce
900 services.
901 (g) The state board shall hire an executive director for
902 CareerSource Florida, Inc. The executive director serves as the
903 president, the chief executive officer, and an employee of
904 CareerSource Florida, Inc. The president of CareerSource
905 Florida, Inc., serves at the pleasure of the Governor.
906 (4)(a) The president of CareerSource Florida, Inc., shall
907 be hired by the board of directors of CareerSource Florida,
908 Inc., and shall serve at the pleasure of the Governor in the
909 capacity of an executive director and secretary of CareerSource
910 Florida, Inc.
911 (b) The state board of directors of CareerSource Florida,
912 Inc., shall meet at least quarterly and at other times upon the
913 call of its chair. The state board and its committees,
914 subcommittees, or other subdivisions may use any method of
915 telecommunications to conduct meetings, including establishing a
916 quorum through telecommunications, if the public is given proper
917 notice of the telecommunications meeting and is given reasonable
918 access to observe and, if appropriate, participate.
919 (b)(c) A majority of the total current membership of the
920 state board of directors of CareerSource Florida, Inc.,
921 constitutes a quorum and is required to organize and conduct the
922 business of the state board, except that a majority of the
923 executive committee is required to adopt or amend the bylaws.
924 (d) A majority of those voting is required to organize and
925 conduct the business of the board, except that a majority of the
926 entire board of directors is required to adopt or amend the
927 bylaws.
928 (c)(e) Except as delegated or authorized by the state board
929 of directors of CareerSource Florida, Inc., individual members
930 have no authority to control or direct the operations of
931 CareerSource Florida, Inc., or the actions of its officers and
932 employees, including the president.
933 (d)(f) Members of the state board of directors of
934 CareerSource Florida, Inc., and its committees serve without
935 compensation, but these members and, the president, and the
936 employees of CareerSource Florida, Inc., may be reimbursed for
937 all reasonable, necessary, and actual expenses as provided under
938 pursuant to s. 112.061.
939 (e)(g) The state board shall of directors of CareerSource
940 Florida, Inc., may establish an executive committee consisting
941 of the chair and at least six additional board members selected
942 by the chair, one of whom must be a representative of organized
943 labor. The executive committee and the president of CareerSource
944 Florida, Inc., have such authority as the state board delegates
945 to them, except that the state board of directors may not
946 delegate to the executive committee authority to take action
947 that requires approval by a majority of the entire state board
948 of directors.
949 (f)(h) The chair may appoint committees to fulfill the
950 state board’s responsibilities, to comply with federal
951 requirements, or to obtain technical assistance, and must
952 incorporate members of local workforce development boards into
953 its structure.
954 (g)(i) Each member of the state board of directors who is
955 not otherwise required to file a financial disclosure under
956 pursuant to s. 8, Art. II of the State Constitution or s.
957 112.3144 must file disclosure of financial interests under
958 pursuant to s. 112.3145.
959 (5) The state board has CareerSource Florida, Inc., shall
960 have all the powers and authority not explicitly prohibited by
961 statute which are necessary or convenient to carry out and
962 effectuate its purposes as determined by statute, Pub. L. No.
963 113-128, and the Governor, as well as its functions, duties, and
964 responsibilities, including, but not limited to, the following:
965 (a) Serving as the state’s workforce development board
966 pursuant to Pub. L. No. 113-128. Unless otherwise required by
967 federal law, at least 90 percent of workforce development
968 funding must go toward direct customer service.
969 (b) Providing oversight and policy direction to ensure that
970 the following programs are administered by the department
971 consistent in compliance with approved plans and under contract
972 with CareerSource Florida, Inc.:
973 1. Programs authorized under Title I of the Workforce
974 Innovation and Opportunity Act, Pub. L. No. 113-128, with the
975 exception of programs funded directly by the United States
976 Department of Labor under Title I, s. 167.
977 2. Programs authorized under the Wagner-Peyser Act of 1933,
978 as amended, 29 U.S.C. ss. 49 et seq.
979 3. Activities authorized under Title II of the Trade Act of
980 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
981 Adjustment Assistance Program.
982 4. Activities authorized under 38 U.S.C. chapter 41,
983 including job counseling, training, and placement for veterans.
984 5. Employment and training activities carried out under
985 funds awarded to this state by the United States Department of
986 Housing and Urban Development.
987 6. Welfare transition services funded by the Temporary
988 Assistance for Needy Families Program, created under the
989 Personal Responsibility and Work Opportunity Reconciliation Act
990 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
991 of the Social Security Act, as amended.
992 7. The Florida Bonding Program, provided under Pub. L. No.
993 97-300, s. 164(a)(1).
994 8. The Food Assistance Employment and Training Program,
995 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
996 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
997 and the Hunger Prevention Act, Pub. L. No. 100-435; and the
998 Agriculture Improvement Act of 2018, Pub. L. No. 115-334.
999 9. The Quick-Response Training Program, provided under ss.
1000 288.046-288.047. Matching funds and in-kind contributions that
1001 are provided by clients of the Quick-Response Training Program
1002 shall count toward the requirements of s. 288.904, pertaining to
1003 the return on investment from activities of Enterprise Florida,
1004 Inc.
1005 10. The Work Opportunity Tax Credit, provided under the Tax
1006 and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
1007 the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
1008 11. Offender placement services, provided under ss.
1009 944.707-944.708.
1010
1011 The department may adopt rules necessary to administer this
1012 chapter which relate to implementing and administering the
1013 programs listed in this paragraph as well as rules related to
1014 eligible training providers and auditing and monitoring
1015 subrecipients of the workforce system grant funds.
1016 (c) The department may adopt rules necessary to administer
1017 this chapter which relate to implementing and administering the
1018 programs listed in paragraph (b) as well as rules related to
1019 eligible training providers and auditing and monitoring
1020 subrecipients of the workforce system grant funds.
1021 (d) Contracting with public and private entities as
1022 necessary to further the directives of this section. All
1023 contracts executed by the state board or CareerSource Florida,
1024 Inc., must include specific performance expectations and
1025 deliverables. All CareerSource Florida, Inc., contracts,
1026 including those solicited, managed, or paid by the department
1027 under pursuant to s. 20.60(5)(c), are exempt from s. 112.061,
1028 but shall be governed by subsection (1).
1029 (d)(e) Notifying the Governor and the department of
1030 statewide or local workforce development and training needs that
1031 may require policy changes or an update to the state plan
1032 required under s. 445.003, and notifying the Governor, the
1033 President of the Senate, and the Speaker of the House of
1034 Representatives of noncompliance by the department or other
1035 agencies or obstruction of the state board’s efforts by such
1036 agencies. Upon such notification, the Executive Office of the
1037 Governor shall assist agencies to bring them into compliance
1038 with state board objectives.
1039 (e)(f) Ensuring that the state does not waste valuable
1040 training resources. The state board’s policy is board shall
1041 direct that all resources, including equipment purchased for
1042 training Workforce Innovation and Opportunity Act clients, be
1043 available for use at all times by eligible populations as first
1044 priority users. At times when eligible populations are not
1045 available, such resources shall be used for any other state
1046 authorized education and training purpose. The state board
1047 CareerSource Florida, Inc., may authorize expenditures to award
1048 suitable framed certificates, pins, or other tokens of
1049 recognition for performance by a local workforce development
1050 board, its committees and subdivisions, and other units of the
1051 workforce system. The state board CareerSource Florida, Inc.,
1052 may also authorize expenditures for promotional items, such as
1053 t-shirts, hats, or pens printed with messages promoting the
1054 state’s workforce system to employers, job seekers, and program
1055 participants. However, such expenditures are subject to federal
1056 regulations applicable to the expenditure of federal funds.
1057 (f)(g) Establishing a dispute resolution process for all
1058 memoranda of understanding or other contracts or agreements
1059 entered into between the department and local workforce
1060 development boards.
1061 (g)(h) Archiving records with the Bureau of Archives and
1062 Records Management of the Division of Library and Information
1063 Services of the Department of State.
1064 (6) The state board CareerSource Florida, Inc., may take
1065 action that it deems necessary to achieve the purposes of this
1066 section, including, but not limited to:
1067 (a) Creating a state employment, education, and training
1068 policy that ensures that programs to prepare workers are
1069 responsive to present and future business and industry needs and
1070 complement the initiatives of Enterprise Florida, Inc.
1071 (b) Establishing policy direction for a funding system that
1072 provides incentives to improve the outcomes of career education,
1073 registered apprenticeship, and work-based learning programs and
1074 that focuses resources on occupations related to new or emerging
1075 industries that add greatly to the value of the state’s economy.
1076 (c) Establishing a comprehensive policy related to the
1077 education and training of target populations such as those who
1078 have disabilities, are economically disadvantaged, receive
1079 public assistance, are not proficient in English, or are
1080 dislocated workers. This approach should ensure the effective
1081 use of federal, state, local, and private resources in reducing
1082 the need for public assistance.
1083 (d) Designating Institutes of Applied Technology composed
1084 of public and private postsecondary institutions working
1085 together with business and industry to ensure that career
1086 education programs use the most advanced technology and
1087 instructional methods available and respond to the changing
1088 needs of business and industry.
1089 (e) Providing policy direction for a system to project and
1090 evaluate labor market supply and demand using the results of the
1091 Workforce Estimating Conference created in s. 216.136 and the
1092 career education performance standards identified under s.
1093 1008.43.
1094 (f) Reviewing the performance of public programs that are
1095 responsible for economic development, education, employment, and
1096 training. The review must include an analysis of the return on
1097 investment of these programs.
1098 (g) Expanding the occupations identified by the Workforce
1099 Estimating Conference to meet needs created by local emergencies
1100 or plant closings or to capture occupations within emerging
1101 industries.
1102 (7) By December 1 of each year, the state board
1103 CareerSource Florida, Inc., shall submit to the Governor, the
1104 President of the Senate, the Speaker of the House of
1105 Representatives, the Senate Minority Leader, and the House
1106 Minority Leader a complete and detailed annual report setting
1107 forth:
1108 (a) All audits, including any audit conducted under
1109 subsection (8).
1110 (b) The operations and accomplishments of the state board,
1111 including the programs or entities specified in subsection (6).
1112 (8) Pursuant to his or her own authority or at the
1113 direction of the Legislative Auditing Committee, the Auditor
1114 General may conduct an audit of the state board and CareerSource
1115 Florida, Inc., or the programs or entities created by the state
1116 board CareerSource Florida, Inc. The Office of Program Policy
1117 Analysis and Government Accountability, pursuant to its
1118 authority or at the direction of the Legislative Auditing
1119 Committee, may review the systems and controls related to
1120 performance outcomes and quality of services of the state board
1121 and CareerSource Florida, Inc.
1122 (9) The state board CareerSource Florida, Inc., in
1123 collaboration with the local workforce development boards and
1124 appropriate state agencies and local public and private service
1125 providers, shall establish uniform performance accountability
1126 measures that apply across the core programs to gauge the
1127 performance of the state and local workforce development boards
1128 in achieving the workforce development strategy.
1129 (a) The performance accountability measures for the core
1130 programs consist of the primary indicators of performance, any
1131 additional indicators of performance, and a state-adjusted level
1132 of performance for each indicator pursuant to Pub. L. No. 113
1133 128, Title I, s. 116(b).
1134 (b) The performance accountability measures for each local
1135 area consist of the primary indicators of performance, any
1136 additional indicators of performance, and a local level of
1137 performance for each indicator pursuant to Pub. L. No. 113-128.
1138 The local level of performance is determined by the local board,
1139 the chief elected official, and the Governor pursuant to Pub. L.
1140 No. 113-128, Title I, s. 116(c).
1141 (c) Performance accountability measures shall be used to
1142 generate performance reports pursuant to Pub. L. No. 113-128,
1143 Title I, s. 116(d).
1144 (d) The performance accountability measures of success that
1145 are adopted by the state board CareerSource Florida, Inc., or
1146 the local workforce development boards must be developed in a
1147 manner that provides for an equitable comparison of the relative
1148 success or failure of any service provider in terms of positive
1149 outcomes.
1150 (10) The workforce development strategy for the state shall
1151 be designed by the state board, in consultation with the
1152 department, and approved by the Governor CareerSource Florida,
1153 Inc. The strategy must include efforts that enlist business,
1154 education, and community support for students to achieve long
1155 term career goals, ensuring that young people have the academic
1156 and occupational skills required to succeed in the workplace.
1157 The strategy must also assist employers in upgrading or updating
1158 the skills of their employees and assisting workers to acquire
1159 the education or training needed to secure a better job with
1160 better wages. The strategy must assist the state’s efforts to
1161 attract and expand job-creating businesses offering high-paying,
1162 high-demand occupations.
1163 (11) The workforce development system must use a charter
1164 process approach aimed at encouraging local design and control
1165 of service delivery and targeted activities. The state board, in
1166 consultation with the department CareerSource Florida, Inc., is
1167 shall be responsible for ensuring that granting charters to
1168 local workforce development boards that have a membership
1169 consistent with the requirements of federal and state law and
1170 have developed a plan consistent with the state’s workforce
1171 development strategy. The plan must specify methods for
1172 allocating the resources and programs in a manner that
1173 eliminates unwarranted duplication, minimizes administrative
1174 costs, meets the existing job market demands and the job market
1175 demands resulting from successful economic development
1176 activities, ensures access to quality workforce development
1177 services for all Floridians, allows for pro rata or partial
1178 distribution of benefits and services, prohibits the creation of
1179 a waiting list or other indication of an unserved population,
1180 serves as many individuals as possible within available
1181 resources, and maximizes successful outcomes. The state board As
1182 part of the charter process, CareerSource Florida, Inc., shall
1183 establish incentives for effective coordination of federal and
1184 state programs, outline rewards for successful job placements,
1185 and institute collaborative approaches among local service
1186 providers. Local decisionmaking and control shall be important
1187 components for inclusion in this charter application.
1188 (12) CareerSource Florida, Inc., under the direction of the
1189 state board, shall enter into agreement with Space Florida and
1190 collaborate with vocational institutes, community colleges,
1191 colleges, and universities in this state to develop a workforce
1192 development strategy to implement the workforce provisions of s.
1193 331.3051.
1194 (13) The department may consult with the state board to
1195 issue technical assistance letters on the operation of federal
1196 programs and the expenditure of federal funds by the state board
1197 or any local workforce development board. A technical assistance
1198 letter must be in writing, must be posted on the department’s
1199 website, and remains in effect until superseded or terminated. A
1200 technical assistance letter is not a rule of general
1201 applicability under s. 120.54 and is not a declaratory statement
1202 issued under s. 120.565 or an order issued under s. 120.569.
1203 Section 120.53 does not apply to technical assistance letters.
1204 Section 13. Section 445.006, Florida Statutes, is amended
1205 to read:
1206 445.006 State plan for workforce development.—
1207 (1) STATE PLAN.—The state board CareerSource Florida, Inc.,
1208 in conjunction with state and local partners in the workforce
1209 system, shall develop a state plan that produces an educated and
1210 skilled workforce. The state plan must consist of strategic and
1211 operational planning elements. The state plan shall be submitted
1212 by the Governor to the United States Department of Labor
1213 pursuant to the requirements of Pub. L. No. 113-128.
1214 (2) STRATEGIC PLANNING ELEMENTS.—The state board
1215 CareerSource Florida, Inc., in conjunction with state and local
1216 partners in the workforce system, shall develop strategic
1217 planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
1218 102, for the state plan.
1219 (a) The strategic planning elements of the state plan must
1220 include, but need not be limited to, strategies for:
1221 1. Fulfilling the workforce system goals and strategies
1222 prescribed in s. 445.004;
1223 2. Aggregating, integrating, and leveraging workforce
1224 system resources;
1225 3. Coordinating the activities of federal, state, and local
1226 workforce system partners;
1227 4. Addressing the workforce needs of small businesses; and
1228 5. Fostering the participation of rural communities and
1229 distressed urban cores in the workforce system.
1230 (b) The strategic planning elements must include criteria
1231 for allocating workforce resources to local workforce
1232 development boards. With respect to allocating funds to serve
1233 customers of the welfare transition program, such criteria may
1234 include weighting factors that indicate the relative degree of
1235 difficulty associated with securing and retaining employment
1236 placements for specific subsets of the welfare transition
1237 caseload.
1238 (3) OPERATIONAL PLANNING ELEMENTS.—The state board
1239 CareerSource Florida, Inc., in conjunction with state and local
1240 partners in the workforce system, shall develop operational
1241 planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
1242 102, for the state plan.
1243 Section 14. Subsection (1), paragraph (b) of subsection
1244 (2), and subsections (3) through (7) and (9) through (13) of
1245 section 445.007, Florida Statutes, are amended, and paragraph
1246 (c) is added to subsection (2) of that section, to read:
1247 445.007 Local workforce development boards.—
1248 (1) One local workforce development board shall be
1249 appointed in each designated service delivery area and shall
1250 serve as the local workforce development board pursuant to Pub.
1251 L. No. 113-128. The membership of the local board must be
1252 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
1253 public education or training provider is represented on the
1254 local board, a representative of a private education provider
1255 must also be appointed to the local board. The state board
1256 CareerSource Florida, Inc., may waive this requirement if
1257 requested by a local workforce development board if it is
1258 demonstrated that such representatives do not exist in the
1259 region. The importance of minority and gender representation
1260 shall be considered when making appointments to the local board.
1261 The local board, its committees, subcommittees, and
1262 subdivisions, and other units of the workforce system, including
1263 units that may consist in whole or in part of local governmental
1264 units, may use any method of telecommunications to conduct
1265 meetings, including establishing a quorum through
1266 telecommunications, provided that the public is given proper
1267 notice of the telecommunications meeting and reasonable access
1268 to observe and, when appropriate, participate. Local workforce
1269 development boards are subject to chapters 119 and 286 and s.
1270 24, Art. I of the State Constitution. If the local workforce
1271 development board enters into a contract with an organization or
1272 individual represented on the local board of directors, the
1273 contract must be approved by a two-thirds vote of the local
1274 board, a quorum having been established, and the local board
1275 member who could benefit financially from the transaction must
1276 abstain from voting on the contract. A local board member must
1277 disclose any such conflict in a manner that is consistent with
1278 the procedures outlined in s. 112.3143. Each member of a local
1279 workforce development board who is not otherwise required to
1280 file a full and public disclosure of financial interests under
1281 pursuant to s. 8, Art. II of the State Constitution or s.
1282 112.3144 shall file a statement of financial interests under
1283 pursuant to s. 112.3145. The executive director or designated
1284 person responsible for the operational and administrative
1285 functions of the local workforce development board who is not
1286 otherwise required to file a full and public disclosure of
1287 financial interests under pursuant to s. 8, Art. II of the State
1288 Constitution or s. 112.3144 shall file a statement of financial
1289 interests under pursuant to s. 112.3145.
1290 (2)
1291 (b) The Governor may remove a member of the local board,
1292 the executive director of the local board, or the designated
1293 person responsible for the operational and administrative
1294 functions of the local board for cause. As used in this
1295 paragraph, the term “cause” includes, but is not limited to,
1296 engaging in fraud or other criminal acts, incapacity, unfitness,
1297 neglect of duty, official incompetence and irresponsibility,
1298 misfeasance, malfeasance, nonfeasance, or lack of performance.
1299 (c) The chief elected official for the local workforce
1300 development board may remove a member of the local board, the
1301 executive director of the local board, or the designated person
1302 responsible for the operational and administrative functions of
1303 the local board for cause.
1304 (3) The department of Economic Opportunity, under the
1305 direction of CareerSource Florida, Inc., shall assign staff to
1306 meet with each local workforce development board annually to
1307 review the local board’s performance and to certify that the
1308 local board is in compliance with applicable state and federal
1309 law.
1310 (4) In addition to the duties and functions specified by
1311 the state board CareerSource Florida, Inc., and by the
1312 interlocal agreement approved by the local county or city
1313 governing bodies, the local workforce development board shall
1314 have the following responsibilities:
1315 (a) Develop, submit, ratify, or amend the local plan
1316 pursuant to Pub. L. No. 113-128, Title I, s. 108 and this act.
1317 (b) Conclude agreements necessary to designate the fiscal
1318 agent and administrative entity. A public or private entity,
1319 including an entity established under pursuant to s. 163.01,
1320 which makes a majority of the appointments to a local workforce
1321 development board may serve as the local board’s administrative
1322 entity if approved by the department CareerSource Florida, Inc.,
1323 based upon a showing that a fair and competitive process was
1324 used to select the administrative entity.
1325 (c) Complete assurances required for the charter process of
1326 CareerSource Florida, Inc., and Provide ongoing oversight
1327 related to administrative costs, duplicated services, career
1328 counseling, economic development, equal access, compliance and
1329 accountability, and performance outcomes.
1330 (d) Oversee the one-stop delivery system in its local area.
1331 (5) The department and CareerSource Florida, Inc., in
1332 consultation with the state board, shall implement a training
1333 program for the local workforce development boards to
1334 familiarize local board members with the state’s workforce
1335 development goals and strategies.
1336 (6) The local workforce development board shall designate
1337 all local service providers and may not transfer this authority
1338 to a third party. Consistent with the intent of the Workforce
1339 Innovation and Opportunity Act, local workforce development
1340 boards should provide the greatest possible choice of training
1341 providers to those who qualify for training services. A local
1342 workforce development board may not restrict the choice of
1343 training providers based upon cost, location, or historical
1344 training arrangements. However, a local board may restrict the
1345 amount of training resources available to any one client. Such
1346 restrictions may vary based upon the cost of training in the
1347 client’s chosen occupational area. The local workforce
1348 development board may be designated as a one-stop operator and
1349 direct provider of intake, assessment, eligibility
1350 determinations, or other direct provider services except
1351 training services. Such designation may occur only with the
1352 agreement of the chief elected official and the Governor as
1353 specified in 29 U.S.C. s. 2832(f)(2). The state board
1354 CareerSource Florida, Inc., shall establish procedures by which
1355 a local workforce development board may request permission to
1356 operate under this section and the criteria under which such
1357 permission may be granted. The criteria shall include, but need
1358 not be limited to, a reduction in the cost of providing the
1359 permitted services. Such permission shall be granted for a
1360 period not to exceed 3 years for any single request submitted by
1361 the local workforce development board.
1362 (7) Local workforce development boards shall adopt a
1363 committee structure consistent with applicable federal law and
1364 state policies established by the state board CareerSource
1365 Florida, Inc.
1366 (9) For purposes of procurement, local workforce
1367 development boards and their administrative entities are not
1368 state agencies and are exempt from chapters 120 and 287. The
1369 local workforce development boards shall apply the procurement
1370 and expenditure procedures required by federal law and policies
1371 of the department of Economic Opportunity and the state board
1372 CareerSource Florida, Inc., for the expenditure of federal,
1373 state, and nonpass-through funds. The making or approval of
1374 smaller, multiple payments for a single purchase with the intent
1375 to avoid or evade the monetary thresholds and procedures
1376 established by federal law and policies of the department of
1377 Economic Opportunity and the state board CareerSource Florida,
1378 Inc., is grounds for removal for cause. Local workforce
1379 development boards, their administrative entities, committees,
1380 and subcommittees, and other workforce units may authorize
1381 expenditures to award suitable framed certificates, pins, or
1382 other tokens of recognition for performance by units of the
1383 workforce system. Local workforce development boards; their
1384 administrative entities, committees, and subcommittees; and
1385 other workforce units may authorize expenditures for promotional
1386 items, such as t-shirts, hats, or pens printed with messages
1387 promoting Florida’s workforce system to employers, job seekers,
1388 and program participants. However, such expenditures are subject
1389 to federal regulations applicable to the expenditure of federal
1390 funds. All contracts executed by local workforce development
1391 boards must include specific performance expectations and
1392 deliverables.
1393 (10) State and federal funds provided to the local
1394 workforce development boards may not be used directly or
1395 indirectly to pay for meals, food, or beverages for board
1396 members, staff, or employees of local workforce development
1397 boards, the state board CareerSource Florida, Inc., or the
1398 department of Economic Opportunity except as expressly
1399 authorized by state law. Preapproved, reasonable, and necessary
1400 per diem allowances and travel expenses may be reimbursed. Such
1401 reimbursement shall be at the standard travel reimbursement
1402 rates established in s. 112.061 and shall be in compliance with
1403 all applicable federal and state requirements. The department
1404 shall provide fiscal and programmatic guidance CareerSource
1405 Florida, Inc., shall develop a statewide fiscal policy
1406 applicable to the state board, CareerSource Florida, Inc., and
1407 all local workforce development boards, to hold both the state
1408 and local workforce development boards strictly accountable for
1409 adherence to the policy and subject to regular and periodic
1410 monitoring by the department of Economic Opportunity, the
1411 administrative entity for CareerSource Florida, Inc. Local
1412 boards are prohibited from expending state or federal funds for
1413 entertainment costs and recreational activities for local board
1414 members and employees as these terms are defined by 2 C.F.R.
1415 part 200 230.
1416 (11) To increase transparency and accountability, a local
1417 workforce development board must comply with the requirements of
1418 this section before contracting with a member of the local board
1419 or a relative, as defined in s. 112.3143(1)(c), of a local board
1420 member or of an employee of the local board. Such contracts may
1421 not be executed before or without the prior approval of the
1422 department CareerSource Florida, Inc. Such contracts, as well as
1423 documentation demonstrating adherence to this section as
1424 specified by the department CareerSource Florida, Inc., must be
1425 submitted to the department of Economic Opportunity for review
1426 and approval recommendation according to criteria to be
1427 determined by CareerSource Florida, Inc. Such a contract must be
1428 approved by a two-thirds vote of the local board, a quorum
1429 having been established; all conflicts of interest must be
1430 disclosed before the vote; and any member who may benefit from
1431 the contract, or whose relative may benefit from the contract,
1432 must abstain from the vote. A contract under $25,000 between a
1433 local workforce development board and a member of that board or
1434 between a relative, as defined in s. 112.3143(1)(c), of a local
1435 board member or of an employee of the local board is not
1436 required to have the prior approval of the department
1437 CareerSource Florida, Inc., but must be approved by a two-thirds
1438 vote of the local board, a quorum having been established, and
1439 must be reported to the department of Economic Opportunity and
1440 the state board CareerSource Florida, Inc., within 30 days after
1441 approval. If a contract cannot be approved by the department
1442 CareerSource Florida, Inc., a review of the decision to
1443 disapprove the contract may be requested by the local workforce
1444 development board or other parties to the disapproved contract.
1445 (12) Each local workforce development board shall develop a
1446 budget for the purpose of carrying out the duties of the local
1447 board under this section, subject to the approval of the chief
1448 elected official. Each local workforce development board shall
1449 submit its annual budget for review to the department
1450 CareerSource Florida, Inc., no later than 2 weeks after the
1451 chair approves the budget.
1452 (13) By March 1, 2018, CareerSource Florida, Inc., shall
1453 establish regional planning areas in accordance with Pub. L. No.
1454 113-128, Title I, s. 106(a)(2). Local workforce development
1455 boards and chief elected officials within identified regional
1456 planning areas shall prepare a regional workforce development
1457 plan as required under Pub. L. No. 113-128, Title I, s.
1458 106(c)(2).
1459 Section 15. Subsections (1) and (4) of section 445.0071,
1460 Florida Statutes, are amended to read:
1461 445.0071 Florida Youth Summer Jobs Pilot Program.—
1462 (1) CREATION.—Contingent upon appropriations, there is
1463 created the Florida Youth Summer Jobs Pilot Program within
1464 workforce development district 22 served by the Broward
1465 Workforce Development Board. The board shall, in consultation
1466 with the state board CareerSource Florida, Inc., provide a
1467 program offering at-risk and disadvantaged children summer jobs
1468 in partnership with local communities and public employers.
1469 (4) GOVERNANCE.—
1470 (a) The pilot program shall be administered by the local
1471 workforce development board in consultation with the state board
1472 CareerSource Florida, Inc.
1473 (b) The local workforce development board shall report to
1474 the state board and the department CareerSource Florida, Inc.,
1475 the number of at-risk and disadvantaged children who enter the
1476 program, the types of work activities they participate in, and
1477 the number of children who return to school, go on to
1478 postsecondary school, or enter the workforce full time at the
1479 end of the program. The state board CareerSource Florida, Inc.,
1480 shall report to the Legislature by November 1 of each year on
1481 the performance of the program.
1482 Section 16. Subsections (1) and (2) of section 445.008,
1483 Florida Statutes, are amended to read:
1484 445.008 Workforce Training Institute.—
1485 (1) The state board, through CareerSource Florida, Inc.,
1486 may create the Workforce Training Institute, which shall be a
1487 comprehensive program of workforce training courses designed to
1488 meet the unique needs of, and shall include Internet-based
1489 training modules suitable for and made available to,
1490 professionals integral to the workforce system, including
1491 advisors and counselors in educational institutions.
1492 (2) The state board, through CareerSource Florida, Inc.,
1493 may enter into a contract for the provision of administrative
1494 support services for the institute and shall adopt policies for
1495 the administration and operation of the institute and establish
1496 admission fees in an amount which, in the aggregate, does not
1497 exceed the cost of the program. CareerSource Florida, Inc., may
1498 accept donations or grants of any type for any function or
1499 purpose of the institute. All donations and grants received by
1500 CareerSource Florida, Inc., must be reported to the state board
1501 and the department.
1502 Section 17. Subsections (2), (3), and (4), paragraph (b) of
1503 subsection (6), subsection (7), paragraphs (a), (c), and (d) of
1504 subsection (8), and subsection (9) of section 445.009, Florida
1505 Statutes, are amended to read:
1506 445.009 One-stop delivery system.—
1507 (2)(a) Subject to a process designed by the state board
1508 CareerSource Florida, Inc., and in compliance with Pub. L. No.
1509 113-128, local workforce development boards shall designate one
1510 stop delivery system operators.
1511 (b) A local workforce development board may designate as
1512 its one-stop delivery system operator any public or private
1513 entity that is eligible to provide services under any state or
1514 federal workforce program that is a mandatory or discretionary
1515 partner in the local workforce development area’s one-stop
1516 delivery system if approved by the department CareerSource
1517 Florida, Inc., upon a showing by the local workforce development
1518 board that a fair and competitive process was used in the
1519 selection. As a condition of authorizing a local workforce
1520 development board to designate such an entity as its one-stop
1521 delivery system operator, the department CareerSource Florida,
1522 Inc., must require the local workforce development board to
1523 demonstrate that safeguards are in place to ensure that the one
1524 stop delivery system operator will not exercise an unfair
1525 competitive advantage or unfairly refer or direct customers of
1526 the one-stop delivery system to services provided by that one
1527 stop delivery system operator. A local workforce development
1528 board may retain its current one-stop career center operator
1529 without further procurement action if the local board has an
1530 established one-stop career center that has complied with
1531 federal and state law.
1532 (c) The local workforce development board must enter into a
1533 memorandum of understanding with each mandatory or optional
1534 partner participating in the one-stop delivery system which
1535 details the partner’s required contribution to infrastructure
1536 costs, as required by Pub. L. No. 113-128, s. 121(h). If the
1537 local workforce development board and the one-stop partner are
1538 unable to come to an agreement regarding infrastructure costs by
1539 July 1, 2017, the costs shall be allocated pursuant to a policy
1540 established by the Governor.
1541 (3) Local workforce development boards shall enter into a
1542 memorandum of understanding with the department of Economic
1543 Opportunity for the delivery of employment services authorized
1544 by the federal Wagner-Peyser Act. This memorandum of
1545 understanding must be performance based.
1546 (a) Unless otherwise required by federal law, at least 90
1547 percent of the Wagner-Peyser funding must go into direct
1548 customer service costs.
1549 (b) Employment services must be provided through the one
1550 stop delivery system, under the guidance of one-stop delivery
1551 system operators. One-stop delivery system operators shall have
1552 overall authority for directing the staff of the workforce
1553 system. Personnel matters shall remain under the ultimate
1554 authority of the department. However, the one-stop delivery
1555 system operator shall submit to the department information
1556 concerning the job performance of employees of the department
1557 who deliver employment services. The department shall consider
1558 any such information submitted by the one-stop delivery system
1559 operator in conducting performance appraisals of the employees.
1560 (c) The department shall retain fiscal responsibility and
1561 accountability for the administration of funds allocated to the
1562 state under the Wagner-Peyser Act. An employee of the department
1563 who is providing services authorized under the Wagner-Peyser Act
1564 shall be paid using Wagner-Peyser Act funds.
1565 (4) One-stop delivery system partners shall enter into a
1566 memorandum of understanding pursuant to Pub. L. No. 113-128,
1567 Title I, s. 121, with the local workforce development board.
1568 Failure of a local partner to participate cannot unilaterally
1569 block the majority of partners from moving forward with their
1570 one-stop delivery system, and the state board, in conjunction
1571 with the department, may notify the Governor CareerSource
1572 Florida, Inc., pursuant to s. 445.004(5)(e), may make
1573 notification of a local partner that fails to participate.
1574 (6)
1575 (b) To expand electronic capabilities, the state board and
1576 the department CareerSource Florida, Inc., working with local
1577 workforce development boards, shall develop a centralized help
1578 center to assist local workforce development boards in
1579 fulfilling core services, minimizing the need for fixed-site
1580 one-stop delivery system centers.
1581 (7) Intensive services and training provided pursuant to
1582 Pub. L. No. 113-128 shall be provided to individuals through
1583 Intensive Service Accounts and Individual Training Accounts. The
1584 state board CareerSource Florida, Inc., shall develop an
1585 implementation plan, including identification of initially
1586 eligible training providers, transition guidelines, and criteria
1587 for use of these accounts. Individual Training Accounts must be
1588 compatible with Individual Development Accounts for education
1589 allowed in federal and state welfare reform statutes.
1590 (8)(a) Individual Training Accounts must be expended on
1591 programs that prepare people to enter high-wage occupations
1592 identified by the Workforce Estimating Conference created by s.
1593 216.136, and on other programs recommended and approved by the
1594 state board following a review by the department to determine
1595 the program’s compliance with federal law as approved by
1596 CareerSource Florida, Inc.
1597 (c) The department CareerSource Florida, Inc., shall
1598 periodically review Individual Training Account pricing
1599 schedules developed by local workforce development boards and
1600 present findings and recommendations for process improvement to
1601 the President of the Senate and the Speaker of the House of
1602 Representatives.
1603 (d) To the maximum extent possible, training providers
1604 shall use funding sources other than the funding provided under
1605 Pub. L. No. 113-128. The state board CareerSource Florida, Inc.,
1606 shall develop a system to encourage the leveraging of
1607 appropriated resources for the workforce system and shall report
1608 on such efforts as part of the required annual report.
1609 (9)(a) The state board CareerSource Florida, Inc., working
1610 with the department, shall coordinate among the agencies a plan
1611 for a One-Stop Electronic Network made up of one-stop delivery
1612 system centers and other partner agencies that are operated by
1613 authorized public or private for-profit or not-for-profit
1614 agents. The plan shall identify resources within existing
1615 revenues to establish and support this electronic network for
1616 service delivery that includes Government Services Direct. If
1617 necessary, the plan shall identify additional funding needed to
1618 achieve the provisions of this subsection.
1619 (b) The network shall assure that a uniform method is used
1620 to determine eligibility for and management of services provided
1621 by agencies that conduct workforce development activities. The
1622 Department of Management Services shall develop strategies to
1623 allow access to the databases and information management systems
1624 of the following systems in order to link information in those
1625 databases with the one-stop delivery system:
1626 1. The Reemployment Assistance Program under chapter 443.
1627 2. The public employment service described in s. 443.181.
1628 3. The public assistance information system used by the
1629 Department of Children and Families and the components related
1630 to temporary cash assistance, food assistance, and Medicaid
1631 eligibility.
1632 4. The Student Financial Assistance System of the
1633 Department of Education.
1634 5. Enrollment in the public postsecondary education system.
1635 6. Other information systems determined appropriate by the
1636 state board, in consultation with the department CareerSource
1637 Florida, Inc.
1638 Section 18. Section 445.011, Florida Statutes, is amended
1639 to read:
1640 445.011 Workforce information systems.—
1641 (1) The department, in consultation with the state board
1642 CareerSource Florida, Inc., shall implement, subject to
1643 legislative appropriation, automated information systems that
1644 are necessary for the efficient and effective operation and
1645 management of the workforce development system. These
1646 information systems shall include, but need not be limited to,
1647 the following:
1648 (a) An integrated management system for the one-stop
1649 service delivery system, which includes, at a minimum, common
1650 registration and intake, screening for needs and benefits, case
1651 planning and tracking, training benefits management, service and
1652 training provider management, performance reporting, executive
1653 information and reporting, and customer-satisfaction tracking
1654 and reporting.
1655 1. The system should report current budgeting, expenditure,
1656 and performance information for assessing performance related to
1657 outcomes, service delivery, and financial administration for
1658 workforce programs pursuant to s. 445.004(5) and (9).
1659 2. The information system should include auditable systems
1660 and controls to ensure financial integrity and valid and
1661 reliable performance information.
1662 3. The system should support service integration and case
1663 management by providing for case tracking for participants in
1664 welfare transition programs.
1665 (b) An automated job-matching information system that is
1666 accessible to employers, job seekers, and other users via the
1667 Internet, and that includes, at a minimum:
1668 1. Skill match information, including skill gap analysis;
1669 resume creation; job order creation; skill tests; job search by
1670 area, employer type, and employer name; and training provider
1671 linkage;
1672 2. Job market information based on surveys, including
1673 local, state, regional, national, and international occupational
1674 and job availability information; and
1675 3. Service provider information, including education and
1676 training providers, child care facilities and related
1677 information, health and social service agencies, and other
1678 providers of services that would be useful to job seekers.
1679 (2) The department In procuring workforce information
1680 systems, CareerSource Florida, Inc., shall employ competitive
1681 processes, including requests for proposals, competitive
1682 negotiation, and other competitive processes to ensure that the
1683 procurement results in the most cost-effective investment of
1684 state funds.
1685 (3) CareerSource Florida, Inc., may procure independent
1686 verification and validation services associated with developing
1687 and implementing any workforce information system.
1688 (3)(4) The department CareerSource Florida, Inc., shall
1689 coordinate development and implementation of workforce
1690 information systems with the state chief information officer to
1691 ensure compatibility with the state’s information system
1692 strategy and enterprise architecture.
1693 Section 19. Subsections (1) and (3) of section 445.014,
1694 Florida Statutes, are amended to read:
1695 445.014 Small business workforce service initiative.—
1696 (1) Subject to legislative appropriation, the state board
1697 CareerSource Florida, Inc., shall establish a program to
1698 encourage local workforce development boards to establish one
1699 stop delivery systems that maximize the provision of workforce
1700 and human-resource support services to small businesses. Under
1701 the program, a local workforce development board may apply, on a
1702 competitive basis, for funds to support the provision of such
1703 services to small businesses through the local workforce
1704 development area’s one-stop delivery system.
1705 (3) The state board CareerSource Florida, Inc., shall
1706 establish guidelines governing the administration of this
1707 program and shall establish criteria to be used in evaluating
1708 applications for funding. Such criteria must include, but need
1709 not be limited to, a showing that the local workforce
1710 development board has in place a detailed plan for establishing
1711 a one-stop delivery system designed to meet the workforce needs
1712 of small businesses and for leveraging other funding sources in
1713 support of such activities.
1714 Section 20. Paragraphs (b), (c), and (d) of subsection (2)
1715 and subsection (4) of section 445.021, Florida Statutes, are
1716 amended to read:
1717 445.021 Relocation assistance program.—
1718 (2) The relocation assistance program shall involve five
1719 steps by the local workforce development board, in cooperation
1720 with the Department of Children and Families:
1721 (b) A determination that there is a basis for believing
1722 that relocation will contribute to the ability of the applicant
1723 to achieve self-sufficiency. For example, the applicant:
1724 1. Is unlikely to achieve economic self-sufficiency at the
1725 current community of residence;
1726 2. Has secured a job that provides an increased salary or
1727 improved benefits and that requires relocation to another
1728 community;
1729 3. Has a family support network that will contribute to job
1730 retention in another community;
1731 4. Is determined, pursuant to criteria or procedures
1732 established by the state board of directors of CareerSource
1733 Florida, Inc., to be a victim of domestic violence who would
1734 experience reduced probability of further incidents through
1735 relocation; or
1736 5. Must relocate in order to receive education or training
1737 that is directly related to the applicant’s employment or career
1738 advancement.
1739 (c) Establishment of a relocation plan that includes such
1740 requirements as are necessary to prevent abuse of the benefit
1741 and provisions to protect the safety of victims of domestic
1742 violence and avoid provisions that place them in anticipated
1743 danger. The payment to defray relocation expenses shall be
1744 determined based on criteria approved by the state board of
1745 directors of CareerSource Florida, Inc. Participants in the
1746 relocation program shall be eligible for diversion or
1747 transitional benefits.
1748 (d) A determination, pursuant to criteria adopted by the
1749 state board of directors of CareerSource Florida, Inc., that a
1750 community receiving a relocated family has the capacity to
1751 provide needed services and employment opportunities.
1752 (4) The state board of directors of CareerSource Florida,
1753 Inc., may establish criteria for developing and implementing
1754 relocation plans and for drafting agreements to restrict a
1755 family from applying for temporary cash assistance for a
1756 specified period after receiving a relocation assistance
1757 payment.
1758 Section 21. Section 445.022, Florida Statutes, is amended
1759 to read:
1760 445.022 Retention Incentive Training Accounts.—To promote
1761 job retention and to enable upward job advancement into higher
1762 skilled, higher paying employment, the state board of directors
1763 of CareerSource Florida, Inc., and the local workforce
1764 development boards may assemble a list of programs and courses
1765 offered by postsecondary educational institutions which may be
1766 available to participants who have become employed to promote
1767 job retention and advancement.
1768 (1) The state board of directors of CareerSource Florida,
1769 Inc., may establish Retention Incentive Training Accounts
1770 (RITAs) to use Temporary Assistance to Needy Families (TANF)
1771 block grant funds specifically appropriated for this purpose.
1772 RITAs must complement the Individual Training Account required
1773 by the federal Workforce Innovation and Opportunity Act, Pub. L.
1774 No. 113-128.
1775 (2) RITAs may pay for tuition, fees, educational materials,
1776 coaching and mentoring, performance incentives, transportation
1777 to and from courses, child care costs during education courses,
1778 and other such costs as the local workforce development boards
1779 determine are necessary to effect successful job retention and
1780 advancement.
1781 (3) Local workforce development boards shall retain only
1782 those courses that continue to meet their performance standards
1783 as established in their local plan.
1784 (4) Local workforce development boards shall report
1785 annually to the Legislature on the measurable retention and
1786 advancement success of each program provider and the
1787 effectiveness of RITAs, making recommendations for any needed
1788 changes or modifications.
1789 Section 22. Paragraph (e) of subsection (5) of section
1790 445.024, Florida Statutes, is amended to read:
1791 445.024 Work requirements.—
1792 (5) USE OF CONTRACTS.—Local workforce development boards
1793 shall provide work activities, training, and other services, as
1794 appropriate, through contracts. In contracting for work
1795 activities, training, or services, the following applies:
1796 (e) The administrative costs associated with a contract for
1797 services provided under this section may not exceed the
1798 applicable administrative cost ceiling established in federal
1799 law. An agency or entity that is awarded a contract under this
1800 section may not charge more than 7 percent of the value of the
1801 contract for administration unless an exception is approved by
1802 the local workforce development board. A list of any exceptions
1803 approved must be submitted to the state board of directors of
1804 CareerSource Florida, Inc., for review, and the state board may
1805 rescind approval of the exception.
1806 Section 23. Subsection (6) of section 445.026, Florida
1807 Statutes, is amended to read:
1808 445.026 Cash assistance severance benefit.—An individual
1809 who meets the criteria listed in this section may choose to
1810 receive a lump-sum payment in lieu of ongoing cash assistance
1811 payments, provided the individual:
1812 (6) Signs an agreement not to apply for or accept cash
1813 assistance for 6 months after receipt of the one-time payment.
1814 In the event of an emergency, such agreement shall provide for
1815 an exception to this restriction, provided that the one-time
1816 payment shall be deducted from any cash assistance for which the
1817 family subsequently is approved. This deduction may be prorated
1818 over an 8-month period. The state board of directors of
1819 CareerSource Florida, Inc., shall adopt criteria defining the
1820 conditions under which a family may receive cash assistance due
1821 to such emergency.
1822
1823 Such individual may choose to accept a one-time, lump-sum
1824 payment of $1,000 in lieu of receiving ongoing cash assistance.
1825 Such payment shall only count toward the time limitation for the
1826 month in which the payment is made in lieu of cash assistance. A
1827 participant choosing to accept such payment shall be terminated
1828 from cash assistance. However, eligibility for Medicaid, food
1829 assistance, or child care shall continue, subject to the
1830 eligibility requirements of those programs.
1831 Section 24. Section 445.028, Florida Statutes, is amended
1832 to read:
1833 445.028 Transitional benefits and services.—In cooperation
1834 with the department CareerSource Florida, Inc., the Department
1835 of Children and Families shall develop procedures to ensure that
1836 families leaving the temporary cash assistance program receive
1837 transitional benefits and services that will assist the family
1838 in moving toward self-sufficiency. At a minimum, such procedures
1839 must include, but are not limited to, the following:
1840 (1) Each recipient of cash assistance who is determined
1841 ineligible for cash assistance for a reason other than a work
1842 activity sanction shall be contacted by the workforce system
1843 case manager and provided information about the availability of
1844 transitional benefits and services. Such contact shall be
1845 attempted prior to closure of the case management file.
1846 (2) Each recipient of temporary cash assistance who is
1847 determined ineligible for cash assistance due to noncompliance
1848 with the work activity requirements shall be contacted and
1849 provided information in accordance with s. 414.065(1).
1850 (3) The department, in consultation with the state board of
1851 directors of CareerSource Florida, Inc., shall develop
1852 informational material, including posters and brochures, to
1853 better inform families about the availability of transitional
1854 benefits and services.
1855 (4) The department CareerSource Florida, Inc., in
1856 cooperation with the Department of Children and Families, shall,
1857 to the extent permitted by federal law, develop procedures to
1858 maximize the utilization of transitional Medicaid by families
1859 who leave the temporary cash assistance program.
1860 Section 25. Section 445.030, Florida Statutes, is amended
1861 to read:
1862 445.030 Transitional education and training.—In order to
1863 assist former recipients of temporary cash assistance who are
1864 working or actively seeking employment in continuing their
1865 training and upgrading their skills, education, or training,
1866 support services may be provided for up to 2 years after the
1867 family is no longer receiving temporary cash assistance. This
1868 section does not constitute an entitlement to transitional
1869 education and training. If funds are not sufficient to provide
1870 services under this section, the state board of directors of
1871 CareerSource Florida, Inc., may limit or otherwise prioritize
1872 transitional education and training.
1873 (1) Education or training resources available in the
1874 community at no additional cost shall be used whenever possible.
1875 (2) Local workforce development boards may authorize child
1876 care or other support services in addition to services provided
1877 in conjunction with employment. For example, a participant who
1878 is employed full time may receive child care services related to
1879 that employment and may also receive additional child care
1880 services in conjunction with training to upgrade the
1881 participant’s skills.
1882 (3) Transitional education or training must be job-related,
1883 but may include training to improve job skills in a
1884 participant’s existing area of employment or may include
1885 training to prepare a participant for employment in another
1886 occupation.
1887 (4) A local workforce development board may enter into an
1888 agreement with an employer to share the costs relating to
1889 upgrading the skills of participants hired by the employer. For
1890 example, a local workforce development board may agree to
1891 provide support services such as transportation or a wage
1892 subsidy in conjunction with training opportunities provided by
1893 the employer.
1894 Section 26. Section 445.033, Florida Statutes, is amended
1895 to read:
1896 445.033 Evaluation.—The state board of directors of
1897 CareerSource Florida, Inc., and the Department of Children and
1898 Families shall arrange for evaluation of TANF-funded programs
1899 operated under this chapter, as follows:
1900 (1) If required by federal waivers or other federal
1901 requirements, the state board of directors of CareerSource
1902 Florida, Inc., and the department may provide for evaluation
1903 according to these requirements.
1904 (2) The state board of directors of CareerSource Florida,
1905 Inc., and the department shall participate in the evaluation of
1906 this program in conjunction with evaluation of the state’s
1907 workforce development programs or similar activities aimed at
1908 evaluating program outcomes, cost-effectiveness, or return on
1909 investment, and the impact of time limits, sanctions, and other
1910 welfare reform measures set out in this chapter. Evaluation
1911 shall also contain information on the number of participants in
1912 work experience assignments who obtain unsubsidized employment,
1913 including, but not limited to, the length of time the
1914 unsubsidized job is retained, wages, and the public benefits, if
1915 any, received by such families while in unsubsidized employment.
1916 The evaluation must solicit the input of consumers, community
1917 based organizations, service providers, employers, and the
1918 general public, and must publicize, especially in low-income
1919 communities, the process for submitting comments.
1920 (3) The state board of directors of CareerSource Florida,
1921 Inc., and the department may share information with and develop
1922 protocols for information exchange with the Florida Education
1923 and Training Placement Information Program.
1924 (4) The state board of directors of CareerSource Florida,
1925 Inc., and the department may initiate or participate in
1926 additional evaluation or assessment activities that will further
1927 the systematic study of issues related to program goals and
1928 outcomes.
1929 (5) In providing for evaluation activities, the state board
1930 of directors of CareerSource Florida, Inc., and the department
1931 shall safeguard the use or disclosure of information obtained
1932 from program participants consistent with federal or state
1933 requirements. Evaluation methodologies may be used which are
1934 appropriate for evaluation of program activities, including
1935 random assignment of recipients or participants into program
1936 groups or control groups. To the extent necessary or
1937 appropriate, evaluation data shall provide information with
1938 respect to the state, district, or county, or other substate
1939 area.
1940 (6) The state board of directors of CareerSource Florida,
1941 Inc., and the department may contract with a qualified
1942 organization for evaluations conducted under this section.
1943 Section 27. Section 445.035, Florida Statutes, is amended
1944 to read:
1945 445.035 Data collection and reporting.—The Department of
1946 Children and Families and the state board of directors of
1947 CareerSource Florida, Inc., shall collect data necessary to
1948 administer this chapter and make the reports required under
1949 federal law to the United States Department of Health and Human
1950 Services and the United States Department of Agriculture.
1951 Section 28. Subsections (1), (2), and (3), paragraph (b) of
1952 subsection (4), and subsection (5) of section 445.048, Florida
1953 Statutes, are amended to read:
1954 445.048 Passport to Economic Progress program.—
1955 (1) AUTHORIZATION.—Notwithstanding any law to the contrary,
1956 the state board CareerSource Florida, Inc., in conjunction with
1957 the department and the Department of Children and Families and
1958 the Department of Economic Opportunity, shall implement a
1959 Passport to Economic Progress program consistent with this
1960 section. The state board CareerSource Florida, Inc., may
1961 designate local workforce development boards to participate in
1962 the program. Expenses for the program may come from appropriated
1963 revenues or from funds otherwise available to a local workforce
1964 development board which may be legally used for such purposes.
1965 The state board CareerSource Florida, Inc., must consult with
1966 the applicable local workforce development boards and the
1967 applicable local offices of the Department of Children and
1968 Families which serve the program areas and must encourage
1969 community input into the implementation process.
1970 (2) WAIVERS.—If the state board CareerSource Florida, Inc.,
1971 in consultation with the Department of Children and Families,
1972 finds that federal waivers would facilitate implementation of
1973 the program, the department shall immediately request such
1974 waivers, and the state board CareerSource Florida, Inc., shall
1975 report to the Governor, the President of the Senate, and the
1976 Speaker of the House of Representatives if any refusal of the
1977 federal government to grant such waivers prevents the
1978 implementation of the program. If the state board CareerSource
1979 Florida, Inc., finds that federal waivers to provisions of the
1980 Food Assistance Program would facilitate implementation of the
1981 program, the Department of Children and Families shall
1982 immediately request such waivers in accordance with s. 414.175.
1983 (3) TRANSITIONAL BENEFITS AND SERVICES.—In order to assist
1984 them in making the transition to economic self-sufficiency,
1985 former recipients of temporary cash assistance participating in
1986 the passport program shall be eligible for the following
1987 benefits and services:
1988 (a) Notwithstanding the time period specified in s.
1989 445.030, transitional education and training support services as
1990 specified in s. 445.030 for up to 4 years after the family is no
1991 longer receiving temporary cash assistance;
1992 (b) Notwithstanding the time period specified in s.
1993 445.031, transitional transportation support services as
1994 specified in s. 445.031 for up to 4 years after the family is no
1995 longer receiving temporary cash assistance; and
1996 (c) Notwithstanding the time period specified in s.
1997 445.032, transitional child care as specified in s. 445.032 for
1998 up to 4 years after the family is no longer receiving temporary
1999 cash assistance.
2000
2001 All other provisions of ss. 445.030, 445.031, and 445.032 apply
2002 to such individuals, as appropriate. This subsection does not
2003 constitute an entitlement to transitional benefits and services.
2004 If funds are insufficient to provide benefits and services under
2005 this subsection, the state board of directors of CareerSource
2006 Florida, Inc., or its agent, may limit such benefits and
2007 services or otherwise establish priorities for the provisions of
2008 such benefits and services.
2009 (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.—
2010 (b) The state board CareerSource Florida, Inc., in
2011 cooperation with the department and the Department of Children
2012 and Families and the Department of Economic Opportunity, shall
2013 offer performance-based incentive bonuses as a component of the
2014 Passport to Economic Progress program. The bonuses do not
2015 represent a program entitlement and are contingent on achieving
2016 specific benchmarks prescribed in the self-sufficiency plan. If
2017 the funds appropriated for this purpose are insufficient to
2018 provide this financial incentive, the state board of directors
2019 of CareerSource Florida, Inc., may reduce or suspend the bonuses
2020 in order not to exceed the appropriation or may direct the local
2021 workforce development boards to use resources otherwise given to
2022 the local workforce development board to pay such bonuses if
2023 such payments comply with applicable state and federal laws.
2024 (5) EVALUATIONS AND RECOMMENDATIONS.—The state board
2025 CareerSource Florida, Inc., in conjunction with the department,
2026 the Department of Children and Families, the Department of
2027 Economic Opportunity, and the local workforce development
2028 boards, shall conduct a comprehensive evaluation of the
2029 effectiveness of the program operated under this section.
2030 Evaluations and recommendations for the program shall be
2031 submitted by the state board CareerSource Florida, Inc., as part
2032 of its annual report to the Legislature.
2033 Section 29. Subsections (6), (8), and (13) of section
2034 445.051, Florida Statutes, are amended to read:
2035 445.051 Individual development accounts.—
2036 (6) The state board CareerSource Florida, Inc., shall
2037 establish procedures for local workforce development boards to
2038 include in their annual program and financial plan an
2039 application to offer an individual development account program
2040 as part of their TANF allocation. These procedures must include,
2041 but need not be limited to, administrative costs permitted for
2042 the fiduciary organization and policies relative to identifying
2043 the match ratio and limits on the deposits for which the match
2044 will be provided in the application process. The state board
2045 CareerSource Florida, Inc., shall establish policies and
2046 procedures necessary to ensure that funds held in an individual
2047 development account are not withdrawn except for one or more of
2048 the qualified purposes described in this section.
2049 (8) The state board CareerSource Florida, Inc., shall
2050 establish procedures for controlling the withdrawal of funds for
2051 uses other than qualified purposes, including specifying
2052 conditions under which an account must be closed.
2053 (13) Pursuant to policy direction by the state board
2054 CareerSource Florida, Inc., the department of Economic
2055 Opportunity shall adopt such rules as are necessary to implement
2056 this act.
2057 Section 30. Subsection (2) of section 445.055, Florida
2058 Statutes, is amended to read:
2059 445.055 Employment advocacy and assistance program
2060 targeting military spouses and dependents.—
2061 (2) The state board CareerSource Florida, Inc., shall
2062 establish an employment advocacy and assistance program
2063 targeting military spouses and dependents. This program shall
2064 deliver employment assistance services through military family
2065 employment advocates colocated within selected one-stop career
2066 centers. Persons eligible for assistance through this program
2067 include spouses and dependents of active duty military
2068 personnel, Florida National Guard members, and military
2069 reservists.
2070 Section 31. Paragraph (p) of subsection (3) of section
2071 11.45, Florida Statutes, is amended to read:
2072 11.45 Definitions; duties; authorities; reports; rules.—
2073 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
2074 General may, pursuant to his or her own authority, or at the
2075 direction of the Legislative Auditing Committee, conduct audits
2076 or other engagements as determined appropriate by the Auditor
2077 General of:
2078 (p) CareerSource Florida, Inc., the state board as defined
2079 in s. 445.002, or the programs or entities created by the state
2080 board under CareerSource Florida, Inc., created pursuant to s.
2081 445.004.
2082 Section 32. Paragraph (a) of subsection (5) of section
2083 288.901, Florida Statutes, is amended to read:
2084 288.901 Enterprise Florida, Inc.—
2085 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
2086 (a) In addition to the Governor or his or her designee, the
2087 board of directors shall consist of the following appointed
2088 members:
2089 1. The Commissioner of Education or his or her designee.
2090 2. The Chief Financial Officer or his or her designee.
2091 3. The Attorney General or his or her designee.
2092 4. The Commissioner of Agriculture or his or her designee.
2093 5. The chairperson of the state board as defined in s.
2094 445.002 board of directors of CareerSource Florida, Inc.
2095 6. The Secretary of State or his or her designee.
2096 7. Twelve members from the private sector, six of whom
2097 shall be appointed by the Governor, three of whom shall be
2098 appointed by the President of the Senate, and three of whom
2099 shall be appointed by the Speaker of the House of
2100 Representatives. Members appointed by the Governor are subject
2101 to Senate confirmation.
2102
2103 All board members shall serve without compensation, but are
2104 entitled to receive reimbursement for per diem and travel
2105 expenses pursuant to s. 112.061. Such expenses must be paid out
2106 of funds of Enterprise Florida, Inc.
2107 Section 33. Subsection (5) of section 331.369, Florida
2108 Statutes, is amended to read:
2109 331.369 Space Industry Workforce Initiative.—
2110 (5) The state board as defined in s. 445.002 CareerSource
2111 Florida, Inc., as part of its statutorily prescribed annual
2112 report to the Legislature, shall provide recommendations for
2113 policies, programs, and funding to enhance the workforce needs
2114 of the aerospace industry.
2115 Section 34. Paragraph (k) of subsection (1) and subsection
2116 (9) of section 413.405, Florida Statutes, are amended to read:
2117 413.405 Florida Rehabilitation Council.—There is created
2118 the Florida Rehabilitation Council to assist the division in the
2119 planning and development of statewide rehabilitation programs
2120 and services, to recommend improvements to such programs and
2121 services, and to perform the functions listed in this section.
2122 (1) The council shall be composed of:
2123 (k) At least one representative of the state board as
2124 defined in s. 445.002 board of directors of CareerSource
2125 Florida, Inc.
2126 (9) In addition to the other functions specified in this
2127 section, the council shall, after consulting with the state
2128 board as defined in s. 445.002 board of directors of
2129 CareerSource Florida, Inc.:
2130 (a) Review, analyze, and advise the division regarding the
2131 performance of the responsibilities of the division under Title
2132 I of the act, particularly responsibilities relating to:
2133 1. Eligibility, including order of selection.
2134 2. The extent, scope, and effectiveness of services
2135 provided.
2136 3. Functions performed by state agencies which affect or
2137 potentially affect the ability of individuals with disabilities
2138 to achieve employment outcomes under Title I.
2139 (b) In partnership with the division:
2140 1. Develop, agree to, and review state goals and priorities
2141 in accordance with 34 C.F.R. s. 361.29(c); and
2142 2. Evaluate the effectiveness of the vocational
2143 rehabilitation program and submit reports of progress to the
2144 Governor, the President of the Senate, the Speaker of the House
2145 of Representatives, and the United States Secretary of Education
2146 in accordance with 34 C.F.R. s. 361.29(e).
2147 (c) Advise the department and the division and assist in
2148 the preparation of the state plan and amendments to the plan,
2149 applications, reports, needs assessments, and evaluations
2150 required by Title I.
2151 (d) To the extent feasible, conduct a review and analysis
2152 of the effectiveness of, and consumer satisfaction with:
2153 1. The functions performed by state agencies and other
2154 public and private entities responsible for performing functions
2155 for individuals who have disabilities.
2156 2. Vocational rehabilitation services:
2157 a. Provided or paid for from funds made available under the
2158 act or through other public or private sources.
2159 b. Provided by state agencies and other public and private
2160 entities responsible for providing vocational rehabilitation
2161 services to individuals who have disabilities.
2162 3. The employment outcomes achieved by eligible individuals
2163 receiving services under this part, including the availability
2164 of health or other employment benefits in connection with those
2165 employment outcomes.
2166 (e) Prepare and submit an annual report on the status of
2167 vocational rehabilitation programs in the state to the Governor,
2168 the President of the Senate, the Speaker of the House of
2169 Representatives, and the United States Secretary of Education
2170 and make the report available to the public.
2171 (f) Coordinate with other councils within Florida,
2172 including the Florida Independent Living Council, the advisory
2173 panel established under s. 612(a)(21) of the Individuals with
2174 Disabilities Education Act, 20 U.S.C. s. 1412(a)(21), the State
2175 Planning Council described in s. 124 of the Developmental
2176 Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
2177 15024, the state mental health planning council established
2178 under s. 1914 of the Public Health Service Act, 42 U.S.C. s.
2179 300x-3, and the state board as defined in s. 445.002 board of
2180 directors of CareerSource Florida, Inc.
2181 (g) Advise the department and division and provide for
2182 coordination and the establishment of working relationships
2183 among the department, the division, the Florida Independent
2184 Living Council, and centers for independent living in the state.
2185 (h) Perform other functions that are consistent with the
2186 duties and responsibilities of the council under this section.
2187 Section 35. Section 414.045, Florida Statutes, is amended
2188 to read:
2189 414.045 Cash assistance program.—Cash assistance families
2190 include any families receiving cash assistance payments from the
2191 state program for temporary assistance for needy families as
2192 defined in federal law, whether such funds are from federal
2193 funds, state funds, or commingled federal and state funds. Cash
2194 assistance families may also include families receiving cash
2195 assistance through a program defined as a separate state
2196 program.
2197 (1) For reporting purposes, families receiving cash
2198 assistance shall be grouped into the following categories. The
2199 department may develop additional groupings in order to comply
2200 with federal reporting requirements, to comply with the data
2201 reporting needs of the state board as defined in s. 445.002
2202 board of directors of CareerSource Florida, Inc., or to better
2203 inform the public of program progress.
2204 (a) Work-eligible cases.—Work-eligible cases shall include:
2205 1. Families containing an adult or a teen head of
2206 household, as defined by federal law. These cases are generally
2207 subject to the work activity requirements provided in s. 445.024
2208 and the time limitations on benefits provided in s. 414.105.
2209 2. Families with a parent where the parent’s needs have
2210 been removed from the case due to sanction or disqualification
2211 shall be considered work-eligible cases to the extent that such
2212 cases are considered in the calculation of federal participation
2213 rates or would be counted in such calculation in future months.
2214 3. Families participating in transition assistance
2215 programs.
2216 4. Families otherwise eligible for temporary cash
2217 assistance which receive diversion services, a severance
2218 payment, or participate in the relocation program.
2219 (b) Child-only cases.—Child-only cases include cases that
2220 do not have an adult or teen head of household as defined in
2221 federal law. Such cases include:
2222 1. Children in the care of caretaker relatives, if the
2223 caretaker relatives choose to have their needs excluded in the
2224 calculation of the amount of cash assistance.
2225 2. Families in the Relative Caregiver Program as provided
2226 in s. 39.5085.
2227 3. Families in which the only parent in a single-parent
2228 family or both parents in a two-parent family receive
2229 supplemental security income (SSI) benefits under Title XVI of
2230 the Social Security Act, as amended. To the extent permitted by
2231 federal law, individuals receiving SSI shall be excluded as
2232 household members in determining the amount of cash assistance,
2233 and such cases shall not be considered families containing an
2234 adult. Parents or caretaker relatives who are excluded from the
2235 cash assistance group due to receipt of SSI may choose to
2236 participate in work activities. An individual whose ability to
2237 participate in work activities is limited who volunteers to
2238 participate in work activities shall be assigned to work
2239 activities consistent with such limitations. An individual who
2240 volunteers to participate in a work activity may receive child
2241 care or support services consistent with such participation.
2242 4. Families in which the only parent in a single-parent
2243 family or both parents in a two-parent family are not eligible
2244 for cash assistance due to immigration status or other
2245 limitation of federal law. To the extent required by federal
2246 law, such cases shall not be considered families containing an
2247 adult.
2248 5. To the extent permitted by federal law and subject to
2249 appropriations, special needs children who have been adopted
2250 pursuant to s. 409.166 and whose adopting family qualifies as a
2251 needy family under the state program for temporary assistance
2252 for needy families. Notwithstanding any provision to the
2253 contrary in s. 414.075, s. 414.085, or s. 414.095, a family
2254 shall be considered a needy family if:
2255 a. The family is determined by the department to have an
2256 income below 200 percent of the federal poverty level;
2257 b. The family meets the requirements of s. 414.095(2) and
2258 (3) related to residence, citizenship, or eligible noncitizen
2259 status; and
2260 c. The family provides any information that may be
2261 necessary to meet federal reporting requirements specified under
2262 Part A of Title IV of the Social Security Act.
2263 6. Families in the Guardianship Assistance Program as
2264 provided in s. 39.6225.
2265
2266 Families described in subparagraph 1., subparagraph 2., or
2267 subparagraph 3. may receive child care assistance or other
2268 supports or services so that the children may continue to be
2269 cared for in their own homes or in the homes of relatives. Such
2270 assistance or services may be funded from the temporary
2271 assistance for needy families block grant to the extent
2272 permitted under federal law and to the extent funds have been
2273 provided in the General Appropriations Act.
2274 (2) Oversight by the state board as defined in s. 445.002
2275 board of directors of CareerSource Florida, Inc., and the
2276 service delivery and financial planning responsibilities of the
2277 local workforce development boards apply to the families defined
2278 as work-eligible cases in paragraph (1)(a). The department shall
2279 be responsible for program administration related to families in
2280 groups defined in paragraph (1)(b), and the department shall
2281 coordinate such administration with the state board of directors
2282 of CareerSource Florida, Inc., to the extent needed for
2283 operation of the program.
2284 Section 36. Subsection (2) of section 420.622, Florida
2285 Statutes, is amended to read:
2286 420.622 State Office on Homelessness; Council on
2287 Homelessness.—
2288 (2) The Council on Homelessness is created to consist of 17
2289 representatives of public and private agencies who shall develop
2290 policy and advise the State Office on Homelessness. The council
2291 members shall be: the Secretary of Children and Families, or his
2292 or her designee; the executive director of the Department of
2293 Economic Opportunity, or his or her designee, who shall advise
2294 the council on issues related to rural development; the State
2295 Surgeon General, or his or her designee; the Executive Director
2296 of Veterans’ Affairs, or his or her designee; the Secretary of
2297 Corrections, or his or her designee; the Secretary of Health
2298 Care Administration, or his or her designee; the Commissioner of
2299 Education, or his or her designee; the Executive Director of
2300 CareerSource Florida, Inc., or his or her designee; one
2301 representative of the Florida Association of Counties; one
2302 representative of the Florida League of Cities; one
2303 representative of the Florida Supportive Housing Coalition; the
2304 Executive Director of the Florida Housing Finance Corporation,
2305 or his or her designee; one representative of the Florida
2306 Coalition for the Homeless; and four members appointed by the
2307 Governor. The council members shall be nonpaid volunteers and
2308 shall be reimbursed only for travel expenses. The appointed
2309 members of the council shall be appointed to staggered 2-year
2310 terms, and the council shall meet at least four times per year.
2311 The importance of minority, gender, and geographic
2312 representation shall be considered in appointing members to the
2313 council.
2314 Section 37. Subsections (1) and (4) of section 443.171,
2315 Florida Statutes, are amended to read:
2316 443.171 Department of Economic Opportunity and commission;
2317 powers and duties; records and reports; proceedings; state
2318 federal cooperation.—
2319 (1) POWERS AND DUTIES.—The Department of Economic
2320 Opportunity shall administer this chapter. The department may
2321 employ persons, make expenditures, require reports, conduct
2322 investigations, and take other action necessary or suitable to
2323 administer this chapter. The department shall annually submit
2324 information to the state board as defined in s. 445.002
2325 CareerSource Florida, Inc., covering the administration and
2326 operation of this chapter during the preceding calendar year for
2327 inclusion in the strategic plan under s. 445.006 and may make
2328 recommendations for amendment to this chapter.
2329 (4) EMPLOYMENT STABILIZATION.—The Department of Economic
2330 Opportunity, under the direction of the state board as defined
2331 in s. 445.002 CareerSource Florida, Inc., shall take all
2332 appropriate steps to reduce and prevent unemployment; to
2333 encourage and assist in the adoption of practical methods of
2334 career training, retraining, and career guidance; to
2335 investigate, recommend, advise, and assist municipalities,
2336 counties, school districts, and the state in the establishment
2337 and operation of reserves for public works to be used in times
2338 of business depression and unemployment; to promote the
2339 reemployment of unemployed workers throughout the state in every
2340 other way that may be feasible; to refer a claimant entitled to
2341 extended benefits to suitable work that meets the criteria of
2342 this chapter; and, to these ends, to carry on and publish the
2343 results of investigations and research studies.
2344 Section 38. Subsection (1) of section 443.181, Florida
2345 Statutes, is amended to read:
2346 443.181 Public employment service.—
2347 (1) The one-stop delivery system established under s.
2348 445.009 is this state’s public employment service as part of the
2349 national system of public employment offices established under
2350 29 U.S.C. s. 49. The Department of Economic Opportunity, under
2351 policy direction from the state board as defined in s. 445.002
2352 CareerSource Florida, Inc., shall cooperate with any official or
2353 agency of the United States having power or duties under 29
2354 U.S.C. ss. 49-49l-1 and shall perform those duties necessary to
2355 secure to this state the funds provided under federal law for
2356 the promotion and maintenance of the state’s public employment
2357 service. In accordance with 29 U.S.C. s. 49c, this state accepts
2358 29 U.S.C. ss. 49-49l-1. The department is designated the state
2359 agency responsible for cooperating with the United States
2360 Secretary of Labor under 29 U.S.C. s. 49c. The department shall
2361 appoint sufficient employees to administer this section. The
2362 department may cooperate with or enter into agreements with the
2363 Railroad Retirement Board for the establishment, maintenance,
2364 and use of one-stop career centers.
2365 Section 39. Subsection (1) of section 446.71, Florida
2366 Statutes, is amended to read:
2367 446.71 Everglades Restoration Agricultural Community
2368 Employment Training Program.—
2369 (1) The Department of Economic Opportunity, in cooperation
2370 with the state board as defined in s. 445.002 CareerSource
2371 Florida, Inc., shall establish the Everglades Restoration
2372 Agricultural Community Employment Training Program within the
2373 Department of Economic Opportunity. The Department of Economic
2374 Opportunity shall use funds appropriated to the program by the
2375 Legislature to provide grants to stimulate and support training
2376 and employment programs that seek to match persons who complete
2377 such training programs to nonagricultural employment
2378 opportunities in areas of high agricultural unemployment, and to
2379 provide other training, educational, and information services
2380 necessary to stimulate the creation of jobs in the areas of high
2381 agricultural unemployment. In determining whether to provide
2382 funds to a particular program, the Department of Economic
2383 Opportunity shall consider the location of the program in
2384 proximity to the program’s intended participants.
2385 Section 40. Subsection (9) of section 1011.80, Florida
2386 Statutes, is amended to read:
2387 1011.80 Funds for operation of workforce education
2388 programs.—
2389 (9) The State Board of Education and the state board as
2390 defined in s. 445.002 CareerSource Florida, Inc., shall provide
2391 the Legislature with recommended formulas, criteria, timeframes,
2392 and mechanisms for distributing performance funds. The
2393 commissioner shall consolidate the recommendations and develop a
2394 consensus proposal for funding. The Legislature shall adopt a
2395 formula and distribute the performance funds to the State Board
2396 of Education for Florida College System institutions and school
2397 districts through the General Appropriations Act. These
2398 recommendations shall be based on formulas that would discourage
2399 low-performing or low-demand programs and encourage through
2400 performance-funding awards:
2401 (a) Programs that prepare people to enter high-wage
2402 occupations identified by the Workforce Estimating Conference
2403 created by s. 216.136 and other programs as approved by the
2404 state board as defined in s. 445.002 CareerSource Florida, Inc.
2405 At a minimum, performance incentives shall be calculated for
2406 adults who reach completion points or complete programs that
2407 lead to specified high-wage employment and to their placement in
2408 that employment.
2409 (b) Programs that successfully prepare adults who are
2410 eligible for public assistance, economically disadvantaged,
2411 disabled, not proficient in English, or dislocated workers for
2412 high-wage occupations. At a minimum, performance incentives
2413 shall be calculated at an enhanced value for the completion of
2414 adults identified in this paragraph and job placement of such
2415 adults upon completion. In addition, adjustments may be made in
2416 payments for job placements for areas of high unemployment.
2417 (c) Programs that are specifically designed to be
2418 consistent with the workforce needs of private enterprise and
2419 regional economic development strategies, as defined in
2420 guidelines set by the state board as defined in s. 445.002
2421 CareerSource Florida, Inc. The state board as defined in s.
2422 445.002 CareerSource Florida, Inc., shall develop guidelines to
2423 identify such needs and strategies based on localized research
2424 of private employers and economic development practitioners.
2425 (d) Programs identified by the state board as defined in s.
2426 445.002 CareerSource Florida, Inc., as increasing the
2427 effectiveness and cost efficiency of education.
2428 Section 41. Subsection (3) of section 1011.801, Florida
2429 Statutes, is amended to read:
2430 1011.801 Workforce Development Capitalization Incentive
2431 Grant Program.—The Legislature recognizes that the need for
2432 school districts and Florida College System institutions to be
2433 able to respond to emerging local or statewide economic
2434 development needs is critical to the workforce development
2435 system. The Workforce Development Capitalization Incentive Grant
2436 Program is created to provide grants to school districts and
2437 Florida College System institutions on a competitive basis to
2438 fund some or all of the costs associated with the creation or
2439 expansion of workforce development programs that serve specific
2440 employment workforce needs.
2441 (3) The State Board of Education shall give highest
2442 priority to programs that train people to enter high-skill,
2443 high-wage occupations identified by the Workforce Estimating
2444 Conference and other programs approved by the state board as
2445 defined in s. 445.002, CareerSource Florida, Inc.; programs that
2446 train people to enter occupations under the welfare transition
2447 program,; or programs that train for the workforce adults who
2448 are eligible for public assistance, economically disadvantaged,
2449 disabled, not proficient in English, or dislocated workers. The
2450 State Board of Education shall consider the statewide geographic
2451 dispersion of grant funds in ranking the applications and shall
2452 give priority to applications from education agencies that are
2453 making maximum use of their workforce development funding by
2454 offering high-performing, high-demand programs.
2455 Section 42. This act shall take effect July 1, 2020.