Florida Senate - 2021 SB 98
By Senator Albritton
26-01507A-21 202198__
1 A bill to be entitled
2 An act relating to workforce related programs and
3 services; amending s. 216.136, F.S.; renaming the
4 Workforce Estimating Conference as the Labor Market
5 Estimating Conference; removing requirements for the
6 Workforce Estimating Conference; providing
7 requirements for the Labor Market Estimating
8 Conference; amending s. 445.002, F.S.; redefining the
9 term “for cause”; amending s. 445.004, F.S.; expanding
10 the membership of the state workforce development
11 board; specifying entities that can authorize certain
12 expenditures; providing and revising requirements for
13 the state board in order to achieve certain purposes;
14 requiring the state board, in consultation with the
15 department, to submit a report to the Governor and
16 Legislature; providing and revising reporting
17 requirements; requiring the state board to assign
18 letter grades to local workforce development boards;
19 requiring local performance accountability measures to
20 be based on identified local area needs; amending s.
21 445.007, F.S.; removing authority for a local board to
22 review a decision by the department to deny a
23 contract; requiring a local board to disclose certain
24 compensation information to the department; providing
25 term limits for local board members; providing an
26 exception; requiring actions of the local board to be
27 consistent with federal and state law; providing
28 requirements for certain contracts between a local
29 board and certain entities; providing an exception;
30 requiring the department to review certain
31 documentation when considering whether to approve a
32 contract; removing authority for a local board to
33 review a decision by the department to deny a
34 contract; requiring a local board to disclose certain
35 compensation information to the department; requiring
36 local boards to publish specified information;
37 requiring the department to review certain information
38 provided by a local board in reviewing contracts;
39 amending s. 445.009, F.S.; requiring a certain final
40 payment amount to Individual Training Accounts;
41 conforming provisions to changes made by the act;
42 amending s. 445.038, F.S.; conforming provisions to
43 changes made by the act; amending s. 446.021, F.S.;
44 revising the definition of the term “uniform minimum
45 preapprenticeship standards”; expanding the definition
46 to include apprenticeship programs; amending s.
47 446.032, F.S.; requiring certain standards and
48 policies established by the Department of Education to
49 include a specified requirement for training
50 providers; requiring, rather than authorizing, the
51 department to adopt rules; providing requirements for
52 a certain annual report; requiring the department to
53 provide data from certain resources to specified
54 persons and entities; amending s. 446.045, F.S.;
55 specifying that the Governor shall fill vacancies on
56 the State Apprenticeship Advisory Council for the
57 remainder of a term; amending s. 1003.4156, F.S.;
58 requiring a career and education planning course to
59 include certain resources; amending s. 1003.4203,
60 F.S.; specifying the sections under which the
61 Department of Education must identify certain CAPE
62 Digital Tool certificates; removing the deadline for
63 such identification; removing specified skills that
64 must be mastered; authorizing courses identified in
65 the CAPE Industry Certification Funding List to
66 articulate for college credit; removing the course
67 limit; amending s. 1003.491, F.S.; requiring certain
68 strategic plans to use labor projections identified by
69 the Labor Market Estimating Conference; amending s.
70 1003.4935, F.S.; requiring that middle grades career
71 and professional academies and career-themed courses
72 lead to careers in occupations aligned with the CAPE
73 Industry Certification Funding List; amending s.
74 1008.41, F.S.; adding the Labor Market Estimating
75 Conference as a source of workforce data; amending s.
76 1008.44, F.S.; requiring the Commissioner of Education
77 to conduct a review of the methodology used to
78 determine certain full-time equivalent membership
79 weights and, if necessary, recommend revised weights;
80 requiring that the recommendations be provided to the
81 Governor and the Legislature by a specified date;
82 amending s. 1011.801, F.S.; conforming a provision to
83 changes made by the act; amending s. 1011.802, F.S.;
84 requiring the department to prioritize programs
85 identified by the Labor Market Estimating Conference;
86 providing requirements for awards under the Florida
87 Pathways to Career Opportunities Grant Program;
88 amending s. 445.011, F.S.; conforming a cross
89 reference; amending s. 1011.80, F.S.; conforming a
90 provision to changes made by the act; providing an
91 effective date.
92
93 Be It Enacted by the Legislature of the State of Florida:
94
95 Section 1. Subsection (7) of section 216.136, Florida
96 Statutes, is amended to read:
97 216.136 Consensus estimating conferences; duties and
98 principals.—
99 (7) LABOR MARKET WORKFORCE ESTIMATING CONFERENCE.—
100 (a) The Labor Market Workforce Estimating Conference shall
101 develop such official information with respect to real-time
102 supply and demand in Florida’s statewide, regional, and local
103 labor markets on the workforce development system planning
104 process as it relates to the personnel needs of current, new,
105 and emerging industries as the conference determines is needed
106 by the state planning and budgeting system. Such information
107 must include labor supply by education level, analyses of labor
108 demand by occupational groups and occupations compared to labor
109 supply, a ranking of critical areas of concern, and
110 identification of in-demand, high-skill, high-wage occupations.
111 The Office of Economic and Demographic Research is designated as
112 the official lead for the United States Census Bureau’s State
113 Data Center Program or its successor. All state agencies must
114 provide the Office of Economic and Demographic Research with the
115 necessary data to accomplish the goals of the conference. In
116 accordance with s. 216.135, state agencies shall ensure that any
117 work product regarding labor demand and supply is consistent
118 with the official information developed by the Labor Market
119 Estimating Conference,using quantitative and qualitative
120 research methods, must include at least: short-term and long
121 term forecasts of employment demand for jobs by occupation and
122 industry; entry and average wage forecasts among those
123 occupations; and estimates of the supply of trained and
124 qualified individuals available or potentially available for
125 employment in those occupations, with special focus upon those
126 occupations and industries which require high skills and have
127 high entry wages and experienced wage levels. In the development
128 of workforce estimates, the conference shall use, to the fullest
129 extent possible, local occupational and workforce forecasts and
130 estimates.
131 (b) The Workforce Estimating Conference shall review data
132 concerning local and regional demands for short-term and long
133 term employment in High-Skills/High-Wage Program jobs, as well
134 as other jobs, which data is generated through surveys conducted
135 as part of the state’s Internet-based job matching and labor
136 market information system authorized under s. 445.011. The
137 conference shall consider this data in developing its forecasts
138 for statewide employment demand, including reviewing local and
139 regional data for common trends and conditions among localities
140 or regions which may warrant inclusion of a particular
141 occupation on the statewide occupational forecasting list
142 developed by the conference. Based upon its review of such
143 survey data, the conference shall also make recommendations
144 semiannually to CareerSource Florida, Inc., on additions or
145 deletions to lists of locally targeted occupations approved by
146 CareerSource Florida, Inc.
147 (c) The Labor Market Workforce Estimating Conference, for
148 the purposes described in paragraph (a), shall meet at least
149 twice a year for the purposes described in paragraph (a) no less
150 than 2 times in a calendar year. The first meeting shall be held
151 in February, and the second meeting shall be held in August.
152 Other meetings may be scheduled as needed.
153 Section 2. Subsection (2) of section 445.002, Florida
154 Statutes, is amended to read:
155 445.002 Definitions.—As used in this chapter, the term:
156 (2) “For cause” includes, but is not limited to, engaging
157 in fraud or other criminal acts, incapacity, unfitness, neglect
158 of duty, official incompetence and irresponsibility,
159 misfeasance, malfeasance, nonfeasance, gross mismanagement, or
160 lack of performance.
161 Section 3. Present subsections (8) through (13) of section
162 445.004, Florida Statutes, are redesignated as subsections (9)
163 through (14), respectively, a new subsection (8) is added to
164 that section, and paragraph (d) of subsection (3), subsections
165 (6) and (7), paragraph (b) of present subsection (9), and
166 present subsection (11) of that section are amended, to read:
167 445.004 CareerSource Florida, Inc., and the state board;
168 creation; purpose; membership; duties and powers.—
169 (3)
170 (d) The state board must include the vice chairperson of
171 the board of directors of Enterprise Florida, Inc., and one
172 member representing each of the Workforce Innovation and
173 Opportunity Act partners, including the Division of Career and
174 Adult Education, the Division of Vocational Rehabilitation, the
175 Department of Children and Families, and other entities
176 representing programs identified in the Workforce Innovation and
177 Opportunity Act, as determined necessary.
178 (6) The state board shall may take action that it deems
179 necessary to achieve the purposes of this section by, including,
180 but not limited to:
181 (a) Creating a state employment, education, and training
182 policy that ensures that workforce-related programs to prepare
183 workers are responsive to present and future business and
184 industry needs and complement the initiatives of Enterprise
185 Florida, Inc.
186 (b) Establishing policy direction for a uniform funding
187 system that prioritizes evidence-based, results-driven solutions
188 by providing provides incentives to improve the outcomes of
189 career education, registered apprenticeship, and work-based
190 learning programs and that focuses resources on occupations
191 related to new or emerging industries that add greatly to the
192 value of the state’s economy.
193 (c) Establishing a comprehensive policy related to the
194 education and training of target populations such as those who
195 have disabilities, are economically disadvantaged, receive
196 public assistance, are not proficient in English, or are
197 dislocated workers. This approach should ensure the effective
198 use of federal, state, local, and private resources in reducing
199 the need for public assistance by combining two or more sources
200 of funding to support workforce-related programs or activities
201 for vulnerable populations when appropriate or authorized.
202 (d) Identifying barriers to coordination and alignment
203 among workforce-related programs and activities and developing
204 solutions to remove such barriers Designating Institutes of
205 Applied Technology composed of public and private postsecondary
206 institutions working together with business and industry to
207 ensure that career education programs use the most advanced
208 technology and instructional methods available and respond to
209 the changing needs of business and industry.
210 (e) Providing policy direction for a system to project and
211 evaluate labor market supply and demand using the results of the
212 Labor Market Workforce Estimating Conference created in s.
213 216.136 and the career education performance standards
214 identified under s. 1008.43.
215 (f) Reviewing the performance of public programs that are
216 responsible for economic development, education, employment, and
217 training. The review must include an analysis of the return on
218 investment of these programs.
219 (g) Expanding the occupations identified by the Labor
220 Market Workforce Estimating Conference to meet needs created by
221 local emergencies or plant closings or to capture occupations
222 within emerging industries.
223 (7) By December 1 of each year, the state board, in
224 consultation with the department, shall submit to the Governor,
225 the President of the Senate, the Speaker of the House of
226 Representatives, the Senate Minority Leader, and the House
227 Minority Leader a complete and detailed annual report setting
228 forth:
229 (a) All audits and investigations, including any audit or
230 investigation conducted under subsection (9) (8).
231 (b) The operations and accomplishments of the state board,
232 including the programs or entities specified in subsection (6).
233 (c) The number of mandatory partners located within one
234 stop centers.
235 (d) The amount of progress made toward implementing
236 solutions to address barriers to coordination and alignment
237 among programs and activities identified under paragraph (6)(d).
238 (8) Beginning July 1, 2022, the state board shall annually
239 assign a letter grade for each local workforce development
240 board.
241 (10)(9) The state board, in collaboration with the local
242 workforce development boards and appropriate state agencies and
243 local public and private service providers, shall establish
244 uniform performance accountability measures that apply across
245 the core programs to gauge the performance of the state and
246 local workforce development boards in achieving the workforce
247 development strategy.
248 (b) The performance accountability measures for each local
249 area consist of the primary indicators of performance, any
250 additional indicators of performance, and a local level of
251 performance for each indicator pursuant to Pub. L. No. 113-128.
252 The local level of performance is determined by the local board,
253 the chief elected official, and the Governor pursuant to Pub. L.
254 No. 113-128, Title I, s. 116(c). Any local performance
255 accountability measures that are established must be based on
256 identified local area needs.
257 (12)(11) The workforce development system must use local
258 design and control of service delivery and targeted activities.
259 The state board, in consultation with the department, is
260 responsible for ensuring that local workforce development boards
261 have a membership consistent with the requirements of federal
262 and state law and have developed a plan consistent with the
263 state’s workforce development strategy. The plan must specify
264 methods for allocating the resources and programs in a manner
265 that eliminates unwarranted duplication, minimizes
266 administrative costs, meets the existing job market demands and
267 the job market demands resulting from successful economic
268 development activities, ensures access to quality workforce
269 development services for all Floridians, allows for pro rata or
270 partial distribution of benefits and services, prohibits the
271 creation of a waiting list or other indication of an unserved
272 population, serves as many individuals as possible within
273 available resources, and maximizes successful outcomes. The
274 state board shall establish incentives for effective alignment
275 coordination of federal and state programs, outline rewards for
276 achieving the long-term self-sufficiency of participants
277 successful job placements, and institute collaborative
278 approaches among local service providers.
279 Section 4. Subsection (1), paragraph (a) of subsection (2),
280 and subsections (6), (11), and (12) of section 445.007, Florida
281 Statutes, are amended, and subsections (13) and (14) are added
282 to that section, to read:
283 445.007 Local workforce development boards.—
284 (1) One local workforce development board shall be
285 appointed in each designated service delivery area and shall
286 serve as the local workforce development board pursuant to Pub.
287 L. No. 113-128. The membership of the local board must be
288 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
289 public education or training provider is represented on the
290 local board, a representative of a private education provider
291 must also be appointed to the local board. The state board may
292 waive this requirement if requested by a local workforce
293 development board if it is demonstrated that such
294 representatives do not exist in the region. The importance of
295 minority and gender representation shall be considered when
296 making appointments to the local board. The local board, its
297 committees, subcommittees, and subdivisions, and other units of
298 the workforce system, including units that may consist in whole
299 or in part of local governmental units, may use any method of
300 telecommunications to conduct meetings, including establishing a
301 quorum through telecommunications, provided that the public is
302 given proper notice of the telecommunications meeting and
303 reasonable access to observe and, when appropriate, participate.
304 Local workforce development boards are subject to chapters 119
305 and 286 and s. 24, Art. I of the State Constitution. If the
306 local workforce development board enters into a contract with an
307 organization or individual represented on the local board, the
308 contract must be approved by a two-thirds vote of the local
309 board, a quorum having been established, and the local board
310 member who could benefit financially from the transaction must
311 abstain from voting on the contract. A local board member must
312 disclose any such conflict in a manner that is consistent with
313 the procedures outlined in s. 112.3143. Each member of a local
314 workforce development board who is not otherwise required to
315 file a full and public disclosure of financial interests under
316 s. 8, Art. II of the State Constitution or s. 112.3144 shall
317 file a statement of financial interests under s. 112.3145. The
318 executive director or designated person responsible for the
319 operational and administrative functions of the local workforce
320 development board who is not otherwise required to file a full
321 and public disclosure of financial interests under s. 8, Art. II
322 of the State Constitution or s. 112.3144 shall file a statement
323 of financial interests under s. 112.3145. The local workforce
324 development board’s website, or the department’s website if the
325 local board does not maintain a website, must inform the public
326 that each disclosure or statement has been filed with the
327 Commission on Ethics and provide information as to how each
328 disclosure or statement may be reviewed. The notice to the
329 public must remain on the website throughout the term of office
330 or employment of the filer and until 1 year after his or her
331 term on the local board or employment, as applicable, ends.
332 (2)(a) The local workforce development board shall elect a
333 chair from among the representatives described in Pub. L. No.
334 113-128, Title I, s. 107(b)(2)(A) to serve for a term of no more
335 than 2 years and may not shall serve no more than two terms as
336 chair. A member of a local workforce development board may not
337 serve as a member of the board for more than 6 consecutive
338 years, unless such member is a representative of a governmental
339 entity.
340 (6) Consistent with federal and state law, the local
341 workforce development board shall designate all local service
342 providers and may not transfer this authority to a third party.
343 Consistent with the intent of the Workforce Innovation and
344 Opportunity Act, local workforce development boards should
345 provide the greatest possible choice of training providers to
346 those who qualify for training services. A local workforce
347 development board may not restrict the choice of training
348 providers based upon cost, location, or historical training
349 arrangements. However, a local board may restrict the amount of
350 training resources available to any one client. Such
351 restrictions may vary based upon the cost of training in the
352 client’s chosen occupational area. The local workforce
353 development board may be designated as a one-stop operator and
354 direct provider of intake, assessment, eligibility
355 determinations, or other direct provider services except
356 training services. Such designation may occur only with the
357 agreement of the chief elected official and the Governor as
358 specified in 29 U.S.C. s. 2832(f)(2). The state board shall
359 establish procedures by which a local workforce development
360 board may request permission to operate under this section and
361 the criteria under which such permission may be granted. The
362 criteria shall include, but need not be limited to, a reduction
363 in the cost of providing the permitted services. Such permission
364 shall be granted for a period not to exceed 3 years for any
365 single request submitted by the local workforce development
366 board.
367 (11)(a) To increase transparency and accountability, a
368 local workforce development board must comply with the
369 requirements of this section before contracting with a member of
370 the local board; or a relative, as defined in s. 112.3143(1)(c),
371 of a local board member; an organization or individual
372 represented on the local board; or of an employee of the local
373 board. Such contracts may not be executed before or without the
374 prior approval of the department. Such contracts, as well as
375 documentation demonstrating adherence to this section as
376 specified by the department, must be submitted to the department
377 for review and approval. Such a contract must be approved by a
378 two-thirds vote of the local board, a quorum having been
379 established; all conflicts of interest must be disclosed before
380 the vote in a manner that is consistent with the procedures
381 outlined in s. 112.3143(4); and any member who may benefit from
382 the contract, or whose organization or relative may benefit from
383 the contract, must abstain from the vote. A contract subject to
384 the requirements of this subsection may not be included on a
385 consent agenda.
386 (b) A contract under $10,000 $25,000 between a local
387 workforce development board and a member of that board or
388 between a relative, as defined in s. 112.3143(1)(c), of a local
389 board member or of an employee of the local board is not
390 required to have the prior approval of the department, but must
391 be approved by a two-thirds vote of the local board, a quorum
392 having been established, and must be reported to the department
393 and the state board within 30 days after approval.
394 (c) All contracts between a local board and a member of the
395 local board; a relative, as defined in s. 112.3143(1)(c), of a
396 local board member; an organization or individual represented on
397 the local board; or an employee of the local board, approved on
398 or after July 1, 2021, also must be published on the local
399 board’s website, or on the department’s website if the local
400 board does not maintain a website, within 10 days after approval
401 by the local board or department, whichever is later. Such
402 contracts must remain published on the website for at least 1
403 year after termination of the contract.
404 (d) In considering whether to approve a contract under this
405 subsection, the department shall review and consider all
406 documentation provided to the department by the local board,
407 including the performance rating of the entity with which the
408 local board is proposing to contract, if applicable, and the
409 nature, size, and makeup of the business community served by the
410 local board, including whether the entity with which the local
411 board is proposing to contract is the only provider of the
412 desired goods or services within the area served by the local
413 board If a contract cannot be approved by the department, a
414 review of the decision to disapprove the contract may be
415 requested by the local workforce development board or other
416 parties to the disapproved contract.
417 (12) Each local workforce development board shall develop a
418 budget for the purpose of carrying out the duties of the local
419 board under this section, subject to the approval of the chief
420 elected official. Each local workforce development board shall
421 submit its annual budget for review to the department no later
422 than 2 weeks after the chair approves the budget. The local
423 board shall publish the budget on its website, or the
424 department’s website if the local board does not maintain a
425 website, within 10 days after approval by the department. The
426 budget shall remain published on the website for the duration of
427 the fiscal year for which it accounts for the expenditure of
428 funds.
429 (13) Each local workforce development board annually,
430 within 30 days after the end of the fiscal year, shall disclose
431 to the department, in a manner determined by the department, the
432 amount and nature of compensation paid to all executives,
433 officers, directors, trustees, key employees, and highest
434 compensated employees, as defined for purposes of the Internal
435 Revenue Service Form 990, Return of Organization Exempt from
436 Income Tax, including salary, bonuses, present value of vested
437 benefits, including, but not limited to, retirement, accrued
438 leave and paid time off, cashed-in leave, cash equivalents,
439 severance pay, pension plan accruals and contributions, deferred
440 compensation, real property gifts, and any other liability owed
441 to such persons. The disclosure must be accompanied by a written
442 declaration, as provided for under s. 92.525(2), from the Chief
443 Financial Officer, or his or her designee, stating that he or
444 she has read the foregoing document and the facts stated in it
445 are true. Such information also must be published on the local
446 board’s website, or the department’s website if the local board
447 does not maintain a website, for a period of 3 years after it is
448 first published.
449 (14) Each local workforce development board shall annually
450 publish its most recent Internal Revenue Service Form 990,
451 Return of Organization Exempt from Income Tax, on its website,
452 or the department’s website if the local board does not maintain
453 a website. The form must be posted on the local board’s website
454 within 60 calendar days after it is filed with the Internal
455 Revenue Service and remain posted for 3 years after it is filed.
456 Section 5. Paragraphs (a) and (e) of subsection (8) of
457 section 445.009, Florida Statutes, are amended to read:
458 445.009 One-stop delivery system.—
459 (8)(a) Individual Training Accounts must be expended on
460 programs that prepare people to enter high-wage occupations
461 identified by the Labor Market Workforce Estimating Conference
462 created by s. 216.136, and on other programs recommended and
463 approved by the state board following a review by the department
464 to determine the program’s compliance with federal law.
465 (e) Training services provided through Individual Training
466 Accounts must be performance-based, with successful job
467 placement triggering final full payment of at least 10 percent.
468 Section 6. Section 445.038, Florida Statutes, is amended to
469 read:
470 445.038 Digital media; job training.—CareerSource Florida,
471 Inc., through the Department of Economic Opportunity, may use
472 funds dedicated for incumbent worker training for the digital
473 media industry. Training may be provided by public or private
474 training providers for broadband digital media jobs listed on
475 the targeted occupations list developed by the Labor Market
476 Workforce Estimating Conference or CareerSource Florida, Inc.
477 Programs that operate outside the normal semester time periods
478 and coordinate the use of industry and public resources should
479 be given priority status for funding.
480 Section 7. Subsection (8) of section 446.021, Florida
481 Statutes, is amended to read:
482 446.021 Definitions of terms used in ss. 446.011-446.092.
483 As used in ss. 446.011-446.092, the term:
484 (8) “Uniform minimum preapprenticeship Standards” means the
485 minimum requirements established uniformly for each occupation
486 craft under which an apprenticeship or a preapprenticeship
487 program is administered. The term and includes standards of
488 admission, training goals, training objectives, curriculum
489 outlines, objective standards to measure successful completion
490 of the apprenticeship or preapprenticeship program, and the
491 percentage of credit which may be given to an apprentice or a
492 preapprentice preapprenticeship graduates upon acceptance into
493 the apprenticeship program.
494 Section 8. Subsections (1), (2), and (3) of section
495 446.032, Florida Statutes, are amended to read:
496 446.032 General duties of the department for apprenticeship
497 training.—The department shall:
498 (1) Establish uniform minimum standards and policies
499 governing apprenticeship apprentice programs and agreements
500 which must require training providers to submit data necessary
501 to determine program performance consistent with state and
502 federal law. The standards and policies shall govern the terms
503 and conditions of the apprentice’s employment and training,
504 including the quality training of the apprentice for, but not
505 limited to, such matters as ratios of apprentices to
506 journeyworkers, safety, related instruction, and on-the-job
507 training; but these standards and policies may not include
508 rules, standards, or guidelines that require the use of
509 apprentices and job trainees on state, county, or municipal
510 contracts. The department shall may adopt rules necessary to
511 administer the standards and policies.
512 (2) By September 1 of each year, publish an annual report
513 on apprenticeship and preapprenticeship programs. The report
514 must be published on the department’s website and, at a minimum,
515 include all of the following:
516 (a) A list of registered apprenticeship and
517 preapprenticeship programs, sorted by local educational agency,
518 as defined in s. 1004.02(18), and apprenticeship sponsor, under
519 s. 446.071.
520 (b) A detailed summary of each local educational agency’s
521 expenditure of funds for apprenticeship and preapprenticeship
522 programs, including:
523 1. The total amount of funds received for apprenticeship
524 and preapprenticeship programs;
525 2. The total amount of funds allocated by training
526 provider, program, and to each trade or occupation;
527 3. The total amount of funds expended for administrative
528 costs by training provider, program, and per trade or
529 occupation; and
530 4. The total amount of funds expended for instructional
531 costs by training provider, program, per trade and occupation.
532 (c) The number of apprentices and preapprentices per trade
533 and occupation.
534 (d) The percentage of apprentices and preapprentices who
535 complete their respective programs in the appropriate timeframe.
536 (e) Information and resources related to applications for
537 new apprenticeship programs and technical assistance and
538 requirements for potential applicants.
539 (f) Documentation of activities conducted by the department
540 to promote apprenticeship and preapprenticeship programs through
541 public engagement, community-based partnerships, and other
542 initiatives and the outcomes of such activities and their impact
543 on establishing or expanding apprenticeship and
544 preapprenticeship programs.
545 (g) Retention and completion rates of participants
546 aggregated by training provider, program, and occupation.
547 (h) Wage progression of participants as demonstrated by
548 starting, exit, and postapprenticeship wages.
549 (3) Provide assistance to district school boards, Florida
550 College System institution boards of trustees, program sponsors,
551 and local workforce development boards in notifying students,
552 parents, and members of the community of the availability of
553 apprenticeship and preapprenticeship opportunities, including
554 data provided in the economic security report under pursuant to
555 s. 445.07 and other state career planning resources.
556 Section 9. Paragraph (b) of subsection (2) of section
557 446.045, Florida Statutes, is amended to read:
558 446.045 State Apprenticeship Advisory Council.—
559 (2)
560 (b) The Commissioner of Education or the commissioner’s
561 designee shall serve ex officio as chair of the State
562 Apprenticeship Advisory Council, but may not vote. The state
563 director of the Office of Apprenticeship of the United States
564 Department of Labor shall serve ex officio as a nonvoting member
565 of the council. The Governor shall appoint to the council four
566 members representing employee organizations and four members
567 representing employer organizations. Each of these eight members
568 shall represent industries that have registered apprenticeship
569 programs. The Governor shall also appoint two public members who
570 are knowledgeable about registered apprenticeship and
571 apprenticeable occupations and who are independent of any joint
572 or nonjoint organization. Members shall be appointed for 4-year
573 staggered terms. The Governor A vacancy shall fill any vacancy
574 be filled for the remainder of the unexpired term.
575 Section 10. Paragraph (e) of subsection (1) of section
576 1003.4156, Florida Statutes, is amended to read:
577 1003.4156 General requirements for middle grades
578 promotion.—
579 (1) In order for a student to be promoted to high school
580 from a school that includes middle grades 6, 7, and 8, the
581 student must successfully complete the following courses:
582 (e) One course in career and education planning to be
583 completed in grades 6, 7, or 8, which may be taught by any
584 member of the instructional staff. The course must be Internet
585 based, customizable to each student, and include research-based
586 assessments to assist students in determining educational and
587 career options and goals. In addition, the course must result in
588 a completed personalized academic and career plan for the
589 student that may be revised as the student progresses through
590 middle school and high school; must emphasize the importance of
591 entrepreneurship and employability skills; and must include
592 information from the Department of Economic Opportunity’s
593 economic security report under s. 445.07 and other state career
594 planning resources. The required personalized academic and
595 career plan must inform students of high school graduation
596 requirements, including a detailed explanation of the
597 requirements for earning a high school diploma designation under
598 s. 1003.4285; the requirements for each scholarship in the
599 Florida Bright Futures Scholarship Program; state university and
600 Florida College System institution admission requirements;
601 available opportunities to earn college credit in high school,
602 including Advanced Placement courses; the International
603 Baccalaureate Program; the Advanced International Certificate of
604 Education Program; dual enrollment, including career dual
605 enrollment; and career education courses, including career
606 themed courses, preapprenticeship and apprenticeship programs,
607 and course sequences that lead to industry certification
608 pursuant to s. 1003.492 or s. 1008.44. The course may be
609 implemented as a stand-alone course or integrated into another
610 course or courses.
611 Section 11. Subsections (3) and (5) of section 1003.4203,
612 Florida Statutes, are amended to read:
613 1003.4203 Digital materials, CAPE Digital Tool
614 certificates, and technical assistance.—
615 (3) CAPE DIGITAL TOOL CERTIFICATES.—The department shall
616 identify, in the CAPE Industry Certification Funding List under
617 ss. 1003.492 and 1008.44 by June 15 of each year, CAPE Digital
618 Tool certificates that indicate a student’s digital skills. The
619 department shall notify each school district when the
620 certificates are available. The certificates shall be made
621 available to all public elementary and middle grades students.
622 (a) Targeted skills to be mastered for the certificate
623 include digital skills that are necessary to the student’s
624 academic work and skills the student may need in future
625 employment. The skills must include, but are not limited to,
626 word processing; spreadsheets; presentations, including sound,
627 motion, and color presentations; digital arts; cybersecurity;
628 and coding consistent with CAPE industry certifications that are
629 listed on the CAPE Industry Certification Funding List, pursuant
630 to ss. 1003.492 and 1008.44. CAPE Digital Tool certificates
631 earned by students are eligible for additional full-time
632 equivalent membership under pursuant to s. 1011.62(1)(o)1.a.
633 (b) The school district shall notify each middle school
634 advisory council of the methods of delivery of the open-access
635 content and assessments for the certificates. If there is no
636 middle school advisory council, notification must be provided to
637 the district advisory council.
638 (c) The Legislature intends that by July 1, 2018, on an
639 annual basis, at least 75 percent of public middle grades
640 students earn at least one CAPE Digital Tool certificate.
641 (5) CAPE INNOVATION AND CAPE ACCELERATION.—
642 (a) CAPE Innovation.—Up to five Courses, identified in the
643 CAPE Industry Certification Funding List, which annually
644 approved by the commissioner that combine academic and career
645 content, and performance outcome expectations that, if achieved
646 by a student, must shall articulate for college credit and be
647 eligible for additional full-time equivalent membership under
648 pursuant to s. 1011.62(1)(o)1.c. Such approved courses must
649 incorporate at least two third-party assessments that, if
650 successfully completed by a student, must shall articulate for
651 college credit. At least one of the two third-party assessments
652 must be associated with an industry certification that is
653 identified on the CAPE Industry Certification Funding List. Each
654 course that is approved by the commissioner must be specifically
655 identified in the Course Code Directory as a CAPE Innovation
656 Course.
657 (b) CAPE Acceleration.—Industry certifications, annually
658 approved by the commissioner, that articulate for 15 or more
659 college credit hours and, if successfully completed, are shall
660 be eligible for additional full-time equivalent membership under
661 pursuant to s. 1011.62(1)(o)1.d. Each approved industry
662 certification must be specifically identified in the CAPE
663 Industry Certification Funding List as a CAPE Acceleration
664 Industry Certification.
665 Section 12. Subsection (3) and paragraph (b) of subsection
666 (5) of section 1003.491, Florida Statutes, are amended to read:
667 1003.491 Florida Career and Professional Education Act.—The
668 Florida Career and Professional Education Act is created to
669 provide a statewide planning partnership between the business
670 and education communities in order to attract, expand, and
671 retain targeted, high-value industry and to sustain a strong,
672 knowledge-based economy.
673 (3) The strategic 3-year plan developed jointly by the
674 local school district, local workforce development boards,
675 economic development agencies, and state-approved postsecondary
676 institutions shall be constructed and based on:
677 (a) Research conducted to objectively determine local and
678 regional workforce needs for the ensuing 3 years, using labor
679 projections as identified by the Labor Market Estimating
680 Conference created in s. 216.136 of the United States Department
681 of Labor and the Department of Economic Opportunity;
682 (b) Strategies to develop and implement career academies or
683 career-themed courses based on occupations identified by the
684 Labor Market Estimating Conference created in s. 216.136 those
685 careers determined to be high-wage, high-skill, and high-demand;
686 (c) Strategies to provide shared, maximum use of private
687 sector facilities and personnel;
688 (d) Strategies that ensure instruction by industry
689 certified faculty and standards and strategies to maintain
690 current industry credentials and for recruiting and retaining
691 faculty to meet those standards;
692 (e) Strategies to provide personalized student advisement,
693 including a parent-participation component, and coordination
694 with middle grades to promote and support career-themed courses
695 and education planning;
696 (f) Alignment of requirements for middle school career
697 planning, middle and high school career and professional
698 academies or career-themed courses leading to industry
699 certification or postsecondary credit, and high school
700 graduation requirements;
701 (g) Provisions to ensure that career-themed courses and
702 courses offered through career and professional academies are
703 academically rigorous, meet or exceed appropriate state-adopted
704 subject area standards, result in attainment of industry
705 certification, and, when appropriate, result in postsecondary
706 credit;
707 (h) Plans to sustain and improve career-themed courses and
708 career and professional academies;
709 (i) Strategies to improve the passage rate for industry
710 certification examinations if the rate falls below 50 percent;
711 (j) Strategies to recruit students into career-themed
712 courses and career and professional academies which include
713 opportunities for students who have been unsuccessful in
714 traditional classrooms but who are interested in enrolling in
715 career-themed courses or a career and professional academy.
716 School boards shall provide opportunities for students who may
717 be deemed as potential dropouts or whose cumulative grade point
718 average drops below a 2.0 to enroll in career-themed courses or
719 participate in career and professional academies. Such students
720 must be provided in-person academic advising that includes
721 information on career education programs by a certified school
722 counselor or the school principal or his or her designee during
723 any semester the students are at risk of dropping out or have a
724 cumulative grade point average below a 2.0;
725 (k) Strategies to provide sufficient space within academies
726 to meet workforce needs and to provide access to all interested
727 and qualified students;
728 (l) Strategies to implement career-themed courses or career
729 and professional academy training that lead to industry
730 certification in juvenile justice education programs;
731 (m) Opportunities for high school students to earn weighted
732 or dual enrollment credit for higher-level career and technical
733 courses;
734 (n) Promotion of the benefits of the Gold Seal Bright
735 Futures Scholarship;
736 (o) Strategies to ensure the review of district pupil
737 progression plans and to amend such plans to include career
738 themed courses and career and professional academy courses and
739 to include courses that may qualify as substitute courses for
740 core graduation requirements and those that may be counted as
741 elective courses;
742 (p) Strategies to provide professional development for
743 secondary certified school counselors on the benefits of career
744 and professional academies and career-themed courses that lead
745 to industry certification; and
746 (q) Strategies to redirect appropriated career funding in
747 secondary and postsecondary institutions to support career
748 academies and career-themed courses that lead to industry
749 certification.
750 (5)(b) Using the findings from the annual review required
751 in paragraph (a), the commissioner shall phase out career and
752 technical education offerings that are not aligned with the
753 needs of the state employers or do not provide program
754 completers with a middle-wage or high-wage occupation and
755 encourage school districts and Florida College System
756 institutions to offer programs that are not offered currently
757 offered.
758 Section 13. Subsections (2) and (3) of section 1003.4935,
759 Florida Statutes, are amended to read:
760 1003.4935 Middle grades career and professional academy
761 courses and career-themed courses.—
762 (2) Each middle grades career and professional academy or
763 career-themed course must be aligned with at least one high
764 school career and professional academy or career-themed course
765 offered in the district and maintain partnerships with local
766 business and industry and economic development boards. Middle
767 grades career and professional academies and career-themed
768 courses must:
769 (a) Lead to careers in occupations aligned with designated
770 as high-skill, high-wage, and high-demand in the CAPE Industry
771 Certification Funding List approved under rules adopted by the
772 State Board of Education;
773 (b) Integrate content from core subject areas;
774 (c) Integrate career and professional academy or career
775 themed course content with intensive reading, English Language
776 Arts, and mathematics pursuant to s. 1003.4282;
777 (d) Coordinate with high schools to maximize opportunities
778 for middle grades students to earn high school credit;
779 (e) Provide access to virtual instruction courses provided
780 by virtual education providers legislatively authorized to
781 provide part-time instruction to middle grades students. The
782 virtual instruction courses must be aligned to state curriculum
783 standards for middle grades career and professional academy
784 courses or career-themed courses, with priority given to
785 students who have required course deficits;
786 (f) Provide instruction from highly skilled professionals
787 who hold industry certificates in the career area in which they
788 teach;
789 (g) Offer externships; and
790 (h) Provide personalized student advisement that includes a
791 parent-participation component.
792 (3) Beginning with the 2012-2013 school year, if a school
793 district implements a middle school career and professional
794 academy or a career-themed course, the Department of Education
795 shall collect and report student achievement data pursuant to
796 performance factors identified under s. 1003.492(3) s.
797 1003.492(5) for students enrolled in an academy or a career
798 themed course.
799 Section 14. Subsection (3) of section 1008.41, Florida
800 Statutes, is amended to read:
801 1008.41 Workforce education; management information
802 system.—
803 (3) Planning and evaluation of job-preparatory programs
804 shall be based on standard sources of data and use standard
805 occupational definitions and coding structures, including, but
806 not limited to:
807 (a) The Florida Occupational Information System.;
808 (b) The Florida Education and Training Placement
809 Information Program.;
810 (c) The Department of Economic Opportunity.;
811 (d) The United States Department of Labor.; and
812 (e) The Labor Market Estimating Conference created under s.
813 216.136.
814 (f) Other sources of data developed using statistically
815 valid procedures.
816 Section 15. Paragraph (f) is added to subsection (1) of
817 section 1008.44, Florida Statutes, to read:
818 1008.44 CAPE Industry Certification Funding List and CAPE
819 Postsecondary Industry Certification Funding List.—
820 (1) Pursuant to ss. 1003.4203 and 1003.492, the Department
821 of Education shall, at least annually, identify, under rules
822 adopted by the State Board of Education, and the Commissioner of
823 Education may at any time recommend adding the following
824 certificates, certifications, and courses:
825 (f) The Commissioner of Education shall conduct a review of
826 the methodology used to determine additional full-time
827 equivalent membership weights assigned in s. 1011.62(1)(o) and,
828 if necessary, recommend revised weights. The results of the
829 review and the commissioner’s recommendations must be submitted
830 to the Governor, the President of the Senate, and the Speaker of
831 the House of Representatives no later than December 31, 2021.
832 Section 16. Subsection (3) of section 1011.801, Florida
833 Statutes, is amended to read:
834 1011.801 Workforce Development Capitalization Incentive
835 Grant Program.—The Legislature recognizes that the need for
836 school districts and Florida College System institutions to be
837 able to respond to emerging local or statewide economic
838 development needs is critical to the workforce development
839 system. The Workforce Development Capitalization Incentive Grant
840 Program is created to provide grants to school districts and
841 Florida College System institutions on a competitive basis to
842 fund some or all of the costs associated with the creation or
843 expansion of workforce development programs that serve specific
844 employment workforce needs.
845 (3) The State Board of Education shall give highest
846 priority to programs that train people to enter high-skill,
847 high-wage occupations identified by the Labor Market Workforce
848 Estimating Conference and other programs approved by the state
849 board as defined in s. 445.002, programs that train people to
850 enter occupations under the welfare transition program, or
851 programs that train for the workforce adults who are eligible
852 for public assistance, economically disadvantaged, disabled, not
853 proficient in English, or dislocated workers. The State Board of
854 Education shall consider the statewide geographic dispersion of
855 grant funds in ranking the applications and shall give priority
856 to applications from education agencies that are making maximum
857 use of their workforce development funding by offering high
858 performing, high-demand programs.
859 Section 17. Subsection (3) of section 1011.802, Florida
860 Statutes, is amended to read:
861 1011.802 Florida Pathways to Career Opportunities Grant
862 Program.—
863 (3) The department shall give priority to apprenticeship
864 programs with demonstrated regional demand identified by the
865 Labor Market Estimating Conference, such as health care
866 programs. Grant funds may be used for instructional equipment,
867 supplies, personnel, student services, and other expenses
868 associated with the creation or expansion of an apprenticeship
869 program. The department may award grants to expand only those
870 existing programs that exceed the median completion rate and
871 employment rate 1 year after completion for similar programs in
872 the region, or in the state if there are no similar programs in
873 the region. Grant funds may not be used for recurring
874 instructional costs or for indirect costs. Grant recipients must
875 submit quarterly reports in a format prescribed by the
876 department.
877 Section 18. Paragraph (a) of subsection (1) of section
878 445.011, Florida Statutes, is amended to read:
879 445.011 Workforce information systems.—
880 (1) The department, in consultation with the state board,
881 shall implement, subject to legislative appropriation, automated
882 information systems that are necessary for the efficient and
883 effective operation and management of the workforce development
884 system. These information systems shall include, but need not be
885 limited to, the following:
886 (a) An integrated management system for the one-stop
887 service delivery system, which includes, at a minimum, common
888 registration and intake, screening for needs and benefits, case
889 planning and tracking, training benefits management, service and
890 training provider management, performance reporting, executive
891 information and reporting, and customer-satisfaction tracking
892 and reporting.
893 1. The system should report current budgeting, expenditure,
894 and performance information for assessing performance related to
895 outcomes, service delivery, and financial administration for
896 workforce programs pursuant to s. 445.004(5) and (10) (9).
897 2. The information system should include auditable systems
898 and controls to ensure financial integrity and valid and
899 reliable performance information.
900 3. The system should support service integration and case
901 management by providing for case tracking for participants in
902 welfare transition programs.
903 Section 19. Paragraph (a) of subsection (9) of section
904 1011.80, Florida Statutes, is amended to read:
905 1011.80 Funds for operation of workforce education
906 programs.—
907 (9) The State Board of Education and the state board as
908 defined in s. 445.002 shall provide the Legislature with
909 recommended formulas, criteria, timeframes, and mechanisms for
910 distributing performance funds. The commissioner shall
911 consolidate the recommendations and develop a consensus proposal
912 for funding. The Legislature shall adopt a formula and
913 distribute the performance funds to the State Board of Education
914 for Florida College System institutions and school districts
915 through the General Appropriations Act. These recommendations
916 shall be based on formulas that would discourage low-performing
917 or low-demand programs and encourage through performance-funding
918 awards:
919 (a) Programs that prepare people to enter high-wage
920 occupations identified by the Labor Market Workforce Estimating
921 Conference created by s. 216.136 and other programs as approved
922 by the state board as defined in s. 445.002. At a minimum,
923 performance incentives shall be calculated for adults who reach
924 completion points or complete programs that lead to specified
925 high-wage employment and to their placement in that employment.
926 Section 20. This act shall take effect July 1, 2021.