Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 240
       
       
       
       
       
       
                                Ì608196HÎ608196                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2023           .                                
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       The Committee on Education Pre-K -12 (Hutson) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 289 - 489
    4  and insert:
    5  Market Estimating Conference.
    6         Section 3. Paragraph (a) of subsection (7) of section
    7  216.136, Florida Statutes, is amended to read:
    8         216.136 Consensus estimating conferences; duties and
    9  principals.—
   10         (7) LABOR MARKET ESTIMATING CONFERENCE.—
   11         (a) The Labor Market Estimating Conference shall develop
   12  such official information with respect to real-time supply and
   13  demand in Florida’s statewide and, regional, and local labor
   14  markets as the conference determines is needed by the state’s
   15  near-term and long-term state planning and budgeting system.
   16  Such information must shall include labor supply by education
   17  level, analyses of labor demand by occupational groups and
   18  occupations compared to labor supply, and a ranking of critical
   19  areas of concern, and identification of in-demand, high-skill,
   20  middle-level to high-level wage occupations prioritized by level
   21  of statewide or regional shortages. The Office of Economic and
   22  Demographic Research is designated as the official lead for the
   23  United States Census Bureau’s State Data Center Program or its
   24  successor. All state agencies shall must provide the Office of
   25  Economic and Demographic Research with the necessary data to
   26  accomplish the goals of the conference. In accordance with s.
   27  216.135, state agencies must ensure that any related work
   28  product regarding labor demand and supply is consistent with the
   29  official information developed by the Labor Market Estimating
   30  Conference created in s. 216.136.
   31         Section 4. Paragraph (b) of subsection (7) of section
   32  445.003, Florida Statutes, is amended to read:
   33         445.003 Implementation of the federal Workforce Innovation
   34  and Opportunity Act.—
   35         (7) DUTIES OF THE DEPARTMENT.—The department shall adopt
   36  rules to implement the requirements of this chapter, including:
   37         (b) Initial and subsequent eligibility criteria, based on
   38  input from the state board, local workforce development boards,
   39  the Department of Education, and other stakeholders, for the
   40  Workforce Innovation and Opportunity Act eligible training
   41  provider list. This list directs training resources to programs
   42  leading to employment in high-demand and high-priority
   43  occupations that provide economic security, particularly those
   44  occupations facing a shortage of skilled workers. A training
   45  provider who offers training to obtain a credential on the
   46  Master Credentials List under s. 445.004(4)(h) may not be
   47  included on a state or local eligible training provider list if
   48  the provider fails to submit the required information or fails
   49  to meet initial or subsequent eligibility criteria. Subsequent
   50  eligibility criteria must use the performance and outcome
   51  measures defined and reported under s. 1008.40, to determine
   52  whether each program offered by a training provider is qualified
   53  to remain on the list.
   54         1.For the 2021-2022 program year, The Department of
   55  Economic Opportunity and the Department of Education shall
   56  establish the minimum criteria a training provider must achieve
   57  for completion, earnings, and employment rates of eligible
   58  participants. The minimum program criteria may not exceed the
   59  threshold at which more than 20 percent of all eligible training
   60  providers in the state would fall below.
   61         2. Beginning with the 2022-2023 program year, each program
   62  offered by a training provider must, at a minimum, meet all of
   63  the following:
   64         a. Income earnings for all individuals who complete the
   65  program that are equivalent to or above the state’s minimum wage
   66  in a calendar quarter.
   67         b. An employment rate of at least 75 percent for all
   68  individuals. For programs linked to an occupation, the
   69  employment rate is calculated based on obtaining employment in
   70  the field in which the participant was trained.
   71         c. A completion rate of at least 75 percent for all
   72  individuals, beginning with the 2023-2024 program year.
   73         Section 5. Paragraph (h) of subsection (4) and subsection
   74  (8) of section 445.004, Florida Statutes, are amended to read:
   75         445.004 CareerSource Florida, Inc., and the state board;
   76  creation; purpose; membership; duties and powers.—
   77         (4)
   78         (h)1. The state board shall appoint a Credentials Review
   79  Committee to identify nondegree credentials and degree
   80  credentials of value for approval by the state board and
   81  inclusion in the Master Credentials List. Such credentials must
   82  include registered apprenticeship programs, industry
   83  certifications, including industry certifications for
   84  agricultural occupations submitted pursuant to s. 570.07(43),
   85  licenses, advanced technical certificates, college credit
   86  certificates, career certificates, applied technology diplomas,
   87  and associate degrees, but may not include baccalaureate
   88  degrees, and graduate degrees. The Credentials Review Committee
   89  must include:
   90         a. The Chancellor of the Division of Public Schools.
   91         b. The Chancellor of the Division of Career and Adult
   92  Education.
   93         c. The Chancellor of the Florida College System.
   94         d. The Chancellor of the State University System.
   95         e. The director of the Office of Reimagining Education and
   96  Career Help, who must serve as chair of the committee.
   97         f. Four members from local workforce development boards,
   98  with equal representation from urban and rural regions.
   99         g. Two members from nonpublic postsecondary institutions.
  100         h. Two members from industry associations.
  101         i. Two members from Florida-based businesses.
  102         j. Two members from the Department of Economic Opportunity.
  103         k. One member from the Department of Agriculture and
  104  Consumer Services.
  105         2. All information pertaining to the Credentials Review
  106  Committee, the process for the approval of credentials of value,
  107  and the Master Credentials List must be made available and be
  108  easily accessible to the public on all relevant state agency
  109  websites.
  110         3. The Credentials Review Committee shall establish a
  111  definition for credentials of value and create a framework of
  112  quality. The framework must align with federally funded
  113  workforce accountability requirements and undergo biennial
  114  review.
  115         4. The criteria to determine value for nondegree
  116  credentials should, at a minimum, require:
  117         a. Evidence that the credential meets labor market demand
  118  as identified by the Labor Market Estimating Conference created
  119  in s. 216.136 or meets local demand as identified in the
  120  criteria adopted by the Credentials Review Committee. Evidence
  121  to be considered by the Credentials Review Committee must
  122  include, but is not limited to, information provided by the
  123  Labor Market Statistics Center within the Department of Economic
  124  Opportunity and employer information on present credential use
  125  or emerging opportunities.
  126         b. Evidence that the competencies mastered upon completion
  127  of the credential are aligned with labor market demand.
  128         c. Evidence of the employment and earnings outcomes for
  129  individuals after obtaining the credential. Earnings outcomes
  130  must provide middle-level to high-level wages with preference
  131  given to credentials generating high-level wages. Credentials
  132  that do not meet the earnings outcomes criteria must be part of
  133  a sequence of credentials that are required for the next level
  134  occupation that does meet the earnings outcomes criteria in
  135  order to be identified as a credential of value. For new
  136  credentials, this criteria may be met with conditional
  137  eligibility until measurable labor market outcomes are obtained.
  138         5. The Credentials Review Committee shall establish the
  139  criteria to determine value for degree programs. This criteria
  140  must shall include evidence that the program meets statewide,
  141  regional, or local the labor market demand as identified by the
  142  Labor Market Estimating Conference created in s. 216.136 or
  143  meets local demand as determined by the committee. The committee
  144  shall consider both the information provided by the Labor Market
  145  Statistics Center within the Department of Economic Opportunity
  146  related to short-term demand and the long-term data of the Labor
  147  Market Estimating Conference as factors in the criteria Such
  148  criteria must be used to designate programs of emphasis under s.
  149  1001.706 and to guide the development of program standards and
  150  benchmarks under s. 1004.92.
  151         6. The Credentials Review Committee shall establish a
  152  process for prioritizing nondegree credentials and degree
  153  programs based on critical statewide or regional shortages.
  154         7. The Credentials Review Committee shall establish a
  155  process for:
  156         a. At a minimum, quarterly review and approval of
  157  credential applications. Approved credentials of value shall be
  158  used by the committee to develop the Master Credentials List.
  159         b. Annual review of the Master Credentials List.
  160         c. Phasing out credentials on the Master Credentials List
  161  that no longer meet the framework of quality. Credentials must
  162  remain on the list for at least 1 year after identification for
  163  removal.
  164         d. Designating performance funding eligibility under ss.
  165  1011.80 and 1011.81, based upon the highest available
  166  certification for postsecondary students.
  167         e. Upon approval Beginning with the 2022-2023 school year,
  168  the state board shall submit the Master Credentials List to the
  169  State Board of Education. The list must, at a minimum, identify
  170  nondegree credentials and degree programs determined to be of
  171  value for purposes of the CAPE Industry Certification Funding
  172  List adopted under of ss. 1008.44 and 1011.62(1); if the
  173  credential or degree program meets statewide, regional, or local
  174  level demand; the type of certificate, credential, or degree;
  175  and the primary standard occupation classification code. For the
  176  2021-2022 school year, the Master Credentials List shall be
  177  comprised of the CAPE Industry Certification Funding List and
  178  the CAPE Postsecondary Industry Certification Funding List under
  179  ss. 1008.44 and 1011.62(1) and adopted by the State Board of
  180  Education before October 1, 2021.
  181         8. The Credentials Review Committee shall establish a
  182  process for linking Classifications of Instructional Programs
  183  (CIP) to Standard Occupational Classifications (SOC) for all new
  184  credentials of value identified on the Master Credentials List.
  185  The CIP code aligns instructional programs to occupations. A CIP
  186  to SOC link indicates that programs classified in the CIP code
  187  category prepare individuals for jobs classified in the SOC code
  188  category. The state board shall submit approved CIP to SOC
  189  linkages to the State Board of Education with each credential
  190  that is added to the Master Credentials List.
  191         9. The Credentials Review Committee shall identify all data
  192  elements necessary to collect information on credentials by the
  193  Florida Education and Training Placement Program automated
  194  system under s. 1008.39.
  195         10. The Credentials Review Committee shall develop a
  196  returned-value funding formula as provided under ss.
  197  1011.80(7)(b) and 1011.81(2)(b). When developing the formula,
  198  the committee may not penalize Florida College System
  199  institutions or school districts if students postpone employment
  200  to continue their education.
  201         (8) Each October 15 Annually, beginning July 1, 2022, the
  202  state board