The Florida Senate

239.249  Market-driven, performance-based incentive funding for vocational and technical education programs.--

(1)  The Legislature finds that education to prepare adults to enter specific occupations most benefits the state when the programs respond to the needs of business and industry, encourage economic development, improve the self-sufficiency of people who might otherwise require public assistance, or significantly increase the earning potential of state residents. It is the intent of the Legislature that funding methodologies be available to provide incentive awards to area technical centers and community colleges for meeting these goals. It is further the intent of the Legislature to direct and redirect funding to better prepare people to enter occupations that benefit robust new and emerging industries, and to increase the numbers of at-risk people who benefit from the programs.

(2)  The Jobs and Education Partnership shall provide oversight and advice to improve the outcomes of courses and programs designed for workforce development provided by public school districts and community colleges. Annually, the partnership shall make recommendations to the State Board of Education and the Legislature regarding grant programs and funding incentives designed to improve vocational and technical education programs.

(3)  In any year in which the Legislature designates funds for performance-based incentive funding for vocational and technical education programs provided by school districts or community colleges, the Division of Workforce Development shall provide the Jobs and Education Partnership with recommended formulae, criteria, timeframes, and mechanisms for distributing funds. The partnership shall adopt a formula and advise the Division of Community Colleges and the Division of Workforce Development of the expected incentive award earnings of school districts or colleges. The partnership shall base these calculations on formulae that would provide incentive awards or grants for:

(a)  Programs that prepare people to enter high-wage occupations identified by the Occupational Forecasting Conference created by s. 216.136 and other programs as approved by the Jobs and Education Partnership. Local school district superintendents, community college presidents, and private industry councils shall receive the Occupational Forecasting Conference results for their respective geographic areas to assess local applicability. At a minimum, performance incentives shall be calculated for people who complete programs that lead to specified high-wage employment and their placement in that employment. Leavers with marketable skills may also be calculated for the purposes of this paragraph. Baseline information for these calculations shall be based upon institutional information compiled by the Florida Education and Training Placement Information Program for the 1992-1993 school year. The baseline information calculated for the purposes of this paragraph shall be adjusted for a 3-percent annual increase in productivity beginning in 1995-1996.

(b)  Programs that successfully prepare people who are eligible for public assistance, economically disadvantaged, disabled, not proficient in English, or dislocated workers for high-wage occupations. At a minimum, performance incentives shall be calculated for the enrollment of people identified in this paragraph, completion of such people, and placement of such people upon program completion. Leavers with marketable skills may also be calculated for the purposes of this paragraph. Baseline information for these calculations shall be based upon institutional information compiled by the Florida Education and Training Placement Information Program for the 1992-1993 school year. The baseline information calculated for the purposes of this paragraph shall be adjusted for a 3-percent annual increase in productivity beginning in 1995-1996.

(c)  Programs identified by the Jobs and Education Partnership as increasing the effectiveness and cost-efficiency of education.

(4)  The Legislature shall specify annually in the General Appropriations Act the percentage that is set aside from the Florida Education Finance Program and Community College Program Fund, respectively, for the purpose of providing incentive awards. Unless otherwise specified in the General Appropriations Act, the set-aside shall be no less than the amount specified in subsection (5). In implementing this section, funds set aside from the Florida Education Finance Program shall not be commingled with funds set aside from the Community College Program Fund.

(5)  At least 60 percent of funds designated for performance-based incentive awards for public school district technical centers must be derived from a source other than the Florida Education Finance Program, and at least 60 percent of funds designated for such awards for community colleges shall be derived from a source other than the Community College Program Fund. Calculations of program cost for appropriations purposes pursuant to s. 236.081 shall not include funds from sources other than the Florida Education Finance Program for the purposes of this section. Funds derived from sources other than the Florida Education Finance Program and Community College Program Fund shall not supplant current revenue levels appropriated through the General Revenue Fund or Educational Enhancement Trust Fund.

(6)  If the Legislature appropriates funds for performance incentives from discretionary federal funds authorized in the Job Training Reform Amendments of 1992, Pub. L. No. 102-367, the Legislature and appropriate state and local agencies must ensure that:

(a)  The total amount derived from those sources does not exceed $18 million annually.

(b)  Any use of federal job training funds to implement this section does not prevent required formula-generated funds from passing through to local service delivery areas and private industry councils that provide services directly or through community-based organizations. This section must not interfere with federal requirements pertaining to local discretion and control.

(c)  Community colleges, school districts, and private industry councils must collaborate to ensure that clients eligible under the Job Training Partnership Act receive the following services efficiently and without unwarranted duplication: education, training, intake, assessment, referral, counseling, support, case management, and placement.

(7)  The Department of Education shall award 80 percent of funds derived from the Florida Education Finance Program and the Community College Program Fund and designated for performance-based incentive funding to institutions at the beginning of the fiscal year. If a program earns more than its allocation of incentive funds, the Department of Education must allocate to each institution its proportionate share of the remaining funds for that sector. Incentive funds awarded in excess of those set aside through the Florida Education Finance Program and Community College Program Fund shall be awarded at 2 times the value of those awarded through the set-aside.

(8)  A school district or community college that earns an incentive award for its performance must use the money to benefit the vocational and technical education programs it provides. The money may be used for equipment upgrades, program expansions, or any other use that would result in program improvement. The school board or community college board of trustees may not withhold any portion of the incentive earnings for indirect costs. Funds awarded pursuant to this section may be carried across fiscal years and shall not revert to any other fund maintained by the school board or community college board of trustees.

(9)  The ¹Department of Commerce shall administer the funds derived from sources other than the Community College Program Fund and the Florida Education Finance Program and shall distribute funds appropriated to colleges and school districts according to a formula adopted annually by the Jobs and Education Partnership. To allow time for documentation of program performance, funds allocated for the incentives must be carried forward to the next fiscal year and must be awarded to school districts and community colleges for their current year's performance, unless federal law requires the funds to revert at the year's end. The formula must provide consistency in giving awards to programs. Programs at a community college must not be held to a different standard from those at a school district, and programs at one school district or community college must not be held to a different standard from those of another.

(10)  The Jobs and Education Partnership, upon the joint recommendation of local elected officials, a private industry council, and a participating local education agency, may expand the occupations that are included in the incentive funding program. Occupations so identified must meet needs created by local emergencies or plant closings.

(11)  The Jobs and Education Partnership may add occupations to the list of recommendations produced by the Occupational Forecasting Conference if the Quick-Response Advisory Committee recommends them as emerging occupations according to s. 288.047.

(12)  The Jobs and Education Partnership shall recommend rules necessary to implement this section to the State Board for Vocational Education.

(13)  Payment for vocational and technical education and training provided to WAGES Program participants shall be in accordance with the payment structure established by the WAGES Program State Board of Directors under s. 414.027(1)(i).

History.--s. 3, ch. 94-232; s. 9, ch. 95-392; s. 61, ch. 96-175; s. 22, ch. 97-307; s. 32, ch. 99-241.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.