Florida Senate - 2021                              CS for SB 366
       
       
        
       By the Committee on Education; and Senators Hutson and Brodeur
       
       
       
       
       
       581-02347-21                                           2021366c1
    1                        A bill to be entitled                      
    2         An act relating to educational opportunities leading
    3         to employment; amending s. 446.011, F.S.; revising
    4         legislative intent related to apprenticeship training;
    5         amending s. 446.021, F.S.; defining and redefining
    6         terms; amending s. 446.032, F.S.; revising the general
    7         duties of the Department of Education with regard to
    8         apprenticeship and preapprenticeship programs;
    9         amending s. 446.041, F.S.; requiring the department to
   10         regularly review and evaluate its uniform minimum
   11         standards for apprenticeship and preapprenticeship
   12         programs; conforming provisions to changes made by the
   13         act; requiring the department to ensure that equal
   14         opportunity for apprentices, preapprentices, and
   15         applicants for apprenticeship and preapprenticeship is
   16         provided for the apprenticeship and preapprenticeship
   17         programs; amending s. 446.045, F.S.; conforming
   18         provisions to changes made by the act; revising the
   19         membership of the State Apprenticeship Advisory
   20         Council; revising meeting requirements; amending s.
   21         446.051, F.S.; providing that apprenticeship or
   22         preapprenticeship program sponsors are responsible for
   23         the selection and training of certain personnel, as
   24         approved by the department; encouraging district
   25         school boards and postsecondary educational
   26         institutions to cooperate in providing certain
   27         equipment, supplies, and instructor salaries; amending
   28         s. 446.052, F.S.; encouraging specified entities to
   29         cooperate in developing and establishing
   30         apprenticeship and preapprenticeship programs that
   31         include career instruction; encouraging specified
   32         entities to work together toward specified goals
   33         relating to apprenticeship programs; amending s.
   34         446.071, F.S.; providing that certain entities may be
   35         approved as apprenticeship sponsors if they meet
   36         certain uniform minimum standards; removing the
   37         definition of the term “need”; conforming provisions
   38         to changes made by the act; amending s. 446.081, F.S.;
   39         revising construction; repealing s. 446.091, F.S.,
   40         relating to the adaptation and applicability of
   41         certain provisions to on-the-job training programs;
   42         amending s. 446.092, F.S.; revising criteria for
   43         apprenticeship occupations; creating s. 446.54, F.S.;
   44         providing legislative intent; defining the term “work
   45         based learning”; providing that certain individuals
   46         enrolled in work-based learning are deemed to be
   47         employees of the state for purposes of receiving
   48         certain medically necessary care under workers’
   49         compensation coverage; amending s. 1003.01, F.S.;
   50         defining the term “work-based learning”; amending s.
   51         1003.491, F.S.; authorizing the department to adopt
   52         rules; amending s. 1004.02, F.S.; defining the term
   53         “cooperative method of instruction”; amending s.
   54         1007.23, F.S.; requiring that the statewide
   55         articulation agreement specify three mathematics
   56         pathways that meet a certain requirement upon which
   57         degree-seeking students must be placed; amending s.
   58         1007.263, F.S.; requiring admissions counseling to use
   59         certain tests or alternative methods to measure
   60         achievement of college-level communication and
   61         computation by students entering college programs;
   62         requiring that such counseling measure achievement of
   63         certain basic skills; revising requirements for
   64         admission to associate degree programs; amending s.
   65         1007.271, F.S.; revising eligibility requirements for
   66         initial enrollment in college-level dual enrollment
   67         courses; revising requirements for home education
   68         students seeking dual enrollment in certain
   69         postsecondary institutions; amending s. 1008.30, F.S.;
   70         requiring the State Board of Education to adopt, by a
   71         specified date, rules establishing alternative methods
   72         for assessing computation and communication skills of
   73         certain students; authorizing Florida College System
   74         institutions to use such alternative methods in lieu
   75         of the common placement test to assess a student’s
   76         readiness to perform college-level work in computation
   77         and communication; deleting obsolete provisions;
   78         requiring Florida College System institutions to use
   79         placement test results or alternative methods to
   80         determine the extent to which certain students
   81         demonstrate sufficient computation and communication
   82         skills to indicate readiness for their meta-major;
   83         requiring Florida College System institutions to
   84         counsel and place certain students in specified
   85         college courses; limiting students’ developmental
   86         education to content needed for success in their meta
   87         major; conforming provisions to changes made by the
   88         act; making technical changes; amending s. 1008.44,
   89         F.S.; requiring the Department of Education to
   90         identify certain certifications as those leading to
   91         occupations in specified industry sectors; authorizing
   92         the Commissioner of Education to limit certain
   93         certifications for the purpose of specified
   94         calculations; amending s. 1009.25, F.S.; authorizing
   95         technical centers operated by school districts,
   96         Florida College System institutions, or state
   97         universities to enter into specified agreements with
   98         other entities; authorizing the State Board of
   99         Education to adopt specified rules and the Board of
  100         Governors to adopt specified regulations; amending s.
  101         1011.62, F.S.; revising the calculation of certain
  102         additional full-time equivalent membership relating to
  103         funding for the operation of schools; deleting a
  104         provision relating to full-time equivalent membership
  105         calculation for elementary and middle grades students;
  106         requiring that a specified supplemental value for
  107         full-time equivalent student membership be calculated
  108         for certain industry certifications leading to
  109         employment in critical industry sectors; authorizing
  110         the use of a specified percentage of certain funds for
  111         CAPE program expenses; limiting the amount of funds
  112         that may be used for administrative costs; prohibiting
  113         the use of CAPE funding to supplant funds provided for
  114         basic operation of the CAPE program; amending s.
  115         1011.80, F.S.; providing for an appropriation to a
  116         school district or Florida College System institution
  117         from the General Appropriations Act for certain
  118         industry certifications; requiring a district school
  119         board or Florida College System institution board of
  120         trustees that receives certain funding to use the
  121         funding in a specified manner; amending s. 1011.802,
  122         F.S.; specifying that Florida Pathways to Career
  123         Opportunities Grant Program funds may be used for
  124         instructional personnel; specifying the maximum amount
  125         of funds that may be used by the department to
  126         administer the Florida Pathways to Career
  127         Opportunities Grant Program; amending s. 1011.81,
  128         F.S.; providing for an appropriation to each Florida
  129         College System institution from the General
  130         Appropriations Act for certain industry
  131         certifications; providing an effective date.
  132          
  133  Be It Enacted by the Legislature of the State of Florida:
  134  
  135         Section 1. Section 446.011, Florida Statutes, is amended to
  136  read:
  137         446.011 Legislative intent regarding apprenticeship
  138  training.—
  139         (1) It is the intent of the State of Florida to provide
  140  educational opportunities for its residents so that they can be
  141  trained for trades, occupations, and professions suited to their
  142  abilities. It is the intent of this act to promote the mode of
  143  training known as apprenticeship in occupations throughout
  144  industry in the state that require physical manipulative skills.
  145  The Legislature further intends to broaden By broadening job
  146  training opportunities by and providing for increased
  147  coordination between secondary and postsecondary educational
  148  institutions and businesses and industries participating in
  149  public school academic programs, career programs, and registered
  150  apprenticeship programs so that, the residents of this state
  151  will benefit from an additional avenue to a postsecondary
  152  credential or degree when on-the-job training is combined with
  153  related technical and theoretical instruction provided by a
  154  school district or any accredited postsecondary educational
  155  institution. Therefore, this act encourages apprenticeship
  156  programs to lead to a postsecondary credential the valuable
  157  training opportunities developed when on-the-job training is
  158  combined with academic-related classroom experiences. Moreover,
  159  this act is intended to develop the apparent potentials in
  160  apprenticeship training by assisting in the establishment of
  161  preapprenticeship programs in the public school system and
  162  elsewhere and by expanding presently registered programs as well
  163  as promoting new registered programs in jobs that lend
  164  themselves to apprenticeship training.
  165         (2) It is the intent of the Legislature that the Department
  166  of Education have responsibility for the development of the
  167  registered apprenticeship and registered preapprenticeship
  168  uniform minimum standards for the apprenticeable occupations
  169  trades and that the department have responsibility for assisting
  170  approved program sponsors pursuant to s. 446.071 district school
  171  boards and Florida College System institution boards of trustees
  172  in developing preapprenticeship programs.
  173         (3) It is the further intent of ss. 446.011-446.092 that
  174  the department ensure quality training through the adoption and
  175  enforcement of uniform minimum standards and that the department
  176  promote, register, monitor, and service apprenticeship and
  177  preapprenticeship training programs and ensure that the programs
  178  adhere to the standards.
  179         (4) It is the intent of the Legislature that this act not
  180  require the use of apprentices or preapprentices on construction
  181  projects financed by the state or any county, municipality, town
  182  or township, public authority, special district, municipal
  183  service taxing unit, or other agency of state or local
  184  government. Notwithstanding this intent, whenever any government
  185  or agency of government employs, of its own choice, apprentices
  186  or preapprentices or employs contractors who employ apprentices
  187  or preapprentices, the behavior of the government and the
  188  contractors employed by the government shall be governed by the
  189  provisions of this act.
  190         Section 2. Section 446.021, Florida Statutes, is amended to
  191  read:
  192         (Substantial rewording of section. See
  193         s. 446.021, F.S., for present text.)
  194         446.021 Definitions of terms used in ss. 446.011-446.092.
  195  As used in ss. 446.011-446.092, the term:
  196         (1)“Apprentice” means a person at least 16 years of age
  197  who has entered into an apprenticeship agreement with a
  198  registered apprenticeship program sponsor, is engaged in
  199  learning an apprenticeable occupation through actual work
  200  experience under the supervision of journeyworkers, and is
  201  enrolled in the apprenticeship program, thereby receiving an
  202  organized and systematic form of instruction designed to provide
  203  theoretical and technical knowledge related to the occupation.
  204         (2)“Apprenticeship program” means a program that is
  205  registered with the department on the basis of a plan submitted
  206  to the department which contains the terms and conditions for
  207  the qualification, recruitment, selection, employment, and
  208  training of apprentices, including requirements for a written
  209  apprenticeship agreement.
  210         (3)“Cancellation” means the termination or deregistration
  211  of an apprenticeship program at the request of the program
  212  sponsor or the termination of an apprenticeship agreement at the
  213  request of the apprentice.
  214         (4) “Department” means the Department of Education.
  215         (5) “Journeyworker” means a person working in an
  216  apprenticeable occupation who has successfully completed a
  217  registered apprenticeship program or who has worked the number
  218  of years required by established industry practices for the
  219  particular trade or occupation.
  220         (6) “On-the-job training” means a structured system of work
  221  processes under the supervision of a journeyworker which
  222  provides the experience and knowledge necessary to meet the
  223  training objective of learning a specific skill, trade, or
  224  occupation.
  225         (7) “Preapprentice” means a person at least 16 years of age
  226  who enters into a preapprenticeship agreement with a
  227  preapprenticeship program sponsor approved by the department and
  228  who engages in learning an apprenticeable occupation in any
  229  course of instruction in the public school system or elsewhere.
  230         (8) “Preapprenticeship program” means a program sponsored
  231  by an apprenticeship program in the same occupation which is
  232  registered with the department on the basis of a plan submitted
  233  to the department which contains the terms and conditions of
  234  instruction in the public school system or elsewhere and is
  235  designed to prepare a registered preapprentice to become an
  236  apprentice in an apprenticeship program.
  237         (9) “Related instruction” means an organized and systematic
  238  form of instruction designed to provide an apprentice or a
  239  preapprentice with the knowledge of theoretical subjects related
  240  to a specific trade or occupation.
  241         (10) “Uniform minimum standards” means the minimum
  242  requirements established for each occupation under which an
  243  apprenticeship or preapprenticeship program is administered. The
  244  term includes standards of admission, training objectives,
  245  curriculum outlines, objective standards to measure successful
  246  completion of the apprenticeship or preapprenticeship program,
  247  and the percentage of credit which may be given to an apprentice
  248  or preapprentice.
  249         Section 3. Subsection (1), paragraphs (b), (d), and (e) of
  250  subsection (2), and subsection (3) of section 446.032, Florida
  251  Statutes, are amended to read:
  252         446.032 General duties of the department for apprenticeship
  253  training.—The department shall:
  254         (1) Establish uniform minimum standards and policies
  255  governing apprenticeship apprentice programs and agreements. The
  256  standards and policies shall govern the terms and conditions of
  257  the apprentice’s employment and training, including the quality
  258  training of the apprentice for, but not limited to, such matters
  259  as ratios of apprentices to journeyworkers, safety, related
  260  technical instruction, and on-the-job training; but these
  261  standards and policies may not include rules, standards, or
  262  guidelines that require the use of apprentices and job trainees
  263  on state, county, or municipal contracts. Uniform minimum
  264  standards must be uniform across all occupations The department
  265  may adopt rules necessary to administer the standards and
  266  policies.
  267         (2) By September 1 of each year, publish an annual report
  268  on apprenticeship and preapprenticeship programs. The report
  269  must be published on the department’s website and, at a minimum,
  270  include all of the following:
  271         (b) A detailed summary of each local educational agency’s
  272  expenditure of funds for apprenticeship and preapprenticeship
  273  programs, including:
  274         1. The total amount of funds received for apprenticeship
  275  and preapprenticeship programs;
  276         2. The total amount of funds allocated to each
  277  apprenticeable trade or occupation;
  278         3. The total amount of funds expended for administrative
  279  costs per apprenticeable trade or occupation; and
  280         4. The total amount of funds expended for instructional
  281  costs per apprenticeable trade and occupation.
  282         (d) The percentage of apprentices and preapprentices who
  283  complete their respective programs in the appropriate timeframe.
  284         (e) Information and resources related to applications for
  285  new apprenticeship programs and preapprenticeship programs and
  286  technical assistance and requirements for potential
  287  apprenticeship programs and preapprenticeship programs
  288  applicants.
  289         (3) Provide assistance to district school boards,
  290  postsecondary educational institutions, Florida College System
  291  institution boards of trustees, approved program sponsors under
  292  s. 446.071, and local workforce development boards in notifying
  293  students, parents, and members of the community of the
  294  availability of apprenticeship and preapprenticeship
  295  opportunities, including data provided in the economic security
  296  report pursuant to s. 445.07.
  297         Section 4. Subsections (2) through (8), (10), (11), and
  298  (12) of section 446.041, Florida Statutes, are amended to read:
  299         446.041 Apprenticeship program, duties of the department.
  300  The department shall:
  301         (2) Regularly review and evaluate the uniform minimum
  302  Administer the standards established by the department for
  303  registered apprenticeship and preapprenticeship programs.
  304         (3) Register, in accordance with this chapter, any
  305  apprenticeship or preapprenticeship program that, regardless of
  306  affiliation, which meets the uniform minimum standards
  307  established by the department.
  308         (4) Investigate complaints concerning the failure of any
  309  registered program to meet the uniform minimum standards
  310  established by the department.
  311         (5) Cancel the registration of any program that fails to
  312  comply with the uniform minimum standards and policies of the
  313  department or that unreasonably fails or refuses to cooperate
  314  with the department in monitoring and enforcing compliance with
  315  the uniform minimum standards.
  316         (6) Encourage potential sponsors to develop and encourage
  317  apprenticeship and preapprenticeship programs.
  318         (7) Lead and coordinate outreach efforts to educate
  319  veterans about apprenticeship programs and career opportunities.
  320         (8) Cooperate with and assist local apprenticeship sponsors
  321  in the development of the uniform minimum their apprenticeship
  322  standards and training requirements.
  323         (10) Monitor registered apprenticeship programs to ensure
  324  that they are being operated in compliance with all applicable
  325  uniform minimum standards.
  326         (11) Supervise all apprenticeship programs that are
  327  registered with the department.
  328         (12) Ensure that equal opportunity for apprentices,
  329  preapprentices, and applicants for apprenticeships and
  330  preapprenticeships is provided for the apprenticeship and
  331  preapprenticeship programs and that minority and gender
  332  diversity are considered in administering this program.
  333         Section 5. Paragraphs (a), (b), and (c) of subsection (2)
  334  of section 446.045, Florida Statutes, are amended to read:
  335         446.045 State Apprenticeship Advisory Council.—
  336         (2)(a) There is created a State Apprenticeship Advisory
  337  Council to be composed of 10 voting members appointed by the
  338  Governor and two ex officio nonvoting members. The purpose of
  339  the advisory council is to advise the department on matters
  340  relating to apprenticeship and preapprenticeship. The advisory
  341  council may not establish policy, adopt rules, or consider
  342  whether particular apprenticeship or preapprenticeship programs
  343  should be approved by the department.
  344         (b) The Commissioner of Education or the commissioner’s
  345  designee shall serve ex officio as chair of the State
  346  Apprenticeship Advisory Council, but may not vote. A
  347  representative The state director of the Office of
  348  Apprenticeship of the United States Department of Labor shall
  349  serve ex officio as a nonvoting member of the council. The
  350  Governor shall appoint to the council four members representing
  351  employee organizations and four members representing employer
  352  organizations. Each of these eight members shall represent
  353  industries that have registered apprenticeship programs. The
  354  Governor shall also appoint two public members who are
  355  knowledgeable about registered apprenticeship and apprenticeable
  356  occupations and who are independent of any joint or nonjoint
  357  organization. Members shall be appointed for 4-year staggered
  358  terms. The Governor A vacancy shall fill any vacancy be filled
  359  for the remainder of the unexpired term.
  360         (c) The council shall meet at the call of the chair or the
  361  chair’s designee or at the request of a majority of its voting
  362  membership, but at least twice a year. A majority of the voting
  363  members shall constitute a quorum, and the affirmative vote of a
  364  majority of a quorum is necessary to take action.
  365         Section 6. Section 446.051, Florida Statutes, is amended to
  366  read:
  367         446.051 Related instruction for apprentices.—
  368         (1) The administration and supervision of related and
  369  supplemental instruction for apprentices, the coordination of
  370  such instruction with job experiences, and the selection and
  371  training of teachers, instructors, and coordinators for such
  372  instruction, all as approved by the department registered
  373  program sponsor, are shall be the responsibility of the
  374  apprenticeship and preapprenticeship program sponsors
  375  appropriate career education institution.
  376         (2) District school boards and postsecondary educational
  377  institutions are The appropriate career education institution
  378  shall be encouraged to cooperate with and assist in providing to
  379  any registered program sponsor facilities, equipment and
  380  supplies, and instructors’ salaries for the performance of
  381  related and supplemental instruction associated with the
  382  apprenticeship or preapprenticeship registered program.
  383         Section 7. Subsections (1), (2), and (3) of section
  384  446.052, Florida Statutes, are amended to read:
  385         446.052 Preapprenticeship program.—
  386         (1) There is created and established a preapprenticeship
  387  education program, as defined in s. 446.021.
  388         (2) The department, under regulations established by the
  389  State Board of Education, may administer the provisions of ss.
  390  446.011-446.092 which relate to preapprenticeship programs in
  391  cooperation with district school boards and Florida College
  392  System institution boards of trustees. District school boards,
  393  postsecondary educational institutions Florida College System
  394  institution boards of trustees, and registered program sponsors
  395  are encouraged to shall cooperate in developing and establishing
  396  programs that include career instruction and general education
  397  courses required to obtain a high school diploma.
  398         (3) The department, the district school boards, and
  399  postsecondary educational institutions the Florida College
  400  System institution boards of trustees shall work together with
  401  existing registered apprenticeship programs in order that
  402  individuals completing the preapprenticeship programs may be
  403  able to receive credit toward towards completing a registered
  404  apprenticeship program. In addition, postsecondary educational
  405  institutions are encouraged to work together with existing
  406  associate of science programs, associate of applied science
  407  programs, career certification programs, or degree programs to
  408  ensure that individuals completing a registered apprenticeship
  409  program may be able to receive college credit toward a technical
  410  degree.
  411         Section 8. Section 446.071, Florida Statutes, is amended to
  412  read:
  413         446.071 Apprenticeship sponsors.—
  414         (1) One or more local apprenticeship sponsors must shall be
  415  approved in any apprenticeable occupation trade or multiple
  416  apprenticeable occupations group of trades by the department,
  417  upon a determination of need, if the apprenticeship sponsor
  418  meets all of the uniform minimum standards established by the
  419  department. The term “need” refers to the need of state
  420  residents for apprenticeship training. In the absence of proof
  421  to the contrary, it shall be presumed that there is need for
  422  apprenticeship and preapprenticeship training in each county in
  423  this state.
  424         (2) An A local apprenticeship sponsor may be a committee, a
  425  group of employers, an employer, or a group of employees, an
  426  educational institution, a local workforce board, a community or
  427  faith-based organization, or any entity preapproved by the
  428  department as being in accordance with the requirements of this
  429  chapter combination thereof.
  430         (3) The department may grant a variance from the uniform
  431  minimum standards upon a showing of good cause for the variance
  432  by program sponsors in nonconstruction trades. The purpose of
  433  this subsection is to recognize the unique and varying training
  434  requirements in nontraditional apprenticeable occupations and to
  435  authorize the department to adapt the standards to the needs of
  436  the programs.
  437         Section 9. Subsection (4) of section 446.081, Florida
  438  Statutes, is amended to read:
  439         446.081 Limitation.—
  440         (4) Nothing in ss. 446.011-446.092 or in any rules adopted
  441  or contained in any approved apprentice agreement under such
  442  sections invalidates any special provision for veterans,
  443  minority persons, or women in the standards, qualifications, or
  444  operation of the apprenticeship program which is not otherwise
  445  prohibited by any applicable general law, executive order, rule,
  446  or regulation.
  447         Section 10. Section 446.091, Florida Statutes, is repealed.
  448         Section 11. Section 446.092, Florida Statutes, is amended
  449  to read:
  450         446.092 Criteria for apprenticeship occupations.—At a
  451  minimum, an apprenticeable occupation must possess is a skilled
  452  trade which possesses all of the following characteristics:
  453         (1) It is customarily learned in a practical way through a
  454  structured, systematic program of on-the-job, supervised
  455  training.
  456         (2) It is clearly identified and commonly recognized
  457  throughout an industry.
  458         (3) It involves manual, mechanical, or technical skills and
  459  knowledge which, in accordance with the industry standards for
  460  the occupation, require would require a minimum of 2,000 hours
  461  of on-the-job training, which hours are excluded from the time
  462  spent at related technical or supplementary instruction.
  463         (4) It requires related technical instruction to supplement
  464  on-the-job training. Such instruction may be given in a
  465  classroom, through occupational or industrial courses or
  466  correspondence courses of equivalent value, through electronic
  467  media, or through other forms of self-study approved by the
  468  department.
  469         Section 12. Section 446.54, Florida Statutes, is created to
  470  read:
  471         446.54 Work-based learning.—
  472         (1)It is the intent of the Legislature that, to the extent
  473  possible, school districts place students in paid work
  474  experiences, including apprenticeships and preapprenticeships,
  475  for purposes of educational training and work-based learning.
  476         (2)For purposes of this section, “work-based learning”
  477  includes “on-the-job training” as defined in s. 446.021 and
  478  means sustained interactions with industry or community
  479  professionals in off-campus workplace settings that foster in
  480  depth firsthand engagement with the tasks required in a given
  481  career or field and are aligned to curriculum and instruction.
  482         (3)(a)A student in grades 6 through 12 who is enrolled in
  483  a course identified in the Course Code Directory which
  484  incorporates a work-based learning component or an activity that
  485  is unpaid and who suffers a work-related injury in the course of
  486  his or her enrollment is deemed to be an employee of the state
  487  for purposes of workers’ compensation coverage. Such coverage
  488  applies only to medically necessary care rendered as a direct
  489  result of that injury.
  490         (b)An individual 18 years of age or younger who is
  491  enrolled in a preapprenticeship program as defined in s. 446.021
  492  which requires work-based learning and who suffers a work
  493  related injury in the course of his or her enrollment is deemed
  494  to be an employee of the state for purposes of workers’
  495  compensation coverage. Such coverage applies only to medically
  496  necessary care rendered as a direct result of that injury.
  497         Section 13. Subsection (17) is added to section 1003.01,
  498  Florida Statutes, to read:
  499         1003.01 Definitions.—As used in this chapter, the term:
  500         (17) “Work-based learning” means sustained interactions
  501  with industry or community professionals in workplace settings,
  502  to the extent practicable, or simulated environments that foster
  503  in-depth, firsthand engagement with the tasks required in a
  504  given career field, that align with curriculum and instruction,
  505  and that are provided in partnership with an educational
  506  institution. Work-based learning may be paid or unpaid and may
  507  be delivered in a stand-alone, work-based learning course that
  508  results in high school credit or may be a component of an
  509  existing course which may use the cooperative method of
  510  instruction as defined in s. 1004.02(27).
  511         Section 14. Subsection (6) is added to section 1003.491,
  512  Florida Statutes, to read:
  513         1003.491 Florida Career and Professional Education Act.—The
  514  Florida Career and Professional Education Act is created to
  515  provide a statewide planning partnership between the business
  516  and education communities in order to attract, expand, and
  517  retain targeted, high-value industry and to sustain a strong,
  518  knowledge-based economy.
  519         (6) The Department of Education may adopt rules to
  520  administer this section.
  521         Section 15. Subsection (27) is added to section 1004.02,
  522  Florida Statutes, to read:
  523         1004.02 Definitions.—As used in this chapter:
  524         (27) “Cooperative method of instruction” means an
  525  instructional methodology that provides students enrolled in
  526  career education programs an opportunity to extend their
  527  employment preparation beyond the classroom through
  528  participation in concurrent career education instruction through
  529  regularly scheduled on-the-job training experiences.
  530         Section 16. Present subsections (3) through (8) of section
  531  1007.23, Florida Statutes, are redesignated as subsections (4)
  532  through (9), respectively, and a new subsection (3) is added to
  533  that section, to read:
  534         1007.23 Statewide articulation agreement.—
  535         (3) To facilitate seamless transfer of credits, reduce
  536  excess credit hours, and ensure that students are taking the
  537  courses needed for their future careers, the articulation
  538  agreement must establish three mathematics pathways for students
  539  by aligning mathematics courses to programs, meta-majors, and
  540  careers. A representative committee of State University System,
  541  career centers established under s. 1001.44, and Florida College
  542  System faculty shall collaborate to identify the three
  543  mathematics pathways and the mathematics course sequence within
  544  each pathway which align to the mathematics skills needed for
  545  success in the corresponding academic programs and careers.
  546         Section 17. Subsection (1) and paragraph (a) of subsection
  547  (2) of section 1007.263, Florida Statutes, are amended to read:
  548         1007.263 Florida College System institutions; admissions of
  549  students.—Each Florida College System institution board of
  550  trustees is authorized to adopt rules governing admissions of
  551  students subject to this section and rules of the State Board of
  552  Education. These rules shall include the following:
  553         (1) Admissions counseling shall be provided to all students
  554  entering college or career credit programs. For students who are
  555  not otherwise exempt from testing under s. 1008.30, counseling
  556  must use the tests or alternative methods established by the
  557  State Board of Education pursuant to s. 1008.30 to measure
  558  achievement of college-level communication and computation
  559  competencies by students entering college credit programs or
  560  tests to measure achievement of basic skills for career
  561  education programs as prescribed in s. 1004.91. Counseling must
  562  measure achievement of basic skills for career education
  563  programs under s. 1004.91 and include includes providing
  564  developmental education options for students whose assessment
  565  results, determined under s. 1008.30, indicate that they need to
  566  improve communication or computation skills that are essential
  567  to perform college-level work.
  568         (2) Admission to associate degree programs is subject to
  569  minimum standards adopted by the State Board of Education and
  570  shall require:
  571         (a) A standard high school diploma;, a State of Florida
  572  high school equivalency diploma awarded under s. 1003.435(2); a
  573  high school equivalency diploma issued by another state which is
  574  recognized as equivalent by State Board of Education rule and is
  575  based on an assessment recognized by the United States
  576  Department of Education; as prescribed in s. 1003.435,
  577  previously demonstrated competency in college credit
  578  postsecondary coursework;, or, in the case of a student who is
  579  home educated, a signed affidavit submitted by the student’s
  580  parent or legal guardian attesting that the student has
  581  completed a home education program pursuant to the requirements
  582  of s. 1002.41. Students who are enrolled in a dual enrollment or
  583  early admission program pursuant to s. 1007.271 are exempt from
  584  this requirement.
  585  
  586  Each board of trustees shall establish policies that notify
  587  students about developmental education options for improving
  588  their communication or computation skills that are essential to
  589  performing college-level work, including tutoring, extended time
  590  in gateway courses, free online courses, adult basic education,
  591  adult secondary education, or private provider instruction.
  592         Section 18. Subsection (3) and paragraph (b) of subsection
  593  (13) of section 1007.271, Florida Statutes, are amended to read:
  594         1007.271 Dual enrollment programs.—
  595         (3) Student eligibility requirements for initial enrollment
  596  in college credit dual enrollment courses must include a 3.0
  597  unweighted high school grade point average and a demonstrated
  598  level of achievement of college-level communication and
  599  computation skills as provided under s. 1008.30(1) or (2) the
  600  minimum score on a common placement test adopted by the State
  601  Board of Education which indicates that the student is ready for
  602  college-level coursework. Student eligibility requirements for
  603  continued enrollment in college credit dual enrollment courses
  604  must include the maintenance of a 3.0 unweighted high school
  605  grade point average and the minimum postsecondary grade point
  606  average established by the postsecondary institution. Regardless
  607  of meeting student eligibility requirements for continued
  608  enrollment, a student may lose the opportunity to participate in
  609  a dual enrollment course if the student is disruptive to the
  610  learning process such that the progress of other students or the
  611  efficient administration of the course is hindered. Student
  612  eligibility requirements for initial and continued enrollment in
  613  career certificate dual enrollment courses must include a 2.0
  614  unweighted high school grade point average. Exceptions to the
  615  required grade point averages may be granted on an individual
  616  student basis if the educational entities agree and the terms of
  617  the agreement are contained within the dual enrollment
  618  articulation agreement established pursuant to subsection (21).
  619  Florida College System institution boards of trustees may
  620  establish additional initial student eligibility requirements,
  621  which shall be included in the dual enrollment articulation
  622  agreement, to ensure student readiness for postsecondary
  623  instruction. Additional requirements included in the agreement
  624  may not arbitrarily prohibit students who have demonstrated the
  625  ability to master advanced courses from participating in dual
  626  enrollment courses or limit the number of dual enrollment
  627  courses in which a student may enroll based solely upon
  628  enrollment by the student at an independent postsecondary
  629  institution.
  630         (13)
  631         (b) Each public postsecondary institution eligible to
  632  participate in the dual enrollment program pursuant to s.
  633  1011.62(1)(i) must enter into a home education articulation
  634  agreement with each home education student seeking enrollment in
  635  a dual enrollment course and the student’s parent. By August 1
  636  of each year, the eligible postsecondary institution shall
  637  complete and submit the home education articulation agreement to
  638  the Department of Education. The home education articulation
  639  agreement must include, at a minimum:
  640         1. A delineation of courses and programs available to
  641  dually enrolled home education students. Courses and programs
  642  may be added, revised, or deleted at any time by the
  643  postsecondary institution. Any course or program limitations may
  644  not exceed the limitations for other dually enrolled students.
  645         2. The initial and continued eligibility requirements for
  646  home education student participation, not to exceed those
  647  required of other dually enrolled students. A high school grade
  648  point average may not be required for home education students
  649  who demonstrate achievement of college-level communication and
  650  computation skills as provided under s. 1008.30(1) or (2) meet
  651  the minimum score on a common placement test adopted by the
  652  State Board of Education which indicates that the student is
  653  ready for college-level coursework; however, home education
  654  student eligibility requirements for continued enrollment in
  655  dual enrollment courses must include the maintenance of the
  656  minimum postsecondary grade point average established by the
  657  postsecondary institution.
  658         3. The student’s responsibilities for providing his or her
  659  own transportation.
  660         4. A copy of the statement on transfer guarantees developed
  661  by the Department of Education under subsection (15).
  662         Section 19. Section 1008.30, Florida Statutes, is amended
  663  to read:
  664         1008.30 Common placement testing for public postsecondary
  665  education.—
  666         (1) The State Board of Education, in conjunction with the
  667  Board of Governors, shall develop and implement a common
  668  placement test for the purpose of assessing the basic
  669  computation and communication skills of students who intend to
  670  enter a degree program at any public postsecondary educational
  671  institution. Alternative assessments that may be accepted in
  672  lieu of the common placement test shall also be identified in
  673  rule. Public postsecondary educational institutions shall
  674  provide appropriate modifications of the test instruments or
  675  test procedures for students with disabilities.
  676         (2) By January 31, 2022, the State Board of Education shall
  677  adopt rules to develop and implement alternative methods for
  678  assessing the basic computation and communication skills of
  679  students who intend to enter a degree program at a Florida
  680  College System institution. Florida College System institutions
  681  may use these alternative methods in lieu of common placement
  682  tests as described in subsection (1) to assess student readiness
  683  for college-level work in computation and communication The
  684  common placement testing program shall include the capacity to
  685  diagnose basic competencies in the areas of English, reading,
  686  and mathematics which are essential for success in meta-majors
  687  and to provide test information to students on the specific
  688  skills the student needs to attain.
  689         (3) By October 31, 2013, the State Board of Education shall
  690  establish by rule the test scores a student must achieve to
  691  demonstrate readiness to perform college-level work, and The
  692  rules required by subsection (2) must specify the following:
  693         (a) A student who entered 9th grade in a Florida public
  694  school in the 2003-2004 school year, or any year thereafter, and
  695  earned a Florida standard high school diploma or a student who
  696  is serving as an active duty member of any branch of the United
  697  States Armed Services shall not be required to be assessed for
  698  readiness for college-level work in computation and
  699  communication take the common placement test and shall not be
  700  required to enroll in developmental education instruction in a
  701  Florida College System institution. However, a student who is
  702  not required to be assessed for readiness for college-level work
  703  in computation and communication take the common placement test
  704  and is not required to enroll in developmental education under
  705  this paragraph may opt to be assessed and to enroll in
  706  developmental education instruction, and the college shall
  707  provide such assessment and instruction upon the student’s
  708  request.
  709         (b) A student who is assessed for readiness for college
  710  level computation and communication and whose assessment results
  711  indicate takes the common placement test and whose score on the
  712  test indicates a need for developmental education must be
  713  advised of all the developmental education options offered at
  714  the institution and, after advisement, shall be allowed to
  715  enroll in the developmental education option of his or her
  716  choice.
  717         (c) A student who demonstrates readiness by achieving or
  718  exceeding the test scores established by the state board and
  719  enrolls in a Florida College System institution within 2 years
  720  after achieving such scores shall not be required to retest or
  721  complete developmental education when admitted to any Florida
  722  College System institution.
  723         (4)(a)By December 31, 2013, the State Board of Education,
  724  in consultation with the Board of Governors, shall approve a
  725  series of meta-majors and the academic pathways that identify
  726  the gateway courses associated with each meta-major. Florida
  727  College System institutions shall use placement test results to
  728  determine the extent to which each student demonstrates
  729  sufficient communication and computation skills to indicate
  730  readiness for his or her chosen meta-major. Florida College
  731  System institutions shall counsel students into college credit
  732  courses as quickly as possible, with developmental education
  733  limited to that content needed for success in the meta-major.
  734         (5)(a) Each Florida College System institution board of
  735  trustees shall develop a plan to implement the developmental
  736  education strategies defined in s. 1008.02 and rules established
  737  by the State Board of Education. The plan must be submitted to
  738  the Chancellor of the Florida College System for approval no
  739  later than March 1, 2014, for implementation no later than the
  740  fall semester 2014. Each plan must include, at a minimum, local
  741  policies that outline:
  742         1. Documented student achievements such as grade point
  743  averages, work history, military experience, participation in
  744  juried competitions, career interests, degree major declaration,
  745  or any combination of such achievements that the institution may
  746  consider, in addition to common placement test scores, for
  747  advising students regarding enrollment options.
  748         2. Developmental education strategies available to
  749  students.
  750         3. A description of student costs and financial aid
  751  opportunities associated with each option.
  752         4. Provisions for the collection of student success data.
  753         5. A comprehensive plan for advising students into
  754  appropriate developmental education strategies based on student
  755  success data.
  756         (b) Beginning October 31, 2015, Each Florida College System
  757  institution shall use placement test results or alternative
  758  methods as established by the State Board of Education to
  759  determine the extent to which each student demonstrates
  760  sufficient computation and communication skills to indicate
  761  readiness for his or her chosen meta-major. Florida College
  762  System institutions shall counsel students into college credit
  763  courses as quickly as possible, with developmental education
  764  limited to that content needed for success in the meta-major
  765  annually prepare an accountability report that includes student
  766  success data relating to each developmental education strategy
  767  implemented by the institution. The report shall be submitted to
  768  the Division of Florida Colleges by October 31 in a format
  769  determined by the Chancellor of the Florida College System. By
  770  December 31, the chancellor shall compile and submit the
  771  institutional reports to the Governor, the President of the
  772  Senate, the Speaker of the House of Representatives, and the
  773  State Board of Education.
  774         (c) A university board of trustees may contract with a
  775  Florida College System institution board of trustees for the
  776  Florida College System institution to provide developmental
  777  education on the state university campus. Any state university
  778  in which the percentage of incoming students requiring
  779  developmental education equals or exceeds the average percentage
  780  of such students for the Florida College System may offer
  781  developmental education without contracting with a Florida
  782  College System institution; however, any state university
  783  offering college-preparatory instruction as of January 1, 1996,
  784  may continue to provide developmental education instruction as
  785  defined in s. 1008.02(1).
  786         (5)(6) A student may not be enrolled in a college credit
  787  mathematics or English course on a dual enrollment basis unless
  788  the student has demonstrated adequate precollegiate preparation
  789  in on the section of the basic computation and communication
  790  skills assessment required pursuant to subsection (1) that is
  791  appropriate for successful student participation in the course.
  792         Section 20. Paragraph (a) of subsection (1) and paragraph
  793  (b) of subsection (4) of section 1008.44, Florida Statutes, are
  794  amended, and paragraph (f) is added to subsection (1) of that
  795  section, to read:
  796         1008.44 CAPE Industry Certification Funding List and CAPE
  797  Postsecondary Industry Certification Funding List.—
  798         (1) Pursuant to ss. 1003.4203 and 1003.492, the Department
  799  of Education shall, at least annually, identify, under rules
  800  adopted by the State Board of Education, and the Commissioner of
  801  Education may at any time recommend adding the following
  802  certificates, certifications, and courses:
  803         (a) CAPE industry certifications identified on the CAPE
  804  Industry Certification Funding List that must be applied in the
  805  distribution of funding to school districts pursuant to s.
  806  1011.62(1)(o). The CAPE Industry Certification Funding List
  807  shall incorporate by reference the industry certifications on
  808  the career pathways list approved for the Florida Gold Seal CAPE
  809  Vocational Scholars award. In addition, by August 1 of each
  810  year, the not-for-profit corporation established pursuant to s.
  811  445.004 may annually select one industry certification, that
  812  does not articulate for college credit, for inclusion on the
  813  CAPE Industry Certification Funding List for a period of 3 years
  814  unless otherwise approved by the curriculum review committee
  815  pursuant to s. 1003.491. Such industry certifications, if earned
  816  by a student, shall be eligible for additional full-time
  817  equivalent membership, pursuant to s. 1011.62(1)(o)1.
  818         (f) Industry certifications leading to occupations in
  819  critical industry sectors which, if earned by a student, are
  820  eligible for additional full-time equivalent student membership
  821  pursuant to s. 1011.62(1)(o)1.e.
  822         (4)
  823         (b) For the purpose of calculating additional full-time
  824  equivalent membership pursuant to s. 1011.62(1)(o)1.e., the
  825  Commissioner of Education may limit CAPE industry certifications
  826  and CAPE Digital Tool certificates to students in certain grades
  827  based on formal recommendations by providers of CAPE industry
  828  certifications and CAPE Digital Tool certificates.
  829         Section 21. Paragraphs (b) and (f) of subsection (1) of
  830  section 1009.25, Florida Statutes, are amended to read:
  831         1009.25 Fee exemptions.—
  832         (1) The following students are exempt from the payment of
  833  tuition and fees, including lab fees, at a school district that
  834  provides workforce education programs, Florida College System
  835  institution, or state university:
  836         (b) A student enrolled in an approved apprenticeship
  837  program, as defined in s. 446.021. A technical center operated
  838  by a school district, a Florida College System institution, or a
  839  state university may enter into an agreement with another entity
  840  to cover the approved apprenticeship program student tuition and
  841  fees, including lab fees.
  842         (f) A student who lacks a fixed, regular, and adequate
  843  nighttime residence or whose primary nighttime residence is a
  844  public or private shelter designed to provide temporary
  845  residence, a public or private transitional living program, or a
  846  public or private place not designed for, or ordinarily used as,
  847  a regular sleeping accommodation for human beings. This includes
  848  a student who would otherwise meet the requirements of this
  849  paragraph, as determined by a college or university, but for his
  850  or her residence in college or university dormitory housing. The
  851  State Board of Education may adopt rules and the Board of
  852  Governors may adopt regulations regarding documentation and
  853  procedures to implement this paragraph.
  854         Section 22. Paragraph (o) of subsection (1) of section
  855  1011.62, Florida Statutes, is amended to read:
  856         1011.62 Funds for operation of schools.—If the annual
  857  allocation from the Florida Education Finance Program to each
  858  district for operation of schools is not determined in the
  859  annual appropriations act or the substantive bill implementing
  860  the annual appropriations act, it shall be determined as
  861  follows:
  862         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  863  OPERATION.—The following procedure shall be followed in
  864  determining the annual allocation to each district for
  865  operation:
  866         (o) Calculation of additional full-time equivalent
  867  membership based on successful completion of a career-themed
  868  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
  869  courses with embedded CAPE industry certifications or CAPE
  870  Digital Tool certificates, and issuance of industry
  871  certification identified on the CAPE Industry Certification
  872  Funding List pursuant to rules adopted by the State Board of
  873  Education or CAPE Digital Tool certificates pursuant to s.
  874  1003.4203.—
  875         1.a. A value of 0.025 full-time equivalent student
  876  membership shall be calculated for CAPE Digital Tool
  877  certificates earned by students in elementary and middle school
  878  grades.
  879         b. A value of 0.1 or 0.2 full-time equivalent student
  880  membership shall be calculated for each student who completes a
  881  course as defined in s. 1003.493(1)(b) or courses with embedded
  882  CAPE industry certifications and who is issued an industry
  883  certification identified annually on the CAPE Industry
  884  Certification Funding List approved under rules adopted by the
  885  State Board of Education. For a CAPE industry certification that
  886  has a statewide articulation agreement for 4 to 14 college
  887  credits and for a CAPE industry certification that has a
  888  statewide articulation agreement for 1 to 3 college credits and
  889  that is deemed by the department to be of sufficient rigor and
  890  to be linked to a high-skill occupation, a value of 0.2 full
  891  time equivalent membership shall be calculated. For all other
  892  CAPE industry certifications with a statewide articulation
  893  agreement for 1 to 3 college credits, a value of 0.1 full-time
  894  equivalent membership shall be calculated A value of 0.2 full
  895  time equivalent membership shall be calculated for each student
  896  who is issued a CAPE industry certification that has a statewide
  897  articulation agreement for college credit approved by the State
  898  Board of Education. For CAPE industry certifications that do not
  899  articulate for college credit, the Department of Education shall
  900  calculate assign a full-time equivalent value of 0.1 for each
  901  certification. Middle grades students who earn additional FTE
  902  membership for a CAPE Digital Tool certificate pursuant to sub
  903  subparagraph a. may not use the previously funded examination to
  904  satisfy the requirements for earning an industry certification
  905  under this sub-subparagraph. Additional FTE membership for an
  906  elementary or middle grades student may not exceed 0.1 for
  907  certificates or certifications earned within the same fiscal
  908  year. The State Board of Education shall include the assigned
  909  values on the CAPE Industry Certification Funding List under
  910  rules adopted by the state board. Such value shall be added to
  911  the total full-time equivalent student membership for grades 6
  912  through 12 in the subsequent year. CAPE industry certifications
  913  earned through dual enrollment must be reported and funded
  914  pursuant to s. 1011.80. However, if a student earns a
  915  certification through a dual enrollment course and the
  916  certification is not a fundable certification on the
  917  postsecondary certification funding list, or the dual enrollment
  918  certification is earned as a result of an agreement between a
  919  school district and a nonpublic postsecondary institution, the
  920  bonus value shall be funded in the same manner as other nondual
  921  enrollment course industry certifications. In such cases, the
  922  school district may provide for an agreement between the high
  923  school and the technical center, or the school district and the
  924  postsecondary institution may enter into an agreement for
  925  equitable distribution of the bonus funds.
  926         c. A value of 0.3 full-time equivalent student membership
  927  shall be calculated for student completion of the courses and
  928  the embedded certifications identified on the CAPE Industry
  929  Certification Funding List and approved by the commissioner
  930  pursuant to ss. 1003.4203(5)(a) and 1008.44.
  931         d. A value of 0.5 full-time equivalent student membership
  932  shall be calculated for CAPE Acceleration Industry
  933  Certifications that articulate for 15 to 29 college credit
  934  hours, and 1.0 full-time equivalent student membership shall be
  935  calculated for CAPE Acceleration Industry Certifications that
  936  articulate for 30 or more college credit hours pursuant to CAPE
  937  Acceleration Industry Certifications approved by the
  938  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
  939         e.In addition to the full-time equivalent student
  940  membership calculated under paragraphs (a)-(d), a supplemental
  941  value of 0.2 full-time equivalent student membership shall be
  942  calculated for industry certifications identified on the CAPE
  943  Industry Certification Funding List as leading to employment in
  944  occupations in critical industry sectors.
  945         2. Each district must allocate at least 80 percent of the
  946  funds provided for CAPE industry certification, in accordance
  947  with this paragraph, to the program that generated the funds.
  948  The remaining 20 percent may be used for other CAPE program
  949  expenses, such as administrative costs and new industry
  950  certification programs; however, administrative costs may not
  951  exceed 5 percent of the total funds provided for CAPE industry
  952  certification. Funds provided for CAPE industry certification
  953  may not be used for any other purpose and, specifically, This
  954  allocation may not be used to supplant funds provided for basic
  955  operation of the program, such as teacher salaries and other
  956  costs that are funded for other courses with non-CAPE funds.
  957         3. For CAPE industry certifications earned in the 2013-2014
  958  school year and in subsequent years, the school district shall
  959  distribute to each classroom teacher who provided direct
  960  instruction toward the attainment of a CAPE industry
  961  certification that qualified for additional full-time equivalent
  962  membership under subparagraph 1.:
  963         a. A bonus of $25 for each student taught by a teacher who
  964  provided instruction in a course that led to the attainment of a
  965  CAPE industry certification on the CAPE Industry Certification
  966  Funding List with a weight of 0.1.
  967         b. A bonus of $50 for each student taught by a teacher who
  968  provided instruction in a course that led to the attainment of a
  969  CAPE industry certification on the CAPE Industry Certification
  970  Funding List with a weight of 0.2.
  971         c. A bonus of $75 for each student taught by a teacher who
  972  provided instruction in a course that led to the attainment of a
  973  CAPE industry certification on the CAPE Industry Certification
  974  Funding List with a weight of 0.3.
  975         d. A bonus of $100 for each student taught by a teacher who
  976  provided instruction in a course that led to the attainment of a
  977  CAPE industry certification on the CAPE Industry Certification
  978  Funding List with a weight of 0.5 or 1.0.
  979  
  980  Bonuses awarded pursuant to this paragraph must shall be
  981  provided to teachers who are employed by the district in the
  982  year in which the additional FTE membership calculation is
  983  included in the calculation. Bonuses shall be calculated based
  984  upon the associated weight of a CAPE industry certification on
  985  the CAPE Industry Certification Funding List for the year in
  986  which the certification is earned by the student. Any bonus
  987  awarded to a teacher pursuant to this paragraph is in addition
  988  to any regular wage or other bonus the teacher received or is
  989  scheduled to receive. A bonus may not be awarded to a teacher
  990  who fails to maintain the security of any CAPE industry
  991  certification examination or who otherwise violates the security
  992  or administration protocol of any assessment instrument that may
  993  result in a bonus being awarded to the teacher under this
  994  paragraph.
  995         Section 23. Paragraph (b) of subsection (7) and paragraph
  996  (a) of subsection (8) of section 1011.80, Florida Statutes, are
  997  amended to read:
  998         1011.80 Funds for operation of workforce education
  999  programs.—
 1000         (7)
 1001         (b) Performance funding for industry certifications for
 1002  school district workforce education programs is contingent upon
 1003  specific appropriation in the General Appropriations Act and
 1004  shall be determined as follows:
 1005         1. Occupational areas for which industry certifications may
 1006  be earned, as established in the General Appropriations Act, are
 1007  eligible for performance funding. Priority shall be given to the
 1008  occupational areas emphasized in state, national, or corporate
 1009  grants provided to Florida educational institutions.
 1010         2. The Chancellor of Career and Adult Education shall
 1011  identify the industry certifications eligible for funding on the
 1012  CAPE Postsecondary Industry Certification Funding List approved
 1013  by the State Board of Education pursuant to s. 1008.44, based on
 1014  the occupational areas specified in the General Appropriations
 1015  Act.
 1016         3.a.Except as provided in sub-subparagraph b., each school
 1017  district shall be provided $1,000 for each industry
 1018  certification earned by a workforce education student. If funds
 1019  are insufficient to fully fund the calculated total award, such
 1020  funds shall be prorated.
 1021         b.For each industry certification earned by a workforce
 1022  education student which is identified as leading to employment
 1023  in occupations in critical industry sectors, each school
 1024  district shall be provided a total of $3,000. If funds are
 1025  insufficient to fully fund the calculated total award, such
 1026  funds shall be prorated.
 1027         (8)(a) A school district or Florida College System
 1028  institution that receives workforce education funds must use the
 1029  money to benefit the workforce education programs it provides.
 1030  The money may be used for equipment upgrades, program
 1031  expansions, or any other use that would result in workforce
 1032  education program improvement. The district school board or
 1033  Florida College System institution board of trustees may not
 1034  withhold any portion of the performance funding for indirect
 1035  costs. A district school board or Florida College System
 1036  institution board of trustees that receives workforce
 1037  performance funding must use at least 70 percent of the funds
 1038  received to directly support the program that generated the
 1039  funds.
 1040         Section 24. Present subsection (4) of section 1011.802,
 1041  Florida Statutes, is redesignated as subsection (5), a new
 1042  subsection (4) is added to that section, and subsection (3) of
 1043  that section is amended, to read:
 1044         1011.802 Florida Pathways to Career Opportunities Grant
 1045  Program.—
 1046         (3) The department shall give priority to apprenticeship
 1047  programs with demonstrated regional demand. Grant funds may be
 1048  used for instructional equipment, supplies, instructional
 1049  personnel, student services, and other expenses associated with
 1050  the creation or expansion of an apprenticeship program. Grant
 1051  funds may not be used for recurring instructional costs or for
 1052  indirect costs. Grant recipients must submit quarterly reports
 1053  in a format prescribed by the department.
 1054         (4) Up to $200,000 of the total amount allocated may be
 1055  used by the department to administer the grant program.
 1056         Section 25. Paragraph (c) of subsection (2) of section
 1057  1011.81, Florida Statutes, is amended to read:
 1058         1011.81 Florida College System Program Fund.—
 1059         (2) Performance funding for industry certifications for
 1060  Florida College System institutions is contingent upon specific
 1061  appropriation in the General Appropriations Act and shall be
 1062  determined as follows:
 1063         (c)1.Except as provided in subparagraph 2., each Florida
 1064  College System institution shall be provided $1,000 for each
 1065  industry certification earned by a student. If funds are
 1066  insufficient to fully fund the calculated total award, such
 1067  funds shall be prorated.
 1068         2.For each industry certification earned by a workforce
 1069  education student which is identified as leading to employment
 1070  in occupations in critical industry sectors, each Florida
 1071  College System institution shall be provided a total of $3,000.
 1072  If funds are insufficient to fully fund the calculated total
 1073  award, such funds shall be prorated.
 1074         Section 26. This act shall take effect July 1, 2021.