Meeting Packet - Workforce Development & Tourism Subcommittee (February 4, 2020)
Summary
A meeting packet of the Florida House of Representatives Commerce Committee Workforce Development & Tourism Subcommittee for Tuesday, February 4, 2020, 9:00 am - 11:00 am, with Rene Plasencia as Chair. The agenda lists HB 1139 Regional Rural Development Grants, HB 1253 Employer Contributions, HB 1297 Drug-free Workplaces and PCS for HB 1271 State Economic Development Entities. The staff analysis of HB 1139 states that the bill reduces the percentage of grant funds that must be matched with non-state funds from 100 percent to 25 percent of the state's contribution. It also states that the bill increases the maximum amount the Department of Economic Opportunity may expend for the program from $750,000 to $1 million annually.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Meeting Packet - Workforce Development & Tourism Subcommittee (February 4, 2020).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-02-04-3015-workforce-development-tourism-subcommittee-meeting-pac-656f704bf4/
, SHA-256 38fda52e334d45e46d317fe467169d15f1731fabb8760cdeaca9ca71f6e7c49f.Full text
Workforce Development & Tourism
Subcommittee
Tuesday, February 4, 2020
9:00 AM-11:00 AM
12 HOB
Meeting Packet
Jose Oliva Rene Plasencia
Speaker Chair
The Florida House of Representatives
Commerce Committee
Workforce Development & Tourism Subcommittee
Jose R. Oliva Rene Plasencia
Speaker Chair
Meeting Agenda
Tuesday, February 4, 2020
9:00 am - 11 :00 am
12 HOB
I. Call to Order
II. Roll Call
Ill. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
HB 1139 Regional Rural Development Grants by Clemons, Polsky
HB 1253 Employer Contributions by McClure
HB 1297 Drug-free Workplaces by Robinson
Consideration of the following proposed committee substitute(s):
PCS for HB 1271 -- State Economic Development Entities
V. Closing Remarks
VI. Adjournment
317 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
:::c
m
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1139 Regional Rural Development Grants
SPONSOR(S): Clemons and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 426
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Workforce Development & Tourism Subcommittee Willson /ltV Barry
2) Transportation & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Florida has enacted a number of economic development programs for rural areas. Two such programs are the
Regional Rural Development Grants Program and the Rural Infrastructure Fund. The Regional Rural
Development Grants Program is a state matching grant program established to provide funding to build the
professional capacity of regional economic development organizations. The Rural Infrastructure Fund assists
units of local government with the planning, preparing, and financing of infrastructure projects that encourage
job creation and capital investment. Both programs are administered by the Department of Economic
Opportunity (DEO).
The bill amends the Regional Rural Development Grants Program to clarify how regional economic
development organizations may build their professional capacity and expand grant use for technical
assistance. It also defines a "regional economic development organization" to mean an economic development
organization located in or contracted to serve a rural area of opportunity (RAO).
The bill increases the total annual grant award available to the three regional economic development
organizations recognized by the DEO as serving an entire RAO, decreases the annual grant award available to
other organizations located in or contracted to serve an RAO, and eliminates grant eligibility for organizations
representing rural counties or communities that are not located in a RAO. The bill reduces the percentage of
grant funds that must be matched with non-state funds from 100 percent to 25 percent of the state's
contribution. The bill increases the maximum amount of funds that DEO may expend for the program, from
$750,000 to $1 million annually.
The bill amends the Rural Infrastructure Fund by increasing the percentage of total infrastructure costs that
may be funded by a grant award, expanding eligible projects and uses to include broadband internet service,
and requiring a review of the grant program and procedures by September 1, 2021.
In addition, the bill requires contracts or agreements for both the Regional Rural Development Grants Program
and the Rural Infrastructure Fund to contain certain specific provisions and be posted online at least 14 days
before execution.
The bill has no fiscal impact on state funds. The expenditure authority for the Regional Rural Development
Grant program is increased from $750,000 to $1 million per fiscal year. However, the appropriation for the
Rural Community Development Revolving Loan Fund, which funds the grant program, is unchanged.
The effective date of the bill is July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1139.WTS.DOCX
DATE: 1/31/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Regional Economic Development Organizations
Three regional economic development organizations operate in Florida. Each coincides respectively
with one of the state's three Rural Areas of Opportunity (RAO). A RAO is a rural community, or a region
comprised of rural communities, which has been adversely affected by an extraordinary economic
event, severe or chronic distress, or a natural disaster, or that presents a unique economic
development opportunity of regional impact. 1 The Governor may designate up to three RAOs,
establishing each region as a priority assignment for Rural Economic Development Initiative agencies.
The Governor can waive the criteria, requirements, or similar provisions of any economic development
incentive for projects in a RA0. 2
The three designated RAOs are: 3
• Northwest RAO: Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Wakulla, and
Washington counties, and the City of Freeport in Walton County.
• South Central RAO: DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee counties,
and the cities of Pahokee, Belle Glade, and South Bay (Palm Beach County), and lmmokalee
(Collier County).
• North Central RAO: Baker, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Jefferson, Lafayette,
Levy, Madison, Putnam, Suwannee, Taylor, and Union counties.
Coinciding with the RAOs are three regional economic development organizations which are
public/private 501 (c)(6) organizations that provide economic development support to the local
governments represented in the RAOs. Opportunity Florida serves the Northwest RAO; Florida's
Heartland Regional Economic Development Initiative, Inc. serves the South Central RAO; and North
Florida Economic Development Partnership serves the North Central RAO.
Regional Rural Development Grants Program
The Regional Rural Development Grants Program is a state matching grant program established to
provide funding to build the professional capacity of regional economic development organizations. 4
Additionally, grants may be used by an economic development organization to provide technical
assistance to businesses within the rural counties and communities that it serves. 5
Applications submitted to DEO must provide proof:
• of official commitments of support from each local government represented by the regional
organization;
• that each local government has made a financial or in-kind commitment to the regional
organization;
• that the private sector has made financial or in-kind commitments to the regional organization;
• that the regional organization is in existence and actively involved in economic development
activities serving the region; and
1
S. 288.0656(2)(d), F.S.
2
S. 288.0656(7)(a), F.S.
3
Department of Economic Opportunity, Rural Areas of Opportunity, http://www.floridajobs.org/community-planning-and-
development/rural-community-programs/rural-areas-of-opportunity (last visited Jan. 27, 2020).
4
S. 288.018, F.S.
5
S. 288.018(1), F.S.
STORAGE NAME: h1139.WTS.D0CX PAGE: 2
DATE: 1/31/2020
• the manner in which the regional organization coordinates its efforts with those of other local
and state organizations. 6
An organization may receive up to $50,000 a year or $150,000 if located in a RA0. 7 Grants must be
matched by an equivalent amount of non-state resources. 8 DEO is authorized to spend up to $750,000
each fiscal year from funds appropriated to the Rural Community Development Revolving Loan Fund to
carry out this program. 9
Rural Infrastructure Fund
The Rural Infrastructure Fund is a grant program created to facilitate the planning, preparing, and
financing of infrastructure projects in rural communities. 10 The program provides access to federal and
state infrastructure funding programs, including, but not limited to, those offered by the U.S.
Departments of Agriculture, and Commerce. 11 The program funds total infrastructure project grants,
infrastructure feasibility grants, and preclearance review grants.
DEO may award grants for up to 30 percent of the total infrastructure project cost. If an application is
for a catalyst site, 12 up to 40 percent of the total infrastructure project cost may be awarded. 13 Projects
must be related to specific job-creation or job-retention opportunities. Additionally, projects may include
improving any inadequate infrastructure that has resulted in regulatory action that prohibits economic or
community growth or reducing the costs to community users of proposed infrastructure improvements
that exceed such costs in comparable communities. 14
Eligible uses of funds include improvements to public infrastructure for industrial or commercial sites
and upgrades to or development of public tourism infrastructure. 15 Infrastructure can include public or
public-private partnership facilities, like storm water systems, telecommunication, broadband, roads,
and nature-based tourism. 16
The infrastructure feasibility grant provides awards of up to 30 percent of the total project costs for
infrastructure feasibility studies, design and engineering activities, or other infrastructure planning and
preparation activities. 17 Maximum awards are dependent on the number of jobs that a business
commits to create and may be up to $300,000 if the project is located in a RAO. The total project
participation grant may be used in conjunction with the infrastructure feasibility grant.
The preclearance review grant provides awards to help a local government participate in expedited
permitting processes through technical assistance in preparing permit applications and local
comprehensive plan amendments. 18 Grants may be used for surveys, feasibility studies, and other
activities related to the identification and preclearance review of land use modifications. Grants are
6
S. 288.018(2), F.S.
7
S. 288.018(1), F.S.
8 Id.
9
S. 288.018(4), F.S.
10
Sees. 288.0655, F.S.
11
S. 288.0655(2)(b), F.S.
12
S. 288.0656(2)(b ), F.S., defines "catalyst site" as a parcel or parcels of land within a rural area of opportunity that has been
prioritized as a geographic site for economic development through partnerships with state, regional, and local organizations. The site
must be reviewed by the rural economic development initiative and approved by DEO for the purposes of locating a catalyst project.
13
S. 288.0655(2)(b ), F.S.
14 Id
15 Id
16 Id.
17
S. 288.0655(2)(c), F.S.
18
S. 288.0655(2)(e), F.S. Expedited permitting is pursuant to s. 403.9739(18), F.S.
STORAGE NAME: h1139.WTS.D0CX PAGE: 3
DATE: 1/31/2020
limited to $75,000 and must be matched 50 percent with local funds. However, projects in a RAO may
receive up to $300,000 and must be matched 33 percent with local funds. 19
Grant applications are reviewed and certified by DEO in consultation with: Enterprise Florida, Inc.,
VISIT Florida, the Department of Environmental Protection, and the Florida Fish and Wildlife
Conservation Commission. Reviews include an evaluation of the economic benefit of the projects and
their long-term viability. 20
Effect of Proposed Changes
Regional Rural Development Grants Program
The bill amends the Regional Rural Development Grants Program to clarify how regional economic
development organizations may build their professional capacity, expand grant use for technical
assistance, increase the annual grant awards for regional economic development organizations, and
reduce match requirements. It also defines a "regional economic development organization" to mean
an economic development organization that is located in, or contracted to serve, a RAO.
One authorized use of the matching grant program is to build the professional capacity of regional
economic development organizations. The bill specifies that efforts to build professional capacity hiring
professional staff to develop, deliver, and provide needed economic development professional
services, including technical assistance, education and leadership development, marketing, and project
recruitment.
Regional economic development organizations may currently use grant funds to provide technical
assistance to businesses within rural counties and communities it serves. The bill expands this by
allowing technical assistance to local governments, local economic development organizations, and
existing and prospective businesses.
The bill increases the maximum annual grant award from $150,000 to $250,000 for any three regional
economic development organizations recognized by DEO as serving an entire region of a RAO. These
organizations are: Opportunity Florida, Florida's Heartland Regional Economic Development Initiative,
Inc., and North Florida Economic Development Partnership.
For organizations located in or contracted to serve a RAO, but not recognized as serving the entire
RAO, the bill reduces the maximum annual grant amount from $150,000 to $50,000.
Under the bill, any organizations that represent rural counties and communities, but are not located in
or serve a RAO, would not meet the definition of "regional economic development organizations" and
therefore would no longer be eligible to receive any grant funds.
The bill reduces the required match for a grant under this program to a 25% match of the state
contribution, instead of the current one-to-one match requirement.
The bill increases the amount that DEO may expend on the program each fiscal year, from $750,000 to
$1 million. These funds are from the funds appropriated to the Rural Community Development
Revolving Loan Fund.
Rural Infrastructure Fund
19
S. 288.0655(2)(e), F.S.
20
S. 288.0655(3), F.S.
STORAGE NAME: h 1139.WTS. DOCX PAGE: 4
DATE: 1/31/2020
The bill amends the Rural Infrastructure Fund by revising grant award percentages, expanding eligible
projects and uses to include broadband internet service, and requiring a review of the grant program
and procedures by a specific date.
Currently, grants awarded under the Rural Infrastructure Fund program are limited to 30 percent of the
total infrastructure project cost, or up to 40 percent if funding is for a catalyst site. The bill increases the
percentage for all grants awarded, including catalyst sites, to 50 percent of the total infrastructure
project cost.
The bill specifies that eligible projects may include improving certain inadequate infrastructure that
reduces costs to community users of proposed infrastructure improvements that exceeds costs in
comparable communities, and improving access to and the availability of broadband Internet service.
Further, eligible uses are expanded to include improvements to broadband Internet service and access
in unserved or underserved rural communities. These projects must be conducted through a
partnership or partnerships with one or more dealers of communications services 21 , established by a
publicly noticed and competitive selected process.
The bill requires DEO to reevaluate the Rural Infrastructure Fund application guidelines and criteria by
September 1, 2021. The review is to be done in consultation with Enterprise Florida, Inc., VISIT Florida,
the Department of Environmental Protection, and the Florida Fish and Wildlife Conservation
Commission and must include specific factors such as:
• the project's potential for enhanced job creation or increased capital investment;
• the demonstration and level of local public and private commitment;
• whether the project is located in a community development corporation service area or in an
urban high-crime area;
• the unemployment rate of the county the project would be located; and
• the poverty rate of the community.
Contracts or Agreements - Regional Rural Development Grants Program and Rural
Infrastructure Fund
The bill amends both the Regional Rural Development Grant Program and the Rural Infrastructure
Fund to include the same requirements for contracts or agreements that expend grant funds.
A contract or agreement that involves the expenditure of grant funds must include:
• The purpose of the contract or agreement.
• Specific performance standards and responsibilities for each entity under the agreement.
• A detailed project or contract budget, if applicable.
• The value of any services provided.
• The projected travel expenses for employees and board members, if applicable.
These required contract provisions apply to any contract or agreement that expends grant funds,
including any contract or agreement between another entity and a regional economic development
organization, a unit of local government, or an economic development organization substantially
underwritten by a unit of local government.
All contracts and agreements are required to be posted on the contracting regional economic
development organization's website at least 14 days before execution. However, specific contracts or
agreements that exceed $35,000 must be posted in "plain-language." This applies to a contract or
agreement with a private entity, a municipality, or a vendor of services, supplies, or programs, including
marketing, or for the purchase or lease or use of lands, facilities, or properties.
21
S. 202.11 (2), F .S., defines a "dealer" as a person registered with the Florida Department of Revenue as a provider of
communications services in this state.
STORAGE NAME: h1139.WTS.D0CX PAGE: 5
DATE: 1/31/2020
Additionally, the bill repeals obsolete language relating to enterprise zones and an appropriation for the
2019-20 fiscal year.
B. SECTION DIRECTORY:
Section 1: Amends subsections (1), (3), and (4) of s. 288.018, F.S., relating to the Regional Rural
Development Grants Program.
Section 2: Amends s. 288.0655, F.S., relating to the Rural Infrastructure Fund.
Section 3: Provides an effective date of July 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The expenditure authority of the Regional Rural Development Grant program is increased from
$750,000 to $1 million per fiscal year. However, the appropriation for the Rural Community
Development Revolving Loan Fund, which funds the grant program, is unchanged.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill reduces the required match under the Regional Rural Development Grant program to a 25
percent match of the state contribution, instead of the current one-to-one match requirement.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
STORAGE NAME: h1139.WTS.DOCX PAGE: 6
DATE: 1/31/2020
None.
B. RULE-MAKING AUTHORITY:
This bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h1139.WTS.D0CX PAGE: 7
DATE: 1/31/2020
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1139 2020
1 A bill to be entitled
2 An act relating to regional rural development grants;
3 amending s. 288.018, F.S.; defining the term "regional
4 economic development organization"; specifying the
5 duties of a regional economic development
6 organization; specifying authorized uses of matching
7 grants; increasing the maximum amount of annual grant
8 funding that specified economic development
9 organizations may receive; revising the required
10 amount of nonstate matching funds; requiring certain
11 information to be included in contracts or agreements
12 involving grant funds; specifying the information that
13 must be posted on a regional economic development
14 organizations website before execution of certain
15 contracts or agreements; deleting an obsolete
16 provision; increasing the amount of funds the
17 Department of Economic Opportunity may expend each
18 fiscal year from the Rural Community Development
19 Revolving Loan Fund for certain purposes; amending s.
20 288.0655, F.S.; increasing the maximum percent of
21 total infrastructure project costs for which the
22 department may award a grant; repealing a provision
23 addressing increased certain maximum percentages;
24 specifying that improving availability of broadband
25 Internet services is an eligible project for certain
Page 1 of 9
CODING: Words strioken are deletions; words underlined are additions.
hb1139-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1139 2020
26 grant funds; providing that grants for improvements to
27 broadband Internet service and access must be
28 conducted through certain partnerships; extending the
29 date by which the department is required to reevaluate
30 certain guidelines; requiring certain information to
31 be included in contracts or agreements involving grant
32 funds; specifying the information that must be posted
33 on a regional economic development organizations
34 website before execution of certain contracts or
35 agreements; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Subsections ( 1) , ( 3) , and ( 4) of section
40 288.018, Florida Statutes, are amended to read:
41 288.018 Regional Rural Development Grants Program.-
42 ( 1) (a) For the purposes of this section, the term
43 "regional economic development organization" means an economic
44 development organization located in or contracted to serve a
45 rural area of opportunity, as defined ins. 288.0656(2) (d).
46 J..el The department shall establish a matching grant
47 program to provide funding to regional regionally based economic
48 development organizations representing rural counties and
49 coffiffiunities for the purpose of building the professional
50 capacity of those their organizations. Building the professional
Page 2 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1139-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1139 2020
51 capacity of a regional economic development organization
52 includes hiring professional staff to develop, deliver, and
53 provide needed economic development professional services,
54 including technical assistance, education and leadership
55 development, marketing, and project recruitment. -&telt Matching
56 grants may also be used by a regional ttft economic development
57 organization to provide technical assistance to local
58 governments, local economic development organizations, and
59 existing and prospective businesses within the rural counties
60 and coffiffiunities that it serves.
61 (c) A regional economic development organization may apply
62 annually to the department for a matching grant. The department
63 is authorized to approve, on an annual basis, grants to such
64 regional regionally based economic development organizations.
65 The maximum amount an organization may receive in any year will
66 be $50,000, or $250,000 for any three regional economic
67 development organizations that serve an entire region of a rural
68 area of opportunity designated pursuant to s. 288.0656(7) if
69 they are recognized by the department as serving such a region.
70 (d) Grant funds received by a regional economic development
71 organization $150,000 in a rural area of opportunity recoffifflended
72 by the Rural Economic Development Initiative and designated by
73 the Governor, and must be matched each year by an equivalent
74 amount of nonstate resources in an amount equal to 25 percent of
75 the state contribution.
Page 3 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1139-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1139 2020
76 (3) (a) A contract or agreement that involves the
77 expenditure of grant funds provided under this section,
78 including a contract or agreement entered into between another
79 entity and a regional economic development organization, a unit
80 of local government, or an economic development organization
81 substantially underwritten by a unit of local government, must
82 include:
83 1. The purpose of the contract or agreement.
84 2. Specific performance standards and responsibilities for
85 each entity under the contract or agreement.
86 3. A detailed project or contract budget, if applicable.
87 4. The value of any services provided.
88 5. The projected travel expenses for employees and board
89 members, if applicable.
90 (b) At least 14 days before executing a contract or
91 agreement, the contracting regional economic development
92 organization shall post on its website:
93 1. Any contract or agreement that involves the expenditure
94 of grant funds provided under this section.
95 2. A plain-language version of any contract or agreement
96 that is estimated to exceed $35,000 with a private entity, a
97 municipality, or a vendor of services, supplies, or programs,
98 including marketing, or for the purchase or lease or use of
99 lands, facilities, or properties which involves the expenditure
100 of grant funds provided under this section and which is
Page 4 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1139-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1139 2020
101 estimated to exceed $35,000 The department may also contract for
102 the development of an enterprise zone web portal or websites for
103 each enterprise zone which will be used to market the program
104 for job creation in disadvantaged urban and rural enterprise
105 zones. Each enterprise zone web page should include downloadable
106 links to state forms and information, as well as local message
107 boards that help businesses and residents receive information
108 concerning zone boundaries, job openings, zone programs, and
109 neighborhood improvement activities.
110 (4) The department may expend up to $1 million $750,000
111 each fiscal year from funds appropriated to the Rural Community
112 Development Revolving Loan Fund for the purposes outlined in
113 this section. The department may contract with Enterprise
114 Florida, Inc., for the administration of the purposes specified
115 in this section. Funds released to Enterprise Florida, Inc., for
116 this purpose shall be released quarterly and shall be calculated
117 based on the applications in process.
118 Section 2. Subsection (5) of section 288.0655, Florida
119 Statutes, is renumbered as subsection (6), paragraph (b) of
120 subsection (2), subsection (4), and present subsection (6) are
121 amended, and a new subsection (5) is added to that section, to
122 read:
123 288.0655 Rural Infrastructure Fund.-
124 (2)
125 (b} To facilitate access of rural communities and rural
Page 5 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1139-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1139 2020
126 areas of opportunity as defined by the Rural Economic
127 Development Initiative to infrastructure funding programs of the
128 Federal Government, such as those offered by the United States
129 Department of Agriculture and the United States Department of
130 Commerce, and state programs, including those offered by Rural
131 Economic Development Initiative agencies, and to facilitate
132 local government or private infrastructure funding efforts, the
133 department may award grants for up to 50 -3-8- percent of the total
134 infrastructure project cost. If an application for funding is
135 for a catalyst site, as defined ins. 288.0656, the department
136 may award grants for up to 40 percent of the total
137 infrastructure project cost. Eligible projects must be related
138 to specific job-creation or job-retention opportunities.
139 Eligible projects may also include improving any inadequate
140 infrastructure that has resulted in regulatory action that
141 prohibits economic or community growthL -e-r reducing the costs to
142 community users of proposed infrastructure improvements that
143 exceed such costs in comparable communities, and improving
144 access to and the availability of broadband Internet service.
145 Eligible uses of funds shall include improvements to public
146 infrastructure for industrial or commercial sites, upgrades to
147 or development of public tourism infrastructure, and
148 improvements to broadband Internet service and access in
149 unserved or underserved rural communities. Improvements to
150 broadband Internet service and access must be conducted through
Page 6 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1139-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1139 2020
151 a partnership or partnerships with one or more dealers of
152 communications services, as defined ins. 202.11(2), and the
153 partnership or partnerships must be established by a publicly
154 noticed and competitively selected process and upgrades to or
155 development of public tourism infrastructure. Authorized
156 infrastructure may include the following public or public-
157 private partnership facilities: storm water systems;
158 telecommunications facilities; broadband facilities; roads or
159 other remedies to transportation impediments; nature-based
160 tourism facilities; or other physical requirements necessary to
161 facilitate tourism, trade, and economic development activities
162 in the community. Authorized infrastructure may also include
163 publicly or privately owned self-powered nature-based tourism
164 facilities, publicly owned telecommunications facilities, and
165 broadband facilities, and additions to the distribution
166 facilities of the existing natural gas utility as defined ins.
167 366.04(3) (c), the existing electric utility as defined ins.
168 366.02, or the existing water or wastewater utility as defined
169 ins. 367.021(12), or any other existing water or wastewater
170 facility, which owns a gas or electric distribution system or a
171 water or wastewater system in this state where:
172 1. A contribution-in-aid of construction is required to
173 serve public or public-private partnership facilities under the
174 tariffs of any natural gas, electric, water, or wastewater
175 utility as defined herein; and
Page 7 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1139-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1139 2020
176 2. Such utilities as defined herein are willing and able
177 to provide such service.
178 (4) By September 1, 2021 ~ ' the department shall, in
179 consultation with the organizations listed in subsection (3),
180 and other organizations, reevaluate existing guidelines and
181 criteria governing submission of applications for funding,
182 review and evaluation of such applications, and approval of
183 funding under this section. The department shall consider
184 factors including, but not limited to, the project's potential
185 for enhanced job creation or increased capital investment, the
186 demonstration and level of local public and private commitment,
187 whether the project is located in an enterprise zone, in a
188 community development corporation service area, or in an urban
189 high-crime area as designated under s. 212.097, the unemployment
190 rate of the county in which the project would be located, and
191 the poverty rate of the community.
192 (5) (a) A contract or agreement that involves the
193 expenditure of grant funds provided under this section,
194 including a contract or agreement entered into between another
195 entity and a regional economic development organization, a unit
196 of local government, or an economic development organization
197 substantially underwritten by a unit of local government, must
198 include:
199 1. The purpose of the contract or agreement.
200 2. Specific performance standards and responsibilities for
Page 8 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1139-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1139 2020
2 01 each entity.
202 3. A detailed project or contract budget, if applicable.
203 4. The value of any services provided.
204 5. The projected travel expenses for employees and board
205 members, if applicable.
206 (b) At least 14 days before execution, the contracting
207 regional economic development organization shall post on its
208 website:
209 1. Any contract or agreement that involves the expenditure
210 of grant funds provided under this section.
211 2. A plain-language version of a contract or agreement that
212 is estimated to exceed $35,000 with a private entity, a
213 municipality, or a vendor of services, supplies, or programs,
214 including marketing, or for the purchase or lease or use of
215 lands, facilities, or properties which involves the expenditure
216 of grant funds provided under this section.
217 (6) For the 2019 2020 fiscal year, the funds appropriated
218 for the grant program for Florida Panhandle counties shall be
219 distributed pursuant to and for the purposes described in the
220 proviso language associated with Specific Appropriation 2314 of
221 the 2019 2020 General Appropriations Act. This subsection
222 expires July 1, 2020.
223 Section 3. This act shall take effect July 1, 2020.
Page 9 of 9
CODING: Words strioken are deletions; words underlined are additions.
hb1139-00
:c
CD
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1253 Employer Contributions
SPONSOR(S): McClure
TIED BILLS: IDEN./SIM. BILLS: SB 1356
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Workforce Development & Tourism
Subcommittee
Willson l'tV Barry t\1~
2) Ways & Means Committee
3) Commerce Committee
SUMMARY ANALYSIS
Florida's reemployment assistance program offers temporary, partial wage replacement to qualified individuals
who lose their jobs through no fault of their own. Employers fund the state's reemployment assistance program
through taxes on their businesses. Tax rates are impacted by the employment record of the individual business
and amount of money available in the fund, among other factors.
An employer's contributions are equal to a percentage of its wages paid for employment. The standard rate of
contributions payable is 5.4%, which is also the maximum allowable tax rate under current law. New employers
are liable to pay an initial contribution of 2. 7%, which remains in effect until the employer has made
contributions for at least eight consecutive quarters.
An employer with record of at least eight quarters of contributions may be eligible to receive a variable tax rate.
Variable tax rates are adjusted annually and are based on the employer's benefit experience, the balance of
the Trust Fund, and other adjustment factors. The variable rates range from 5.4% to the minimum allowable
tax rate, which varies annually but can never be less than 0.1 %.
Under current law, a negative adjustment factor is required if the balance of the Trust Fund is greater than 5%
of the taxable payrolls. A negative adjustment factor remains in effect until the balance of the Trust Fund is less
than 5%, but more than 4%, of the total taxable payroll for the previous year. A positive adjustment factor is
required if the balance of the Trust Fund is less than 5% of the taxable payrolls. A positive adjustment factor
remains in effect until the trust fund balance equals or exceeds 4% of the total taxable payroll for the previous
year.
The bill reduces the initial rate for unemployment contributions, from 2. 7% to 1.0%, for tax rates effective on or
after January 1, 2021, so long as the balance in the Unemployment Compensation Trust Fund does not require
the computation of a positive adjustment factor for that year.
See Fiscal Analysis section for an estimate of the fiscal impact of the bill.
The bill has an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1253.WTS.DOCX
DATE: 1/27/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A EFFECT OF PROPOSED CHANGES:
Present Situation
Reemployment Assistance Program
The federal Unemployment Insurance Program provides unemployment benefits to eligible workers
who are unemployed through no fault of their own and who meet the requirements of state law. The
program is administered as a partnership of the federal government and the states. The individual
states collect unemployment compensation payroll taxes on a quarterly basis, which are used to pay
benefits. Subject to the approval of the United States Department of Labor (USDOL}, each state also
sets tax rates, benefit levels, and trust fund balances based on the state's needs. 1
The Internal Revenue Service collects an annual federal payroll tax under the Federal Unemployment
Tax Act (FUTA}, 2 used to provide grants to the states to fund costs associated with program
administration and job service programs. 3 In addition to FUTA, Florida employers are required to pay a
state tax on the first $7,000 of each employee's annual income, which is deposited into Florida's
Unemployment Compensation Trust Fund (Trust Fund}, an account used to pay unemployment
compensation benefits.
Florida's unemployment insurance program was created by the Legislature in 1937, 4 and was
rebranded as the "Reemployment Assistance Program" in 2012. 5 The Department of Economic
Opportunity (DEO) is responsible for administering the program and determining the calculation and
payment of reemployment assistance (RA) benefits to eligible claimants. The Reemployment
Assistance Program supports reemployment services through local One-Stop Career Centers located
throughout the state. Department of Revenue (DOR) provides tax collection services on behalf of DEO
and deposits the taxes into the state's Trust Fund. 6 The Trust Fund is used solely for the purpose of
paying benefits to eligible claimants.7
State Reemployment Tax
Florida employers are required to pay the state reemployment tax as a cost of doing business. Workers
do not pay any part of the Florida reemployment tax and employers must not make payroll deductions
for this purpose. Employers with stable employment records receive credit in reduced tax rates after a
qualifying period. Employers must file quarterly reports and pay taxes within one month following after
the close of each quarter. New businesses are required to report initial employment information in the
month following the calendar quarter in which employment begins. DOR reviews the reports and makes
a determination of whether the business is liable to pay reemployment taxes. 8
1 USDOL, Employment and Training Administration, State Unemployment Insurance Benefits,
http://workforcesecurity.doleta.gov/unemploy/uifactsheet.asp (last visited Jan. 28, 2020).
2
26 U.S.C. 3301-3311.
3
FUTA also pays one-half the cost of extended unemployment benefits (during periods of high unemployment) and provides for a
fund from which states may borrow, ifnecessary, to pay benefits. See USDOL, Employment and Training Administration,
Unemployment Insurance Tax Topic, available at http://workforcesecurity.doleta.gov/unemploy/uitaxtopic.asp (last visited Jan. 29,
2020).
4
Ch. 18402, Laws of Fla.
5
Ch. 2012-30, Laws of Fla.
6
S. 443.1316, F.S.
7
Ss. 443.131 and443.191, F.S.
8
DOR, Employer Guide to Reemployment Tax, available at http://floridarevenue.com/Forms library/current/rt800002.pdf (last visited
Jan. 29, 2020).
STORAGE NAME: h1253.WTS.DOCX PAGE: 2
DATE: 1/27/2020
Generally, a business is liable to pay state reemployment tax if in the current or preceding calendar
year, the employer:
• Paid more than $1,500 in quarterly wages in a calendar year;
• Had at least one employee for any portion of a day during any 20 weeks in a calendar year; or
• Is liable under the FUTA as a result of employment in another state. 9
Florida law also specifies separate liability requirements for agricultural and domestic employers,
nonprofit organizations, governmental agencies, and Indian tribes. 10 Businesses that are otherwise not
subject to reemployment taxation may opt to voluntarily pay into the Trust Fund for coverage for their
employees. 11
An employer's contributions are equal to a percentage of its wages paid for employment. 12 The
standard rate of contributions payable is 5.4%, 13 which is also the maximum allowable tax rate under
current law. 14 New employers are liable to pay an initial contribution of 2.7%, which remains in effect
until the employer has made contributions for at least eight consecutive quarters. 15
An employer with record of at least eight quarters of contributions may be eligible to receive a variable
tax rate. Variable tax rates are adjusted annually and are based on the employer's benefit experience,
the balance of the Trust Fund, and other adjustment factors. The variable rates range from 5.4% to the
minimum allowable tax rate, which varies annually but can never be less than 0.1 %. 16
An employer's benefit experience rating is based on a comparison of the previous 12 consecutive
quarters of the employer's employment records in relation to the records of all other employers. 17 The
benefit ratio divides the benefits charged during the previous three years by the taxable wages during
the same timeframe. The purpose of using the experience rating to determine reemployment tax rates
is to stabilize the Trust Fund at a percentage of the taxable payrolls reported by all employers and to
ensure employers are required to pay a fair share. When an eligible claimant collects RA benefits, an
employer is "charged" and the employer will likely see an increased tax rate. Additionally, any employer
who has been billed for an outstanding tax debt for one year or longer is assigned a penalty tax rate of
5.4%.
Florida Unemployment Compensation Trust Fund
Economic conditions resulting in abnormally high unemployment accompanied by high benefit charges
can cause a severe drain on the Trust Fund. This effect triggers the positive fund balance adjustment
factor, which consequently increases tax rates for all employers. Conversely, when unemployment and
benefit charges are low, the negative fund balance adjustment factor triggers, and tax rates for
employers are reduced accordingly. 18
9 S. 443.1215, F.S.
10
See generally ch. 443, F.S.
11
If an employer voluntarily provides coverage, the employer must report wages and pay reemployment taxes for a minimum of one
calendar year. S. 443.121(3), F.S.
12
Employers are required to pay taxes on the first $7,000 of each employee's wages. S. 443.1217(2), F.S.
13
S. 443.131(2)(c), F.S.
14
Sees. 443.131(2)(e), F.S
15
S. 443.131(2)(a), F.S.
16
The final adjustment factor spreads costs not included in the variable adjustment factor to all employers whose rates are not at the
initial or maximum rate. The final adjustment factor determines the minimum tax rate for the year.
17
Employers that paid the initial tax rate for at least eight consecutive quarters may also be assigned a benefit ratio, which requires a
separate calculation to be computed by DOR.
18
During the years of2010-2014, the Legislature made efforts to temporarily increased the tax wage base from $7,000 to $8,500,
increased the trigger for the positive adjustment factor from 3.7% to 4%, and reduced the trigger for the negative adjustment factor
from 4.7% to 5%. The Legislature also reduced the tax wage base and the adjustment factor triggers as the economy stabilized. See
Ch. 2009-99, Laws ofFla., Ch. 2010-1, Laws of Fla., Ch. 2011-235, Laws ofFla., and Ch. 2012-30, Laws ofFla.
STORAGE NAME: h1253.WTS.DOCX PAGE: 3
DATE: 1/27/2020
Under current law, a negative adjustment factor is required if the balance of the Trust Fund is greater
than 5% of the taxable payrolls. A negative adjustment factor remains in effect until the balance of the
Trust Fund is less than 5%, but more than 4%, of the total taxable payroll for the previous year. 19 A
positive adjustment factor is required if the balance of the Trust Fund is less than 5% of the taxable
payrolls. A positive adjustment factor remains in effect until the trust fund balance equals or exceeds
°
4% of the total taxable payroll for the previous year. 2 Florida's Unemployment Compensation Trust
Fund held a balance greater than $4.08 billion at the close of the third quarter in 2019. 21
Employee Leasing Companies
Employee Leasing Companies (ELG) are regulated by part XI of ch. 468, F.S., and the Board of
Employee Leasing Companies under Florida Department of Business and Professional Regulation
(DBPR). Generally, 'employee leasing' means an arrangement whereby a leasing company assigns its
employees to a client and allocates the direction of and control over the leased employees between the
leasing company and the client, with exceptions.
A newly licensed ELG has 30 days from the date of licensure by the Florida Department of Business
and Professional Regulation (DBPR) to make an election with DOR to report and pay reemployment
tax using the tax rate for each client. This is called the client method. The tax rate used will be based
upon the wage and benefit history the client has earned under the ELG. If the client has no wage and
benefit history under the ELG, the client will have the initial rate of 0.0270 (2.7%). A separate
reemployment tax account number will be assigned by DOR under the Federal Employer Identification
Number (FEIN) of the ELG for each client company. 22
This one-time election by an ELG is binding on all current and future clients. A newly licensed ELG that
does not timely notify DOR in writing of its election to use the client method must report all leased and
internal employees under its own reemployment tax account number and tax rate. 23
Effect of the Bill
The bill amends s. 443.1216(1)(a)2.a.(ll)(C), F.S., reducing the initial rate at which an ELG must pay
unemployment contributions for a client company under the client method, from 2.7% to 1.0%. The bill
applies only to tax rates effective on or after January 1, 2021, so long as the balance in the
Unemployment Compensation Trust Fund does not require the computation of a positive adjustment
factor for that year.
The bill amends s. 443.131 (2)(a), F.S., reducing the initial rate at which an employer must pay
unemployment contributions from 2.7% to 1.0%. The bill applies only to tax rates effective on or after
January 1, 2021, so long as the balance in the Unemployment Compensation Trust Fund does not
require the computation of a positive adjustment factor for that year.
The bill provides for an effective date of July 1, 2020.
B. SECTION DIRECTORY:
Section 1 Amends s. 443.1216, F.S., reducing the initial rate that certain client companies of
employee leasing companies must pay under specified circumstances.
19
S. 443.131(3)(e), F.S.
20
See s. 443 .131 (3)( e ), F .S.
21
U.S. Dept. of Labor, Financial Information by State for CYQ- 2019.3
https://oui.doleta.gov/unemploy/data summary/SummaryTables.pdf(last visited Jan. 29, 2020).
22
DOR, Reemployment Tax for Professional Employer Organizations, https://floridarevenue.com/taxes/taxesfees/Pages/rt elc.aspx
(last visited Jan. 29, 2020).
n Id.
STORAGE NAME: h1253.WTS.DOCX PAGE: 4
DATE: 1/27/2020
Section 2 Amends s. 443.131, F.S.; requiring the tax collection service provider to adjust the initial
employer contribution rate under certain circumstances.
Section 3 Provides for an effective date.
11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments, below.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
According to DEO, a reduction of the initial tax rate from 2.7% to 1.0% would result in a total savings for
new contributory employers of $66.3 million annually, or $119 per employee per year. 24
D. FISCAL COMMENTS:
The Revenue Estimating Conference scored CS/SB 1356 on January 31, 2020, 25 and provided the
following: Florida employers paid $498.2 million of Reemployment Assistance into the RA trust fund in
FY 2018-19. Currently, due to the size of the trust fund, there are negative adjustment factors
calculated to the rates employers pay. The Department of Revenue provided historical data for RA
taxes paid by employers subject to the current 2. 7% initial rate (with fewer than eight chargeable
quarters). Based on the data, new employers (with fewer than eight chargeable quarters), subject to the
2.7% initial rate, paid $184.8 million in FY 2018-19. If these employers are charged the proposed 1%
initial rate, they would have paid $68.9 million for the same period, a savings of $117 million to those
employers. This amounts to 0.2% of taxable wages. There are approximately 150,000 employers that
paid the 2.7% rate in FY 2018-19. As a result, RA tax collections and the trust fund balance would have
decreased by that amount. Rates to all other employers (earned rate employers) would have remained
the same in the first year. This will be the impact in the first year of implementation.
In future years, the decrease in the fund balance may feed through into the calculation of earned rates
for employers and earned rates for the remaining employers may potentially increase, all else being
equal.
24
Email from J.P. Bell, Legislative and Cabinet Affairs Coordinator, Dept. of Economic Opportunity, DEO one pagers (Jan. 21,
2020).
25
Revenue Estimating Impact Conference, 1/31120 Revenue Impact Results, pp. 337-340,
http://edr.state.fl.us/Content/conferences/revenueimpact/archives/2020/ pdf/ImpactO 131.pdf (last visited Jan. 31, 2020).
STORAGE NAME: h1253.WTS.D0CX PAGE: 5
DATE: 1/27/2020
Section 5: Consensus Estimate (Adopted: 01/31/2020): The Conference adopted the proposed impact with an adjustment for a
feedback affect, reaching the full feedback affect impact in FY 2022-23.
GR Trust Local/Other Total
Cash Recurring Cash Recurring Cash Reaming Cash Recurring
2020-21 0.0 0.0 (117.0) (87.8) 0.0 0.0 (117.0) (87.8)
2021-22 0.0 0.0 (96.4) {87.8) 0.0 0.0 (96.4) (87.8)
2022-23 0.0 0.0 (87.8) (87.8) 0.0 0.0 (87.8) (87.8)
2023-24 0.0 0.0 (87.8) (87.8) 0.0 0.0 (87.8) (87.8)
2024-25 0.0 0.0 (87.8) (87.8) 0.0 0.0 (87.8) (87.8)
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h1253.WTS.D0CX PAGE: 6
DATE: 1/27/2020
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1253 2020
1 A bill to be entitled
2 An act relating to employer contributions; amending s.
3 443.1216, F.S.; reducing the initial rate that certain
4 client companies of employee leasing companies must
5 pay under specified circumstances; amending s.
6 443.131, F.S.; requiring the tax collection service
7 provider to adjust the initial employer contribution
8 rate under certain circumstances; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (a) of subsection (1) of section
14 443.1216, Florida Statutes, is amended to read:
15 443.1216 Employment.-Employment, as defined ins. 443.036,
16 is subject to this chapter under the following conditions:
17 ( 1) (a) The employment subject to this chapter includes a
18 service performed, including a service performed in interstate
19 commerce, by:
20 1. An officer of a corporation.
21 2. An individual who, under the usual common-law rules
22 applicable in determining the employer-employee relationship, is
23 an employee. However, whenever a client, as defined ins.
24 443.036(18), which would otherwise be designated as an employing
25 unit has contracted with an employee leasing company to supply
Page 1 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb1253-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1253 2020
26 it with workers, those workers are considered employees of the
27 employee leasing company. An employee leasing company may lease
28 corporate officers of the client to the client and other workers
29 to the client, except as prohibited by regulations of the
30 Internal Revenue Service. Employees of an employee leasing
31 company must be reported under the employee leasing company's
32 tax identification number and contribution rate for work
33 performed for the employee leasing company.
34 a. However, except for the internal employees of an
35 employee leasing company, each employee leasing company may make
36 a separate one-time election to report and pay contributions
37 under the tax identification number and contribution rate for
38 each client of the employee leasing company. Under the client
39 method, an employee leasing company choosing this option must
40 assign leased employees to the client company that is leasing
41 the employees. The client method is solely a method to report
42 and pay unemployment contributions, and, whichever method is
43 chosen, such election may not impact any other aspect of state
44 law. An employee leasing company that elects the client method
45 must pay contributions at the rates assigned to each client
46 company.
47 (I) The election applies to all of the employee leasing
48 company's current and future clients.
49 (II) The employee leasing company must notify the
50 Department of Revenue of its election by July 1, 2012, and such
Page 2 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb1253-00
F,LORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1253 2020
51 election applies to reports and contributions for the first
52 quarter of the following calendar year. The notification must
53 include:
54 (A) A list of each client company and the unemployment
55 account number or, if one has not yet been issued, the federal
56 employment identification number, as established by the employee
57 leasing company upon the election to file by client method;
58 (B) A list of each client company's current and previous
59 employees and their respective social security numbers for the
60 prior 3 state fiscal years or, if the client company has not
61 been a client for the prior 3 state fiscal years, such portion
62 of the prior 3 state fiscal years that the client company has
63 been a client must be supplied;
64 (C) The wage data and benefit charges associated with each
65 client company for the prior 3 state fiscal years or, if the
66 client company has not been a client for the prior 3 state
67 fiscal years, such portion of the prior 3 state fiscal years
68 that the client company has been a client must be supplied. If
69 the client company's employment record is chargeable with
70 benefits for less than 8 calendar quarters while being a client
71 of the employee leasing company, the client company must pay
72 contributions at the initial rate of 2.7 percent. For tax rates
73 effective on or after January 1, 2021, if the client company's
74 employment record is chargeable with benefits for less than 8
75 calendar quarters while being a client of the employee leasing
Page 3 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb1253-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1253 2020
76 company, the client company must pay contributions at the
77 initial rate of 1.0 percent. However, the tax collection service
78 provider may not adjust the initial rate for any year in which
79 the balance in the Unemployment Compensation Trust Fund requires
80 the computation of a positive adjustment factor under s.
81 4 4 3. 131 ( 3) ( e) 2. a. (III) ; and
82 (D) The wage data and benefit charges for the prior 3
83 state fiscal years that cannot be associated with a client
84 company must be reported and charged to the employee leasing
85 company.
86 (III) Subsequent to choosing the client method, the
87 employee leasing company may not change its reporting method.
88 (IV) The employee leasing company shall file a Florida
89 Department of Revenue Employer's Quarterly Report for each
90 client company by approved electronic means, and pay all
91 contributions by approved electronic means.
92 (V) For the purposes of calculating experience rates when
93 the client method is chosen, each client's own benefit charges
94 and wage data experience while with the employee leasing company
95 determines each client's tax rate where the client has been a
96 client of the employee leasing company for at least 8 calendar
97 quarters before the election. The client company shall continue
98 to report the nonleased employees under its tax rate.
99 (VI) The election is binding on each client of the
100 employee leasing company for as long as a written agreement is
Page 4 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb1253-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1253 2020
101 in effect between the client and the employee leasing company
102 pursuant to s. 4 68. 525 ( 3) (a) . If the relationship between the
103 employee leasing company and the client terminates, the client
104 retains the wage and benefit history experienced under the
105 employee leasing company.
106 (VII) Notwithstanding which election method the employee
107 leasing company chooses, the applicable client company is an
108 employing unit for purposes of s. 443.071. The employee leasing
109 company or any of its officers or agents are liable for any
110 violation of s. 443.071 engaged in by such persons or entities.
111 The applicable client company or any of its officers or agents
112 are liable for any violation of s. 443.071 engaged in by such
113 persons or entities. The employee leasing company or its
114 applicable client company is not liable for any violation of s.
115 443.071 engaged in by the other party or by the other party's
116 officers or agents.
117 (VIII) If an employee leasing company fails to select the
118 client method of reporting not later than July 1, 2012, the
119 entity is required to report under the employee leasing
120 company's tax identification number and contribution rate.
121 (IX) After an employee leasing company is licensed
122 pursuant to part XI of chapter 468, each newly licensed entity
123 has 30 days after the date the license is granted to notify the
124 tax collection service provider in writing of their selection of
125 the client method. A newly licensed employee leasing company
Page 5 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb1253-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1253 2020
126 that fails to timely select reporting pursuant to the client
127 method of reporting must report under the employee leasing
128 company's tax identification number and contribution rate.
129 (X) Irrespective of the election, each transfer of trade
130 or business, including workforce, or a portion thereof, between
131 employee leasing companies is subject to the provisions of s.
132 443.131(3) (g) if, at the time of the transfer, there is common
133 ownership, management, or control between the entities.
134 b. In addition to any other report required to be filed by
135 law, an employee leasing company shall submit a report to the
136 Labor Market Statistics Center within the Department of Economic
137 Opportunity which includes each client establishment and each
138 establishment of the leasing company, or as otherwise directed
139 by the department. The report must include the following
140 information for each establishment:
141 (I) The trade or establishment name;
142 (II) The former reemployment assistance account number, if
143 available;
144 (III) The former federal employer's identification number,
145 if available;
146 (IV) The industry code recognized and published by the
147 United States Office of Management and Budget, if available;
148 (V) A description of the client's primary business
149 activity in order to verify or assign an industry code;
150 (VI) The address of the physical location;
Page 6 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb1253-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1253 2020
151 (VII) The number of full-time and part-time employees who
152 worked during, or received pay that was subject to reemployment
153 assistance taxes for, the pay period including the 12th of the
154 month for each month of the quarter;
155 (VIII) The total wages subject to reemployment assistance
156 taxes paid during the calendar quarter;
157 (IX) An internal identification code to uniquely identify
158 each establishment of each client;
159 (X) The month and year that the client entered into the
160 contract for services; and
161 (XI) The month and year that the client terminated the
162 contract for services.
163 c. The report must be submitted electronically or in a
164 manner otherwise prescribed by the Department of Economic
165 Opportunity in the format specified by the Bureau of Labor
166 Statistics of the United States Department of Labor for its
167 Multiple Worksite Report for Professional Employer
168 Organizations. The report must be provided quarterly to the
169 Labor Market Statistics Center within the department, or as
170 otherwise directed by the department, and must be filed by the
171 last day of the month immediately after the end of the calendar
172 quarter. The information required in sub-sub-subparagraphs b. (X)
173 and (XI) need be provided only in the quarter in which the
174 contract to which it relates was entered into or terminated. The
175 sum of the employment data and the sum of the wage data in this
Page 7 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb1253-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1253 2020
176 report must match the employment and wages reported in the
177 reemployment assistance quarterly tax and wage report.
178 d. The department shall adopt rules as necessary to
179 administer this subparagraph, and may administer, collect,
180 enforce, and waive the penalty imposed bys. 443.141(1) (b) for
181 the report required by this subparagraph.
182 e. For the purposes of this subparagraph, the term
183 "establishment'' means any location where business is conducted
184 or where services or industrial operations are performed.
185 3. An individual other than an individual who is an
186 employee under subparagraph 1. or subparagraph 2., who performs
187 services for remuneration for any person:
188 a. As an agent-driver or commission-driver engaged in
189 distributing meat products, vegetable products, fruit products,
190 bakery products, beverages other than milk, or laundry or
191 drycleaning services for his or her principal.
192 b. As a traveling or city salesperson engaged on a full-
193 time basis in the solicitation on behalf of, and the
194 transmission to, his or her principal of orders from
195 wholesalers, retailers, contractors, or operators of hotels,
196 restaurants, or other similar establishments for merchandise for
197 resale or supplies for use in the business operations. This sub-
198 subparagraph does not apply to an agent-driver or a commission-
199 driver and does not apply to sideline sales activities performed
200 on behalf of a person other than the salesperson's principal.
Page 8 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb1253-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1253 2020
201 4. The services described in subparagraph 3. are
202 employment subject to this chapter only if:
203 a. The contract of service contemplates that substantially
204 all of the services are to be performed personally by the
205 individual;
206 b. The individual does not have a substantial investment
207 in facilities used in connection with the services, other than
208 facilities used for transportation; and
209 c. The services are not in the nature of a single
210 transaction that is not part of a continuing relationship with
211 the person for whom the services are performed.
212 Section 2. Paragraph (a) of subsection (2) of section
213 443.131, Florida Statutes, is amended to read:
214 443.131 Contributions.-
215 (2) CONTRIBUTION RATES.-Each employer must pay
216 contributions equal to the following percentages of wages paid
217 by him or her for employment:
218 (a) Initial rate.-Each employer whose employment record is
219 chargeable with benefits for less than 8 calendar quarters shall
220 pay contributions at the initial rate of 2.7 percent. For tax
221 rates effective on or after January 1, 2021, the tax collection
222 service provider shall adjust the initial rate to 1.0 percent
223 for each employer whose employment record is chargeable with
224 benefits for less than 8 calendar quarters. However, the tax
225 collection service provider may not adjust the initial rate for
Page 9 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb1253-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1253 2020
226 any year in which the balance in the Unemployment Compensation
227 Trust Fund requires the computation of a positive adjustment
228 factor under sub-sub-subparagraph (3) (e)2.a. (III).
229 Section 3. This act shall take effect July 1, 2020.
Page 10 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb1253-00
:::c:
-
tD
N
CD
......
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1297 Drug-free Workplaces
SPONSOR(S): Robinson
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Workforce Development & Tourism
Subcommittee
Willson Mw Barry v\1J~
2) Appropriations Committee
3) Commerce Committee
SUMMARY ANALYSIS
Currently, an employer subject to the Workers' Compensation Law who implements a drug-free workforce
program pursuant to s. 440.102, F.S., is eligible for a workers' compensation insurance discount of up to 5
percent. If an employee in such a program tests positive for drugs or alcohol, the employee may be terminated,
and forfeits his or her eligibility for medical and indemnity benefits.
The bill makes a number of changes to the drug-free workplace program, including:
• Amends the definition of "drug" to include substances named in state and federal law;
• Adds additional certification requirements for drug tests and specimens;
• Removes a requirement that an employee be provided a form on which to note medications, which must be
taken into account in interpreting drug tests;
• Replaces a list of professions qualified to collect specimens with a requirement that such persons meet
qualification standards set by specified federal agencies;
• Requires specimens from positive tests to be preserved for one year after the confirmation test was
conducted, instead of 210 days after result was mailed;
• Shortens from 180 to 60 days after notification of a positive result the period during which an employee
may have a specimen retested;
• Requires that drug-screening tests meet specified standards;
• Increases the required frequency of followup drug testing from at least once a year for a two-year period to
at least six times in the first year and up to two times in the second year.
The bill appears to have no fiscal impact on state or local government.
The bill provides an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1297.WTS.D0CX
DATE: 2/1/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Drug-Free Workplace Program for Workers' Compensation Employers
The Workers' Compensation Law in ch. 440, F.S., includes provisions that incentivize drug-free
workplaces, and sets out the notice, educational, and procedural requirements that an employer must
follow to implement the employee and applicant drug testing that is a component of such workplaces. 1
If an employer implements a drug-free workplace program that conforms to applicable law and rules,
the employer is eligible for workers' compensation and employer's liability insurance discounts2 of up to
five percent, 3 and the employer may require an employee to submit to a test for the presence of drugs
or alcohol. If an employee in a drug-free workplace program tests positive for drugs or alcohol, the
employee may be terminated, and forfeits his or her eligibility for medical and indemnity benefits. 4
For the purposes of the drug-free workplace program under s. 440.102, F.S.:
• "Drug" means alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating liquor;
an amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen; methaqualone;
an opiate; a barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite
of any of the substances listed in this paragraph.
• "Drug test" or "test" means any chemical, biological, or physical instrumental analysis
administered, by a laboratory certified by the U.S. Department of Health and Human Services or
licensed by the Agency for Health Care Administration (AHCA), for the purpose of determining
the presence or absence of a drug or its metabolites.
• "Employer" means a person or entity that employs a person and that is covered by the Workers'
Compensation Law.
• "Specimen" means tissue, hair, or a product of the human body capable of revealing the
presence of drugs or their metabolites, as approved by the U.S. Food and Drug Administration
or the AHCA. 5
Prior to testing, an employer must give all employees and applicants for employment a written policy
statement that contains certain information, including:
• The employer's policy on employee drug use,
• The consequences of refusing to submit to a drug test, and
• A list of all drugs for which the employer will test, described by brand, common and chemical
name.
An employer must include notice of drug testing on vacancy announcements for positions for which
drug testing is required. 6
An employer is required to conduct job applicant, reasonable-suspicion, and routine fitness-for-duty
drug testing. If an employee in the course of employment enters an employee assistance program for
1 See ss. 440.101 and 440.102, F.S.
2
S. 440.102(2), F.S. Sees. 627.0915, F.S., providing that the Office of Insurance Regulation must approve rating plans
for workers' compensation and employers' liability insurance that give specific identifiable consideration in the setting of
rates to employers that implement a drug-free workplace program pursuant to s. 440.102 F.S., and attendant rules.
3 R. 69L-5.220, F.A.C.
4 S. 440.101 (2), F .S.
5 S. 440.102(1), F.S.
6 S. 440.102(3)(c), F.S.
STORAGE NAME: h1297.WTS.D0CX PAGE: 2
DATE: 2/1/2020
drug-related problems, or a drug rehabilitation program, the employer must require the employee to
submit to a drug test as a follow-up to such program, unless the employee voluntarily entered the
program. If follow-up testing is required, it must be conducted at least once a year for a 2-year period
after completion of the program.7
Specimen collection and testing for drugs pursuant to s. 440.102, F.S., must be performed in
accordance with the procedures set forth in the statute.
An employee or job applicant whose drug test result is confirmed as positive in accordance with s.
440.102, F.S., must not, by virtue of the result alone, be deemed to have a "handicap" or "disability" as
defined under federal, state, or local handicap and disability discrimination laws.
An employer who discharges or disciplines an employee or refuses to hire a job applicant in
compliance with this section is considered to have discharged, disciplined, or refused to hire for cause.
Effect of the Bill
The bill makes numerous changes to the definitions, requirements, and procedures relating to drug-free
workplaces for Workers' Compensation Law employers under s. 440.102, F.S. Specifically, the bill:
• Amends the definition of "drug" to include any form of alcohol, including ethanol, methanol,
propanol, and isopropanol; any controlled substance identified under Schedules I, II, Ill, IV, or
Schedule V of s. 893.03, F.S.; 8 and any controlled substance identified under Schedules I, II, Ill,
IV, orVof the Controlled Substances Act, 21 U.S.C. § 812(c).
• Amends the definition of "drug test," to provide that when testing for alcohol, the drug test must
be conducted in accordance with the United States Department of Transportation alcohol
testing procedures authorized under 49 C.F.R. part 40, subparts J through M. 9
• Adds the U.S. Department of Health and Human Services (HHS) and U.S. Department of
Transportation (USDOT) to the definition of "specimen".
• Changes the written policy statement that employers are required to give to all employees and
applicants prior to testing by removing from the procedures the requirement that employees and
job applicants could confidentially report to a medical review officer their use of medications
both before and after being tested. The bill also removes the requirement that the policy contain
the brand name of drugs being tested for.
• Increases the required frequency of mandatory followup drug testing for certain employees from
at least once a year for a two-year period to at least six times in the first year and up to two
times in the second year.
• Provides that a specimen container for saliva or breath testing is not required when the
specimen is not being transported to a laboratory for analysis.
• Removes a requirement that a form must be provided upon which an employee may provide
information considered by the employee to be relevant to the test, including the use of
medication, and deletes the requirement that such information be taken into account in
interpreting positive confirmed test results.
7 S. 440.102(4), F.S.
8
Section 893.03, F.S., classifies controlled substances into five categories, known as schedules. These schedules
regulate the manufacture, distribution, preparation, and dispensing of the substances listed in the schedules. The most
important factors in determining the schedule classification of a substance are the "potential for abuse" of the substance
and whether there is a currently accepted medical use for the substance in the United States.
9
This rule describes required procedures for conducting workplace drug and alcohol testing for the federally regulated
transportation industry. See USDOT, Overview of 49 CFR Part 40, https://www.transportation.gov/odapc/part40 {last
visited January 27, 2020).
STORAGE NAME: h1297.WTS.D0CX PAGE: 3
DATE: 2/1/2020
• Replaces a requirement that a drug test specimen may be taken or collected by a physician,
physician assistant, registered professional nurse, licensed practical nurse, nurse practitioner,
certified paramedic at scene of accident, or qualified lab employee with a requirement that a
specimen may be collected by a person who meets the qualification standards for urine or oral
fluid specimen collection as specified by the HHS or the USDOT. For alcohol testing, a person
must meet the USDOT for a screening test technician or a breath alcohol technician. A hair
specimen may be collected and packaged by a person who has been trained and certified by a
drug testing laboratory. A person who directly supervises an employee subject to testing may
not serve as the specimen collector for that employee unless there is no other qualified
specimen collector available.
• Clarifies that a specimen amount should be sufficient for two independent drug tests - one to
screen the specimen and one to confirm the screening results.
• Extends the amount of time that a positive, confirmed test must be preserved, from "210 days
after the result of the test was mailed or otherwise delivered to the medical review officer" to one
year after the confirmation test was conducted.
• Shortens from 180 days to 60 days the period after a positive test during which an employee or
applicant may have the sample retested.
• Provides that a second lab must test the specimen at the limit of detection for the drug or
analyte confirmed by the original, and if the drug or analyte is detected by the second
laboratory, the result must be reported as reconfirmed positive.
• Removes a requirement that an applicant or employee's explanation or challenge of a positive
test must be provided to the applicant or employee.
• Removes the requirement that an employee must verify a positive test result with a confirmation
test prior to taking adverse action against an employee or job applicant, and creates an
exception when a confirmed positive breath alcohol test was conducted in accordance with U.S.
Department of Transportation alcohol testing procedures.
• Allows an employer that performs drug testing or specimen collection to follow chain-of-custody
procedures established by HHS or USDOT.
• Removes a provision specifying that, if an initial drug test is negative, the employer may in its
sole discretion seek a confirmation test, and removes a provision that only licensed or certified
laboratories may conduct confirmation drug tests.
• Provides that all laboratory positive initial tests on a urine, oral fluid, blood, or hair_specimen
must be confirmed using gas chromatography/mass spectrometry or an equivalent or more
accurate scientifically accepted method approved by the HHS or the USDOT, and removes a
provision that the tests can be confirmed by methods approved by the AHCA or the U.S. Food
and Drug Administration.
• Provides that for a breath alcohol test, an initial positive result must be confirmed by a second
breath specimen taken and tested using an evidential breath testing device listed on the
conforming products list issued by the National Highway Traffic Safety Administration and
conducted in accordance with USDOT alcohol testing procedures.
• Removes a requirement that lab reports of drug tests must include any correlation between
medication reported by the employee or applicant and the test result.
The bill provides an effective date of July 1, 2020.
B. SECTION DIRECTORY:
Section 1 Amends s. 440.102, F.S., revising definitions; revising the contents of an employer policy
statement with respect to employee drug use; revising the frequency of followup testing;
revising specimen collection, verification, and documentation procedures; revising
STORAGE NAME: h1297.WTS.DOCX PAGE: 4
DATE: 2/1/2020
requirements for confirmation testing; conforming provisions to changes made by the
act; revising minimum requirements for laboratory reports of a drug test result.
Section 2 Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate. If the amended testing standards in the bill reduce the number of drug-testing facilities
that can comply, those drug-testing facilities that can comply should see an increase in the number of
tests they perform.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
STORAGE NAME: h1297.WTS.D0CX PAGE: 5
DATE: 2/1/2020
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h1297.WTS.DOCX PAGE: 6
DATE: 2/1/2020
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1297 2020
1 A bill to be entitled
2 An act relating to drug-free workplaces; amending s.
3 440.102, F.S.; revising definitions; revising the
4 contents of an employer policy statement with respect
5 to employee drug use; revising the frequency of
6 followup testing; revising specimen collection,
7 verification, and documentation procedures; revising
8 requirements for confirmation testing; conforming
9 provisions to changes made by the act; revising
10 minimum requirements for laboratory reports of a drug
11 test result; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraphs ( c) , ( e) , and ( q) of subsection ( 1) ,
16 paragraph (a) of subsection (3), paragraph (a) of subsection
17 (4), paragraphs (b), (c), (e), (f), (g), (h), (j), (k), and (1)
18 of subsection (5), subsection (6), paragraph (a) of subsection
19 (7), and paragraph (c) of subsection (9) of section 440.102,
20 Florida Statutes, are amended to read:
21 440.102 Drug-free workplace program requirements.-The
22 following provisions apply to a drug-free workplace program
23 implemented pursuant to law or to rules adopted by the Agency
24 for Health Care Administration:
25 (1) DEFINITIONS.-Except where the context otherwise
Page 1 of 12
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1297 2020
26 requires, as used in this act:
27 (c} "Drug" means any form of alcohol, as defined in s.
28 322.01(2), including a distilled spirit, wine, a malt beverage,
29 or an intoxicating preparation; any controlled substance
30 identified under Schedule I, Schedule II, Schedule III, Schedule
31 IV, or Schedule V of s. 893.03; any controlled substance
32 identified under Schedule I, Schedule II, Schedule III, Schedule
33 IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
34 812(c) liquor; an amphetamine; a cannabinoid; cocaine;
35 phencyclidine (PCP); a hallucinogen; methaqualone, an opiate; a
36 barbiturate; a benzodiazepine; a synthetic narcotic; a designer
37 €i--r-wJ; or a metabolite of any of the substances listed in this
38 paragraph. An employer may test an individual for any or all of
39 such drugs.
40 ( e) "Drug test" or "test" means any chemical, biological,
41 or physical instrumental analysis administered7 by a laboratory
42 certified by the United States Department of Health and Human
43 Services or licensed by the Agency for Health Care
44 Administration7 for the purpose of determining the presence or
45 absence of a drug or its metabolites. In the case of testing for
46 the presence of alcohol, the test shall be conducted in
47 accordance with United States Department of Transportation
48 alcohol testing procedures authorized under 49 C.F.R. part 40,
49 subparts J through M.
50 (q} "Specimen" means tissue, hair, or a product of the
Page 2 of 12
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1297 2020
51 human body capable of revealing the presence of drugs or their
52 metabolites, as approved by the United States Food and Drug
53 AdministrationL e-r the Agency for Health Care AdministrationL
54 the United States Department of Health and Human Services, or
55 the United States Department of Transportation.
56 (3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.-
57 (a) One time only, before prior to testing, an employer
58 shall give all employees and job applicants for employment a
59 written policy statement that which contains:
60 1. A general statement of the employer's policy on
61 employee drug use, which must identify:
62 a. The types of drug testing an employee or job applicant
63 may be required to submit to, including reasonable-suspicion
64 drug testing or drug testing conducted on any other basis.
65 b. The actions the employer may take against an employee
66 or job applicant on the basis of a positive confirmed drug test
67 result.
68 2. A statement advising the employee or job applicant of
69 the existence of this section.
70 3. A general statement concerning confidentiality.
71 4. Procedures for employees and job applicants to
72 confidentially report to a medical review officer the use of
73 prescription or nonprescription medications to a medieal review
74 offieer both before and after being tested.
75 5. A list of the most common medications, by brand name or
Page 3 of 12
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1297 2020
76 conunon name, as applicable, as well as by chemical name, which
77 may alter or affect a drug test. A list of such medications as
78 developed by the Agency for Health Care Administration shall be
79 available to employers through the department.
80 6. The consequences of refusing to submit to a drug test.
81 7. A representative sampling of names, addresses, and
82 telephone numbers of employee assistance programs and local drug
83 rehabilitation programs.
84 8. A statement that an employee or job applicant who
85 receives a positive confirmed test result may contest or explain
86 the result to the medical review officer within 5 working days
87 after receiving written notification of the test result; that if
88 an employee's or job applicant's explanation or challenge is
89 unsatisfactory to the medical review officer, the medical review
90 officer shall report a positive test result back to the
91 employer; and that a person may contest the drug test result
92 pursuant to law or to rules adopted by the Agency for Health
93 Care Administration.
94 9. A statement informing the employee or job applicant of
95 his or her responsibility to notify the laboratory of any
96 administrative or civil action brought pursuant to this section.
97 10. A list of all drugs for which the employer will test,
98 described by brand naffie or conunon name, as applieable, as well
99 as by chemical name.
100 11. A statement regarding any applicable collective
Page 4 of 12
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1297 2020
101 bargaining agreement or contract and the right to appeal to the
102 Public Employees Relations Commission or applicable court.
103 12. A statement notifying employees and job applicants of
104 their right to consult with a medical review officer for
105 technical information regarding prescription or nonprescription
106 medication.
107 (4) TYPES OF TESTING.-
108 (a} An employer is required to conduct the following types
109 of drug tests:
110 1. Job applicant drug testing.-An employer must require
111 job applicants to submit to a drug test and may use a refusal to
112 submit to a drug test or a positive confirmed drug test as a
113 basis for refusing to hire a job applicant.
114 2. Reasonable-suspicion drug testing.-An employer must
115 require an employee to submit to reasonable-suspicion drug
116 testing.
117 3. Routine fitness-for-duty drug testing.-An employer must
118 require an employee to submit to a drug test if the test is
119 conducted as part of a routinely scheduled employee fitness-for-
120 duty medical examination that is part of the employer's
121 established policy or that is scheduled routinely for all
122 members of an employment classification or group.
123 4. Followup drug testing.-If the employee in the course of
124 employment enters an employee assistance program for drug-
125 related problems, or a drug rehabilitation program, the employer
Page 5 of 12
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1297 2020
126 must require the employee to submit to a drug test as a followup
127 to such program, unless the employee voluntarily entered the
128 program. In those cases, the employer has the option to not
129 require followup testing. If followup testing is required, it
130 must be conducted at least six times in the first year, and may
131 be conducted twice for 1 additional year once a year for a 2
132 year period after completion of the program. Advance notice of a
133 followup testing date must not be given to the employee to be
134 tested.
135 (5) PROCEDURES AND EMPLOYEE PROTECTION.-All specimen
136 collection and testing for drugs under this section shall be
137 performed in accordance with the following procedures:
138 (b) Specimen collection must be documented, and the
139 documentation procedures shall include the+
140 ±-;- labeling of specimen containers so as to reasonably
141 preclude the likelihood of erroneous identification of test
142 results. For saliva or breath alcohol testing, a specimen
143 container is not required if the specimen is not being
144 transported to a laboratory for analysis.
145 2. A form for the employee or job applicant to provide any
146 information he or she considers relevant to the test, including
147 identification of currently or recently used prescription or
148 nonprescription medication or other relevant medical
149 information. The form must provide notice of the most coFRFRon
150 medications by brand name or coFRFRon name, as applicable, as well
Page 6 of 12
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1297 2020
151 as by chemical name, ;1hich may alter or affect a drug test. The
152 providing of information shall not preclude the administration
153 of the drug test, but shall be taken into account in
154 interpreting any positive confirmed test result.
155 (c) Specimen collection, storage, and transportation to a
156 laboratory the testing site shall be performed in a manner that
157 reasonably precludes contamination or adulteration of specimens.
158 (e) A specimen for a drug test may be taken or collected
159 by any person who meets the qualification standards for urine or
160 oral fluid specimen collection as specified by the United States
161 Department of Health and Human Services or the United States
162 Department of Transportation. For alcohol testing, a person must
163 meet the United States Department of Transportation standards
164 for a screening test technician or a breath alcohol technician.
165 A hair specimen may be collected and packaged by a person who
166 has been trained and certified by a drug testing laboratory. A
167 person who directly supervises an employee subject to testing
168 may not serve as the specimen collector for that employee unless
169 there is no other qualified specimen collector available. of the
170 following persons:
171 1. A physician, a physician assistant, a registered
172 professional nurse, a licensed practical nurse, or a nurse
173 practitioner or a certified paramedic Hho is present at the
174 scene of an accident for the purpose of rendering emergency
175 medical service or treatment.
Page 7 of 12
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1297 2020
176 2. A qualified person employed by a licensed or certified
177 laboratory as described in subsection (9).
178 (f) A person who collects or takes a specimen for a drug
179 test shall collect an amount sufficient for two independent drug
180 tests, one to screen the specimen and one for confirmation of
181 the screening results, at a laboratory as determined by the
182 Agency for Health Care Administration.
183 (g) Every specimen that produces a positive, confirmed
184 test result shall be preserved by the licensed or certified
185 laboratory that conducted the confirmation test for a period of
186 at least 1 year after the confirmation test was conducted~
187 days after the result of the test was mailed or otherwise
188 delivered to the medical review officer. However, if an employee
189 or job applicant undertakes an administrative or legal challenge
190 to the test result, the employee or job applicant shall notify
191 the laboratory and the sample shall be retained by the
192 laboratory until the case or administrative appeal is settled.
193 During the 60-day 180 day period after written notification of a
194 positive test result, the employee or job applicant who has
195 provided the specimen shall be permitted by the employer to have
196 a portion of the specimen retested, at the employee's or job
197 applicant's expense, at another laboratory, licensed and
198 approved by the Agency for Health Care Administration, chosen by
199 the employee or job applicant. The second laboratory must test
200 the specimen at the limit of detection for the drug or analyte
Page 8 of 12
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1297 2020
201 confirmed by the original at equal or greater sensitivity for
202 the drug in question as the first laboratory. If the drug or
203 analyte is detected by the second laboratory, the result shall
204 be reported as reconfirmed positive. The first laboratory that
205 performed the test for the employer is responsible for the
206 transfer of the portion of the specimen to be retested, and for
207 the integrity of the chain of custody during such transfer.
208 (h) Within 5 working days after receipt of a positive
209 verified confirmed test result from the medical review officer,
210 an employer shall inform an employee or job applicant in writing
211 of such positive test result, the consequences of such results,
212 and the options available to the employee or job applicant. The
213 employer shall provide to the employee or job applicant, upon
214 request, a copy of the test results.
215 ( j) The employee's or job applicant's CJEplanation or
216 challenge of the positive test result is unsatisfactory to the
217 employer, a written e1rplanation as to why the employee's or job
218 applicant's euplanation is unsatisfactory, along with the report
219 of positive result, shall be provided by the employer to the
220 employee or job applicant; and All 5-U-efi documentation of a
221 positive test shall be kept confidential by the employer
222 pursuant to subsection (8) and shall be retained by the employer
223 for at least 1 year.
224 (k) An employer may not discharge, discipline, refuse to
225 hire, discriminate against, or request or require rehabilitation
Page 9 of 12
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1297 2020
226 of an employee or job applicant on the sole basis of a positive
227 test result that has not been reviewed and verified by a
228 confirmation test and by a medical review officer, except when a
229 confirmed positive breath alcohol test was conducted in
230 accordance with United States Department of Transportation
231 alcohol testing procedures.
232 (1) An employer that performs drug testing or specimen
233 collection shall use chain-of-custody procedures established by
234 the Agency for Health Care Administration, the United States
235 Department of Health and Human Services, or the United States
236 Department of Transportation to ensure proper recordkeeping,
237 handling, labeling, and identification of all specimens tested.
238 (6) CONFIRMATION TESTING.-
239 (a) If an initial drug test io negative, the employer may
240 in its sole discretion seek a confirmation test.
241 (b) Only licensed or certified laboratories ao described
242 in subsection (9) may conduct confirmation drug tests.
243 ~-+et- All laboratory positive initial tests on a urine,
244 oral fluid, blood, or hair specimen shall be confirmed using gas
245 chromatography/mass spectrometry (GC/MS) or an equivalent or
246 more accurate scientifically accepted method approved by the
247 United States Department of Health and Human Services or the
248 United States Department of Transportation Agency for Health
249 Gare Administration or the United States Food and Drug
250 Administration ao ouch technology becomes available in a coot
Page 10 of 12
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1297 2020
251 effective form.
252 JE.l-+El+ If~ an initial drug test of an employee or job
253 applicant is confirmed by the laboratory as positive, the
254 employer's medical review officer shall provide technical
255 assistance to the employer and to the employee or job applicant
256 for the purpose of interpreting the test result to determine
257 whether the result could have been caused by prescription or
258 nonprescription medication taken by the employee or job
259 applicant.
260 (c) For a breath alcohol test, an initial positive result
261 shall be confirmed by a second breath specimen taken and tested
262 using an evidential breath testing device listed on the
263 conforming products list issued by the National Highway Traffic
264 Safety Administration and conducted in accordance with United
265 States Department of Transportation alcohol testing procedures
266 authorized under 49 C.F.R. part 40, subparts J through M.
267 (7) EMPLOYER PROTECTION.-
268 (a) An employee or job applicant whose drug test result is
269 confirmed or verified as positive in accordance with this
270 section shall not, by virtue of the result alone, be deemed to
271 have a "handicap" or "disability" as defined under federal,
272 state, or local handicap and disability discrimination laws.
273 (9) DRUG-TESTING STANDARDS FOR LABORATORIES.-
274 (c) A laboratory shall disclose to the medical review
275 officer a written positive confirmed test result report within 7
Page 11 of 12
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1297 2020
276 working days after receipt of the sample. All laboratory reports
277 of a drug test result must, at a minimum, state:
278 1. The name and address of the laboratory that performed
279 the test and the positive identification of the person tested.
280 2. Positive results on confirmation tests only, or
281 negative results, as applicable.
282 3. A list of the drugs for which the drug analyses were
283 conducted.
284 4. The type of tests conducted for both initial tests and
285 confirmation tests and the minimum cutoff levels of the tests.
286 5. Any correlation between medication reported by the
287 employee or job applicant pursuant to subparagraph ( 5) (b) 2. and
288 a positive confirmed drug test result.
289
290 A report must not disclose the presence or absence of any drug
291 other than a specific drug and its metabolites listed pursuant
292 to this section.
293 Section 2. This act shall take effect July 1, 2020.
Page 12 of 12
CODING: Words stricken are deletions; words underlined are additions.
hb1297-00
WORKFORCE DEVELOPMENT AND TOURISM SUBCOMMITTEE
HB 1297 by Rep. Robinson
Drug-free Workplaces
AMENDMENT SUMMARY
February 4, 2020
Amendment 1 by Rep. Robinson (Strike-All):
The amendment makes the following changes to the bill:
• Adds provisions that require urine sample validity testing for employees
participating in the State Drug-Free Workplace Program under chapter 112, F.S.,
and the Drug-Free Workplace Program under chapter 440, F.S.
• Adds a statement of legislative intent regarding such urine sample validity
testing.
• Removes a provision of the bill that increases the frequency of required follow-up
drug testing for certain employees with a history of drug-related problems.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Workforce Development &
2 Tourism Subcommittee
3 Representative Robinson offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Present subsections (13) through (17) of section
8 112.0455, Florida Statutes, are redesignated as subsections (14)
9 through (18), respectively, a new subsection (13) is added to
10 that section, and paragraph (b) of subsection (6) and paragraph
11 (a) of present subsection (15) are amended, to read:
12 112.0455 Drug-Free Workplace Act.-
13 (6) NOTICE TO EMPLOYEES.-
14 (b) Prior to testing, all employees and job applicants for
15 employment shall be given a written policy statement from the
16 employer which contains:
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 1 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
17 1. A general statement of the employer's policy on
18 employee drug use, which shall identify:
19 a. The types of testing an employee or job applicant may
20 be required to submit to, including reasonable suspicion or
21 other basis; and
22 b. The actions the employer may take against an employee
23 or job applicant on the basis of a positive confirmed drug test
24 result.
25 2. A statement advising the employee or job applicant of
26 the existence of this section.
27 3. A general statement concerning confidentiality.
28 4. Procedures for employees and job applicants to
29 confidentially report the use of prescription or nonprescription
30 medications both befdre and after being tested. Additionally,
31 employees and job applicants shall receive notice of the most
32 common medications by brand name or common name, as applicable,
33 as well as by chemical name, which may alter or affect a drug
34 test. A list of such medications shall be developed by the
35 Agency for Health Care Administration.
36 5. The consequences of refusing to submit to a drug test.
37 6. Names, addresses, and telephone numbers of employee
38 assistance programs and local alcohol and drug rehabilitation
39 programs.
40 7. A statement that an employee or job applicant who
41 receives a positive confirmed drug test result may contest or
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 2 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
42 explain the result to the employer within 5 working days after
43 written notification of the positive test result. If an employee
44 or job applicant's explanation or challenge is unsatisfactory to
45 the employer, the person may contest the drug test result as
46 provided by subsections J.1....21 -f-3:-4+ and J..1..§1 -H:--§-t.
47 8. A statement informing the employee or job applicant of
48 his or her responsibility to notify the laboratory of any
49 administrative or civil actions brought pursuant to this
50 section.
51 9. A list of all drugs for which the employer will test,
52 described by brand names or common names, as applicable, as well
53 as by chemical names.
54 10. A statement regarding any applicable collective
55 bargaining agreement or contract and the right to appeal to the
56 Public Employees Relations Commission.
57 11. A statement notifying employees and job applicants of
58 their right to consult the testing laboratory for technical
59 information regarding prescription and nonprescription
60 medication.
61 (13) DRUG-TESTING STANDARDS; SAMPLE VALIDITY
62 PRESCREENING.-Before a drug-testing facility licensed under part
63 II of chapter 408 may perform any drug-screening test on a urine
64 specimen collected in this state, prescreening tests must be
65 performed to determine the validity of the specimen. The
66 prescreening tests must be capable of detecting, or detecting
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 3 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
67 and defeating, novel or emerging urine drug-testing subversion
68 technologies as described in this subsection.
69 (a) The drug-testing facility shall use urine sample
70 validity screening tests that meet all of the following
71 criteria:
72 1. A urine sample validity screening test for creatinine
73 must use a 20 mg/dL cutoff concentration and must have minimal
74 interferences from bilirubin and blood in the urine. The urine
75 sample validity screening test must be able to discriminate
76 between a creatinine level from an unadulterated urine sample
77 and a creatinine level arising from overhydration or creatine or
78 protein loading.
79 2. A urine sample validity screening test for oxidants
80 must be able to detect the presence or effects of oxidant
81 adulterants up to 6 days after sample collection, under the
82 sample storage conditions outlined in the laboratory standards
83 guideline adopted by rule by the Agency for Health Care
84 Administration, and after any sample transport that is routinely
85 involved.
86 3. Urine sample validity screening tests must be able to
87 detect synthetic or freeze-dried urine substituted for the
88 donor's urine for drug testing.
89 4. Urine sample validity screening tests must be validated
90 for the detection of all of the additional adulterant classes
91 represented by glutaraldehyde, salt, heavy metals, cationic
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 4 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
92 detergents, protease, strong alkaline buffers, and strong acidic
93 buffers. The detection limits of these classes must be at a
94 sufficient level to detect a nonphysiologic sample or
95 interference with enzyme immunoassay drug screening tests.
96 (b) The drug-testing facility may use only urine sample
97 validity screening tests that have undergone validation studies
98 conducted by the manufacturer to document the product's
99 conformance to the requirements of this subsection.
100 (c) A drug-testing facility may rely on urine sample
101 validity screening tests to determine if confirmation testing is
102 required for any urine sample that has been deemed invalid for
103 drug screening.
104 (d) Urine specimens collected in this state may not be
105 sent for drug screening tests to a drug-testing facility located
106 outside of this state unless such drug-testing facility complies
107 with all requirements of this subsection.
108 (e) The Agency for Health Care Administration shall adopt
109 rules necessary for the implementation and enforcement of this
110 subsection.
111 11:_§l-f-±-§-t NONDISCIPLINE REMEDIES.-
112 (a) Any person alleging a violation of the provisions of
113 this section, that is not remediable by the commission or an
114 arbitrator pursuant to subsection J12l +±4+, must institute a
115 civil action for injunctive relief or damages, or both, in a
116 court of competent jurisdiction within 180 days of the alleged
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 5 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
117 violation, or be barred from obtaining the following relief.
118 Relief is limited to:
119 1. An order restraining the continued violation of this
120 section.
121 2. An award of the costs of litigation, expert witness
122 fees, reasonable attorney attorney's fees, and noneconomic
123 damages provided that damages shall be limited to the recovery
124 of damages directly resulting from injury or loss caused by each
125 violation of this section.
126 Section 2. Present subsections (9) through (15) of section
127 440.102, Florida Statutes, are redesignated as subsections (10)
128 through (16), respectively, a new subsection (9) is added to
129 that section, and paragraphs (c), (e), and (q) of subsection
130 (1), paragraph (a) of subsection (3), paragraphs (b) through
131 (h), (j), (k), and (1) of subsection (5), subsection (6),
132 paragraph (a) of subsection (7), and paragraphs (b) and (c) of
133 present subsection (9) of that section are amended, to read:
134 440.102 Drug-free workplace program requirements.-The
135 following provisions apply to a drug-free workplace program
136 implemented pursuant to law or to rules adopted by the Agency
137 for Health Care Administration:
138 (1) DEFINITIONS.-Except where the context otherwise
139 requires, as used in this act:
140 (c) "Drug" means any form of alcohol, as defined in s.
141 322.01(2), including a distilled spirit, wine, a malt beverage,
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 6 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
142 or an intoxicating preparation; any controlled substance
143 identified under Schedule I, Schedule II, Schedule III, Schedule
144 IV, or Schedule V of s. 893.03; any controlled substance
145 identified under Schedule I, Schedule II, Schedule III, Schedule
14 6 IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
147 812(c) liquor; an amphetamine; a cannabinoid; cocaine;
148 phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a
149 barbiturate; a benzodiazepine; a synthetic narcotic; a designer
150 €i-r--tttJ; or a metabolite of any of the substances listed in this
151 paragraph. An employer may test an individual for any or all e-.f.
152 such drugs.
153 ( e) 11
Drug test II or "test II means any chemical, biological,
154 or physical instrumental analysis administered7 by a laboratory
155 certified by the United States Department of Health and Human
156 Services or licensed by the Agency for Health Care
157 Administration7 for the purpose of determining the presence or
158 absence of a drug or its metabolites. In the case of testing for
159 the presence of alcohol, the test must be conducted in
160 accordance with the United States Department of Transportation
161 alcohol testing procedures authorized under 49 C.F.R. part 40,
162 subparts J through M.
163 ( q) 11
Specimen II means tissue, hair, or a product of the
164 human body capable of revealing the presence of drugs or their
165 metabolites, as approved by the United States Food and Drug
166 AdministrationL e-r the Agency for Health Care AdministrationL
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 7 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
167 the United States Department of Health and Human Services, or
168 the United States Department of Transportation.
169 (3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.-
170 (a) One time only, before prior to testing, an employer
171 shall give all employees and job applicants for employment a
172 written policy statement that which contains:
173 1. A general statement of the employer's policy on
174 employee drug use, which must identify:
175 a. The types of drug testing an employee or job applicant
17 6 may be required to submit to, including reasonable-suspicion
177 drug testing or drug testing conducted on any other basis.
178 b. The actions the employer may take against an employee
179 or job applicant on the basis of a positive confirmed drug test
180 result.
181 2. A statement advising the employee or job applicant of
182 the existence of this section.
183 3. A general statement concerning confidentiality.
184 4. Procedures for employees and job applicants to
185 confidentially report to a medical review officer the use of
186 prescription or nonprescription medications to a medical review
187 officer both before and after being tested.
188 5. A list of the most common medications, by brand name or
189 common name, as applicable, as well as by chemical name, which
190 may alter or affect a drug test. A list of such medications as
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 8 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
191 developed by the Agency for Health Care Administration shall be
192 available to employers through the department.
193 6. The consequences of refusing to submit to a drug test.
194 7. A representative sampling of names, addresses, and
195 telephone numbers of employee assistance programs and local drug
196 rehabilitation programs.
197 8. A statement that an employee or job applicant who
198 receives a positive confirmed test result may contest or explain
199 the result to the medical review officer within 5 working days
200 after receiving written notification of the test result; that if
201 an employee's or job applicant's explanation or challenge is
202 unsatisfactory to the medical review officer, the medical review
203 officer shall report a positive test result back to the
204 employer; and that a person may contest the drug test result
205 pursuant to law or to rules adopted by the Agency for Health
206 Care Administration.
207 9. A statement informing the employee or job applicant of
208 his or her responsibility to notify the laboratory of any
209 administrative or civil action brought pursuant to this section.
210 10. A list of all drugs for which the employer will test,
211 described by brand name or common name, as applicable, as well
212 as by chemical name.
213 11. A statement regarding any applicable collective
214 bargaining agreement or contract and the right to appeal to the
215 Public Employees Relations Commission or applicable court.
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 9 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
216 12. A statement notifying employees and job applicants of
217 their right to consult with a medical review officer for
218 technical information regarding prescription or nonprescription
219 medication.
220 (5) PROCEDURES AND EMPLOYEE PROTECTION.-All specimen
221 collection and testing for drugs under this section shall be
222 performed in accordance with the following procedures:
223 (b) Specimen collection must be documented, and the
224 documentation procedures shall include the7
225 -±-;-- labeling of specimen containers so as to reasonably
226 preclude the likelihood of erroneous identification of test
227 results. For saliva or breath alcohol testing, a specimen
228 container is not required if the specimen is not being
229 transported to a laboratory for analysis
230 2. A form for the employee or job applicant to provide any
231 information he or she considers relevant to the test, including
232 identification of currently or recently used prescription or
233 nonprescription medication or other relevant medical
234 information. The form must provide notice of the most coffiffion
235 medications by brand name or common name, as applicable, as well
236 as by chemical name, which may alter or affect a drug test. The
237 providing of information shall not preclude the administration
238 of the drug test, but shall be taken into account in
239 interpreting any positive confirmed test result.
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 10 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
240 (c) Specimen collection, storage, and transportation to a
241 laboratory the testing site shall be performed in a manner that
242 reasonably precludes contamination or adulteration of specimens.
243 (d) Each confirmation test conducted under this section,
244 not including the taking or collecting of a specimen to be
245 tested, shall be conducted by a licensed or certified laboratory
246 as described in subsection J..l.Ql -f-9-t.
247 (e} A specimen for a drug test may be taken or collected
248 by any person who meets the qualification standards for urine or
249 oral fluid specimen collection as specified by the United States
250 Department of Health and Human Services or the United States
251 Department of Transportation. For alcohol testing, a person must
252 meet the United States Department of Transportation standards
253 for a screening test technician or a breath alcohol technician.
254 A hair specimen may be collected and packaged by a person who
255 has been trained and certified by a drug-testing laboratory. A
256 person who directly supervises an employee subject to testing
257 may not serve as the specimen collector for that employee unless
258 there is no other qualified specimen collector available of the
259 following persons:
260 1. A physician, a physician assistant, a registered
261 professional nurse, a licensed practical nurse, or a nurse
262 practitioner or a certified paramedic who is present at the
263 scene of an accident for the purpose of rendering emergency
264 medical service or treatment.
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 11 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 12 97 ( 2 02 0)
Amendment No. 1
265 2. A qualified person employed by a licensed or certified
266 laboratory as described in subsection (9).
267 (f) A person who collects or takes a specimen for a drug
268 test shall collect an amount sufficient for two independent drug
269 tests, one to screen the specimen and one for confirmation of
270 the screening test results, at a laboratory as determined by the
271 Agency for Health Care Administration.
272 (g) Every specimen that produces a positive, confirmed
273 test result shall be preserved by the licensed or certified
274 laboratory that conducted the confirmation test for a period of
275 at least 1 year after the confirmation test was conducted ±-±-8-
276 days after the result of the test was mailed or otherwise
277 delivered to the medical review officer. However, if an employee
278 or job applicant undertakes an administrative or legal challenge
279 to the test result, the employee or job applicant shall notify
280 the laboratory and the sample shall be retained by the
281 laboratory until the case or administrative appeal is settled.
282 During the 60-day 180 day period after written notification of a
283 positive test result, the employee or job applicant who has
284 provided the specimen shall be permitted by the employer to have
285 a portion of the specimen retested, at the employee's or job
286 applicant's expense, at another laboratory, licensed and
287 approved by the Agency for Health Care Administration, chosen by
288 the employee or job applicant. The second laboratory must test
289 the specimen at the limit of detection for the drug or analyte
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 12 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
290 confirmed by the original at equal or greater sensitivity for
291 the drug in question as the first laboratory. If the drug or
292 analyte is detected by the second laboratory, the result must be
293 reported as reconfirmed positive. The first laboratory that
294 performed the test for the employer is responsible for the
295 transfer of the portion of the specimen to be retested, and for
296 the integrity of the chain of custody during such transfer.
297 (h) Within 5 working days after receipt of a positive
298 verified confirmed test result from the medical review officer,
299 an employer shall inform an employee or job applicant in writing
300 of such positive test result, the consequences of such result
301 results, and the options available to the employee or job
302 applicant. The employer shall provide to the employee or job
303 applicant, upon request, a copy of the test results.
304 (j) The employee's or job applicant's explanation or
305 challenge of the positive test result is unsatisfactory to the
306 employer, a written explanation as to why the employee's or job
307 applicant's explanation is unsatisfactory, along with the report
308 of positive result, shall be provided by the employer to the
309 employee or job applicant; and All -3-Uefr documentation of a
310 positive test shall be kept confidential by the employer
311 pursuant to subsection (8) and shall be retained by the employer
312 for at least 1 year.
313 (k) An employer may not discharge, discipline, refuse to
314 hire, discriminate against, or request or require rehabilitation
264657 - hl297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 13 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
315 of an employee or job applicant on the sole basis of a positive
316 test result that has not been reviewed and verified by a
317 confirmation test and by a medical review officer, except when a
318 confirmed positive breath alcohol test was conducted in
319 accordance with United States Department of Transportation
320 alcohol testing procedures.
321 (1) An employer that performs drug testing or specimen
322 collection shall use chain-of-custody procedures established by
323 the Agency for Health Care Administration, the United States
324 Department of Health and Human Services, or the United States
325 Department of Transportation to ensure proper recordkeeping,
326 handling, labeling, and identification of all specimens tested.
327 (6) CONFIRMATION TESTING.-
328 (a) If an initial drug test is negative, the employer may
329 in its sole discretion seek a confirmation test.
330 (b) Only licensed or certified laboratories as described
331 in subsection (9) may conduct confirmation drug tests.
332 +et All laboratory positive initial tests on a urine, oral
333 fluid, blood, or hair specimen shall be confirmed using gas
334 chromatography/mass spectrometry (GC/MS) or an equivalent or
335 more accurate scientifically accepted method approved by the
336 United States Department of Health and Human Services or the
337 United States Department of Transportation Agency for Health
338 Care Administration or the United States Food and Drug
264657 - hl297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 14 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
339 Adffliniotration ao ouch technology becoffleo available in a coot
340 effective forffl.
341 J.Ql_-ta+ If~ an initial drug test of an employee or job
342 applicant is confirmed by the laboratory as positive, the
343 employer's medical review officer shall provide technical
344 assistance to the employer and to the employee or job applicant
345 for the purpose of interpreting the test result to determine
346 whether the result could have been caused by prescription or
347 nonprescription medication taken by the employee or job
348 applicant.
349 (c) For a breath alcohol test, an initial positive result
350 must be confirmed by a second breath specimen taken and tested
351 using an evidential breath testing device listed on the
352 conforming products list issued by the National Highway Traffic
353 Safety Administration and conducted in accordance with United
354 States Department of Transportation alcohol testing procedures
355 authorized under 49 C.F.R. part 40, subparts J through M.
356 (7) EMPLOYER PROTECTION.-
357 (a) An employee or job applicant whose drug test result is
358 confirmed or verified as positive in accordance with this
359 section shall not, by virtue of the result alone, be deemed to
360 have a "handicap" or "disability" as defined under federal,
361 state, or local handicap and disability discrimination laws.
362 (9) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.-
363 Before a drug-testing facility licensed under part II of chapter
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 15 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
364 408 may perform any drug screening test on a urine specimen
365 collected in this state, prescreening tests must be performed to
366 determine the validity of the specimen. The prescreening tests
367 must be capable of detecting, or detecting and defeating, novel
368 or emerging urine drug-testing subversion technologies as
369 described in this subsection.
370 (a) The drug-testing facility shall use urine sample
371 validity screening tests that meet all of the following
372 criteria:
373 1. A urine sample validity screening test for creatinine
374 must use a 20 mg/dL cutoff concentration and must have minimal
375 interferences from bilirubin and blood in the urine. The urine
376 sample validity screening test must be able to discriminate
377 between a creatinine level from an unadulterated urine sample
378 and a creatinine level arising from overhydration or creatine or
379 protein loading.
380 2. A urine sample validity screening test for oxidants
381 must be able to detect the presence or effects of oxidant
382 adulterants up to 6 days after sample collection, under the
383 sample storage conditions outlined in the laboratory standards
384 guideline adopted by rule by the Agency for Health Care
385 Administration, and after any sample transport that is routinely
386 involved.
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 16 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
387 3. Urine sample validity screening tests must be able to
388 detect synthetic or freeze-dried urine substituted for the
389 donor's urine for drug testing.
390 4. Urine sample validity screening tests must be validated
391 for the detection of all of the additional adulterant classes
392 represented by glutaraldehyde, salt, heavy metals, cationic
393 detergents, protease, strong alkaline buffers, and strong acidic
394 buffers. The detection limits of these classes must be at a
395 sufficient level to detect a nonphysiologic sample or
396 interference with enzyme immunoassay drug-screening tests.
397 (b) The drug-testing facility may use only urine sample
398 validity screening tests that have undergone validation studies
399 conducted by the manufacturer to document the product's
400 conformance to the requirements of this subsection.
401 (c) A drug-testing facility may rely on urine sample
402 validity screening tests to determine if confirmation testing is
403 required for any urine sample that has been deemed invalid for
404 drug screening.
405 (d) Urine specimens collected in this state may not be
406 sent for drug-screening tests to a drug-testing facility located
407 outside of this state unless such drug-testing facility complies
408 with all requirements of this subsection.
409 (e) The Agency for Health Care Administration shall adopt
410 rules necessary for the implementation and enforcement of this
411 subsection.
264657 - hl297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 17 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
412 J.1..Ql_-f-9-t- DRUG-TESTING STANDARDS FOR LABORATORIES.-
413 (b) A laboratory may analyze initial or confirmation test
414 specimens only if:
415 1. The laboratory obtains a license under part II of
416 chapter 408 ands. 112.0455(18) s. 112.0455(17). Each applicant
417 for licensure and each licensee must comply with all
418 requirements of this section, part II of chapter 408, and
419 applicable rules.
420 2. The laboratory has written procedures to ensure the
421 chain of custody.
422 3. The laboratory follows proper quality control
423 procedures, including, but not limited to:
424 a. The use of internal quality controls, including the use
425 of samples of known concentrations which are used to check the
426 performance and calibration of testing equipment, and periodic
427 use of blind samples for overall accuracy.
428 b. An internal review and certification process for drug
429 test results, conducted by a person qualified to perform that
430 function in the testing laboratory.
431 c. Security measures implemented by the testing laboratory
432 to preclude adulteration of specimens and drug test results.
433 d. Other necessary and proper actions taken to ensure
434 reliable and accurate drug test results.
435 (c) A laboratory shall disclose to the medical review
436 officer a written positive confirmed test result report within 7
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 18 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
437 working days after receipt of the sample. All laboratory reports
438 of a drug test result must, at a minimum, state:
439 1. The name and address of the laboratory that performed
440 the test and the positive identification of the person tested.
441 2. Positive results on confirmation tests only, or
442 negative results, as applicable.
443 3. A list of the drugs for which the drug analyses were
444 conducted.
445 4. The type of tests conducted for both initial tests and
446 confirmation tests and the minimum cutoff levels of the tests.
447 5. Any correlation between medication reported by the
448 employee or job applicant pursuant to subparagraph ( 5) (b) 2. and
449 a positive confirmed drug test result.
450
451 A report must not disclose the presence or absence of any drug
452 other than a specific drug and its metabolites listed pursuant
453 to this section.
454 Section 3. Paragraph (b) of subsection (11) of section
455 443.101, Florida Statutes, is amended to read:
456 443.101 Disqualification for benefits.-An individual shall
457 be disqualified for benefits:
458 (11) If an individual is discharged from employment for
459 drug use as evidenced by a positive, confirmed drug test as
4 60 provided in paragraph (1) (d), or is rejected for offered
461 employment because of a positive, confirmed drug test as
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 19 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
462 provided in paragraph (2) (c), test results and chain of custody
463 documentation provided to the employer by a licensed and
4 64 approved drug-testing laboratory is self-authenticating and
465 admissible in reemployment assistance hearings, and such
466 evidence creates a rebuttable presumption that the individual
4 67 used, or was using, controlled substances, subject to the
4 68 following conditions:
469 (b) Only laboratories licensed and approved as provided in
470 s. 440.102(10) o. 440.102(9), or as provided by equivalent or
471 more stringent licensing requirements established by federal law
472 or regulation may perform the drug tests.
473 Section 4. This act shall take effect July 1, 2020.
474
475
476 T I T L E A ME N D ME N T
477 Remove everything before the enacting clause and insert:
478 A bill to be entitled
479 An act relating to drug-free workplaces; amending s.
480 112.0455, F.S.; requiring licensed drug-testing
481 facilities to perform prescreening tests on urine
482 specimens to determine the specimens' validity;
483 specifying requirements for such tests; authorizing
484 such facilities to rely on such tests to determine if
485 confirmation testing is required; providing that urine
486 specimens may not be sent to an out-of-state facility
264657 - hl297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 20 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
487 unless the facility complies with certain
488 requirements; authorizing the Agency for Health Care
489 Administration to adopt rules; conforming cross-
490 references; amending s. 440.102, F.S.; revising
491 definitions; revising information required in a
4 92 written policy statement provided to employees and job
493 applicants before drug testing; revising procedures
4 94 for specimen collection, testing, and preservation;
495 revising qualifications for persons who may take or
496 collect specimens for a drug test; revising
4 97 requirements and procedures for retesting specimens;
4 98 deleting and revising confidentiality requirements for
499 employers relating to certain information; revising
500 circumstances under which an employer may take certain
501 actions as to an employee or a job applicant on the
502 sole basis of certain positive test results; revising
503 standards for chain-of-custody procedures; revising
504 requirements and authorized actions relating to
505 confirmation testing; requiring licensed drug-testing
506 facilities to perform prescreening tests on urine
507 specimens to determine the specimens' validity;
508 specifying requirements for such tests; authorizing
509 such facilities to rely on such tests to determine if
510 confirmation testing is required; providing that urine
511 specimens may not be sent to an out-of-state facility
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 21 of 22
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1297 (2020)
Amendment No. 1
512 unless the facility complies with certain
513 requirements; authorizing the agency to adopt rules;
514 conforming provisions to changes made by the act;
515 amending s. 443.101, F.S.; conforming a cross-
516 reference; providing an effective date.
517
518 WHEREAS, the State of Florida has a profound interest in
519 the health and welfare of its citizens, and
520 WHEREAS, new and emerging drug-testing subversion
521 technologies represent a significant threat to the ability to
522 properly identify those suffering from addiction and drug abuse,
523 and
524 WHEREAS, the Legislature, therefore, seeks to require urine
525 sample validity testing, such that those persons being tested
526 can be properly and promptly identified for referral to drug
527 treatment programs and other health care services, NOW,
528 THEREFORE,
529
264657 - h1297-strike.docx
Published On: 2/3/2020 3:41:57 PM
Page 22 of 22
PCS for HB 1271
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 1271 State Economic Development Entities
SPONSOR(S): Workforce Development & Tourism Subcommittee
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Workforce Development & Tourism Willson f\\/ Barry ~
Subcommittee
SUMMARY ANALYSIS
CareerSource is a not-for-profit corporation that serves as Florida's state-level workforce investment board.
CareerSource is responsible for developing and implementing a 5-year plan for the statewide workforce
system in collaboration with the Department of Economic Opportunity (DEO), the local workforce development
boards, and one-stop career centers to ensure that workforce services provided are consistent with state and
local plans. CareerSource also provides state-level policy, planning, performance evaluation, and oversight of
the delivery of workforce services. Current law specifies that CareerSource is administratively housed within
DEO but that it is not subject to control, supervision, or direction by DEO in any manner.
The bill replaces CareerSource with a "state board" for the purpose of workforce development and
administration in Florida. The bill provides for the state board to serve as the board of directors for
CareerSource, and requires CareerSource to support and work at the direction of the state board, in
consultation with DEO. The bill repeals the provision stating that CareerSource is not subject to the control,
supervision, or direction of DEO, and specifies that CareerSource must operate under agreement with DEO.
The bill reassigns many of CareerSource's powers, duties and responsibilities to DEO or the state board, or a
combination of the two. The bill also makes a number of conforming changes to reflect this adjustment in the
relationship between DEO, CareerSource Florida, and the state board.
The Florida Development Finance Corporation (FDFC) is a statewide development financing authority created
by the Legislature in 1993. The FDFC operates as a conduit bond issuer that issues bonds on behalf of
borrowers. FDFC is governed by a five-member board of directors who are appointed by the Governor and
confirmed by the Senate for four-year terms.
The bill requires DEO to establish annual performance standards and develop a detailed report of the
performance of FDFC each year, which will be included in DEO's annual report to the Governor, President and
Speaker.
The bill increases the membership of the FDFC board from five to seven, adding the executive director of DEO
(to serve as chair of the board) and the director of the Division of Bond Finance.
The bill provides thats. 288.9604, F.S., the statute creating and authorizing the FDFC, stands repealed
October 1, 2022, and every fourth year thereafter, unless reviewed and saved from repeal by the Legislature.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs1271.WTS.D0CX
DATE: 1/31/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Florida's Workforce Development System
The federal Workforce Investment Act of 1998 0,NIA) was passed by Congress in an effort to improve
the quality of the nation's workforce through implementation of a comprehensive workforce investment
system. 1 WIA required each state to establish an investment board at the state level and to also
establish workforce investment boards to represent local service areas. 2 WIA also called for the
delivery of workforce development services through a system of "one-stop" centers in local
communities. 3 Some key principles of WIA were to better integrate workforce services, empower
individuals, provide universal access to participants, increase accountability, and improve youth
programs. 4
In response to WIA, Florida established a workforce development system under the Workforce
Investment Act of 2000. 5 The act aimed to better connect the state's economic development strategies
with its workforce development system and to implement the principles of the federal WIA. 6
Federal Workforce Innovation and Opportunity Act of 2014
In 2014, Congress passed the Workforce Innovation and Opportunity Act (WIOA), which superseded
the Workforce Investment Act of 1998. 7 WIOA requires each state to develop a single, unified plan for
aligning workforce services through the identification and evaluation of core workforce programs. 8 In
general, WIOA maintains the one-stop framework of WIA, and encompasses provisions aimed at
streamlining services, easing reporting requirements, and reducing administrative barriers. 9 WIOA
officially became effective on July 1, 2015, the first full program year after enactment.
Core Programs
WIOA identifies four core programs that must coordinate and complement each other in a manner that
ensures job seekers have access to needed resources. 10 The core programs are:
• Adult, Dislocated Worker and Youth Programs;
• Employment Services under the Wagner-Peyser Employment Act;
• Vocational Rehabilitation Services; and
• Adult Education and Literacy Activities.
Performance Measures
1
Workforce Investment Act of 1998, 29 U.S.C. § 2801 (1998), repealed by Workforce Innovation and Opportunity Act, Pub. L. No.
113-128, H.R. 803, 113th Cong. (July 22, 2014)(codified at 29 U.S.C. § 3101, et seq.).
2
See 29 U .S.C. § 2821 and 29 U .S.C. § 2832 ( 1998).
3
See 29 U.S.C. § 2841 (1998).
4
See 29 U.S.C. § 2811 (1998).
5
Ch. 2000-165, Laws ofFla.
6
Sees. 445.003, F.S.
7
Workforce Innovation and Opportunity Act, 29 U.S.C. § 3101 et seq. (2014).
8
See 29 U.S.C. § 3 l 12(a).
9
See 29 U.S.C. § 3111.
10
See 29 U.S.C. § 3102(13).
STORAGE NAME: pcs1271.WTS.DOCX PAGE: 2
DATE: 1/31/2020
In an effort to promote transparency and accountability, WIOA created a single set of common
measures for the evaluation of core programs. 11 WIOA requires performance reports to be provided at
the state, local, and trainer provider levels. The performance measures that now apply across all core
programs are:
• The percentage of participants in unsubsidized employment during second quarter after exit;
• The percentage of participants in unsubsidized employment during fourth quarter after exit;
• The median earnings of participants during second quarter after exit;
• The percentage of participants who obtain a postsecondary credential or secondary school
diploma within 1 year after exit;
• The achievement of measureable skill gains toward credentials or employment; and
• The effectiveness in serving employers.
State Workforce Development Plan
Using the common performance measures for core programs, WIOA requires each state to develop
and submit a unified state plan based on a 4-year strategy for workforce development. 12 The state plan
must describe an overall strategy for the core programs and how the strategy will meet needs for
workers, job seekers, and employers. 13 WIOA also provides an option for states to submit a combined
plan that outlines plans for the core programs along with additional workforce programs. 14
Regional Planning and Local Workforce Development Boards
WIOA requires states to identify regional planning areas for workforce development strategies. 15 Within
each area, a local workforce development board must be established. 16 Each local workforce
development board is required to coordinate planning and service delivery strategies within their area. 17
Formulated strategies are then used by the local workforce development board to develop and submit a
local plan for the delivery of workforce services. 18
One-Stop Delivery System
WIOA aims to strengthen the one-stop delivery system by requiring each local area to have at least one
comprehensive one-stop delivery provider. 19 A comprehensive one-stop delivery provider supplies
physical access to services provided by core partners, as well as other mandatory partners. 20 WIOA
mandates that each partner shares in the funding of services and infrastructure costs of the one-stop
delivery system. 21
Florida's Implementation of WIOA
In 2016, Florida made changes to the workforce development system to conform to the new federal
guidelines established by WIOA. 22 Under the current workforce development system, DEO,
11
See 29 U.S.C. § 3141.
12
See 29 U.S.C. § 3 l 12(a).
13
See 29 U.S.C. § 3 l 12(b).
14
See 29 U.S.C. § 3113.
15
See 29 U.S.C. § 3121.
16 Id.
17
See 29 U.S.C. § 3122.
18
See 29 U.S.C. § 3123.
19
See 29 U.S.C. § 3151.
20
Other mandatory partners may include programs under the Older Americans Act, Department of Housing and Urban Development,
Social Security Act, Perkins Career and Technical Education Act, the Community Service Block Grant Act, and certain adult
education and literacy activities. 29 U.S.C. § 3151 (b).
21
See 29 U.S.C. § 3151(2).
22
Ch. 2016-216, Laws ofFla.
STORAGE NAME: pcs1271.WTS.D0CX PAGE: 3
DATE: 1/31/2020
CareerSource, and 24 local workforce development boards act as partners in administering Florida's
comprehensive system for the delivery of workforce strategies, services, and programs.
Department of Economic Opportunity (DEO)
DEO serves as Florida's lead workforce agency. 23 DEO is responsible for the fiscal and administrative
affairs of the workforce development system. 24 DEO receives and distributes federal funds for
employment-related programs to the local workforce development boards. 25 Additionally, under the
direction of CareerSource, DEO must annually meet with each local workforce development board to
review the board's performance and to certify that the board is in compliance with applicable state and
federal law. 26
CareerSource Florida, Inc. (CareerSource)
CareerSource Florida, Inc., a not-for-profit corporation, serves as Florida's state-level workforce
development board. 27 CareerSource is responsible for the development of a 4-year plan that is
consistent with the requirements of WIOA2 8 and collaborates with DEO, the local workforce
development boards, and one-stop service providers to ensure workforce services are consistent with
state and local plans. 29 CareerSource also provides state-level policy direction, planning, and
performance evaluation of the delivery of workforce services. 30
Local Workforce Development Boards
Twenty-four local workforce development boards deliver Florida's workforce development services
through over 100 one-stop service providers. 31 The one-stop service providers give Floridians access
to available workforce services, including job placement, career counseling, and skills training. 32
Collectively, the local workforce development boards operate under a charter approved by
CareerSource. 33 Each local workforce development board formulates a local budget and oversees the
one-stop delivery system within its local area. 34
Review of CareerSource Tampa Bay and CareerSource Pinellas
In response to a series of articles by the Tampa Bay Times, 35 reporting on questionable practices,
violations and malfeasance by CareerSource Tampa Bay and CareerSource Pinellas, the US
Department of Labor conducted a review of the two local workforce development boards. The review
found "fake" job placements, falsified records, and a number of other violations of WIA and WIOA,
resulting in over $17 million in questionable costs. 36
23
Primarily through the Division of Workforce Services. Sees. 20.60, F.S.
24
S. 445.009(3)(c), F.S.
25
Sees. 445.003, F.S.
26
Sees. 445.007(3), F.S.
27
S. 445.004(5)(a), F.S. Prior to 2014, CareerSource was known as Workforce Florida, Inc.
28
S. 445.003(2), F.S.
29
Sees. 445.004, F.S.
30 Id.
31
DEO, CareerSource Florida Network Directory, http://lcd.floridajobs.org/ (last visited Jan. 17, 2020).
32
Sees. 445.009, F.S.
33
Sees. 445.004, F.S.
34
S. 445.007(12), F.S.
35 Puente and Sampson, CareerSource: Read the entire investigation, TAMPA BAY TIMES (Dec. 21, 2018),
https://www.tampabay.com/investigations/2018/12/20/careersource-read-the-entire-investigation/ (last visited Jan. 22, 2020).
36
U.S. Dept. of Labor, Compliance Review of CareerSource Tampa Bay and CareerSource Pinellas (May 15, 2019),
http://floridajobs.org/docs/ default-source/lwdb-resources/program-monitoring-and-reports/20 19-usdol-compliance-review-and-deo-
response/final-florida-comp liance-review---cstb-csp-workforce-areas---16-may-2019 .pdf?sfvrsn=2 (last visited Jan. 22, 2020)
STORAGE NAME: pcs1271.WTS.D0CX PAGE: 4
DATE: 1/31/2020
In summary, the US Department of Labor reported that "The improper administration of Federal
employment and training funds by the two local workforce boards lead to blatant non-compliance with
WIOA requirements. This was further compounded by the lack of fiduciary oversight which fostered an
environment vulnerable to mismanagement, waste, fraud, and abuse to occur undetected." 37 The
report detailed 17 findings of non-compliance and 3 areas of concern.
Florida Development Finance Corporation
The Florida Development Finance Corporation (FDFC) is a statewide development financing authority
created by the Legislature in 1993. 38 The original purpose of the FDFC was to foster the growth of
manufacturing and other strong job-creating businesses in Florida by brokering private-activity bond
financing through inter-local agreements with counties, municipalities, and other local political
subdivisions. 39
The FDFC is governed by a five-member board of directors who are appointed by the Governor and
confirmed by the Senate for four-year terms. 40 At least three of the FDFC's directors must be bankers
selected from a list of candidates nominated by the Enterprise Florida, Inc. (EFI), and one must be an
economic development specialist. 41 The directors are vested with the FDFC's powers, and may take
action on behalf of the corporation by a vote of a majority of the directors present at a meeting, unless
otherwise required by the FDFC's bylaws. 42 The directors do not receive compensation for their
service, but are entitled to necessary expenses, including travel expenses. 43 Lastly, the board is
empowered to employ a staff to facilitate the FDFC's functions. 44
The FDFC must provide an annual report to the Governor, the Legislature, the Auditor General, and the
governing body of each public entity with which it has an interlocal agreement, which details:
• The FDFC's activities, operations, and accomplishments, including the specific number of
businesses that the FDFC assisted;
• The FDFC's assets, liabilities, income, and operating expenses, including a description of all
outstanding revenue bonds; and
• Any findings made by the Auditor General in an audit conducted pursuant to s. 11.45, F.S.
In the 2010 legislative session, the FDFC's responsibilities were broadened to allow it to participate in a
federal Department of Energy guaranteed loan program for the development of renewable energy
infrastructure projects, and related energy projects that may be eligible under federal law. 45 The FDFC
has the power to function within the corporate limits of any public agency including local governments
with which it enters into an inter-local agreement. 46
Pursuant to s. 288.9605, F.S., the FDFC operates as a conduit bond issuer that issues bonds on behalf
of borrowers. 47 While the FDFC functions as a mechanism to help borrowers access capital markets, it
37 Id.
38 Ch. 288, part X, F.S. The corporation was created as a "public body corporate and politic" meaning that it is a legal
entity or corporation with a public function. Ch. 93-187, ss. 24-45, Laws of Fla.
39 S. 288.9602, F.S., generally expresses the legislative intent of the FDFC.
40 S. 288.9604(2), F.S.
41 S. 288.9604(2), F.S.
42 S. 288.9604(3), F.S.
43 S. 288.9604(3)(a)1., F.S.
44 S. 288.9604(3)(c), F.S.
45 Ch. 2010-139, ss. 2-10, Laws of Fla.
46 S. 288.9605(2)(e), F.S.
47 "[The] FDFC facilitated the issuance of debt obligations ... [t]hese bonds do not constitute a general debt, liability or
obligation of FDFC, the state, or any local government." Florida Development Finance Corporation, Financial Statements
for the Year Ended June 30, 2019, 12 (on file with the Senate Committee on Commerce and Tourism). See also, FDFC,
Bond Financing, https://www.fdfcbonds.com/traditional-bonds (last visited Jan. 21, 2020).
STORAGE NAME: pcs1271.WTS.D0CX PAGE: 5
DATE: 1/31/2020
does not take on responsibility of debt repayment, even when a borrower fails to repay. 48 Conversely,
the FDFC does not guarantee the bonds it issues but certain borrowers may opt in to the guaranty fund
established by the FDFC pursuant to s. 288.9607, F.S., which guarantees that the bonds issued will be
repaid. This guaranty fund consists of premiums paid by businesses that wish to participate in the fund
and by a property interest in the infrastructure built with the insured bond's proceeds. 49
A majority of the FDFC's financial assistance results from the issuance of municipal bonds, of which it
may issue either a taxable revenue bond or a tax-exempt bond. 50 The bonds issued can provide
financing for projects that further public purposes and are issued on behalf of a range of organizations.
Tax exempt bonds, known also as Private Activity Bonds, require additional borrower qualification
processes, including approval pursuant to the Tax Equity and Fiscal Responsibility Act of 1986
(TEFRA) and allocation from the Florida State Board of Administration's Division of Bond Finance.
These bonds are more lucrative financing options because they tend to have a lower interest rate than
bank loans or taxable fixed-income securities, and investors benefit by not paying income taxes on
interest payments. 51 The FDFC helps its borrowers pursue Private Activity Bonds by assisting them
with the additional qualification processes. 52 In the fiscal year ending June 30, 2019, the FDFC
facilitated the issuance of $2,885,710,000 in eight new money bonds.
The FDFC also administers the Property Assessed Clean Energy (PACE) program, for which it also
may issue bonds and other financial assistance that supports energy conservation. 53 The PACE
Program was launched June 29, 2017, and allows a property owner to use equity accrued from the
original purchase as the basis for an extension of credit. 54 The PACE Program facilitated $19,353,886
in five taxable residential bonds for the 2018-19 fiscal year. 55
FDFC's revenues are generated exclusively by fees it charges for the issuance of bonds. 56 The fees
assessed are a $1,500 application fee and a tiered issuance fee due at the time of closing (sale of
bonds). The tiered issuance fee is based on the face value of the bond issued: bonds valued from $0 -
$2.5 million pay 75 basis points (0.75%); bonds valued from $2.5-$32.5 million pay 25 basis points
(0.25%); and bonds valued over $32.5 million pay 10 basis points (0.10%). 57
Division of Bond Finance
The Division of Bond Finance (Division) was created by the Legislature in 1969 to issue bonds on
behalf of local governments and agencies of the State of Florida. It assumed the powers of its
predecessor, the Florida Development Commission. The Division has been administratively housed
within the State Board of Administration since 1992, and operates under the control of a governing
board which consists of the Governor and Cabinet. 58 The Division has the power to:
• Sue and be sued;
48 Id.
49 The guaranty may not exceed 5% of the aggregate principal amount of bonds or other indebtedness relating to any
capital project. S. 288.9607, F.S.
°
5 FDFC, About Us, https://www.fdfcbonds.com/copy-of-about-us (last visited Jan. 21, 2020).
51 Steven Maguire and Joseph Hughes, Congressional Research Service, Private Activity Bonds: An Introduction (July 13,
2018), https://fas.org/sgp/crs/misc/RL31457.pdf (last visited Jan. 21, 2020).
52 FDFC, Bond Financing, supra.
53 FDFC, Property Assessed Clean Energy "PACE"- Commercial PACE, https://www.fdfcbonds.com/pace-commerical
(last visited Jan. 21, 2020). See also, s. 288.9606(7), F.S.
54 Id.
55 FDFC, Financial Statements for the Year Ended June 30, 2019, supra, at 3.
56 Id. at 6.
57 FDFC, Conduit Issuance Policy, 6-7 (Feb. 26, 2019), https://ca5cce56-0e6c-4988-82a7-
74892bf1d07e.filesusr.com/ugd/b1 b27e Ob227d45ff2b4e139bb36f2846f70b4b.pdf (last visited Jan. 21, 2020).
58 Division of Bond Finance, About the Division of Bond Finance, https://www.sbafla.com/bond/Home/About-the-Division-
of-Bond-Finance (last visited January 21, 2020).
STORAGE NAME: pcs1271.WTS.D0CX PAGE: 6
DATE: 1/31/2020
• Issue any bonds of the state, and to issue bonds on behalf of any state agency;
• Exercise all of the powers relating to the issuance of bonds of any state agency;
• Employ a director of the division to be designated by the Governor;
• Employ or retain persons, firms, or corporations;
• Prepare resolutions and other necessary proceedings relating to the issuance and sale of
bonds;
• Sell all state bonds authorized by law;
• Request assistance related to bond issuance from any state agency;
• Exercise the power of eminent domain;
• Remit the proceeds of any bonds sold for any state agency;
• Exercise control over the state's arbitrage compliance program; and
• Undertake investigations. 59
The Division also determines the allocations for private activity bonds permitted to be issued in Florida
under the Internal Revenue Code. 60
Effect of the Bill
Florida's Workforce Development System
The bill defines the term "state board" to mean the state workforce development board established
pursuant to the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, Title I, s. 101. The bill
provides that the state board will be supported by CareerSource, which works at the direction of the
state board in consultation with DEO.
The bill reassigns many of CareerSource powers, duties and responsibilities to DEO, the state board,
or the state board in consultation with DEO and makes a number of conforming changes to reflect this
adjustment in the relationship between DEO, CareerSource, and the state board.
The bill specifies that CareerSource must operate under an agreement with DEO and repeals the
provision in current law which states that CareerSource is not subject to the control, supervision, or
direction of DEO.
The bill provides for the state board to serve as the board of directors of CareerSource. The bill also
provides for the state board to hire an executive director for CareerSource, who will serve as the
president, the chief executive officer, and an employee of CareerSource.
The bill directs CareerSource to:
• operate at the direction of the state board;
• provide support, including administrative support, to the state board;
• work at the direction of the state board in consultation with DEO when appropriate; and
• implement the policy directives of the state board and administer state workforce development
programs as authorized by law, in accordance with its agreement with DEO.
The bill authorizes the state board to hire a director and staff to assist in carrying out the functions and
spending the funds made available through WIOA. The bill also directs the state board to authorize the
director and staff to work with the department in carrying out the functions of WIOA.
The bill requires that the state board notify the Governor and DEO of statewide or local workforce
development and training needs that may require policy changes or an update to the state plan
59 S. 215.64, F.S.
60 S. 159.804, F.S. See also, Division of Bond Finance, Tax Equity and Fiscal Responsibility Act (TEFRA) Approval,
https://www.sbafla.com/bondfinance/Other-Functions/TEFRA (last visited Jan. 21, 2020).
STORAGE NAME: pcs1271.WTS.D0CX PAGE: 7
DATE: 1/31/2020
required under s. 445.003, F.S. The bill also requires CareerSource to report all donations and grants
they receive to the state board and DEO.
The bill authorizes the chief elected official of a local workforce development board to remove, for
cause, a member of the local board, the executive director of the local board, or the designated person
responsible for the operational and administrative functions of the local board.
The bill defines the term "for cause" to include, but not limited to, engaging in fraud or other criminal
acts, incapacity, unfitness, neglect of duty, official incompetence and irresponsibility, misfeasance,
malfeasance, nonfeasance, or lack of performance.
The bill also deletes a number of obsolete provisions.
Florida Development Finance Corporation
Relating to the board of directors of the Florida Development Finance Corporation, the bill:
• Increases the board of directors from five to seven members.
• Provides that the executive director of DEO, or his or her designee, serve as the chair of the
board.
• Provides that the director of the Division of Bond Finance, or his or her designee, serve on the
board.
• Specifies that the Governor will appoint the remaining five members, subject to confirmation by
the Senate. Of the five appointed members:
o Three or more must be bankers or persons with experience in finance.
o One must be an economic development specialist.
• Specifies that the board may remove appointed directors under certain circumstances.
The bill requires DEO to develop a detailed report concerning the performance of FDFC each year, and
to include the report, along with an existing summary report of FDFC, in its annual report to the
Governor, President and Speaker. The bill also requires DEO to establish annual performance
standards for FDFC and to annually report on how such performance measures are being met.
The bill provides thats. 288.9604, F.S., the statute creating and authorizing the FDFC, stands repealed
October 1, 2022, and every fourth year thereafter, unless reviewed and saved from repeal by the
Legislature.
The bill specifies that an FDFC contract or interlocal agreement in existence before July 1, 2020, will
remain in effect and be binding on successors.
The bill provides for an effective date of July 1, 2020.
B. SECTION DIRECTORY:
Section 1 Amends s. 445.002, F.S., defining the terms "for cause" and "state board".
Section 2 Amends s. 445.003, F.S., replacing CareerSource Florida, Inc., with the state board or
the Department of Economic Opportunity in provisions relating to the implementation of
the federal Workforce Innovation and Opportunity Act; authorizing, rather than requiring,
certain funds to be reserved for the Incumbent Worker Training Program; conforming
provisions to changes made by the act; authorizing the state board to hire a director and
staff; requiring the state board to authorize the director and staff to work with the
department for specified reasons.
Section 3 Amends s. 445.004, F.S., revising provisions relating to the operation of CareerSource
Florida, Inc.; revising the purpose of CareerSource Florida, Inc.; providing purpose for
STORAGE NAME: pcs1271.WTS.D0CX PAGE: 8
DATE: 1/31/2020
the state board; revising the organizational structure of CareerSource Florida, Inc.;
providing requirements for the organizational structure of the state board; providing the
state board with powers and authority previously held by CareerSource Florida, Inc.;
revising the requirements related to such powers and authority; requiring the state
board, rather than CareerSource Florida, Inc., to submit an annual report to the
Governor and the Legislature; authorizing the Auditor General to conduct an audit of the
state board and programs or entities created by the state board; requiring the state
board, rather than CareerSource Florida, Inc., to establish certain uniform performance
accountability measures; requiring the state board, in consultation with the department,
to design the workforce development strategy for the state; requiring that the strategy be
approved by the Governor; revising requirements relating to the workforce development
system; authorizing the department to consult with the state board to issue certain
technical assistance letters.
Section 4 Amends s. 445.006, F.S., requiring that the state board, rather than CareerSource
Florida, Inc., take certain actions relating to the state plan for workforce development.
Section 5 Amends s. 445.007, F.S., replacing CareerSource Florida, Inc., with the state board or
the department in provisions relating to local workforce development boards; deleting the
definition of the term "cause"; authorizing a chief elected official for a local workforce
development board to remove certain persons from the board for cause; requiring the
department to provide certain guidance to specified entities; deleting an obsolete
provision; making technical changes.
Section 6 Amends s. 445.0071, F.S., replacing CareerSource Florida, Inc., with the state board or
the department in provisions relating to the Florida Youth Summer Jobs Pilot Program.
Section 7 Amends s. 445.008, F.S., revising authority relating to the Workforce Training Institute;
requiring that certain donations and grants be reported to the state board and the
department.
Section 8 Amends s. 445.009, F.S., replacing CareerSource Florida, Inc., with the state board or
the department in provisions relating to one-stop delivery systems; deleting an obsolete
provision.
Section 9 Amends s. 445.011, F.S., replacing CareerSource Florida, Inc., with the department in
provisions relating to workforce information systems; requiring the department to consult
with the state board in implementing certain automated information systems; deleting a
provision requiring CareerSource Florida, Inc., to take certain actions when procuring
workforce information systems.
Sections 10-32 Conforms provisions to changes made by the act.
Section 33 Amends s. 20.60, F.S., requiring the executive director of the Department of Economic
Opportunity to serve as the chair of the board of directors of the Florida Development
Finance Corporation; requiring the department to include specified information in its
annual report and develop annual performance standards for the corporation;
conforming provisions to changes made by the act.
Section 34 Amends s. 288.9604, F.S., revising the membership of the board of directors of the
Florida Development Finance Corporation; conforming provisions to changes made by
the act; providing for future repeals; requiring the current chair and vice chair of the
board of directors of the Florida Development Finance Corporation to serve as appointed
directors after a specified date.
STORAGE NAME: pcs1271.WTS.DOCX PAGE: 9
DATE: 1/31/2020
Section 35 Provides construction.
Section 36 Amends s. s. 288.9610, F.S., requiring the Florida Development Finance Corporation to
submit an annual report containing specified information to the Department of Economic
Opportunity.
Section 37 Provides that certain contracts and interlocal agreements remain in effect and binding
under certain circumstances.
Section 38 Provides for an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
STORAGE NAME: pcs1271.WTS.DOCX PAGE: 10
DATE: 1/31/2020
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: pcs1271.WTS.DOCX PAGE: 11
DATE: 1/31/2020
F L O R D A H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1 A bill to be entitled
2 An act relating to state economic development
3 entities; amending s. 445.002, F.S.; defining the
4 terms "for cause" and "state board"; amending s.
5 445.003, F.S.; replacing CareerSource Florida, Inc.,
6 with the state board or the Department of Economic
7 Opportunity in provisions relating to the
8 implementation of the federal Workforce Innovation and
9 Opportunity Act; authorizing, rather than requiring,
10 certain funds to be reserved for the Incumbent Worker
11 Training Program; conforming provisions to changes
12 made by the act; authorizing the state board to hire a
13 director and staff; requiring the state board to
14 authorize the director and staff to work with the
15 department for specified reasons; amending s. 445.004,
16 F.S.; revising provisions relating to the operation of
17 CareerSource Florida, Inc.; revising the purpose of
18 CareerSource Florida, Inc.; providing purpose for the
19 state board; revising the organizational structure of
20 CareerSource Florida, Inc.; providing requirements for
21 the organizational structure of the state board;
22 providing the state board with powers and authority
23 previously held by CareerSource Florida, Inc.;
24 revising the requirements related to such powers and
25 authority; requiring the state board, rather than
26 CareerSource Florida, Inc., to submit an annual report
Page 1 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R D A H O U S E 0 F R E P R E S E N T A T V E S
PCS for HB 1271 2020
27 to the Governor and the Legislature; authorizing the
28 Auditor General to conduct an audit of the state board
29 and programs or entities created by the state board;
30 requiring the state board, rather than CareerSource
31 Florida, Inc., to establish certain uniform
32 performance accountability measures; requiring the
33 state board, in consultation with the department, to
34 design the workforce development strategy for the
35 state; requiring that the strategy be approved by the
36 Governor; revising requirements relating to the
37 workforce development system; authorizing the
38 department to consult with the state board to issue
39 certain technical assistance letters; amending s.
40 445.006, F.S.; requiring that the state board, rather
41 than CareerSource Florida, Inc., take certain actions
42 relating to the state plan for workforce development;
43 amending s. 445.007, F.S.; replacing CareerSource
44 Florida, Inc., with the state board or the department
45 in provisions relating to local workforce development
46 boards; deleting the definition of the term "cause";
47 authorizing a chief elected official for a local
48 workforce development board to remove certain persons
49 from the board for cause; requiring the department to
50 provide certain guidance to specified entities;
51 deleting an obsolete provision; making technical
52 changes; amending s. 445.0071, F.S.; replacing
Page 2 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R D A H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
53 CareerSource Florida, Inc., with the state board or
54 the department in provisions relating to the Florida
55 Youth Summer Jobs Pilot Program; amending s. 445.008,
56 F.S.; revising authority relating to the Workforce
57 Training Institute; requiring that certain donations
58 and grants be reported to the state board and the
59 department; amending s. 445.009, F.S.; replacing
60 CareerSource Florida, Inc., with the state board or
61 the department in provisions relating to one-stop
62 delivery systems; deleting an obsolete provision;
63 amending s. 445.011, F.S.; replacing CareerSource
64 Florida, Inc., with the department in provisions
65 relating to workforce information systems; requiring
66 the department to consult with the state board in
67 implementing certain automated information systems;
68 deleting a provision requiring CareerSource Florida,
69 Inc., to take certain actions when procuring workforce
70 information systems; amending s. 445.014, F.S.;
71 replacing CareerSource Florida, Inc., with the state
72 board in provisions relating to the establishment of
73 one-stop delivery systems; amending s. 445.021, F.S.;
74 replacing CareerSource Florida, Inc., with the state
75 board in provisions relating to the relocation
76 assistance program; amending s. 445.022, F.S.;
77 replacing CareerSource Florida, Inc., with the state
78 board in provisions relating to Retention Incentive
Page 3 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R D A H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
79 Training Accounts; amending s. 445.024, F.S.;
80 replacing CareerSource Florida, Inc., with the state
81 board in provisions relating to certain contract
82 exceptions; amending s. 445.026, F.S.; replacing
83 CareerSource Florida, Inc., with the state board in
84 provisions relating to cash assistance severance
85 benefits; amending s. 445.028, F.S.; replacing
86 CareerSource Florida, Inc., with the department in
87 provisions relating to transitional benefits and
88 services; amending s. 445.030, F.S.; replacing
89 CareerSource Florida, Inc., with the state board in
90 provisions relating to transitional education and
91 training; amending s. 445.033, F.S.; replacing
92 CareerSource Florida, Inc., with the state board in
93 provisions relating to evaluations of TANF-funding
94 programs; amending s. 445.035, F.S.; replacing
95 CareerSource Florida, Inc., with the state board in
96 provisions relating to data collection and reporting;
97 amending s. 445.048, F.S.; replacing CareerSource
98 Florida, Inc., with the state board in provisions
99 relating to the Passport to Economic Progress program;
100 amending s. 445.051, F.S.; replacing CareerSource
101 Florida, Inc., with the state board in provisions
102 relating to individual development accounts; amending
103 s. 445.055, F.S.; replacing CareerSource Florida,
104 Inc., with the state board in provisions relating to
Page 4 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
105 the establishment of an employment advocacy and
106 assistance program targeting a certain group; amending
107 ss. 11.45, 288.901, 331.369, 413.405, 414.045,
108 420.622, 443.171, 443.181, 446.71, 1011.80, and
109 1011.801, F.S.; conforming provisions to changes made
110 by the act; amending s. 20.60, F.S.; requiring the
111 executive director of the department to serve as the
112 chair of the board of directors of the Florida
113 Development Finance Corporation; requiring the
114 department to include specified information in its
115 annual report and develop annual performance standards
116 for the corporation; conforming provisions to changes
117 made by the act; amending s. 288.9604, F.S.; revising
118 the membership of the board of directors of the
119 corporation; conforming provisions to changes made by
120 the act; providing for future repeals; requiring the
121 current chair and vice chair of the board of directors
122 of the corporation to serve as appointed directors
123 after a specified date; providing construction;
124 amending s. 288.9610, F.S.; requiring the corporation
125 to submit an annual report containing specified
126 information to the department; providing that certain
127 contracts and interlocal agreements remain in effect
128 and binding under certain circumstances; providing an
129 effective date.
130
Page 5 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
131 Be It Enacted by the Legislature of the State of Florida:
132
133 Section 1. Subsections (2) and (3) of section 445.002,
134 Florida Statutes, are renumbered as subsections (3) and (5),
135 respectively, and new subsections (2) and (4) are added to that
136 section to read:
137 445.002 Definitions.-As used in this chapter, the term:
138 ( 2) 11
For cause II includes, but is not limited to, engaging
139 in fraud or other criminal acts, incapacity, unfitness, neglect
140 of duty, official incompetence and irresponsibility,
141 misfeasance, malfeasance, nonfeasance, or lack of performance.
142 ( 4) 11
State board II means the state workforce development
143 board established pursuant to the Workforce Innovation and
144 Opportunity Act, Pub. L. No. 113-128, Title I, s. 101. The state
145 board shall be supported by CareerSource Florida, Inc., which
146 works at the direction of the state board in consultation with
147 the department as required by this chapter.
148 Section 2. Subsections ( 2) , ( 3) , ( 4) , and ( 5) of section
149 445.003, Florida Statutes, are amended, and subsection (6) is
150 added to that section, to read:
151 445.003 Implementation of the federal Workforce Innovation
152 and Opportunity Act.-
153 (2) FOUR-YEAR PLAN.-The state board CareerSource Florida,
154 Inc., shall prepare and submit a 4-year plan, consistent with
155 the requirements of the Workforce Innovation and Opportunity
156 Act. Mandatory and optional federal partners shall be fully
Page 6 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
157 involved in designing the plan's one-stop delivery system
158 strategy. The plan must clearly define each program's statewide
159 duties and role relating to the system. The plan must detail a
160 process that would fully integrate all federally mandated and
161 optional partners.
162 (3) FUNDING.-
163 (a) Title I, Workforce Innovation and Opportunity Act
164 funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be
165 expended based on the 4-year plan of the state board
166 CareerSource Florida, Inc. The plan must outline and direct the
167 method used to administer and coordinate various funds and
168 programs that are operated by various agencies. The following
169 provisions apply to these funds:
170 1. At least 50 percent of the Title I funds for Adults and
171 Dislocated Workers which are passed through to local workforce
172 development boards shall be allocated to and expended on
173 Individual Training Accounts unless a local workforce
174 development board obtains a waiver from the state board
175 CareerSource Florida, Inc. Tuition, books, and fees of training
176 providers and other training services prescribed and authorized
177 by the Workforce Innovation and Opportunity Act qualify as
178 Individual Training Account expenditures.
17 9 2. Fifteen percent of Title I funding shall be retained at
180 the state level and dedicated to state administration and shall
181 be used to design, develop, induce, and fund innovative
182 Individual Training Account pilots, demonstrations, and
Page 7 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
183 programs. Of such funds retained at the state level, $2 million
184 may shall be reserved for the Incumbent Worker Training Program
185 created under subparagraph 3. Eligible state administration
186 costs include the costs of funding for the state board and state
187 board staff of CareerSource Florida, Inc.; operating fiscal,
188 compliance, and management accountability systems through the
189 department CareerSource Florida, Inc.; conducting evaluation and
190 research on workforce development activities; and providing
191 technical and capacity building assistance to local workforce
192 development areas at the direction of the state board
193 CareerSource Florida, Inc. Notwithstanding s. 445.004, such
194 administrative costs may not exceed 25 percent of these funds.
195 An amount not to exceed 75 percent of these funds shall be
196 allocated to Individual Training Accounts and other workforce
197 development strategies for other training designed and tailored
198 by the department in consultation with the state board
199 CareerSource Florida, Inc., including, but not limited to,
200 programs for incumbent workers, nontraditional employment, and
201 enterprise zones. The department, in consultation with the state
202 board CareerSource Florida, Inc., shall design, adopt, and fund
203 Individual Training Accounts for distressed urban and rural
204 communities.
205 3. The Incumbent Worker Training Program is created for
206 the purpose of providing grant funding for continuing education
207 and training of incumbent employees at existing Florida
208 businesses. The program will provide reimbursement grants to
Page 8 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
209 businesses that pay for preapproved, direct, training-related
210 costs.
211 a. The Incumbent Worker Training Program will be
212 administered by CareerSource Florida, Inc., which may, at its
213 discretion, contract with a private business organization to
214 serve as grant administrator.
215 b. The program shall be administered pursuant to s.
216 134(d) (4) of the Workforce Innovation and Opportunity Act.
217 Priority for funding shall be given to businesses with 25
218 employees or fewer, businesses in rural areas, businesses in
219 distressed inner-city areas, businesses in a qualified targeted
220 industry, businesses whose grant proposals represent a
221 significant upgrade in employee skills, or businesses whose
222 grant proposals represent a significant layoff avoidance
223 strategy.
224 c. All costs reimbursed by the program must be preapproved
225 by CareerSource Florida, Inc., or the grant administrator. The
226 program may not reimburse businesses for trainee wages, the
227 purchase of capital equipment, or the purchase of any item or
228 service that may possibly be used outside the training project.
229 A business approved for a grant may be reimbursed for
230 preapproved, direct, training-related costs including tuition,
231 fees, books and training materials, and overhead or indirect
232 costs not to exceed 5 percent of the grant amount.
233 d. A business that is selected to receive grant funding
234 must provide a matching contribution to the training project,
Page 9 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
235 including, but not limited to, wages paid to trainees or the
236 purchase of capital equipment used in the training project; must
237 sign an agreement with CareerSource Florida, Inc., or the grant
238 administrator to complete the training project as proposed in
239 the application; must keep accurate records of the project's
240 implementation process; and must submit monthly or quarterly
241 reimbursement requests with required documentation.
242 e. All Incumbent Worker Training Program grant projects
243 shall be performance-based with specific measurable performance
244 outcomes, including completion of the training project and job
245 retention. CareerSource Florida, Inc., or the grant
246 administrator shall withhold the final payment to the grantee
247 until a final grant report is submitted and all performance
248 criteria specified in the grant contract have been achieved.
249 f. The state board CareerSource Florida, Inc., may
250 establish guidelines necessary to implement the Incumbent Worker
251 Training Program.
252 g. No more than 10 percent of the Incumbent Worker
253 Training Program's total appropriation may be used for overhead
254 or indirect purposes.
255 4. At least 50 percent of Rapid Response funding shall be
256 dedicated to Intensive Services Accounts and Individual Training
257 Accounts for dislocated workers and incumbent workers who are at
258 risk of dislocation. The department CareerSource Florida, Inc.,
259 shall also maintain an Emergency Preparedness Fund from Rapid
260 Response funds, which will immediately issue Intensive Service
Page 10 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
261 Accounts, Individual Training Accounts, and other federally
262 authorized assistance to eligible victims of natural or other
263 disasters. At the direction of the Governor, these Rapid
264 Response funds shall be released to local workforce development
265 boards for immediate use after events that qualify under federal
266 law. Funding shall also be dedicated to maintain a unit at the
267 state level to respond to Rapid Response emergencies and to work
268 with state emergency management officials and local workforce
269 development boards. All Rapid Response funds must be expended
270 based on a plan developed by the state board in consultation
271 with the department CareerSource Florida, Inc., and approved by
272 the Governor.
273 (b) The administrative entity for Title I, Workforce
274 Innovation and Opportunity Act funds, and Rapid Response
275 activities is the department of Economic Opportunity, which
276 shall provide direction to local workforce development boards
277 regarding Title I programs and Rapid Response activities
278 pursuant to the direction of CareerSource Florida, Inc.
279 ( 4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
280 MODIFICATIONS.-
281 (a) The state board CareerSource Florida, Inc., may
282 provide indemnification from audit liabilities to local
283 workforce development boards that act in full compliance with
284 state law and board policy.
285 (b) The state board, in consultation with the department
286 CareerSource Florida, Inc., may make modifications to the
Page 11 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
287 state's plan, policies, and procedures to comply with federally
288 mandated requirements that in its judgment must be complied with
289 to maintain funding provided pursuant to Pub. L. No. 113-128.
290 The state board shall provide written notice to the Governor,
291 the President of the Senate, and the Speaker of the House of
292 Representatives within 30 days after any such changes or
293 modifications.
294 (c) The state board CareerSource Florida, Inc., shall
295 enter into a memorandum of understanding with the Florida
296 Department of Education to ensure that federally mandated
297 requirements of Pub. L. No. 113-128 are met and are in
298 compliance with the state plan for workforce development.
299 (5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.-The
300 state board CareerSource Florida, Inc., may recommend workforce-
301 related divisions, bureaus, units, programs, duties,
302 commissions, boards, and councils for elimination,
303 consolidation, or privatization.
304 (6) AUTHORITY TO HIRE DIRECTOR AND STAFF.-The state board
305 may hire a director and staff to assist in carrying out the
306 functions of the Workforce Innovation and Opportunity Act and in
307 using funds made available through the act. The state board
308 shall authorize the director and staff to work with the
309 department in carrying out the functions of the Workforce
310 Innovation and Opportunity Act.
311 Section 3. Section 445.004, Florida Statutes, is amended
312 to read:
Page 12 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
313 445.004 CareerSource Florida, Inc., and the state board;
314 creation; purpose; membership; duties and powers.-
315 (1) CareerSource Florida, Inc., is created as a not-for-
316 profit corporation, which shall be registered, incorporated,
317 organized, and operated in compliance with chapter 617 and shall
318 operate at the direction of the state board. CareerSource
319 Florida, Inc., is not a unit or entity of state government and
320 is exempt from chapters 120 and 287. CareerSource Florida, Inc.,
321 shall apply the procurement and expenditure procedures required
322 by federal law for the expenditure of federal funds.
323 CareerSource Florida, Inc., shall be administratively housed
324 within the department and shall operate under agreement with e-f-
325 Economic Opportunity; however, CareerSource Florida, Inc., is
326 not subject to control, supervision, or direction by the
327 department in any manner. The Legislature finds that public
328 policy dictates that CareerSource Florida, Inc., operate in the
329 most open and accessible manner consistent with its public
330 purpose. To this end, the Legislature specifically declares that
331 CareerSource Florida, Inc., its board, councils, and any
332 advisory committees or similar groups created by CareerSource
333 Florida, Inc., are subject to the provisions of chapter 119
334 relating to public records, and those provisions of chapter 286
335 relating to public meetings.
336 (2) CareerSource Florida, Inc., provides administrative
337 support for the state board, -i--s- the principal workforce policy
338 organization for the state. The purpose of the state board
Page 13 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
339 CareerSource Florida, Inc., is to design and implement
340 strategies that help Floridians enter, remain in, and advance in
341 the workplace, so that they may become more highly skilled and
342 successful, which benefits these Floridians, Florida businesses,
343 and the entire state, and fosters the development of the state's
344 business climate. CareerSource Florida, Inc., shall, consistent
345 with its agreement with the department, implement the policy
346 directives of the state board and administer state workforce
347 development programs as authorized by law.
348 ( 3) (a) CareerSource Florida, Inc., shall be governed by a
349 board of directors, whose membership and appointment must be
350 consistent with Pub. L. No. 113 128, Title I, s. lOl(b). Members
351 of the state board described in Pub. L. No. 113-128, Title I, s.
352 101 (b) (1) (C) (iii) (I) (aa) are shall be nonvoting members. The
353 number of members is directors shall be determined by the
354 Governor, who shall consider the importance of minority, gender,
355 and geographic representation in making appointments to the
356 state board. When the Governor is in attendance, he or she shall
357 preside at all meetings of the state board of directors.
358 (b) The state board of directors of CareerSource Florida,
359 Inc., shall be chaired by a board member designated by the
360 Governor pursuant to Pub. L. No. 113-128. A member may not serve
361 more than two terms.
362 (c) Members appointed by the Governor may serve no more
363 than two terms and must be appointed for 3-year terms. However,
364 in order to establish staggered terms for board members, the
Page 14 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
365 Governor shall appoint or reappoint one-third of the board
366 members for 1-year terms, one-third of the board members for 2-
367 year terms, and one-third of the board members for 3-year terms
368 beginning July 1, 2016. Subsequent appointments or
369 reappointments shall be for 3-year terms, except that a member
370 appointed to fill a vacancy on the board shall be appointed to
371 serve only the remainder of the term of the member whom he or
372 she is replacing, and may be appointed for a subsequent 3-year
373 term. Private sector representatives of businesses, appointed by
374 the Governor pursuant to Pub. L. No. 113-128, shall constitute a
375 majority of the membership of the board. Private sector
376 representatives shall be appointed from nominations received by
377 the Governor, including, but not limited to, those nominations
378 made by the President of the Senate and the Speaker of the House
379 of Representatives. Private sector appointments to the state
380 board must be representative of the business community of this
381 state; no fewer than one-half of the appointments must be
382 representative of small businesses, and at least five members
383 must have economic development experience. Members appointed by
384 the Governor serve at the pleasure of the Governor and are
385 eligible for reappointment.
386 (d) The state board must include the vice chairperson of
387 the board of directors of Enterprise Florida, Inc., and one
388 member representing each of the Workforce Innovation and
389 Opportunity Act partners, including the Division of Career and
390 Adult Education, and other entities representing programs
Page 15 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
391 identified in the Workforce Innovation and Opportunity Act, as
392 determined necessary.
393 (e) A member of the state board of directors of
394 CareerSource Florida, Inc., may be removed by the Governor for
395 cause. Absence from three consecutive meetings results in
396 automatic removal. The chair of the state board CareerSource
397 Florida, Inc., shall notify the Governor of such absences.
398 (f) Representatives of businesses appointed to the state
399 board of directors may not include providers of workforce
400 services.
401 (g) The state board serves as the board of directors of
402 CareerSource Florida, Inc. The state board shall hire an
403 executive director for CareerSource Florida, Inc. The executive
404 director serves as the president, the chief executive officer,
405 and an employee of CareerSource Florida, Inc. The president of
406 CareerSource Florida, Inc., serves at the pleasure of the
407 Governor.
408 (4) (a) The president of CareerSource Florida, Inc., shall
409 be hired by the board of directors of CareerSource Florida,
410 Inc., and shall serve at the pleasure of the Governor in the
411 capacity of an executive director and secretary of CareerSource
412 Florida, Inc.
413 ~-fb+ The state board of directors of CareerSource
414 Florida, Inc., shall meet at least quarterly and at other times
415 upon the call of its chair. The state board and its committees,
416 subcommittees, or other subdivisions may use any method of
Page 16 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
417 telecommunications to conduct meetings, including establishing a
418 quorum through telecommunications, if the public is given proper
419 notice of the telecommunications meeting and is given reasonable
420 access to observe and, if appropriate, participate.
421 J..Ql_+et A majority of the total current membership of the
422 state board of directors of CareerSource Florida, Inc.,
423 constitutes a quorum and is required to organize and conduct the
424 business of the state board, except that a majority of the
425 executive committee is required to adopt or amend the bylaws.
426 (d) A majority of those voting is required to organize and
427 conduct the business of the board, except that a majority of the
428 entire board of directors is required to adopt or amend the
429 bylaws.
430 J....gl-fe+ Except as delegated or authorized by the state
431 board of directors of CareerSource Florida, Inc., individual
432 members have no authority to control or direct the operations of
433 CareerSource Florida, Inc., or the actions of its officers and
434 employees, including the president.
435 ~-f-f-t Members of the state board of directors of
436 CareerSource Florida, Inc., and its committees serve without
437 compensation, but these members and7 the president 7 and -t-h-e
438 employees of CareerSource Florida, Inc., may be reimbursed for
439 all reasonable, necessary, and actual expenses as provided under
440 pursuant to s. 112.061.
441 ~~ The state board shall of directors of CareerSource
442 Florida, Inc., may establish an executive committee consisting
Page 17 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
443 of the chair and at least six additional board members selected
444 by the chair, one of whom must be a representative of organized
445 labor. The executive committee and the president of CareerSource
446 Florida, Inc., have such authority as the state board delegates
447 to them, except that the state board of directors may not
448 delegate to the executive committee authority to take action
449 that requires approval by a majority of the entire state board
450 of directors.
451 J!l-ffl+ The chair may appoint committees to fulfill the
452 state board's responsibilities, to comply with federal
453 requirements, or to obtain technical assistance, and must
454 incorporate members of local workforce development boards into
455 its structure.
456 i.9l_+i+ Each member of the state board of directors who is
457 not otherwise required to file a financial disclosure under
458 pursuant to s. 8, Art. II of the State Constitution ors.
459 112.3144 must file disclosure of financial interests under
460 pursuant to s. 112.3145.
461 (5) The state board has CareerSource Florida, Inc., shall
4 62 flfr'if"e all the powers and authority not explicitly prohibited by
463 statute which are necessary or convenient to carry out and
464 effectuate its purposes as determined by statute, Pub. L. No.
465 113-128, and the Governor, as well as its functions, duties, and
466 responsibilities, including, but not limited to, the following:
467 (a) Serving as the state's workforce development board
4 68 pursuant to Pub. L. No. 113-128. Unless otherwise required by
Page 18 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
469 federal law, at least 90 percent of workforce development
470 funding must go toward direct customer service.
471 (b) Providing oversight and policy direction to ensure
472 that the following programs are administered by the department
473 consistent in compliance with approved plans and under contract
474 with CareerSource Florida, Inc.:
475 1. Programs authorized under Title I of the Workforce
476 Innovation and Opportunity Act, Pub. L. No. 113-128, with the
477 exception of programs funded directly by the United States
478 Department of Labor under Title I, s. 167.
479 2. Programs authorized under the Wagner-Peyser Act of
480 1933, as amended, 29 U.S.C. ss. 49 et seq.
481 3. Activities authorized under Title II of the Trade Act
482 of 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
483 Adjustment Assistance Program.
484 4. Activities authorized under 38 U.S.C. chapter 41,
485 including job counseling, training, and placement for veterans.
486 5. Employment and training activities carried out under
487 funds awarded to this state by the United States Department of
488 Housing and Urban Development.
489 6. Welfare transition services funded by the Temporary
490 Assistance for Needy Families Program, created under the
491 Personal Responsibility and Work Opportunity Reconciliation Act
492 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
493 of the Social Security Act, as amended.
494 7. The Florida Bonding Program, provided under Pub. L. No.
Page 19 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
495 97-300, s. 164 (a) (1).
496 8. The Food Assistance Employment and Training Program,
4 97 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
498 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
499 a-ftEi the Hunger Prevention Act, Pub. L. No. 100-435; and the
500 Agriculture Improvement Act of 2018, Pub. L. No. 115-334.
501 9. The Quick-Response Training Program, provided under ss.
502 288.046-288.047. Matching funds and in-kind contributions that
503 are provided by clients of the Quick-Response Training Program
504 shall count toward the requirements of s. 288.904, pertaining to
505 the return on investment from activities of Enterprise Florida,
506 Inc.
507 10. The Work Opportunity Tax Credit, provided under the
508 Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
509 and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
510 11. Offender placement services, provided under ss.
511 944.707-944.708.
512 +et
513 The department may adopt rules necessary to administer this
514 chapter which relate to implementing and administering the
515 programs listed in this paragraph -fe+- as well as rules related
516 to eligible training providers and auditing and monitoring
517 subrecipients of the workforce system grant funds.
518 l£L+El+ Contracting with public and private entities as
519 necessary to further the directives of this section. All
520 contracts executed by the state board or CareerSource Florida,
Page 20 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
521 Inc., must include specific performance expectations and
522 deliverables. All CareerSource Florida, Inc., contracts,
523 including those solicited, managed, or paid by the department
524 under pursuant to s. 20.60(5) (c).L are exempt from s. 112.061,
525 but shall be governed by subsection (1).
526 J..s:!1-+et Notifying the Governor and the department of
527 statewide or local workforce development and training needs that
528 may require policy changes or an update to the state plan
529 required under s. 445.003, and notifying the Governor, the
530 President of the Senate, and the Speaker of the House of
531 Representatives of noncompliance by the department or other
532 agencies or obstruction of the state board's efforts by such
533 agencies. Upon such notification, the Executive Office of the
534 Governor shall assist agencies to bring them into compliance
535 with state board objectives.
536 ~-ff+ Ensuring that the state does not waste valuable
537 training resources. The state board's policy is board shall
538 direct that all resources, including equipment purchased for
539 training Workforce Innovation and Opportunity Act clients, be
540 available for use at all times by eligible populations as first
541 priority users. At times when eligible populations are not
542 available, such resources shall be used for any other state-
543 authorized education and training purpose. The state board
544 CareerSource Florida, Inc., may authorize expenditures to award
545 suitable framed certificates, pins, or other tokens of
546 recognition for performance by a local workforce development
Page 21 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
547 board, its committees and subdivisions, and other units of the
548 workforce system. The state board CareerSource Florida, Inc.,
549 may also authorize expenditures for promotional items, such as
550 t-shirts, hats, or pens printed with messages promoting the
551 state's workforce system to employers, job seekers, and program
552 participants. However, such expenditures are subject to federal
553 regulations applicable to the expenditure of federal funds.
554 J..!l+J-+- Establishing a dispute resolution process for all
555 memoranda of understanding or other contracts or agreements
556 entered into between the department and local workforce
557 development boards.
558 J_gJ_-f-fl-t Archiving records with the Bureau of Archives and
559 Records Management of the Division of Library and Information
560 Services of the Department of State.
561 (6) The state board CareerSource Florida, Inc., may take
562 action that it deems necessary to achieve the purposes of this
563 section, including, but not limited to:
564 (a) Creating a state employment, education, and training
565 policy that ensures that programs to prepare workers are
566 responsive to present and future business and industry needs and
567 complement the initiatives of Enterprise Florida, Inc.
568 (b) Establishing policy direction for a funding system
569 that provides incentives to improve the outcomes of career
570 education, registered apprenticeship, and work-based learning
571 programs and that focuses resources on occupations related to
572 new or emerging industries that add greatly to the value of the
Page 22 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
573 state's economy.
574 (c) Establishing a comprehensive policy related to the
575 education and training of target populations such as those who
576 have disabilities, are economically disadvantaged, receive
577 public assistance, are not proficient in English, or are
578 dislocated workers. This approach should ensure the effective
579 use of federal, state, local, and private resources in reducing
580 the need for public assistance.
581 (d) Designating Institutes of Applied Technology composed
582 of public and private postsecondary institutions working
583 together with business and industry to ensure that career
584 education programs use the most advanced technology and
585 instructional methods available and respond to the changing
586 needs of business and industry.
587 (e) Providing policy direction for a system to project and
588 evaluate labor market supply and demand using the results of the
589 Workforce Estimating Conference created ins. 216.136 and the
590 career education performance standards identified under s.
591 1008.43.
592 (f) Reviewing the performance of public programs that are
593 responsible for economic development, education, employment, and
594 training. The review must include an analysis of the return on
595 investment of these programs.
596 (g) Expanding the occupations identified by the Workforce
597 Estimating Conference to meet needs created by local emergencies
598 or plant closings or to capture occupations within emerging
Page 23 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
599 industries.
600 ( 7) By December 1 of each year, the state board
601 CareerSource Florida, Inc., shall submit to the Governor, the
602 President of the Senate, the Speaker of the House of
603 Representatives, the Senate Minority Leader, and the House
604 Minority Leader a complete and detailed annual report setting
605 forth:
606 (a) All audits, including any audit conducted under
607 subsection (8).
608 (b} The operations and accomplishments of the state board,
609 including the programs or entities specified in subsection (6).
610 (8) Pursuant to his or her own authority or at the
611 direction of the Legislative Auditing Committee, the Auditor
612 General may conduct an audit of the state board and CareerSource
613 Florida, Inc., or the programs or entities created by the state
614 board CareerSource Florida, Inc. The Office of Program Policy
615 Analysis and Government Accountability, pursuant to its
616 authority or at the direction of the Legislative Auditing
617 Committee, may review the systems and controls related to
618 performance outcomes and quality of services of the state board
619 and CareerSource Florida, Inc.
620 (9) The state board CareerSource Florida, Inc., in
621 collaboration with the local workforce development boards and
622 appropriate state agencies and local public and private service
623 providers, shall establish uniform performance accountability
624 measures that apply across the core programs to gauge the
Page 24 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
625 performance of the state and local workforce development boards
626 in achieving the workforce development strategy.
627 (a) The performance accountability measures for the core
628 programs consist of the primary indicators of performance, any
629 additional indicators of performance, and a state-adjusted level
630 of performance for each indicator pursuant to Pub. L. No. 113-
631 128, Title I, s. 116(b).
632 (b) The performance accountability measures for each local
633 area consist of the primary indicators of performance, any
634 additional indicators of performance, and a local level of
635 performance for each indicator pursuant to Pub. L. No. 113-128.
636 The local level of performance is determined by the local board,
637 the chief elected official, and the Governor pursuant to Pub. L.
638 No. 113-128, Title I, s. 116(c).
639 (c) Performance accountability measures shall be used to
640 generate performance reports pursuant to Pub. L. No. 113-128,
641 Title I, s. 116(d).
642 (d) The performance accountability measures of success
643 that are adopted by the state board CareerSource Florida, Inc.,
644 or the local workforce development boards must be developed in a
645 manner that provides for an equitable comparison of the relative
646 success or failure of any service provider in terms of positive
647 outcomes.
648 (10) The workforce development strategy for the state
64 9 shall be designed by the state board, in consultation with the
650 department, and approved by the Governor CareerSource Florida,
Page 25 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
651 ±fie. The strategy must include efforts that enlist business,
652 education, and community support for students to achieve long-
653 term career goals, ensuring that young people have the academic
654 and occupational skills required to succeed in the workplace.
655 The strategy must also assist employers in upgrading or updating
656 the skills of their employees and assisting workers to acquire
657 the education or training needed to secure a better job with
658 better wages. The strategy must assist the state's efforts to
659 attract and expand job-creating businesses offering high-paying,
660 high-demand occupations.
661 (11) The workforce development system must encourage use a
662 charter process approach aimed at encouraging local design and
663 control of service delivery and targeted activities. The state
664 board, in consultation with the department CareerSource Florida,
665 ±-ne-., is shall be responsible for ensuring that granting
666 charters to local workforce development boards -t-fla-t- have a
667 membership consistent with the requirements of federal and state
668 law and have developed a plan consistent with the state's
669 workforce development strategy. The plan must specify methods
670 for allocating the resources and programs in a manner that
671 eliminates unwarranted duplication, minimizes administrative
672 costs, meets the existing job market demands and the job market
673 demands resulting from successful economic development
674 activities, ensures access to quality workforce development
675 services for all Floridians, allows for pro rata or partial
676 distribution of benefits and services, prohibits the creation of
Page 26 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
677 a waiting list or other indication of an unserved population,
678 serves as many individuals as possible within available
679 resources, and maximizes successful outcomes. The state board As-
680 part of the charter process, CareerSource Florida, Inc., shall
681 establish incentives for effective coordination of federal and
682 state programs, outline rewards for successful job placements,
683 and institute collaborative approaches among local service
684 providers. Local decisionmaking and control shall be important
685 components for inclusion in this charter application.
686 (12) CareerSource Florida, Inc., under the direction of
687 the state board, shall enter into agreement with Space Florida
688 and collaborate with vocational institutes, community colleges,
689 colleges, and universities in this state to develop a workforce
690 development strategy to implement the workforce provisions of s.
691 331. 3051.
692 (13) The department may consult with the state board to
693 issue technical assistance letters on the operation of federal
694 programs and the expenditure of federal funds by the state board
695 or any local workforce development board. A technical assistance
696 letter must be in writing, must be posted on the department's
697 website, and remains in effect until superseded or terminated. A
698 technical assistance letter is not a rule of general
699 applicability under s. 120.54 and is not a declaratory statement
700 issued under s. 120.565 or an order issued under s. 120.569.
701 Section 120.53 does not apply to technical assistance letters.
702 Section 4. Section 445.006, Florida Statutes, is amended
Page 27 of 83
CODING: Words striclmn are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
703 to read:
704 445.006 State plan for workforce development.-
705 (1) STATE PLAN.-The state board CareerSource Florida,
706 -I-fie-;-, in conjunction with state and local partners in the
707 workforce system, shall develop a state plan that produces an
708 educated and skilled workforce. The state plan must consist of
709 strategic and operational planning elements. The state plan
710 shall be submitted by the Governor to the United States
711 Department of Labor pursuant to the requirements of Pub. L. No.
712 113-128.
713 (2) STRATEGIC PLANNING ELEMENTS.-The state board
714 CareerSource Florida, Inc., in conjunction with state and local
715 partners in the workforce system, shall develop strategic
716 planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
717 102, for the state plan.
718 (a) The strategic planning elements of the state plan must
719 include, but need not be limited to, strategies for:
720 1. Fulfilling the workforce system goals and strategies
721 prescribed ins. 445.004;
722 2. Aggregating, integrating, and leveraging workforce
723 system resources;
724 3. Coordinating the activities of federal, state, and
725 local workforce system partners;
726 4. Addressing the workforce needs of small businesses; and
727 5. Fostering the participation of rural communities and
728 distressed urban cores in the workforce system.
Page 28 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
729 (b) The strategic planning elements must include criteria
730 for allocating workforce resources to local workforce
731 development boards. With respect to allocating funds to serve
732 customers of the welfare transition program, such criteria may
733 include weighting factors that indicate the relative degree of
734 difficulty associated with securing and retaining employment
735 placements for specific subsets of the welfare transition
736 caseload.
737 (3) OPERATIONAL PLANNING ELEMENTS.-The state board
738 CareerSource Florida, Inc., in conjunction with state and local
739 partners in the workforce system, shall develop operational
740 planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
741 102, for the state plan.
742 Section 5. Subsection (1), paragraph (b) of subsection
743 (2), and subsections (3) through (7) and (9) through (13) of
744 section 445.007, Florida Statutes, are amended, and paragraph
745 (c) is added to subsection (2) of that section, to read:
746 445.007 Local workforce development boards.-
747 (1) One local workforce development board shall be
748 appointed in each designated service delivery area and shall
749 serve as the local workforce development board pursuant to Pub.
750 L. No. 113-128. The membership of the local board must be
751 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
752 public education or training provider is represented on the
753 local board, a representative of a private education provider
754 must also be appointed to the local board. The state board
Page 29 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R D A H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
755 CareerSource Florida, Inc., may waive this requirement if
756 requested by a local workforce development board if it is
757 demonstrated that such representatives do not exist in the
758 region. The importance of minority and gender representation
759 shall be considered when making appointments to the local board.
760 The local board, its committees, subcommittees, and
761 subdivisions, and other units of the workforce system, including
762 units that may consist in whole or in part of local governmental
763 units, may use any method of telecommunications to conduct
764 meetings, including establishing a quorum through
765 telecommunications, provided that the public is given proper
766 notice of the telecommunications meeting and reasonable access
767 to observe and, when appropriate, participate. Local workforce
7 68 development boards are subject to chapters 119 and 286 ands.
769 24, Art. I of the State Constitution. If the local workforce
770 development board enters into a contract with an organization or
771 individual represented on the local board of directors, the
772 contract must be approved by a two-thirds vote of the local
773 board, a quorum having been established, and the local board
774 member who could benefit financially from the transaction must
775 abstain from voting on the contract. A local board member must
776 disclose any such conflict in a manner that is consistent with
777 the procedures outlined ins. 112.3143. Each member of a local
778 workforce development board who is not otherwise required to
779 file a full and public disclosure of financial interests under
780 pursuant to s. 8, Art. II of the State Constitution ors.
Page 30 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
781 112.3144 shall file a statement of financial interests under
782 pursuant to s. 112.3145. The executive director or designated
783 person responsible for the operational and administrative
784 functions of the local workforce development board who is not
785 otherwise required to file a full and public disclosure of
786 financial interests under pursuant to s. 8, Art. II of the State
787 Constitution ors. 112.3144 shall file a statement of financial
788 interests under pursuant to s. 112.3145.
789 (2)
790 (b) The Governor may remove a member of the local board,
791 the executive director of the local board, or the designated
7 92 person responsible for the operational and administrative
793 functions of the local board for cause. As used in this
794 paragraph, the term "cause" includes, but is not limited to,
795 engaging in fraud or other criminal acts, incapacity, unfitness,
796 neglect of duty, official incompetence and irresponsibility,
797 misfeasance, malfeasance, nonfeasance, or lack of performance.
798 (c) The chief elected official for the local workforce
799 development board may remove a member of the local board, the
800 executive director of the local board, or the designated person
801 responsible for the operational and administrative functions of
802 the local board for cause.
803 (3) The department of Economic Opportunity, under the
804 direction of CareerSource Florida, Inc., shall assign staff to
805 meet with each local workforce development board annually to
806 review the local board's performance and to certify that the
Page 31 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
807 local board is in compliance with applicable state and federal
808 law.
809 ( 4) In addition to the duties and functions specified by
810 the state board CareerSource Florida, Inc., and by the
811 interlocal agreement approved by the local county or city
812 governing bodies, the local workforce development board shall
813 have the following responsibilities:
814 (a) Develop, submit, ratify, or amend the local plan
815 pursuant to Pub. L. No. 113-128, Title I, s. 108 and this act.
816 (b) Conclude agreements necessary to designate the fiscal
817 agent and administrative entity. A public or private entity,
818 including an entity established under pursuant to s. 163.01,
819 which makes a majority of the appointments to a local workforce
820 development board may serve as the local board's administrative
821 entity if approved by the department CareerSource Florida, Inc.,
822 based upon a showing that a fair and competitive process was
823 used to select the administrative entity.
824 (c) Complete assurances required for the charter process
825 of CareerSource Florida, Inc., and Provide ongoing oversight
826 related to administrative costs, duplicated services, career
827 counseling, economic development, equal access, compliance and
828 accountability, and performance outcomes.
829 (d) Oversee the one-stop delivery system in its local
830 area.
831 (5) The department, in conjunction with the state board
832 CareerSource Florida, Inc., shall implement a training program
Page 32 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
833 for the local workforce development boards to familiarize local
834 board members with the state's workforce development goals and
835 strategies.
836 (6) The local workforce development board shall designate
837 all local service providers and may not transfer this authority
838 to a third party. Consistent with the intent of the Workforce
839 Innovation and Opportunity Act, local workforce development
840 boards should provide the greatest possible choice of training
841 providers to those who qualify for training services. A local
842 workforce development board may not restrict the choice of
843 training providers based upon cost, location, or historical
844 training arrangements. However, a local board may restrict the
845 amount of training resources available to any one client. Such
846 restrictions may vary based upon the cost of training in the
847 client's chosen occupational area. The local workforce
848 development board may be designated as a one-stop operator and
849 direct provider of intake, assessment, eligibility
850 determinations, or other direct provider services except
851 training services. Such designation may occur only with the
852 agreement of the chief elected official and the Governor as
853 specified in 29 U.S.C. s. 2832 (f) (2). The state board
854 CareerSource Florida, Inc., shall establish procedures by which
855 a local workforce development board may request permission to
856 operate under this section and the criteria under which such
857 permission may be granted. The criteria shall include, but need
858 not be limited to, a reduction in the cost of providing the
Page 33 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
859 permitted services. Such permission shall be granted for a
860 period not to exceed 3 years for any single request submitted by
861 the local workforce development board.
8 62 (7) Local workforce development boards shall adopt a
863 committee structure consistent with applicable federal law and
8 64 state policies established by the state board CareerSource
865 Florida, Inc.
866 (9) For purposes of procurement, local workforce
8 67 development boards and their administrative entities are not
868 state agencies and are exempt from chapters 120 and 287. The
869 local workforce development boards shall apply the procurement
870 and expenditure procedures required by federal law and policies
871 of the department of Economic Opportunity and the state board
872 CareerSource Florida, Inc., for the expenditure of federal,
873 state, and nonpass-through funds. The making or approval of
874 smaller, multiple payments for a single purchase with the intent
875 to avoid or evade the monetary thresholds and procedures
876 established by federal law and policies of the department~
877 Economic Opportunity and the state board CareerSource Florida,
878 Inc., is grounds for removal for cause. Local workforce
879 development boards, their administrative entities, committees,
880 and subcommittees, and other workforce units may authorize
881 expenditures to award suitable framed certificates, pins, or
882 other tokens of recognition for performance by units of the
883 workforce system. Local workforce development boards; their
884 administrative entities, committees, and subcommittees; and
Page 34 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
885 other workforce units may authorize expenditures for promotional
886 items, such as t-shirts, hats, or pens printed with messages
887 promoting Florida's workforce system to employers, job seekers,
888 and program participants. However, such expenditures are subject
889 to federal regulations applicable to the expenditure of federal
890 funds. All contracts executed by local workforce development
891 boards must include specific performance expectations and
8 92 deliverables.
893 (10) State and federal funds provided to the local
894 workforce development boards may not be used directly or
895 indirectly to pay for meals, food, or beverages for board
896 members, staff, or employees of local workforce development
897 boards, the state board CareerSource Florida, Inc., or the
898 department of Economic Opportunity except as expressly
899 authorized by state law. Preapproved, reasonable, and necessary
900 per diem allowances and travel expenses may be reimbursed. Such
901 reimbursement shall be at the standard travel reimbursement
902 rates established ins. 112.061 and shall be in compliance with
903 all applicable federal and state requirements. The department
904 shall provide fiscal and programmatic guidance CareerSource
905 Florida, Inc., shall develop a statewide fiscal policy
906 applicable to the state board, CareerSource Florida, Inc., and
907 all local workforce development boards, to hold both the state
908 and local workforce development boards strictly accountable for
909 adherence to the policy and subject to regular and periodic
910 monitoring by the department of Economic Opportunity, the
Page 35 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
911 administrative entity for CarccrSourcc Florida, Inc. Local
912 boards arc prohibited from expending state or federal funds for
913 entertainment costs and recreational activities for local board
914 members and employees as these terms are defined by 2 C.F.R.
915 part 200 ~ -
916 (11) To increase transparency and accountability, a local
917 workforce development board must comply with the requirements of
918 this section before contracting with a member of the local board
919 or a relative, as defined ins. 112.3143(1) (c), of a local board
920 member or of an employee of the local board. Such contracts may
921 not be executed before or without the prior approval of the
922 department CarccrSourcc Florida, Inc. Such contracts, as well as
923 documentation demonstrating adherence to this section as
924 specified by the department CarccrSourcc Florida, Inc., must be
925 submitted to the department of Economic Opportunity for review
926 and approval recommendation according to criteria to be
927 determined by CarccrSourcc Florida, Inc. Such a contract must be
928 approved by a two-thirds vote of the local board, a quorum
929 having been established; all conflicts of interest must be
930 disclosed before the vote; and any member who may benefit from
931 the contract, or whose relative may benefit from the contract,
932 must abstain from the vote. A contract under $25,000 between a
933 local workforce development board and a member of that board or
934 between a relative, as defined in s. 112. 314 3 ( 1) ( c), of a local
935 board member or of an employee of the local board is not
936 required to have the prior approval of the department
Page 36 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
937 CareerSource Florida, Inc., but must be approved by a two-thirds
938 vote of the local board, a quorum having been established, and
939 must be reported to the department of Economic Opportunity and
940 the state board CareerSource Florida, Inc., within 30 days after
941 approval. If a contract cannot be approved by the department
942 CareerSource Florida, Inc., a review of the decision to
943 disapprove the contract may be requested by the local workforce
944 development board or other parties to the disapproved contract.
945 (12) Each local workforce development board shall develop
94 6 a budget for the purpose of carrying out the duties of the local
947 board under this section, subject to the approval of the chief
948 elected official. Each local workforce development board shall
949 submit its annual budget for review to the department
950 CareerSource Florida, Inc., no later than 2 weeks after the
951 chair approves the budget.
952 (13) By March 1, 2018, CareerSource Florida, Inc., shall
953 establish regional planning areas in accordance with Pub. L. No.
954 113 128, Title I, s. 106(a) (2). Local workforce developffient
955 boards and chief elected officials within identified regional
956 planning areas shall prepare a regional worlcforce developffient
957 plan as required under Pub. L. No. 113 128, Title I, o.
958 106(c) (2).
959 Section 6. Subsections (1) and (4) of section 445.0071,
960 Florida Statutes, are amended to read:
961 445.0071 Florida Youth Summer Jobs Pilot Program.-
962 (1) CREATION.-Contingent upon appropriations, there is
Page 37 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
963 created the Florida Youth Summer Jobs Pilot Program within
964 workforce development district 22 served by the Broward
965 Workforce Development Board. The board shall, in consultation
966 with the state board CarecrSourcc Florida, Inc., provide a
967 program offering at-risk and disadvantaged children summer jobs
968 in partnership with local communities and public employers.
969 (4) GOVERNANCE.-
970 (a) The pilot program shall be administered by the local
971 workforce development board in consultation with the state board
972 CarccrSourcc Florida, Inc.
973 (b) The local workforce development board shall report to
974 the state board and the department CarccrSourcc Florida, Inc.,
975 the number of at-risk and disadvantaged children who enter the
976 program, the types of work activities they participate in, and
977 the number of children who return to school, go on to
978 postsecondary school, or enter the workforce full time at the
979 end of the program. The state board CarccrSourcc Florida, Inc.,
980 shall report to the Legislature by November 1 of each year on
981 the performance of the program.
982 Section 7. Subsections (1) and (2) of section 445.008,
983 Florida Statutes, are amended to read:
984 445.008 Workforce Training Institute.-
985 (1) The state board, through CareerSource Florida, Inc.,
98 6 may create the Workforce Training Institute, which shall be a
987 comprehensive program of workforce training courses designed to
988 meet the unique needs of, and shall include Internet-based
Page 38 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
989 training modules suitable for and made available to,
990 professionals integral to the workforce system, including
991 advisors and counselors in educational institutions.
992 (2) The state board, through CareerSource Florida, Inc.,
993 may enter into a contract for the provision of administrative
994 support services for the institute and shall adopt policies for
995 the administration and operation of the institute and establish
996 admission fees in an amount which, in the aggregate, does not
997 exceed the cost of the program. CareerSource Florida, Inc., may
998 accept donations or grants of any type for any function or
999 purpose of the institute. All donations and grants received by
1000 CareerSource Florida, Inc., must be reported to the state board
1001 and the department.
1002 Section 8. Subsections ( 2) , ( 3) , and ( 4) , paragraph (b) of
1003 subsection (6), subsection (7), paragraphs (a), (c), and (d) of
1004 subsection (8), and subsection (9) of section 445.009, Florida
1005 Statutes, are amended to read:
1006 445.009 One-stop delivery system.-
1007 (2) (a) Subject to a process designed by the state board
1008 CareerSource Florida, Inc., and in compliance with Pub. L. No.
1009 113-128, local workforce development boards shall designate one-
1010 stop delivery system operators.
1011 (b) A local workforce development board may designate as
1012 its one-stop delivery system operator any public or private
1013 entity that is eligible to provide services under any state or
1014 federal workforce program that is a mandatory or discretionary
Page 39 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
1015 partner in the local workforce development area's one-stop
1016 delivery system if approved by the department CareerSource
1017 Florida, Inc., upon a showing by the local workforce development
1018 board that a fair and competitive process was used in the
1019 selection. As a condition of authorizing a local workforce
1020 development board to designate such an entity as its one-stop
1021 delivery system operator, the department CareerSource Florida,
1022 Inc., must require the local workforce development board to
1023 demonstrate that safeguards are in place to ensure that the one-
1024 stop delivery system operator will not exercise an unfair
1025 competitive advantage or unfairly refer or direct customers of
1026 the one-stop delivery system to services provided by that one-
1027 stop delivery system operator. A local workforce development
1028 board may retain its current one-stop career center operator
1029 without further procurement action if the local board has an
1030 established one-stop career center that has complied with
1031 federal and state law.
1032 (c) The local workforce development board must enter into
1033 a memorandum of understanding with each mandatory or optional
1034 partner participating in the one-stop delivery system which
1035 details the partner's required contribution to infrastructure
1036 costs, as required by Pub. L. No. 113-128, s. 121(h). If the
1037 local worlcforce development board and the one stop partner are
1038 unable to come to an agreement regarding infrastructure costs by
1039 July 1, 2017, the costs shall be allocated pursuant to a policy
1040 established by the Governor.
Page 40 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1041 (3) Local workforce development boards shall enter into a
1042 memorandum of understanding with the department of Economic
1043 Opportunity for the delivery of employment services authorized
1044 by the federal Wagner-Peyser Act. This memorandum of
1045 understanding must be performance based.
1046 (a} Unless otherwise required by federal law, at least 90
1047 percent of the Wagner-Peyser funding must go into direct
1048 customer service costs.
1049 (b} Employment services must be provided through the one-
1050 stop delivery system, under the guidance of one-stop delivery
1051 system operators. One-stop delivery system operators shall have
1052 overall authority for directing the staff of the workforce
1053 system. Personnel matters shall remain under the ultimate
1054 authority of the department. However, the one-stop delivery
1055 system operator shall submit to the department information
1056 concerning the job performance of employees of the department
1057 who deliver employment services. The department shall consider
1058 any such information submitted by the one-stop delivery system
1059 operator in conducting performance appraisals of the employees.
1060 (c} The department shall retain fiscal responsibility and
1061 accountability for the administration of funds allocated to the
1062 state under the Wagner-Peyser Act. An employee of the department
1063 who is providing services authorized under the Wagner-Peyser Act
1064 shall be paid using Wagner-Peyser Act funds.
1065 (4) One-stop delivery system partners shall enter into a
1066 memorandum of understanding pursuant to Pub. L. No. 113-128,
Page 41 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1067 Title I, s. 121, with the local workforce development board.
1068 Failure of a local partner to participate cannot unilaterally
1069 block the majority of partners from moving forward with their
1070 one-stop delivery system, and the state board, in conjunction
1071 with the department, may notify the Governor CarecrSource
1072 Florida, Inc., pursuant too. 445.004(5)(e), may make
1073 notification of a local partner that fails to participate.
1074 ( 6)
1075 (b) To expand electronic capabilities, the state board and
1076 the department CareerSource Florida, Inc., working with local
1077 workforce development boards, shall develop a centralized help
1078 center to assist local workforce development boards in
1079 fulfilling core services, minimizing the need for fixed-site
1080 one-stop delivery system centers.
1081 (7) Intensive services and training provided pursuant to
1082 Pub. L. No. 113-128 shall be provided to individuals through
1083 Intensive Service Accounts and Individual Training Accounts. The
1084 state board CarcerSource Florida, Inc., shall develop an
1085 implementation plan, including identification of initially
1086 eligible training providers, transition guidelines, and criteria
1087 for use of these accounts. Individual Training Accounts must be
1088 compatible with Individual Development Accounts for education
1089 allowed in federal and state welfare reform statutes.
1090 ( 8) ( a) Individual Training Accounts must be expended on
1091 programs that prepare people to enter high-wage occupations
1092 identified by the Workforce Estimating Conference created bys.
Page 42 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
1093 216.136, and on other programs recommended by the state board
1094 and approved by the department as approved by CareerSource
1095 Florida, Inc.
1096 (c) The department CareerSource Florida, Inc., shall
1097 periodically review Individual Training Account pricing
1098 schedules developed by local workforce development boards and
1099 present findings and recommendations for process improvement to
1100 the President of the Senate and the Speaker of the House of
1101 Representatives.
1102 (d) To the maximum extent possible, training providers
1103 shall use funding sources other than the funding provided under
1104 Pub. L. No. 113-128. The state board CareerSource Florida, Inc.,
1105 shall develop a system to encourage the leveraging of
1106 appropriated resources for the workforce system and shall report
1107 on such efforts as part of the required annual report.
1108 (9) (a) The state board CareerSource Florida, Inc., working
1109 with the department, shall coordinate among the agencies a plan
1110 for a One-Stop Electronic Network made up of one-stop delivery
1111 system centers and other partner agencies that are operated by
1112 authorized public or private for-profit or not-for-profit
1113 agents. The plan shall identify resources within existing
1114 revenues to establish and support this electronic network for
1115 service delivery that includes Government Services Direct. If
1116 necessary, the plan shall identify additional funding needed to
1117 achieve the provisions of this subsection.
1118 (b) The network shall assure that a uniform method is used
Page 43 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1119 to determine eligibility for and management of services provided
1120 by agencies that conduct workforce development activities. The
1121 Department of Management Services shall develop strategies to
1122 allow access to the databases and information management systems
1123 of the following systems in order to link information in those
1124 databases with the one-stop delivery system:
1125 1. The Reemployment Assistance Program under chapter 443.
1126 2. The public employment service described ins. 443.181.
1127 3. The public assistance information system used by the
1128 Department of Children and Families and the components related
1129 to temporary cash assistance, food assistance, and Medicaid
1130 eligibility.
1131 4. The Student Financial Assistance System of the
1132 Department of Education.
1133 5. Enrollment in the public postsecondary education
1134 system.
1135 6. Other information systems determined appropriate by the
1136 state board, in consultation with the department CareerSource
1137 Florida, Inc.
1138 Section 9. Section 445.011, Florida Statutes, is amended
1139 to read:
1140 445.011 Workforce information systems.-
1141 (1) The department, in consultation with the state board
1142 CareerSource Florida, Inc., shall implement, subject to
1143 legislative appropriation, automated information systems that
1144 are necessary for the efficient and effective operation and
Page 44 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1145 management of the workforce development system. These
1146 information systems shall include, but need not be limited to,
1147 the following:
1148 (a) An integrated management system for the one-stop
1149 service delivery system, which includes, at a minimum, common
1150 registration and intake, screening for needs and benefits, case
1151 planning and tracking, training benefits management, service and
1152 training provider management, performance reporting, executive
1153 information and reporting, and customer-satisfaction tracking
1154 and reporting.
1155 1. The system should report current budgeting,
1156 expenditure, and performance information for assessing
1157 performance related to outcomes, service delivery, and financial
1158 administration for workforce programs pursuant to s. 445.004(5)
1159 and (9).
1160 2. The information system should include auditable systems
1161 and controls to ensure financial integrity and valid and
1162 reliable performance information.
1163 3. The system should support service integration and case
1164 management by providing for case tracking for participants in
1165 welfare transition programs.
1166 (b) An automated job-matching information system that is
1167 accessible to employers, job seekers, and other users via the
1168 Internet, and that includes, at a minimum:
1169 1. Skill match information, including skill gap analysis;
1170 resume creation; job order creation; skill tests; job search by
Page 45 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1171 area, employer type, and employer name; and training provider
1172 linkage;
1173 2. Job market information based on surveys, including
1174 local, state, regional, national, and international occupational
1175 and job availability information; and
1176 3. Service provider information, including education and
1177 training providers, child care facilities and related
1178 information, health and social service agencies, and other
1179 providers of services that would be useful to job seekers.
1180 (2) The department In procuring workforce information
1181 systems, CareerSource Florida, Inc., shall employ competitive
1182 processes, including requests for proposals, competitive
1183 negotiation, and other competitive processes to ensure that the
1184 procurement results in the most cost effective investment of
1185 state funds.
1186 (3) CareerSource Florida, Inc., may procure independent
1187 verification and validation services associated with developing
1188 and implementing any workforce information system.
1189 _lll-f-4+ The department CarecrSource Florida, Inc., shall
1190 coordinate development and implementation of workforce
1191 information systems with the state chief information officer to
1192 ensure compatibility with the state's information system
1193 strategy and enterprise architecture.
1194 Section 10. Subsections (1) and (3) of section 445.014,
1195 Florida Statutes, are amended to read:
1196 445.014 Small business workforce service initiative.-
Pago 46 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
1197 (1) Subject to legislative appropriation, the state board
1198 CareerSource Florida, Inc., shall establish a program to
1199 encourage local workforce development boards to establish one-
1200 stop delivery systems that maximize the provision of workforce
1201 and human-resource support services to small businesses. Under
1202 the program, a local workforce development board may apply, on a
1203 competitive basis, for funds to support the provision of such
1204 services to small businesses through the local workforce
1205 development area's one-stop delivery system.
1206 (3) The state board CareerSource Florida, Inc., shall
1207 establish guidelines governing the administration of this
1208 program and shall establish criteria to be used in evaluating
1209 applications for funding. Such criteria must include, but need
1210 not be limited to, a showing that the local workforce
1211 development board has in place a detailed plan for establishing
1212 a one-stop delivery system designed to meet the workforce needs
1213 of small businesses and for leveraging other funding sources in
1214 support of such activities.
1215 Section 11. Paragraphs (b) , ( c) , and ( d) of subsection ( 2)
1216 and subsection (4) of section 445.021, Florida Statutes, are
1217 amended to read:
1218 445.021 Relocation assistance program.-
1219 (2) The relocation assistance program shall involve five
1220 steps by the local workforce development board, in cooperation
1221 with the Department of Children and Families:
1222 (b) A determination that there is a basis for believing
Page 47 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
1223 that relocation will contribute to the ability of the applicant
1224 to achieve self-sufficiency. For example, the applicant:
1225 1. Is unlikely to achieve economic self-sufficiency at the
1226 current community of residence;
1227 2. Has secured a job that provides an increased salary or
1228 improved benefits and that requires relocation to another
1229 community;
1230 3. Has a family support network that will contribute to
1231 job retention in another community;
1232 4. Is determined, pursuant to criteria or procedures
1233 established by the state board of directors of CareerSource
1234 Florida, Inc., to be a victim of domestic violence who would
1235 experience reduced probability of further incidents through
1236 relocation; or
1237 5. Must relocate in order to receive education or training
1238 that is directly related to the applicant's employment or career
1239 advancement.
1240 (c} Establishment of a relocation plan that includes such
1241 requirements as are necessary to prevent abuse of the benefit
1242 and provisions to protect the safety of victims of domestic
1243 violence and avoid provisions that place them in anticipated
1244 danger. The payment to defray relocation expenses shall be
1245 determined based on criteria approved by the state board e-t-
1246 directors of CareerSource Florida, Inc. Participants in the
1247 relocation program shall be eligible for diversion or
1248 transitional benefits.
Page 48 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1249 (d) A determination, pursuant to criteria adopted by the
1250 state board of directors of CareerSource Florida, Inc., that a
1251 community receiving a relocated family has the capacity to
1252 provide needed services and employment opportunities.
1253 (4) The state board of directors of CareerSource Florida,
1254 Inc., may establish criteria for developing and implementing
1255 relocation plans and for drafting agreements to restrict a
1256 family from applying for temporary cash assistance for a
1257 specified period after receiving a relocation assistance
1258 payment.
1259 Section 12. Section 445.022, Florida Statutes, is amended
1260 to read:
1261 445.022 Retention Incentive Training Accounts.-To promote
1262 job retention and to enable upward job advancement into higher
1263 skilled, higher paying employment, the state board of directors
1264 of CareerSource Florida, Inc., and the local workforce
1265 development boards may assemble a list of programs and courses
1266 offered by postsecondary educational institutions which may be
1267 available to participants who have become employed to promote
1268 job retention and advancement.
1269 (1) The state board of directors of CareerSource Florida,
1270 Inc., may establish Retention Incentive Training Accounts
1271 (RITAs) to use Temporary Assistance to Needy Families (TANF)
1272 block grant funds specifically appropriated for this purpose.
1273 RITAs must complement the Individual Training Account required
1274 by the federal Workforce Innovation and Opportunity Act, Pub. L.
Page 49 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
1275 No. 113-128.
1276 (2) RITAs may pay for tuition, fees, educational
1277 materials, coaching and mentoring, performance incentives,
1278 transportation to and from courses, child care costs during
1279 education courses, and other such costs as the local workforce
1280 development boards determine are necessary to effect successful
1281 job retention and advancement.
1282 (3) Local workforce development boards shall retain only
1283 those courses that continue to meet their performance standards
1284 as established in their local plan.
1285 (4) Local workforce development boards shall report
1286 annually to the Legislature on the measurable retention and
1287 advancement success of each program provider and the
1288 effectiveness of RITAs, making recommendations for any needed
1289 changes or modifications.
1290 Section 13. Paragraph (e) of subsection (5) of section
1291 445.024, Florida Statutes, is amended to read:
1292 445.024 Work requirements.-
1293 (5) USE OF CONTRACTS.-Local workforce development boards
1294 shall provide work activities, training, and other services, as
1295 appropriate, through contracts. In contracting for work
1296 activities, training, or services, the following applies:
1297 (e) The administrative costs associated with a contract
1298 for services provided under this section may not exceed the
1299 applicable administrative cost ceiling established in federal
1300 law. An agency or entity that is awarded a contract under this
Page 50 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1301 section may not charge more than 7 percent of the value of the
1302 contract for administration unless an exception is approved by
1303 the local workforce development board. A list of any exceptions
1304 approved must be submitted to the state board of directors of
1305 CareerSource Florida, Inc., for review, and the state board may
1306 rescind approval of the exception.
1307 Section 14. Subsection (6) of section 445.026, Florida
1308 Statutes, is amended to read:
1309 445.026 Cash assistance severance benefit.-An individual
1310 who meets the criteria listed in this section may choose to
1311 receive a lump-sum payment in lieu of ongoing cash assistance
1312 payments, provided the individual:
1313 ( 6) Signs an agreement not to apply for or accept cash
1314 assistance for 6 months after receipt of the one-time payment.
1315 In the event of an emergency, such agreement shall provide for
1316 an exception to this restriction, provided that the one-time
1317 payment shall be deducted from any cash assistance for which the
1318 family subsequently is approved. This deduction may be prorated
1319 over an 8-month period. The state board of directors of
1320 CareerSource Florida, Inc., shall adopt criteria defining the
1321 conditions under which a family may receive cash assistance due
1322 to such emergency.
1323
1324 Such individual may choose to accept a one-time, lump-sum
1325 payment of $1,000 in lieu of receiving ongoing cash assistance.
1326 Such payment shall only count toward the time limitation for the
Page 51 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1327 month in which the payment is made in lieu of cash assistance. A
1328 participant choosing to accept such payment shall be terminated
1329 from cash assistance. However, eligibility for Medicaid, food
1330 assistance, or child care shall continue, subject to the
1331 eligibility requirements of those programs.
1332 Section 15. Section 445.028, Florida Statutes, is amended
1333 to read:
1334 445.028 Transitional benefits and services.-In cooperation
1335 with the department CareerSource Florida, Inc., the Department
1336 of Children and Families shall develop procedures to ensure that
1337 families leaving the temporary cash assistance program receive
1338 transitional benefits and services that will assist the family
1339 in moving toward self-sufficiency. At a minimum, such procedures
1340 must include, but are not limited to, the following:
1341 (1) Each recipient of cash assistance who is determined
1342 ineligible for cash assistance for a reason other than a work
1343 activity sanction shall be contacted by the workforce system
1344 case manager and provided information about the availability of
1345 transitional benefits and services. Such contact shall be
1346 attempted prior to closure of the case management file.
1347 (2) Each recipient of temporary cash assistance who is
1348 determined ineligible for cash assistance due to noncompliance
1349 with the work activity requirements shall be contacted and
1350 provided information in accordance withs. 414.065(1).
1351 (3) The department, in consultation with the state board
1352 of directors of CareerSource Florida, Inc., shall develop
Page 52 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1353 informational material, including posters and brochures, to
1354 better inform families about the availability of transitional
1355 benefits and services.
1356 (4) The department CareerSource Florida, Inc., in
1357 cooperation with the Department of Children and FamiliesL shall,
1358 to the extent permitted by federal law, develop procedures to
1359 maximize the utilization of transitional Medicaid by families
1360 who leave the temporary cash assistance program.
1361 Section 16. Section 445.030, Florida Statutes, is amended
1362 to read:
1363 445.030 Transitional education and training.-In order to
1364 assist former recipients of temporary cash assistance who are
1365 working or actively seeking employment in continuing their
1366 training and upgrading their skills, education, or training,
1367 support services may be provided for up to 2 years after the
1368 family is no longer receiving temporary cash assistance. This
1369 section does not constitute an entitlement to transitional
1370 education and training. If funds are not sufficient to provide
1371 services under this section, the state board of directors of
1372 CareerSource Florida, Inc., may limit or otherwise prioritize
1373 transitional education and training.
1374 (1) Education or training resources available in the
1375 community at no additional cost shall be used whenever possible.
1376 (2) Local workforce development boards may authorize child
1377 care or other support services in addition to services provided
1378 in conjunction with employment. For example, a participant who
Page 53 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
1379 is employed full time may receive child care services related to
1380 that employment and may also receive additional child care
1381 services in conjunction with training to upgrade the
1382 participant's skills.
1383 (3) Transitional education or training must be job-
1384 related, but may include training to improve job skills in a
1385 participant's existing area of employment or may include
1386 training to prepare a participant for employment in another
1387 occupation.
1388 (4) A local workforce development board may enter into an
1389 agreement with an employer to share the costs relating to
1390 upgrading the skills of participants hired by the employer. For
1391 example, a local workforce development board may agree to
1392 provide support services such as transportation or a wage
1393 subsidy in conjunction with training opportunities provided by
1394 the employer.
1395 Section 17. Section 445.033, Florida Statutes, is amended
1396 to read:
1397 445.033 Evaluation.-The state board of directors of
1398 CareerSource Florida, Inc., and the Department of Children and
1399 Families shall arrange for evaluation of TANF-funded programs
1400 operated under this chapter, as follows:
1401 (1) If required by federal waivers or other federal
1402 requirements, the state board of directors of CareerSource
1403 Florida, Inc., and the department may provide for evaluation
1404 according to these requirements.
Page 54 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R D A H O U S E 0 F R E P R E S E N T A T V E S
PCS for HB 1271 2020
1405 (2) The state board of directors of CareerSource Florida,
1406 Inc., and the department shall participate in the evaluation of
1407 this program in conjunction with evaluation of the state's
1408 workforce development programs or similar activities aimed at
1409 evaluating program outcomes, cost-effectiveness, or return on
1410 investment, and the impact of time limits, sanctions, and other
1411 welfare reform measures set out in this chapter. Evaluation
1412 shall also contain information on the number of participants in
1413 work experience assignments who obtain unsubsidized employment,
1414 including, but not limited to, the length of time the
1415 unsubsidized job is retained, wages, and the public benefits, if
1416 any, received by such families while in unsubsidized employment.
1417 The evaluation must solicit the input of consumers, community-
1418 based organizations, service providers, employers, and the
1419 general public, and must publicize, especially in low-income
1420 communities, the process for submitting comments.
1421 (3) The state board of directors of CareerSource Florida,
1422 Inc., and the department may share information with and develop
1423 protocols for information exchange with the Florida Education
1424 and Training Placement Information Program.
1425 (4) The state board of directors of CareerSource Florida,
1426 Inc., and the department may initiate or participate in
1427 additional evaluation or assessment activities that will further
1428 the systematic study of issues related to program goals and
1429 outcomes.
1430 (5) In providing for evaluation activities, the state
Page 55 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
1431 board of directors of CareerSource Florida, Inc., and the
1432 department shall safeguard the use or disclosure of information
1433 obtained from program participants consistent with federal or
1434 state requirements. Evaluation methodologies may be used which
1435 are appropriate for evaluation of program activities, including
1436 random assignment of recipients or participants into program
1437 groups or control groups. To the extent necessary or
1438 appropriate, evaluation data shall provide information with
1439 respect to the state, district, or county, or other substate
1440 area.
1441 (6) The state board of directors of CareerSource Florida,
1442 Inc., and the department may contract with a qualified
1443 organization for evaluations conducted under this section.
1444 Section 18. Section 445.035, Florida Statutes, is amended
1445 to read:
1446 445.035 Data collection and reporting.-The Department of
1447 Children and Families and the state board of directors of
1448 CareerSource Florida, Inc., shall collect data necessary to
1449 administer this chapter and make the reports required under
1450 federal law to the United States Department of Health and Human
1451 Services and the United States Department of Agriculture.
1452 Section 19. Subsections (1), (2), and (3), paragraph (b)
1453 of subsection (4), and subsection (5) of section 445.048,
1454 Florida Statutes, are amended to read:
1455 445.048 Passport to Economic Progress program.-
1456 (1) AUTHORIZATION.-Notwithstanding any law to the
Page 56 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1457 contrary, the state board CareerSource Florida, Inc., in
1458 conjunction with the department and the Department of Children
1459 and Families and the Department of Economic Opportunity, shall
1460 implement a Passport to Economic Progress program consistent
1461 with this section. The state board CareerSource Florida, Inc.,
1462 may designate local workforce development boards to participate
1463 in the program. Expenses for the program may come from
1464 appropriated revenues or from funds otherwise available to a
1465 local workforce development board which may be legally used for
1466 such purposes. The state board CareerSource Florida, Inc., must
1467 consult with the applicable local workforce development boards
1468 and the applicable local offices of the Department of Children
1469 and Families which serve the program .areas and must encourage
1470 community input into the implementation process.
1471 (2) WAIVERS.-If the state board CareerSource Florida,
1472 -I-ne-., in consultation with the Department of Children and
1473 Families, finds that federal waivers would facilitate
1474 implementation of the program, the department shall immediately
1475 request such waivers, and the state board CareerSource Florida,
1476 Inc., shall report to the Governor, the President of the Senate,
1477 and the Speaker of the House of Representatives if any refusal
1478 of the federal government to grant such waivers prevents the
1479 implementation of the program. If the state board CareerSource
1480 Florida, Inc., finds that federal waivers to provisions of the
1481 Food Assistance Program would facilitate implementation of the
1482 program, the Department of Children and Families shall
Page 57 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1483 immediately request such waivers in accordance withs. 414.175.
1484 (3) TRANSITIONAL BENEFITS AND SERVICES.-In order to assist
1485 them in making the transition to economic self-sufficiency,
1486 former recipients of temporary cash assistance participating in
1487 the passport program shall be eligible for the following
1488 benefits and services:
1489 (a) Notwithstanding the time period specified ins.
1490 445.030, transitional education and training support services as
1491 specified ins. 445.030 for up to 4 years after the family is no
1492 longer receiving temporary cash assistance;
1493 (b) Notwithstanding the time period specified ins.
14 94 445.031, transitional transportation support services as
1495 specified ins. 445.031 for up to 4 years after the family is no
1496 longer receiving temporary cash assistance; and
14 97 (c) Notwithstanding the time period specified ins.
1498 445.032, transitional child care as specified ins. 445.032 for
1499 up to 4 years after the family is no longer receiving temporary
1500 cash assistance.
1501
1502 All other provisions of ss. 445.030, 445.031, and 445.032 apply
1503 to such individuals, as appropriate. This subsection does not
1504 constitute an entitlement to transitional benefits and services.
1505 If funds are insufficient to provide benefits and services under
1506 this subsection, the state board of directors of CareerSource
1507 Florida, Inc., or its agent, may limit such benefits and
1508 services or otherwise establish priorities for the provisions of
Page 58 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1509 such benefits and services.
1510 ( 4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.-
1511 (b) The state board CareerSource Florida, Inc., in
1512 cooperation with the department and the Department of Children
1513 and Families and the Department of Economic Opportunity, shall
1514 offer performance-based incentive bonuses as a component of the
1515 Passport to Economic Progress program. The bonuses do not
1516 represent a program entitlement and are contingent on achieving
1517 specific benchmarks prescribed in the self-sufficiency plan. If
1518 the funds appropriated for this purpose are insufficient to
1519 provide this financial incentive, the state board of directors
1520 of CareerSource Florida, Inc., may reduce or suspend the bonuses
1521 in order not to exceed the appropriation or may direct the local
1522 workforce development boards to use resources otherwise given to
1523 the local workforce development board to pay such bonuses if
1524 such payments comply with applicable state and federal laws.
1525 (5) EVALUATIONS AND RECOMMENDATIONS.-The state board
1526 CareerSource Florida, Inc., in conjunction with the department,
1527 the Department of Children and Families, the Department of
1528 Economic Opportunity, and the local workforce development
1529 boards, shall conduct a comprehensive evaluation of the
1530 effectiveness of the program operated under this section.
1531 Evaluations and recommendations for the program shall be
1532 submitted by the state board CareerSource Florida, Inc., as part
1533 of its annual report to the Legislature.
1534 Section 2 0. Subsections ( 6) , ( 8) , and ( 13) of section
Page 59 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1535 445.051, Florida Statutes, are amended to read:
1536 445.051 Individual development accounts.-
1537 (6) The state board CareerSource Florida, Inc., shall
1538 establish procedures for local workforce development boards to
1539 include in their annual program and financial plan an
1540 application to offer an individual development account program
1541 as part of their TANF allocation. These procedures must include,
1542 but need not be limited to, administrative costs permitted for
1543 the fiduciary organization and policies relative to identifying
1544 the match ratio and limits on the deposits for which the match
1545 will be provided in the application process. The state board
1546 CareerSource Florida, Inc., shall establish policies and
1547 procedures necessary to ensure that funds held in an individual
1548 development account are not withdrawn except for one or more of
1549 the qualified purposes described in this section.
1550 (8) The state board CareerSource Florida, Inc., shall
1551 establish procedures for controlling the withdrawal of funds for
1552 uses other than qualified purposes, including specifying
1553 conditions under which an account must be closed.
1554 (13) Pursuant to policy direction by the state board
1555 CareerSource Florida, Inc., the department of Economic
1556 Opportunity shall adopt such rules as are necessary to implement
1557 this act.
1558 Section 21. Subsection (2) of section 445.055, Florida
1559 Statutes, is amended to read:
1560 445.055 Employment advocacy and assistance program
Page 60 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1561 targeting military spouses and dependents.-
1562 (2) The state board CareerSource Florida, Inc., shall
1563 establish an employment advocacy and assistance program
1564 targeting military spouses and dependents. This program shall
1565 deliver employment assistance services through military family
1566 employment advocates colocated within selected one-stop career
1567 centers. Persons eligible for assistance through this program
1568 include spouses and dependents of active duty military
1569 personnel, Florida National Guard members, and military
1570 reservists.
1571 Section 22. Paragraph (p) of subsection (3) of section
1572 11.45, Florida Statutes, is amended to read:
1573 11.45 Definitions; duties; authorities; reports; rules.-
1574 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.-The
1575 Auditor General may, pursuant to his or her own authority, or at
1576 the direction of the Legislative Auditing Committee, conduct
1577 audits or other engagements as determined appropriate by the
1578 Auditor General of:
1579 (p) CareerSource Florida, Inc., the state board as defined
1580 ins. 445.002, or the programs or entities created by the state
1581 board under CareerSource Florida, Inc., created pursuant to s.
1582 445.004.
1583 Section 23. Paragraph (a) of subsection (5) of section
1584 288.901, Florida Statutes, is amended to read:
1585 288.901 Enterprise Florida, Inc.-
1586 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.-
Page 61 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1587 (a) In addition to the Governor or his or her designee,
1588 the board of directors shall consist of the following appointed
1589 members:
1590 1. The Commissioner of Education or his or her designee.
1591 2. The Chief Financial Officer or his or her designee.
1592 3. The Attorney General or his or her designee.
1593 4. The Commissioner of Agriculture or his or her designee.
1594 5. The chairperson of the state board as defined ins.
1595 445.002 board of directors of CareerSource Florida, Inc.
1596 6. The Secretary of State or his or her designee.
1597 7. Twelve members from the private sector, six of whom
1598 shall be appointed by the Governor, three of whom shall be
1599 appointed by the President of the Senate, and three of whom
1600 shall be appointed by the Speaker of the House of
1601 Representatives. Members appointed by the Governor are subject
1602 to Senate confirmation.
1603
1604 All board members shall serve without compensation, but are
1605 entitled to receive reimbursement for per diem and travel
1606 expenses pursuant to s. 112.061. Such expenses must be paid out
1607 of funds of Enterprise Florida, Inc.
1608 Section 24. Subsection (5) of section 331.369, Florida
1609 Statutes, is amended to read:
1610 331.369 Space Industry Workforce Initiative.-
1611 (5) The state board as defined ins. 445.002 CareerSource
1612 Florida, Inc., as part of its statutorily prescribed annual
Page 62 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1613 report to the Legislature, shall provide recommendations for
1614 policies, programs, and funding to enhance the workforce needs
1615 of the aerospace industry.
1616 Section 25. Paragraph (k) of subsection (1) and subsection
1617 (9) of section 413.405, Florida Statutes, are amended to read:
1618 413.405 Florida Rehabilitation Council.-There is created
1619 the Florida Rehabilitation Council to assist the division in the
1620 planning and development of statewide rehabilitation programs
1621 and services, to recommend improvements to such programs and
1622 services, and to perform the functions listed in this section.
1623 (1) The council shall be composed of:
1624 (k) At least one representative of the state board as
1625 defined ins. 445.002 board of directors of CareerSource
1626 Florida, Inc.
1627 (9) In addition to the other functions specified in this
1628 section, the council shall, after consulting with the state
1629 board as defined ins. 445.002 board of directors of
1630 CareerSource Florida, Inc.:
1631 (a) Review, analyze, and advise the division regarding the
1632 performance of the responsibilities of the division under Title
1633 I of the act, particularly responsibilities relating to:
1634 1. Eligibility, including order of selection.
1635 2. The extent, scope, and effectiveness of services
1636 provided.
1637 3. Functions performed by state agencies which affect or
1638 potentially affect the ability of individuals with disabilities
Page 63 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
1639 to achieve employment outcomes under Title I.
1640 (b) In partnership with the division:
1641 1. Develop, agree to, and review state goals and
1642 priorities in accordance with 34 C.F.R. s. 361.29(c); and
1643 2. Evaluate the effectiveness of the vocational
1644 rehabilitation program and submit reports of progress to the
1645 Governor, the President of the Senate, the Speaker of the House
1646 of Representatives, and the United States Secretary of Education
1647 in accordance with 34 C.F.R. s. 361.29(e).
1648 (c) Advise the department and the division and assist in
1649 the preparation of the state plan and amendments to the plan,
1650 applications, reports, needs assessments, and evaluations
1651 required by Title I.
1652 (d) To the extent feasible, conduct a review and analysis
1653 of the effectiveness of, and consumer satisfaction with:
1654 1. The functions performed by state agencies and other
1655 public and private entities responsible for performing functions
1656 for individuals who have disabilities.
1657 2. Vocational rehabilitation services:
1658 a. Provided or paid for from funds made available under
1659 the act or through other public or private sources.
1660 b. Provided by state agencies and other public and private
1661 entities responsible for providing vocational rehabilitation
1662 services to individuals who have disabilities.
1663 3. The employment outcomes achieved by eligible
1664 individuals receiving services under this part, including the
Page 64 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1665 availability of health or other employment benefits in
1666 connection with those employment outcomes.
1667 (e) Prepare and submit an annual report on the status of
1668 vocational rehabilitation programs in the state to the Governor,
1669 the President of the Senate, the Speaker of the House of
1670 Representatives, and the United States Secretary of Education
1671 and make the report available to the public.
1672 (f) Coordinate with other councils within Florida,
1673 including the Florida Independent Living Council, the advisory
1674 panel established under s. 612(a) (21) of the Individuals with
1675 Disabilities Education Act, 20 U.S.C. s. 1412(a) (21), the State
1676 Planning Council described ins. 124 of the Developmental
1677 Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
1678 15024, the state mental health planning council established
1679 under s. 1914 of the Public Health Service Act, 42 U.S.C. s.
1680 300x-3, and the state board as defined ins. 445.002 board of
1681 directors of CareerSource Florida, Inc.
1682 (g) Advise the department and division and provide for
1683 coordination and the establishment of working relationships
1684 among the department, the division, the Florida Independent
1685 Living Council, and centers for independent living in the state.
1686 (h) Perform other functions that are consistent with the
1687 duties and responsibilities of the council under this section.
1688 Section 26. Section 414.045, Florida Statutes, is amended
1689 to read:
1690 414.045 Cash assistance program.-Cash assistance families
Page 65 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
1691 include any families receiving cash assistance payments from the
1692 state program for temporary assistance for needy families as
1693 defined in federal law, whether such funds are from federal
1694 funds, state funds, or commingled federal and state funds. Cash
1695 assistance families may also include families receiving cash
1696 assistance through a program defined as a separate state
1697 program.
1698 (1) For reporting purposes, families receiving cash
1699 assistance shall be grouped into the following categories. The
1700 department may develop additional groupings in order to comply
1701 with federal reporting requirements, to comply with the data-
1702 reporting needs of the state board as defined ins. 445.002
1703 board of directors of CareerSource Florida, Inc., or to better
1704 inform the public of program progress.
1705 (a) Work-eligible cases.-Work-eligible cases shall
1706 include:
1707 1. Families containing an adult or a teen head of
1708 household, as defined by federal law. These cases are generally
1709 subject to the work activity requirements provided ins. 445.024
1710 and the time limitations on benefits provided ins. 414.105.
1711 2. Families with a parent where the parent's needs have
1712 been removed from the case due to sanction or disqualification
1713 shall be considered work-eligible cases to the extent that such
1714 cases are considered in the calculation of federal participation
1715 rates or would be counted in such calculation in future months.
1716 3. Families participating in transition assistance
Page 66 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1717 programs.
1718 4. Families otherwise eligible for temporary cash
1719 assistance which receive diversion services, a severance
1720 payment, or participate in the relocation program.
1721 (b) Child-only cases.-Child-only cases include cases that
1722 do not have an adult or teen head of household as defined in
1723 federal law. Such cases include:
1724 1. Children in the care of caretaker relatives, if the
1725 caretaker relatives choose to have their needs excluded in the
1726 calculation of the amount of cash assistance.
1727 2. Families in the Relative Caregiver Program as provided
1728 ins. 39.5085.
1729 3. Families in which the only parent in a single-parent
1730 family or both parents in a two-parent family receive
1731 supplemental security income (SSI) benefits under Title XVI of
1732 the Social Security Act, as amended. To the extent permitted by
1733 federal law, individuals receiving SSI shall be excluded as
1734 household members in determining the amount of cash assistance,
1735 and such cases shall not be considered families containing an
1736 adult. Parents or caretaker relatives who are excluded from the
1737 cash assistance group due to receipt of SSI may choose to
1738 participate in work activities. An individual whose ability to
1739 participate in work activities is limited who volunteers to
1740 participate in work activities shall be assigned to work
1741 activities consistent with such limitations. An individual who
1742 volunteers to participate in a work activity may receive child
Page 67 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1743 care or support services consistent with such participation.
1744 4. Families in which the only parent in a single-parent
1745 family or both parents in a two-parent family are not eligible
1746 for cash assistance due to immigration status or other
1747 limitation of federal law. To the extent required by federal
1748 law, such cases shall not be considered families containing an
1749 adult.
1750 5. To the extent permitted by federal law and subject to
1751 appropriations, special needs children who have been adopted
1752 pursuant to s. 409.166 and whose adopting family qualifies as a
1753 needy family under the state program for temporary assistance
1754 for needy families. Notwithstanding any provision to the
1755 contrary ins. 414.075, s. 414.085, ors. 414.095, a family
1756 shall be considered a needy family if:
1757 a. The family is determined by the department to have an
1758 income below 200 percent of the federal poverty level;
1759 b. The family meets the requirements of s. 414.095(2) and
1760 (3) related to residence, citizenship, or eligible noncitizen
1761 status; and
1762 c. The family provides any information that may be
1763 necessary to meet federal reporting requirements specified under
1764 Part A of Title IV of the Social Security Act.
1765 6. Families in the Guardianship Assistance Program as
1766 provided ins. 39.6225.
1767
1768 Families described in subparagraph 1., subparagraph 2., or
Page 68 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1769 subparagraph 3. may receive child care assistance or other
1770 supports or services so that the children may continue to be
1771 cared for in their own homes or in the homes of relatives. Such
1772 assistance or services may be funded from the temporary
1773 assistance for needy families block grant to the extent
1774 permitted under federal law and to the extent funds have been
1775 provided in the General Appropriations Act.
1776 (2) Oversight by the state board as defined ins. 445.002
1777 board of directors of CareerSource Florida, Inc., and the
1778 service delivery and financial planning responsibilities of the
1779 local workforce development boards apply to the families defined
1780 as work-eligible cases in paragraph (1) (a). The department shall
1781 be responsible for program administration related to families in
1782 groups defined in paragraph (1) (b), and the department shall
1783 coordinate such administration with the state board of directors
1784 of CareerSource Florida, Inc., to the extent needed for
1785 operation of the program.
1786 Section 27. Subsection (2) of section 420.622, Florida
1787 Statutes, is amended to read:
1788 420.622 State Office on Homelessness; Council on
1789 Homelessness.-
1790 (2) The Council on Homelessness is created to consist of
1791 17 representatives of public and private agencies who shall
1792 develop policy and advise the State Office on Homelessness. The
17 93 council members shall be: the Secretary of Children and
1794 Families, or his or her designee; the executive director of the
Page 69 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1795 Department of Economic Opportunity, or his or her designee, who
1796 shall advise the council on issues related to rural development;
1797 the State Surgeon General, or his or her designee; the Executive
1798 Director of Veterans' Affairs, or his or her designee; the
1799 Secretary of Corrections, or his or her designee; the Secretary
1800 of Health Care Administration, or his or her designee; the
1801 Commissioner of Education, or his or her designee; the Executive
1802 Director of CareerSource Florida, Inc., or his or her designee;
1803 one representative of the Florida Association of Counties; one
1804 representative of the Florida League of Cities; one
1805 representative of the Florida Supportive Housing Coalition; the
1806 Executive Director of the Florida Housing Finance Corporation,
1807 or his or her designee; one representative of the Florida
1808 Coalition for the Homeless; and four members appointed by the
1809 Governor. The council members shall be nonpaid volunteers and
1810 shall be reimbursed only for travel expenses. The appointed
1811 members of the council shall be appointed to staggered 2-year
1812 terms, and the council shall meet at least four times per year.
1813 The importance of minority, gender, and geographic
1814 representation shall be considered in appointing members to the
1815 council.
1816 Section 28. Subsections (1) and (4) of section 443.171,
1817 Florida Statutes, are amended to read:
1818 443.171 Department of Economic Opportunity and commission;
1819 powers and duties; records and reports; proceedings; state-
1820 federal cooperation.-
Page 70 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1821 (1) POWERS AND DUTIES.-The Department of Economic
1822 Opportunity shall administer this chapter. The department may
1823 employ persons, make expenditures, require reports, conduct
1824 investigations, and take other action necessary or suitable to
1825 administer this chapter. The department shall annually submit
1826 information to the state board as defined ins. 445.002
1827 CareerSource Florida, Inc., covering the administration and
1828 operation of this chapter during the preceding calendar year for
1829 inclusion in the strategic plan under s. 445.006 and may make
1830 recommendations for amendment to this chapter.
1831 (4) EMPLOYMENT STABILIZATION.-The Department of Economic
1832 Opportunity, under the direction of the state board as defined
1833 ins. 445.002 CareerSource Florida, Inc., shall take all
1834 appropriate steps to reduce and prevent unemployment; to
1835 encourage and assist in the adoption of practical methods of
1836 career training, retraining, and career guidance; to
1837 investigate, recommend, advise, and assist municipalities,
1838 counties, school districts, and the state in the establishment
1839 and operation of reserves for public works to be used in times
1840 of business depression and unemployment; to promote the
1841 reemployment of unemployed workers throughout the state in every
1842 other way that may be feasible; to refer a claimant entitled to
1843 extended benefits to suitable work that meets the criteria of
1844 this chapter; and, to these ends, to carry on and publish the
1845 results of investigations and research studies.
1846 Section 29. Subsection (1) of section 443.181, Florida
Page 71 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
1847 Statutes, is amended to read:
1848 443.181 Public employment service.-
1849 (1) The one-stop delivery system established under s.
1850 445.009 is this state's public employment service as part of the
1851 national system of public employment offices established under
1852 29 U.S.C. s. 49. The Department of Economic Opportunity, under
1853 policy direction from the state board as defined ins. 445.002
1854 CareerSource Florida, Inc., shall cooperate with any official or
1855 agency of the United States having power or duties under 29
1856 U.S.C. ss. 49-491-1 and shall perform those duties necessary to
1857 secure to this state the funds provided under federal law for
1858 the promotion and maintenance of the state's public employment
1859 service. In accordance with 29 U.S.C. s. 49c, this state accepts
1860 29 U.S.C. ss. 49-491-1. The department is designated the state
1861 agency responsible for cooperating with the United States
1862 Secretary of Labor under 29 U.S.C. s. 49c. The department shall
1863 appoint sufficient employees to administer this section. The
1864 department may cooperate with or enter into agreements with the
1865 Railroad Retirement Board for the establishment, maintenance,
1866 and use of one-stop career centers.
1867 Section 30. Subsection (1) of section 446.71, Florida
1868 Statutes, is amended to read:
1869 446.71 Everglades Restoration Agricultural Community
1870 Employment Training Program.-
1871 (1) The Department of Economic Opportunity, in cooperation
1872 with the state board as defined ins. 445.002 CareerSource
Page 72 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
1873 Florida, Inc., shall establish the Everglades Restoration
1874 Agricultural Community Employment Training Program within the
1875 Department of Economic Opportunity. The Department of Economic
1876 Opportunity shall use funds appropriated to the program by the
1877 Legislature to provide grants to stimulate and support training
1878 and employment programs that seek to match persons who complete
1879 such training programs to nonagricultural employment
1880 opportunities in areas of high agricultural unemployment, and to
1881 provide other training, educational, and information services
1882 necessary to stimulate the creation of jobs in the areas of high
1883 agricultural unemployment. In determining whether to provide
1884 funds to a particular program, the Department of Economic
1885 Opportunity shall consider the location of the program in
1886 proximity to the program's intended participants.
1887 Section 31. Subsection (9) of section 1011.80, Florida
1888 Statutes, is amended to read:
1889 1011.80 Funds for operation of workforce education
1890 programs.-
1891 (9) The State Board of Education and the state board as
1892 defined ins. 445.002 CareerSource Florida, Inc., shall provide
18 93 the Legislature with recommended formulas, criteria, timeframes,
1894 and mechanisms for distributing performance funds. The
1895 commissioner shall consolidate the recommendations and develop a
1896 consensus proposal for funding. The Legislature shall adopt a
18 97 formula and distribute the performance funds to the State Board
1898 of Education for Florida College System institutions and school
Page 73 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1899 districts through the General Appropriations Act. These
1900 recommendations shall be based on formulas that would discourage
1901 low-performing or low-demand programs and encourage through
1902 performance-funding awards:
1903 (a) Programs that prepare people to enter high-wage
1904 occupations identified by the Workforce Estimating Conference
1905 created bys. 216.136 and other programs as approved by the
1906 state board as defined ins. 445.002 CareerSource Florida, Inc.
1907 At a minimum, performance incentives shall be calculated for
1908 adults who reach completion points or complete programs that
1909 lead to specified high-wage employment and to their placement in
1910 that employment.
1911 (b) Programs that successfully prepare adults who are
1912 eligible for public assistance, economically disadvantaged,
1913 disabled, not proficient in English, or dislocated workers for
1914 high-wage occupations. At a minimum, performance incentives
1915 shall be calculated at an enhanced value for the completion of
1916 adults identified in this paragraph and job placement of such
1917 adults upon completion. In addition, adjustments may be made in
1918 payments for job placements for areas of high unemployment.
1919 (c) Programs that are specifically designed to be
1920 consistent with the workforce needs of private enterprise and
1921 regional economic development strategies, as defined in
1922 guidelines set by the state board as defined ins. 445.002
1923 CareerSource Florida, Inc. The state board CareerSource Florida,
1924 Inc., shall develop guidelines to identify such needs and
Page 74 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1925 strategies based on localized research of private employers and
1926 economic development practitioners.
1927 (d) Programs identified by the state board as defined in
1928 s. 445.002 CareerSource Florida, Inc., as increasing the
1929 effectiveness and cost efficiency of education.
1930 Section 32. Subsection (3) of section 1011.801, Florida
1931 Statutes, is amended to read:
1932 1011.801 Workforce Development Capitalization Incentive
1933 Grant Program.-The Legislature recognizes that the need for
1934 school districts and Florida College System institutions to be
1935 able to respond to emerging local or statewide economic
1936 development needs is critical to the workforce development
1937 system. The Workforce Development Capitalization Incentive Grant
1938 Program is created to provide grants to school districts and
1939 Florida College System institutions on a competitive basis to
1940 fund some or all of the costs associated with the creation or
1941 expansion of workforce development programs that serve specific
1942 employment workforce needs.
1943 (3) The State Board of Education shall give highest
1944 priority to programs that train people to enter high-skill,
1945 high-wage occupations identified by the Workforce Estimating
1946 Conference and other programs approved by the state board as
1947 defined ins. 445.002, CareerSource Florida, Inc.; programs that
1948 train people to enter occupations under the welfare transition
194 9 programLT or programs that train for the workforce adults who
1950 are eligible for public assistance, economically disadvantaged,
Page 75 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1951 disabled, not proficient in English, or dislocated workers. The
1952 State Board of Education shall consider the statewide geographic
1953 dispersion of grant funds in ranking the applications and shall
1954 give priority to applications from education agencies that are
1955 making maximum use of their workforce development funding by
1956 offering high-performing, high-demand programs.
1957 Section 33. Paragraph (b) of subsection (5), subsection
1958 (6), paragraph (b) of subsection (10), and subsection (11) of
1959 section 20.60, Florida Statutes, are amended, and paragraph (c)
1960 is added to subsection (9) of that section, to read:
1961 20.60 Department of Economic Opportunity; creation; powers
1962 and duties.-
1963 (5) The divisions within the department have specific
1964 responsibilities to achieve the duties, responsibilities, and
1965 goals of the department. Specifically:
1966 (c) The Division of Workforce Services shall:
1967 1. Prepare and submit a unified budget request for
1968 workforce development in accordance with chapter 216 for, and in
1969 conjunction with, the state CareerSource Florida, Inc., and its
1970 board as defined ins. 445.002.
1971 2. Ensure that the state appropriately administers federal
1972 and state workforce funding by administering plans and policies
1973 of the state board as defined ins. 445.002 CareerSource
1974 Florida, Inc., under contract with CareerSource Florida, Inc.
1975 The operating budget and midyear amendments thereto must be part
1976 of such contract.
Page 76 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
1977 a. All program and fiscal instructions to local workforce
1978 development boards shall emanate from the Department of Economic
1979 Opportunity pursuant to plans and policies of the state board as
1980 defined ins. 445.002 CareerSource Florida, Inc., which shall be
1981 responsible for all policy directions to the local workforce
1982 development boards.
1983 b. Unless otherwise provided by agreement with the state
1984 board as defined ins. 445.002 CareerSource Florida, Inc.,
1985 administrative and personnel policies of the Department of
1986 Economic Opportunity apply.
1987 3. Implement the state's reemployment assistance program.
1988 The Department of Economic Opportunity shall ensure that the
1989 state appropriately administers the reemployment assistance
1990 program pursuant to state and federal law.
1991 4. Assist in developing the 5-year statewide strategic
1992 plan required by this section.
1993 (6) (a) The Department of Economic Opportunity is the
1994 administrative agency designated for receipt of federal
1995 workforce development grants and other federal funds. The
1996 department shall administer the duties and responsibilities
1997 assigned by the Governor under each federal grant assigned to
1998 the department. The department shall expend each revenue source
1999 as provided by federal and state law and as provided in plans
2000 developed by and agreements with the state board as defined in
2001 s. 445.002 CareerSource Florida, Inc. The department may serve
2002 as the contract administrator for contracts entered into by the
Page 77 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS for HB 1271 2020
2003 state board under CareerSource Florida, Inc., pursuant to s.
2004 445.004(5), as directed by CareerSource Florida, Inc.
2005 (b) The Department of Economic Opportunity shall serve as
2006 the designated agency for purposes of each federal workforce
2007 development grant assigned to it for administration. The
2008 department shall carry out the duties assigned to it by the
2009 Governor, under the terms and conditions of each grant. The
2010 department shall have the level of authority and autonomy
2011 necessary to be the designated recipient of each federal grant
2012 assigned to it and shall disburse such grants pursuant to the
2013 plans and policies of the state board as defined ins. 445.002
2014 CareerSource Florida, Inc. The executive director may, upon
2015 delegation from the Governor and pursuant to agreement with the
2016 state board CareerSource Florida, Inc., sign contracts, grants,
2017 and other instruments as necessary to execute functions assigned
2018 to the department. Notwithstanding other provisions of law, the
2019 department shall administer other programs funded by federal or
2020 state appropriations, as determined by the Legislature in the
2021 General Appropriations Act or other law.
2022 (9) The executive director shall:
2023 (c) Serve as the chair of the board of directors of the
2024 Florida Development Finance Corporation.
2025 (10) The department, with assistance from Enterprise
2026 Florida, Inc., shall, by November 1 of each year, submit an
2027 annual report to the Governor, the President of the Senate, and
2028 the Speaker of the House of Representatives on the condition of
Page 78 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
2029 the business climate and economic development in the state.
2030 (b) The report must incorporate annual reports of other
2031 programs, including:
2032 1. Information provided by the Department of Revenue under
2033 s. 290.014.
2034 2. Information provided by enterprise zone development
2035 agencies under s. 290.0056 and an analysis of the activities and
2036 accomplishments of each enterprise zone.
2037 3. The Economic Gardening Business Loan Pilot Program
2038 established under s. 288.1081 and the Economic Gardening
2039 Technical Assistance Pilot Program established under s.
2040 288.1082.
2041 4. A detailed report of the performance of the Black
2042 Business Loan Program and a cumulative summary of quarterly
2043 report data required under s. 288.714.
2044 5. The Rural Economic Development Initiative established
2045 under s. 288.0656.
2046 6. The Florida Unique Abilities Partner Program.
2047 7. A detailed report of the performance of the Florida
2048 Development Finance Corporation and a summary of the
2049 corporation's report that is required under s. 288.9610.
2050 (11) The department shall establish annual performance
2051 standards for Enterprise Florida, Inc., CareerSource Florida,
2052 Inc., the Florida Tourism Industry Marketing Corporation, the
2053 Florida Development Finance Corporation, and Space Florida and
2054 report annually on how these performance measures are being met
Page 79 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
2055 in the annual report required under subsection (10).
2056 Section 34. Subsection (2), paragraphs (a) and (c) of
2057 subsection (3), and subsection (4) of section 288.9604, Florida
2058 Statutes, are amended, and subsection (5) is added to that
2059 section, to read:
2060 288.9604 Creation of the authority.-
2061 (2) (a) The board of directors of the corporation shall
2062 consist of seven members. The executive director of the
2063 department, or his or her designee, shall serve as chair of the
2064 board of directors. The director of the Division of Bond Finance
2065 of the State Board of Administration, or his or her designee,
2066 shall serve as a director on the board. The Governor, subject to
2067 confirmation by the Senate, shall appoint the remaining five
2068 members of the board of directors of the corporation, who shall
2069 be five in number. At least three of the appointed directors of
2070 the corporation must be bankers or persons with experience in
2071 finance, and one of the appointed directors must be an economic
2072 development specialist.
2073 J.!21 The terms of office for the appointed directors are
2074 for shall be for 4 years after .f-r.effl the date of their
2075 appointment. A vacancy occurring during a term of an appointed
2076 director shall be filled for the unexpired term. An appointed A
2077 director is shall be eligible for reappointment. Each appointed
2078 director shall hold office until his or her successor has been
2079 appointed ~t least three of the directors of the corporation
2080 shall be banlcers who have been selected by the Governor from a
Page 80 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
2081 list of bankers who were nominated by Enterprise Florida, Inc.,
2082 and one of the directors shall be an economic development
2083 specialist.
2084 (3) (a) 1. A director may not receive compensation for his
2085 or her services, but is entitled to necessary expenses,
2086 including travel expenses, incurred in the discharge of his or
2087 her duties. Each director shall hold office until his or her
2088 successor has been appointed.
2089 2. Directors are subject toss. 112.313(1)-(8), (10),
2090 (12), and (15); 112.3135; and 112.3143(2). For purposes of
2091 applying ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
2092 112.3143(2) to activities of directors, directors are shall be
2093 considered public officers and the corporation is shall be
2094 considered their agency.
2095 (c) The directors of the corporation shall annually elect
2096 one of their members as chair and one as vice chair. The
2097 corporation may employ a president, technical experts, and such
2098 other agents and employees, permanent and temporary, as it
2099 requires and determine their qualifications, duties, and
2100 compensation. For such legal services as it requires, the
2101 corporation may employ or retain its own counsel and legal
2102 staff.
2103 (4) The board may remove an appointed a director for
2104 inefficiency, neglect of duty, or misconduct in office. An
2105 appointed director may be removed only after a hearing and only
2106 if he or she has been given a copy of the charges at least 10
Page 81 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
2107 days before such hearing and has had an opportunity to be heard
2108 in person or by counsel. The removal of an appointed a director
2109 creates shall create a vacancy on the board which must shall be
2110 filled pursuant to subsection (2).
2111 (5) This section is repealed October 1, 2022, and October
2112 1 of every fourth year thereafter, unless reviewed and saved
2113 from repeal by the Legislature.
2114 Section 35. In order to implement the changes made by this
2115 act to s. 288.9604, Florida Statutes, the chair and vice chair
2116 of the board of directors of the Florida Development Finance
2117 Corporation on June 30, 2020, shall serve as appointed directors
2118 beginning on July 1, 2020. This act does not affect the terms of
2119 the current directors serving on the board on July 1, 2020.
2120 Section 36. Section 288.9610, Florida Statutes, is amended
2121 to read:
2122 288.9610 Annual reports of Florida Development Finance
2123 Corporation.-On or before 90 days after the close of the Florida
2124 Development Finance Corporation's fiscal year, the corporation
2125 shall submit to the Governor, the Legislature, the Auditor
2126 General, the Department of Economic Opportunity, and the
2127 governing body of each public entity with which it has entered
2128 into an interlocal agreement a complete and detailed report
2129 setting forth:
2130 (1) The results of any audit conducted under pursuant to
2131 s. 11.45.
2132 (2) The activities, operations, and accomplishments of the
Page 82 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1271 2020
2133 Florida Development Finance Corporation, including the number of
2134 businesses assisted by the corporation.
2135 (3) Its assets, liabilities, income, and operating
2136 expenses at the end of its most recent fiscal year, including a
2137 description of all of its outstanding revenue bonds.
2138 Section 37. A contract or interlocal agreement that exists
2139 before July 1, 2020, between the Florida Development Finance
2140 Corporation, or an entity or agent of the corporation, and any
2141 other entity or person shall remain in effect and be binding on
2142 the successor department, entity, or person responsible for the
2143 program, activity, or function that relates to the contract or
2144 interlocal agreement.
2145 Section 38. This act shall take effect July 1, 2020.
Page 83 of 83
CODING: Words stricken are deletions; words underlined are additions.
V
File and source
- File
- 2020-02-04_3015_workforce-development-tourism-subcommittee_meeting-packets_fn-wts-2-4-20.pdf
- Size
- 5,578,027 bytes
- SHA-256
- 38fda52e334d45e46d317fe467169d15f1731fabb8760cdeaca9ca71f6e7c49f
- Our copy
- 2020-02-04_3015_workforce-development-tourism-subcommittee_meeting-packets_fn-wts-2-4-20.pdf
- Original
- No public link identified.