The Florida Senate

288.9620  Workforce development board.--

(1)  The Legislature finds that the growth and competitive strength of Florida's economy depend upon the state's ability to attract and support industries that add to the value of the state's social capital as well as to its economic capital. It is crucial to the retention and growth of these high-value-added industries to assure that skilled human resources are adequate in quality and quantity. The Legislature intends to adopt a uniform policy to guide education, training, and employment programs, so that the combined efforts of all the programs accomplish the following objectives:

(a)  Provide for a skilled workforce to enable Florida to compete in a global economy.

(b)  Respond to changes in technology and to emerging industries.

(c)  Promote the development of market-driven programs through a planning and funding system based upon products of the Occupational Forecasting Conference created in s. 216.136.

(d)  Base evaluations of program success on student and participant outcomes rather than processes.

(e)  Coordinate state, federal, local, and private funds for maximum impact.

(f)  Encourage the participation, education, and training of members of populations selected by state or federal policy to receive additional resources, guidance, or services. The selected populations must include people with disabilities or economic disadvantages, especially those who are participants in the WAGES Program, are eligible for public assistance, or are dislocated workers.

(2)  There is created within the nonprofit corporate structure of Enterprise Florida, Inc., a nonprofit public-private board the purpose of which is to create a Florida economy characterized by better employment opportunities leading to higher wages by creating and maintaining a highly skilled workforce that responds to the rapidly changing technology and diversified market opportunities critical to this mission.

(3)  The workforce development board shall be governed by a board of directors. The board of directors is to consist of the following members:

(a)  The Commissioner of Education.

(b)  The secretary of the Department of Elderly Affairs.

(c)  The secretary of the ¹Department of Health and Rehabilitative Services.

(d)  The secretary of the Department of Labor and Employment Security.

(e)  The Chancellor of the State University System or the Chancellor's designee.

(f)  The executive director of the State Community College System or the executive director's designee.

(g)  A member of the Senate, to be appointed by the President of the Senate as an ex officio member of the board and serve at the pleasure of the President.

(h)  A member of the House of Representatives, to be appointed by the Speaker of the House of Representatives as an ex officio member of the board and serve at the pleasure of the Speaker.

(i)  Eleven to 13 members from the public and private sectors who possess an understanding of the broad spectrum of education, training, and employment needs of the residents of the state, with the majority from the private sector, to be appointed by the Governor, subject to Senate confirmation. These members must represent those industries critical to the state's economic base, as well as that portion of the state's population which has limited employment skills and work experience. The members from the public sector must also include an occupational dean of a community college and a school district vocational director with responsibility for postsecondary programs. The members from the private sector must include a private business representative from a private industry council, a representative of organized labor, and a representative from a licensed, independent postsecondary institution that conducts vocational education and job training programs in the state.

(j)  Additional members may be appointed, subject to Senate confirmation, when necessary to conform to the requirements of the Job Training Partnership Act or the requirements of any other federal act establishing or designating a Human Resources Investment Council or other federal workforce development board.

(k)  Private sector members appointed by the Governor must be appointed for 4-year, staggered terms. Public sector members appointed by the Governor shall serve at the pleasure of the Governor. After July 1, 1996, public sector members appointed by the Governor must be appointed to 4-year terms.

(4)(a)  The chair and vice chair of Enterprise Florida, Inc., shall jointly select a list of nominees for appointment to the board of directors from a slate of candidates submitted by Enterprise Florida, Inc. The chair and vice chair of Enterprise Florida, Inc., may request that additional candidates be submitted by Enterprise Florida, Inc., if the chair and vice chair cannot agree on a list of nominees submitted. Appointments to the board of directors shall be made by the Governor from the list of nominees jointly selected by the chair and vice chair of Enterprise Florida, Inc. Appointees shall represent all geographic regions of the state, including both urban and rural regions. The importance of minority and gender representation shall be considered when making nominations for each position on the board of directors. A vacancy on the board of directors shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

(b)  The Governor shall appoint the initial members from the public sector and private sector to the board of directors within 30 days after the receipt of the nominations from Enterprise Florida, Inc.

(c)  A member may be removed by the Governor for cause. Absence from three consecutive meetings results in automatic removal.

(d)  The State Job Training Coordinating Council shall appoint an advisory committee, which must include a member of a private industry council. This committee, the Committee of Practitioners established as required by Pub. L. No. 101-392, and the Quick-Response Advisory Committee, established by s. 288.047, shall provide the board with technical advice, policy consultation, and information about workforce development issues.

(5)(a)  The board of directors of the workforce development board shall be chaired by a board member designated by the Governor.

(b)  The president of the board shall be hired by the president of Enterprise Florida, Inc., and shall serve in the capacity of an executive director and secretary of the board. The president of Enterprise Florida, Inc., shall hire any additional staff within the parameters established by the board of directors of Enterprise Florida, Inc.

(c)  The board shall meet at least quarterly and at other times upon call of its chair.

(d)  A majority of the total current membership of the board comprises a quorum of the board.

(e)  A majority of those voting is required to organize and conduct the business of the board, except that a majority of the entire board is required to adopt or amend the operational plan.

(f)  Except as delegated or authorized by the board, individual board members have no authority to control or direct the operations of the board or the actions of its officers and employees, including the president.

(g)  The board of directors may delegate to its president those powers and responsibilities it deems appropriate.

(h)  Members of the board shall serve without compensation, but members, the president, and all employees of the board may be reimbursed for all reasonable, necessary, and actual expenses, as determined by the board of directors of Enterprise Florida, Inc.

(i)  The board of directors may establish an executive committee consisting of the chair and at least two additional board members selected by the board of directors. The executive committee shall have such authority as the board of directors delegates to it, except that the board may not delegate to the executive committee authority to take action that requires approval by a majority of the entire board of directors.

(6)  The workforce development board shall have all the powers and authority, not explicitly prohibited by statute, necessary or convenient to carry out and effectuate the purposes of this section, as well as its functions, duties, and responsibilities, including, but not limited to, the following:

(a)  Advising and assisting in the formulation and coordination of the state's economic policy regarding workforce development critical to achieve the purposes of the board, as stated in this section and consistent with the policies of the board of directors of Enterprise Florida, Inc.

(b)  Using a corporate seal.

(c)  Advising and assisting in developing the state's strategic workforce development plan and subsequent implementation plans as part of the strategic economic development plan of Enterprise Florida, Inc.

(d)  Advising and assisting in the state's workforce development strategic planning process.

(e)  Evaluating the performance and effectiveness of Florida's workforce development programs.

(f)  Reporting to the board of directors of Enterprise Florida, Inc., regarding its recommendations, functions, duties, and responsibilities.

(g)  Soliciting, borrowing, accepting, receiving, investing, and expending funds from any public or private source.

(h)  Contracting with public and private entities as necessary to further the directives of this section, except that any contract made with an organization represented on the nominating council or on the board of directors must be approved by a two-thirds vote of the entire board of directors, and the board member representing such organization shall abstain from voting. No more than 65 percent of the dollar value of all contracts or other agreements entered into in any fiscal year, exclusive of grant programs, shall be made with an organization represented on the nominating council or the board of directors. An organization represented on the board or on the nominating council may not enter into a contract to receive a state-funded economic development incentive or similar grant, unless such incentive award is specifically endorsed by a two-thirds vote of the entire board. The board member representing such organization, if applicable, shall abstain from voting and refrain from discussing the issue with other members of the board. No more than 50 percent of the dollar value of grants issued by the board in any fiscal year may go to businesses associated with board members.

(i)  Approving an annual budget.

(j)  Carrying forward any unexpended state appropriations into succeeding fiscal years.

(k)  Providing an annual report to the board of directors of Enterprise Florida, Inc., by November 1 of each year which will include a copy of an annual financial and compliance audit of its accounts and records conducted by an independent certified public accountant performed in accordance with rules adopted by the Auditor General.

(7)  The board may take any action that it deems necessary to achieve the purposes of this section and consistent with the policies of the board of directors of Enterprise Florida, Inc., in partnership with private enterprises, public agencies, and other organizations. The board shall advise and make recommendations to the board of directors of Enterprise Florida, Inc., and through the board of directors to the State Board of Education and the Legislature concerning action needed to bring about the following benefits to the state's social and economic resources:

(a)  A state employment, education, and training policy that ensures that programs to prepare workers are responsive to present and future business and industry needs and complement the initiatives of the boards of Enterprise Florida, Inc.

(b)  A funding system that provides incentives to improve the outcomes of vocational education programs and that focuses resources on occupations related to new or emerging industries that add greatly to the value of the state's economy.

(c)  A comprehensive approach to the education and training of target populations such as those who have disabilities, are economically disadvantaged, receive public assistance, are not proficient in English, or are dislocated workers. This approach should ensure the effective use of federal, state, local, and private resources in reducing the need for public assistance.

(d)  The designation of Institutes of Applied Technology composed of postsecondary institutions working together to ensure that technical and vocational education programs use the most advanced technology and instructional methods available and respond to the changing needs of business and industry.

(e)  A system to project and evaluate labor market supply and demand using the results of the Occupational Forecasting Conference created in s. 216.136 and the career education performance standards identified in s. 239.233.

(f)  A review of the performance of public programs that are responsible for economic development, education, employment, and training. The review must include an analysis of the return on investment of these programs.

(8)  By December 1 of each year, Enterprise Florida, Inc., shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader a complete and detailed report by the board setting forth:

(a)  The audit in subsection (9), if conducted.

(b)  The operations and accomplishments of the partnership including the programs or entities listed in subsection (7).

(9)  The Auditor General may, pursuant to his or her own authority or at the direction of the Legislative Auditing Committee, conduct an audit of the board or the programs or entities created by the board.

History.--s. 1, ch. 94-232; s. 875, ch. 95-148; s. 112, ch. 96-320; s. 6, ch. 96-404; s. 42, ch. 97-278.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

Note.--Former s. 288.0475.