PCS for CS/HB 1139 (2020) — An act relating to economic development
Summary
PCS for CS/HB 1139 (original, 2020), a bill to be entitled an act relating to economic development, from the Commerce Committee. The title lists amendments to s. 288.018, F.S., on regional economic development organizations and matching grants, to s. 288.0655, F.S., including broadband Internet service grants, and to s. 445.002, F.S., and later sections replacing CareerSource Florida, Inc., with the state board or the department. Section 39 provides that a contract or interlocal agreement existing before July 1, 2020, between the Florida Development Finance Corporation and any other entity or person remains in effect. Section 40 states that the act takes effect July 1, 2020.
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“PCS for CS/HB 1139 (2020) — An act relating to economic development.”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for CS/HB 1139 ORIGINAL 2020
1 A bill to be entitled
2 An act relating to economic development; amending s.
3 288.018, F.S.; defining the term "regional economic
4 development organization"; specifying the duties of a
5 regional economic development organization; specifying
6 authorized uses of matching grants; revising the
7 required amount of nonstate matching funds; requiring
8 certain information to be included in contracts or
9 agreements involving grant funds; specifying the
10 information that must be posted on a regional economic
11 development organization's website before execution of
12 certain contracts or agreements; deleting an obsolete
13 provision; increasing the amount of funds the
14 Department of Economic Opportunity may expend each
15 fiscal year from the Rural Community Development
16 Revolving Loan Fund for certain purposes; amending s.
17 288.0655, F.S.; increasing the maximum percent of
18 total infrastructure project costs for which the
19 department may award a grant; repealing a provision
20 addressing certain increased maximum percentages;
21 specifying that improving availability of broadband
22 Internet services is an eligible project for certain
23 grant funds; providing that grants for improvements to
24 broadband Internet service and access must be
25 conducted through certain partnerships; extending the
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26 date by which the department is required to reevaluate
27 certain guidelines; requiring certain information to
28 be included in contracts or agreements involving grant
29 funds; specifying the information that must be posted
30 on a regional economic development organization's
31 website before execution of certain contracts or
32 agreements; amending s. 445.002, F.S.; defining the
33 terms "for cause" and "state board"; amending s.
34 445.003, F.S.; replacing CareerSource Florida, Inc.,
35 with the state board or the department in provisions
36 relating to the implementation of the federal
37 Workforce Innovation and Opportunity Act; authorizing,
38 rather than requiring, certain funds to be reserved
39 for the Incumbent Worker Training Program; conforming
40 provisions to changes made by the act; authorizing the
41 state board to hire a director and staff; requiring
42 the state board to authorize the director and staff to
43 work with the department for specified reasons;
44 amending s. 445.004, F.S.; revising provisions
45 relating to the operation of CareerSource Florida,
46 Inc.; revising the purpose of CareerSource Florida,
47 Inc.; providing purpose for the state board; revising
48 the organizational structure of CareerSource Florida,
49 Inc.; providing requirements for the organizational
50 structure of the state board; providing the state
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51 board with powers and authority previously held by
52 CareerSource Florida, Inc.; revising the requirements
53 related to such powers and authority; requiring the
54 state board, rather than CareerSource Florida, Inc.,
55 to submit an annual report to the Governor and the
56 Legislature; authorizing the Auditor General to
57 conduct an audit of the state board and programs or
58 entities created by the state board; requiring the
59 state board, rather than CareerSource Florida, Inc.,
60 to establish certain uniform performance
61 accountability measures; requiring the state board, in
62 consultation with the department, to design the
63 workforce development strategy for the state;
64 requiring that the strategy be approved by the
65 Governor; revising requirements relating to the
66 workforce development system; authorizing the
67 department to consult with the state board to issue
68 certain technical assistance letters; amending s.
69 445.006, F.S.; requiring that the state board, rather
70 than CareerSource Florida, Inc., take certain actions
71 relating to the state plan for workforce development;
72 amending s. 445.007, F.S.; replacing CareerSource
73 Florida, Inc., with the state board or the department
74 in provisions relating to local workforce development
75 boards; deleting the definition of the term "cause";
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76 authorizing a chief elected official for a local
77 workforce development board to remove certain persons
78 from the board for cause; requiring the department to
79 provide certain guidance to specified entities;
80 deleting an obsolete provision; making technical
81 changes; amending s. 445.0071, F.S.; replacing
82 CareerSource Florida, Inc., with the state board or
83 the department in provisions relating to the Florida
84 Youth Summer Jobs Pilot Program; amending s. 445.008,
85 F.S.; revising authority relating to the Workforce
86 Training Institute; requiring that certain donations
87 and grants be reported to the state board and the
88 department; amending s. 445.009, F.S.; replacing
89 CareerSource Florida, Inc., with the state board or
90 the department in provisions relating to one-stop
91 delivery systems; deleting an obsolete provision;
92 amending s. 445.011, F.S.; replacing CareerSource
93 Florida, Inc., with the department in provisions
94 relating to workforce information systems; requiring
95 the department to consult with the state board in
96 implementing certain automated information systems;
97 deleting a provision requiring CareerSource Florida,
98 Inc., to take certain actions when procuring workforce
99 information systems; amending s. 445.014, F.S.;
100 replacing CareerSource Florida, Inc., with the state
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101 board in provisions relating to the establishment of
102 one-stop delivery systems; amending s. 445.021, F.S.;
103 replacing CareerSource Florida, Inc., with the state
104 board in provisions relating to the relocation
105 assistance program; amending s. 445.022, F.S.;
106 replacing CareerSource Florida, Inc., with the state
107 board in provisions relating to Retention Incentive
108 Training Accounts; amending s. 445.024, F.S.;
109 replacing CareerSource Florida, Inc., with the state
110 board in provisions relating to certain contract
111 exceptions; amending s. 445.026, F.S.; replacing
112 CareerSource Florida, Inc., with the state board in
113 provisions relating to cash assistance severance
114 benefits; amending s. 445.028, F.S.; replacing
115 CareerSource Florida, Inc., with the department in
116 provisions relating to transitional benefits and
117 services; amending s. 445.030, F.S.; replacing
118 CareerSource Florida, Inc., with the state board in
119 provisions relating to transitional education and
120 training; amending s. 445.033, F.S.; replacing
121 CareerSource Florida, Inc., with the state board in
122 provisions relating to evaluations of TANF-funding
123 programs; amending s. 445.035, F.S.; replacing
124 CareerSource Florida, Inc., with the state board in
125 provisions relating to data collection and reporting;
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126 amending s. 445.048, F.S.; replacing CareerSource
127 Florida, Inc., with the state board in provisions
128 relating to the Passport to Economic Progress program;
129 amending s. 445.051, F.S.; replacing CareerSource
130 Florida, Inc., with the state board in provisions
131 relating to individual development accounts; amending
132 s. 445.055, F.S.; replacing CareerSource Florida,
133 Inc., with the state board in provisions relating to
134 the establishment of an employment advocacy and
135 assistance program targeting a certain group; amending
136 ss. 11.45, 288.901, 331.369, 413.405, 414.045,
137 420.622, 443.171, 443.181, 446.71, 1011.80, and
138 1011.801, F.S.; conforming provisions to changes made
139 by the act; amending s. 20.60, F.S.; requiring the
140 executive director of the department to serve as the
141 chair of the board of directors of the Florida
142 Development Finance Corporation; requiring the
143 department to include specified information in its
144 annual report and develop annual performance standards
145 for the corporation; conforming provisions to changes
146 made by the act; amending s. 288.9604, F.S.; revising
147 the membership of the board of directors of the
148 corporation; conforming provisions to changes made by
149 the act; providing for future repeals; requiring the
150 current chair and vice chair of the board of directors
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151 of the corporation to serve as appointed directors
152 after a specified date; providing construction;
153 amending s. 288.9610, F.S.; requiring the corporation
154 to submit an annual report containing specified
155 information to the department; providing that certain
156 contracts and interlocal agreements remain in effect
157 and binding under certain circumstances; providing an
158 effective date.
159
160 Be It Enacted by the Legislature of the State of Florida:
161
162 Section 1. Subsections (1) and (3) of section 288.018,
163 Florida Statutes, are amended to read:
164 288.018 Regional Rural Development Grants Program.—
165 (1)(a) For the purposes of this section, the term
166 "regional economic development organization" means an economic
167 development organization located in or contracted to serve a
168 rural area of opportunity, as defined in s. 288.0656(2)(d).
169 (b) The department shall establish a matching grant
170 program to provide funding to regional regionally based economic
171 development organizations representing rural counties and
172 communities for the purpose of building the professional
173 capacity of those their organizations. Building the professional
174 capacity of a regional economic development organization
175 includes hiring professional staff to develop, deliver, and
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176 provide needed economic development professional services,
177 including technical assistance, education and leadership
178 development, marketing, and project recruitment. Such Matching
179 grants may also be used by a regional an economic development
180 organization to provide technical assistance to local
181 governments, local economic development organizations, and
182 existing and prospective businesses within the rural counties
183 and communities that it serves.
184 (c) A regional economic development organization may apply
185 annually to the department for a matching grant. The department
186 is authorized to approve, on an annual basis, grants to such
187 regional regionally based economic development organizations.
188 The maximum amount an organization may receive in any year will
189 be $50,000, or $250,000 for any three regional economic
190 development organizations that serve an entire region of a rural
191 area of opportunity designated pursuant to s. 288.0656(7) if
192 they are recognized by the department as serving such a region.
193 (d) Grant funds received by a regional economic
194 development organization $150,000 in a rural area of opportunity
195 recommended by the Rural Economic Development Initiative and
196 designated by the Governor, and must be matched each year by an
197 equivalent amount of nonstate resources in an amount equal to 25
198 percent of the state contribution.
199 (3)(a) A contract or agreement that involves the
200 expenditure of grant funds provided under this section,
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201 including a contract or agreement entered into between another
202 entity and a regional economic development organization, a unit
203 of local government, or an economic development organization
204 substantially underwritten by a unit of local government, must
205 include:
206 1. The purpose of the contract or agreement.
207 2. Specific performance standards and responsibilities for
208 each entity under the contract or agreement.
209 3. A detailed project or contract budget, if applicable.
210 4. The value of any services provided.
211 5. The projected travel expenses for employees and board
212 members, if applicable.
213 (b) At least 14 days before executing a contract or
214 agreement, the contracting regional economic development
215 organization shall post on its website:
216 1. Any contract or agreement that involves the expenditure
217 of grant funds provided under this section.
218 2. A plain-language version of any contract or agreement
219 that is estimated to exceed $35,000 with a private entity, a
220 municipality, or a vendor of services, supplies, or programs,
221 including marketing, or for the purchase or lease or use of
222 lands, facilities, or properties which involves the expenditure
223 of grant funds provided under this section and which is
224 estimated to exceed $35,000 The department may also contract for
225 the development of an enterprise zone web portal or websites for
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226 each enterprise zone which will be used to market the program
227 for job creation in disadvantaged urban and rural enterprise
228 zones. Each enterprise zone web page should include downloadable
229 links to state forms and information, as well as local message
230 boards that help businesses and residents receive information
231 concerning zone boundaries, job openings, zone programs, and
232 neighborhood improvement activities.
233 Section 2. Subsections (5) and (6) of section 288.0655,
234 Florida Statutes, are renumbered as subsections (6) and (7),
235 respectively, paragraph (b) of subsection (2) and subsection (4)
236 are amended, and a new subsection (5) is added to that section,
237 to read:
238 288.0655 Rural Infrastructure Fund.—
239 (2)
240 (b) To facilitate access of rural communities and rural
241 areas of opportunity as defined by the Rural Economic
242 Development Initiative to infrastructure funding programs of the
243 Federal Government, such as those offered by the United States
244 Department of Agriculture and the United States Department of
245 Commerce, and state programs, including those offered by Rural
246 Economic Development Initiative agencies, and to facilitate
247 local government or private infrastructure funding efforts, the
248 department may award grants for up to 50 30 percent of the total
249 infrastructure project cost. If an application for funding is
250 for a catalyst site, as defined in s. 288.0656, the department
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251 may award grants for up to 40 percent of the total
252 infrastructure project cost. Eligible projects must be related
253 to specific job-creation or job-retention opportunities.
254 Eligible projects may also include improving any inadequate
255 infrastructure that has resulted in regulatory action that
256 prohibits economic or community growth, or reducing the costs to
257 community users of proposed infrastructure improvements that
258 exceed such costs in comparable communities, and improving
259 access to and the availability of broadband Internet service.
260 Eligible uses of funds shall include improvements to public
261 infrastructure for industrial or commercial sites, upgrades to
262 or development of public tourism infrastructure, and
263 improvements to broadband Internet service and access in
264 unserved or underserved rural communities. Improvements to
265 broadband Internet service and access must be conducted through
266 a partnership or partnerships with one or more dealers of
267 communications services, as defined in s. 202.11(2), and the
268 partnership or partnerships must be established by a publicly
269 noticed and competitively selected process and upgrades to or
270 development of public tourism infrastructure. Authorized
271 infrastructure may include the following public or public-
272 private partnership facilities: storm water systems;
273 telecommunications facilities; broadband facilities; roads or
274 other remedies to transportation impediments; nature-based
275 tourism facilities; or other physical requirements necessary to
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276 facilitate tourism, trade, and economic development activities
277 in the community. Authorized infrastructure may also include
278 publicly or privately owned self-powered nature-based tourism
279 facilities, publicly owned telecommunications facilities, and
280 broadband facilities, and additions to the distribution
281 facilities of the existing natural gas utility as defined in s.
282 366.04(3)(c), the existing electric utility as defined in s.
283 366.02, or the existing water or wastewater utility as defined
284 in s. 367.021(12), or any other existing water or wastewater
285 facility, which owns a gas or electric distribution system or a
286 water or wastewater system in this state where:
287 1. A contribution-in-aid of construction is required to
288 serve public or public-private partnership facilities under the
289 tariffs of any natural gas, electric, water, or wastewater
290 utility as defined herein; and
291 2. Such utilities as defined herein are willing and able
292 to provide such service.
293 (4) By September 1, 2021 2012, the department shall, in
294 consultation with the organizations listed in subsection (3),
295 and other organizations, reevaluate existing guidelines and
296 criteria governing submission of applications for funding,
297 review and evaluation of such applications, and approval of
298 funding under this section. The department shall consider
299 factors including, but not limited to, the project's potential
300 for enhanced job creation or increased capital investment, the
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301 demonstration and level of local public and private commitment,
302 whether the project is located in an enterprise zone, in a
303 community development corporation service area, or in an urban
304 high-crime area as designated under s. 212.097, the unemployment
305 rate of the county in which the project would be located, and
306 the poverty rate of the community.
307 (5)(a) A contract or agreement that involves the
308 expenditure of grant funds provided under this section,
309 including a contract or agreement entered into between another
310 entity and a regional economic development organization, a unit
311 of local government, or an economic development organization
312 substantially underwritten by a unit of local government, must
313 include:
314 1. The purpose of the contract or agreement.
315 2. Specific performance standards and responsibilities for
316 each entity.
317 3. A detailed project or contract budget, if applicable.
318 4. The value of any services provided.
319 5. The projected travel expenses for employees and board
320 members, if applicable.
321 (b) At least 14 days before execution, the contracting
322 regional economic development organization shall post on its
323 website:
324 1. Any contract or agreement that involves the expenditure
325 of grant funds provided under this section.
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326 2. A plain-language version of a contract or agreement
327 that is estimated to exceed $35,000 with a private entity, a
328 municipality, or a vendor of services, supplies, or programs,
329 including marketing, or for the purchase or lease or use of
330 lands, facilities, or properties which involves the expenditure
331 of grant funds provided under this section and which is
332 estimated to exceed $35,000.
333 Section 3. Subsections (2) and (3) of section 445.002,
334 Florida Statutes, are renumbered as subsections (3) and (5),
335 respectively, and new subsections (2) and (4) are added to that
336 section to read:
337 445.002 Definitions.—As used in this chapter, the term:
338 (2) "For cause" includes, but is not limited to, engaging
339 in fraud or other criminal acts, incapacity, unfitness, neglect
340 of duty, official incompetence and irresponsibility,
341 misfeasance, malfeasance, nonfeasance, or lack of performance.
342 (4) "State board" means the state workforce development
343 board established pursuant to the Workforce Innovation and
344 Opportunity Act, Pub. L. No. 113-128, Title I, s. 101. The state
345 board shall be supported by CareerSource Florida, Inc., which
346 works at the direction of the state board in consultation with
347 the department as required by this chapter.
348 Section 4. Subsections (2) through (5) of section 445.003,
349 Florida Statutes, are amended, and subsection (6) is added to
350 that section, to read:
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351 445.003 Implementation of the federal Workforce Innovation
352 and Opportunity Act.—
353 (2) FOUR-YEAR PLAN.—The state board CareerSource Florida,
354 Inc., shall prepare and submit a 4-year plan, consistent with
355 the requirements of the Workforce Innovation and Opportunity
356 Act. Mandatory and optional federal partners shall be fully
357 involved in designing the plan's one-stop delivery system
358 strategy. The plan must clearly define each program's statewide
359 duties and role relating to the system. The plan must detail a
360 process that would fully integrate all federally mandated and
361 optional partners.
362 (3) FUNDING.—
363 (a) Title I, Workforce Innovation and Opportunity Act
364 funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be
365 expended based on the 4-year plan of the state board
366 CareerSource Florida, Inc. The plan must outline and direct the
367 method used to administer and coordinate various funds and
368 programs that are operated by various agencies. The following
369 provisions apply to these funds:
370 1. At least 50 percent of the Title I funds for Adults and
371 Dislocated Workers which are passed through to local workforce
372 development boards shall be allocated to and expended on
373 Individual Training Accounts unless a local workforce
374 development board obtains a waiver from the state board
375 CareerSource Florida, Inc. Tuition, books, and fees of training
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376 providers and other training services prescribed and authorized
377 by the Workforce Innovation and Opportunity Act qualify as
378 Individual Training Account expenditures.
379 2. Fifteen percent of Title I funding shall be retained at
380 the state level and dedicated to state administration and shall
381 be used to design, develop, induce, and fund innovative
382 Individual Training Account pilots, demonstrations, and
383 programs. Of such funds retained at the state level, $2 million
384 may shall be reserved for the Incumbent Worker Training Program
385 created under subparagraph 3. Eligible state administration
386 costs include the costs of funding for the state board and state
387 board staff of CareerSource Florida, Inc.; operating fiscal,
388 compliance, and management accountability systems through the
389 department CareerSource Florida, Inc.; conducting evaluation and
390 research on workforce development activities; and providing
391 technical and capacity building assistance to local workforce
392 development areas at the direction of the state board
393 CareerSource Florida, Inc. Notwithstanding s. 445.004, such
394 administrative costs may not exceed 25 percent of these funds.
395 An amount not to exceed 75 percent of these funds shall be
396 allocated to Individual Training Accounts and other workforce
397 development strategies for other training designed and tailored
398 by the department in consultation with the state board
399 CareerSource Florida, Inc., including, but not limited to,
400 programs for incumbent workers, nontraditional employment, and
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401 enterprise zones. The department, in consultation with the state
402 board CareerSource Florida, Inc., shall design, adopt, and fund
403 Individual Training Accounts for distressed urban and rural
404 communities.
405 3. The Incumbent Worker Training Program is created for
406 the purpose of providing grant funding for continuing education
407 and training of incumbent employees at existing Florida
408 businesses. The program will provide reimbursement grants to
409 businesses that pay for preapproved, direct, training-related
410 costs.
411 a. The Incumbent Worker Training Program will be
412 administered by CareerSource Florida, Inc., which may, at its
413 discretion, contract with a private business organization to
414 serve as grant administrator.
415 b. The program shall be administered pursuant to s.
416 134(d)(4) of the Workforce Innovation and Opportunity Act.
417 Priority for funding shall be given to businesses with 25
418 employees or fewer, businesses in rural areas, businesses in
419 distressed inner-city areas, businesses in a qualified targeted
420 industry, businesses whose grant proposals represent a
421 significant upgrade in employee skills, or businesses whose
422 grant proposals represent a significant layoff avoidance
423 strategy.
424 c. All costs reimbursed by the program must be preapproved
425 by CareerSource Florida, Inc., or the grant administrator. The
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426 program may not reimburse businesses for trainee wages, the
427 purchase of capital equipment, or the purchase of any item or
428 service that may possibly be used outside the training project.
429 A business approved for a grant may be reimbursed for
430 preapproved, direct, training-related costs including tuition,
431 fees, books and training materials, and overhead or indirect
432 costs not to exceed 5 percent of the grant amount.
433 d. A business that is selected to receive grant funding
434 must provide a matching contribution to the training project,
435 including, but not limited to, wages paid to trainees or the
436 purchase of capital equipment used in the training project; must
437 sign an agreement with CareerSource Florida, Inc., or the grant
438 administrator to complete the training project as proposed in
439 the application; must keep accurate records of the project's
440 implementation process; and must submit monthly or quarterly
441 reimbursement requests with required documentation.
442 e. All Incumbent Worker Training Program grant projects
443 shall be performance-based with specific measurable performance
444 outcomes, including completion of the training project and job
445 retention. CareerSource Florida, Inc., or the grant
446 administrator shall withhold the final payment to the grantee
447 until a final grant report is submitted and all performance
448 criteria specified in the grant contract have been achieved.
449 f. The state board CareerSource Florida, Inc., may
450 establish guidelines necessary to implement the Incumbent Worker
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451 Training Program.
452 g. No more than 10 percent of the Incumbent Worker
453 Training Program's total appropriation may be used for overhead
454 or indirect purposes.
455 4. At least 50 percent of Rapid Response funding shall be
456 dedicated to Intensive Services Accounts and Individual Training
457 Accounts for dislocated workers and incumbent workers who are at
458 risk of dislocation. The department CareerSource Florida, Inc.,
459 shall also maintain an Emergency Preparedness Fund from Rapid
460 Response funds, which will immediately issue Intensive Service
461 Accounts, Individual Training Accounts, and other federally
462 authorized assistance to eligible victims of natural or other
463 disasters. At the direction of the Governor, these Rapid
464 Response funds shall be released to local workforce development
465 boards for immediate use after events that qualify under federal
466 law. Funding shall also be dedicated to maintain a unit at the
467 state level to respond to Rapid Response emergencies and to work
468 with state emergency management officials and local workforce
469 development boards. All Rapid Response funds must be expended
470 based on a plan developed by the state board in consultation
471 with the department CareerSource Florida, Inc., and approved by
472 the Governor.
473 (b) The administrative entity for Title I, Workforce
474 Innovation and Opportunity Act funds, and Rapid Response
475 activities is the department of Economic Opportunity, which
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476 shall provide direction to local workforce development boards
477 regarding Title I programs and Rapid Response activities
478 pursuant to the direction of CareerSource Florida, Inc.
479 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
480 MODIFICATIONS.—
481 (a) The state board CareerSource Florida, Inc., may
482 provide indemnification from audit liabilities to local
483 workforce development boards that act in full compliance with
484 state law and board policy.
485 (b) The state board, in consultation with the department
486 CareerSource Florida, Inc., may make modifications to the
487 state's plan, policies, and procedures to comply with federally
488 mandated requirements that in its judgment must be complied with
489 to maintain funding provided pursuant to Pub. L. No. 113-128.
490 The state board shall provide written notice to the Governor,
491 the President of the Senate, and the Speaker of the House of
492 Representatives within 30 days after any such changes or
493 modifications.
494 (c) The state board CareerSource Florida, Inc., shall
495 enter into a memorandum of understanding with the Florida
496 Department of Education to ensure that federally mandated
497 requirements of Pub. L. No. 113-128 are met and are in
498 compliance with the state plan for workforce development.
499 (5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.—The
500 state board CareerSource Florida, Inc., may recommend workforce-
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501 related divisions, bureaus, units, programs, duties,
502 commissions, boards, and councils for elimination,
503 consolidation, or privatization.
504 (6) AUTHORITY TO HIRE DIRECTOR AND STAFF.—The state board
505 may hire a director and staff to assist in carrying out the
506 functions of the Workforce Innovation and Opportunity Act and in
507 using funds made available through the act. The state board
508 shall authorize the director and staff to work with the
509 department in carrying out the functions of the Workforce
510 Innovation and Opportunity Act.
511 Section 5. Section 445.004, Florida Statutes, is amended
512 to read:
513 445.004 CareerSource Florida, Inc., and the state board;
514 creation; purpose; membership; duties and powers.—
515 (1) CareerSource Florida, Inc., is created as a not-for-
516 profit corporation, which shall be registered, incorporated,
517 organized, and operated in compliance with chapter 617 and shall
518 operate at the direction of the state board. CareerSource
519 Florida, Inc., is not a unit or entity of state government and
520 is exempt from chapters 120 and 287. CareerSource Florida, Inc.,
521 shall apply the procurement and expenditure procedures required
522 by federal law for the expenditure of federal funds.
523 CareerSource Florida, Inc., shall be administratively housed
524 within the department and shall operate under agreement with of
525 Economic Opportunity; however, CareerSource Florida, Inc., is
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526 not subject to control, supervision, or direction by the
527 department in any manner. The Legislature finds that public
528 policy dictates that CareerSource Florida, Inc., operate in the
529 most open and accessible manner consistent with its public
530 purpose. To this end, the Legislature specifically declares that
531 CareerSource Florida, Inc., its board, councils, and any
532 advisory committees or similar groups created by CareerSource
533 Florida, Inc., are subject to the provisions of chapter 119
534 relating to public records, and those provisions of chapter 286
535 relating to public meetings.
536 (2) CareerSource Florida, Inc., provides administrative
537 support for the state board, is the principal workforce policy
538 organization for the state. The purpose of the state board
539 CareerSource Florida, Inc., is to design and implement
540 strategies that help Floridians enter, remain in, and advance in
541 the workplace, so that they may become more highly skilled and
542 successful, which benefits these Floridians, Florida businesses,
543 and the entire state, and fosters the development of the state's
544 business climate. CareerSource Florida, Inc., shall, consistent
545 with its agreement with the department, implement the policy
546 directives of the state board and administer state workforce
547 development programs as authorized by law.
548 (3)(a) CareerSource Florida, Inc., shall be governed by a
549 board of directors, whose membership and appointment must be
550 consistent with Pub. L. No. 113-128, Title I, s. 101(b). Members
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551 of the state board described in Pub. L. No. 113-128, Title I, s.
552 101(b)(1)(C)(iii)(I)(aa) are shall be nonvoting members. The
553 number of members is directors shall be determined by the
554 Governor, who shall consider the importance of minority, gender,
555 and geographic representation in making appointments to the
556 state board. When the Governor is in attendance, he or she shall
557 preside at all meetings of the state board of directors.
558 (b) The state board of directors of CareerSource Florida,
559 Inc., shall be chaired by a board member designated by the
560 Governor pursuant to Pub. L. No. 113-128. A member may not serve
561 more than two terms.
562 (c) Members appointed by the Governor may serve no more
563 than two terms and must be appointed for 3-year terms. However,
564 in order to establish staggered terms for state board members,
565 the Governor shall appoint or reappoint one-third of the state
566 board members for 1-year terms, one-third of the state board
567 members for 2-year terms, and one-third of the state board
568 members for 3-year terms beginning July 1, 2016. Subsequent
569 appointments or reappointments shall be for 3-year terms, except
570 that a member appointed to fill a vacancy on the state board
571 shall be appointed to serve only the remainder of the term of
572 the member whom he or she is replacing, and may be appointed for
573 a subsequent 3-year term. Private sector representatives of
574 businesses, appointed by the Governor pursuant to Pub. L. No.
575 113-128, shall constitute a majority of the membership of the
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576 state board. Private sector representatives shall be appointed
577 from nominations received by the Governor, including, but not
578 limited to, those nominations made by the President of the
579 Senate and the Speaker of the House of Representatives. Private
580 sector appointments to the state board must be representative of
581 the business community of this state; no fewer than one-half of
582 the appointments must be representative of small businesses, and
583 at least five members must have economic development experience.
584 Members appointed by the Governor serve at the pleasure of the
585 Governor and are eligible for reappointment.
586 (d) The state board must include the vice chairperson of
587 the board of directors of Enterprise Florida, Inc., and one
588 member representing each of the Workforce Innovation and
589 Opportunity Act partners, including the Division of Career and
590 Adult Education, and other entities representing programs
591 identified in the Workforce Innovation and Opportunity Act, as
592 determined necessary.
593 (e) A member of the state board of directors of
594 CareerSource Florida, Inc., may be removed by the Governor for
595 cause. Absence from three consecutive meetings results in
596 automatic removal. The chair of the state board CareerSource
597 Florida, Inc., shall notify the Governor of such absences.
598 (f) Representatives of businesses appointed to the state
599 board of directors may not include providers of workforce
600 services.
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601 (g) The state board serves as the board of directors of
602 CareerSource Florida, Inc. The state board shall hire an
603 executive director for CareerSource Florida, Inc. The executive
604 director serves as the president, the chief executive officer,
605 and an employee of CareerSource Florida, Inc. The president of
606 CareerSource Florida, Inc., serves at the pleasure of the
607 Governor.
608 (4)(a) The president of CareerSource Florida, Inc., shall
609 be hired by the board of directors of CareerSource Florida,
610 Inc., and shall serve at the pleasure of the Governor in the
611 capacity of an executive director and secretary of CareerSource
612 Florida, Inc.
613 (a)(b) The state board of directors of CareerSource
614 Florida, Inc., shall meet at least quarterly and at other times
615 upon the call of its chair. The state board and its committees,
616 subcommittees, or other subdivisions may use any method of
617 telecommunications to conduct meetings, including establishing a
618 quorum through telecommunications, if the public is given proper
619 notice of the telecommunications meeting and is given reasonable
620 access to observe and, if appropriate, participate.
621 (b)(c) A majority of the total current membership of the
622 state board of directors of CareerSource Florida, Inc.,
623 constitutes a quorum and is required to organize and conduct the
624 business of the state board, except that a majority of the
625 executive committee is required to adopt or amend the bylaws.
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626 (d) A majority of those voting is required to organize and
627 conduct the business of the board, except that a majority of the
628 entire board of directors is required to adopt or amend the
629 bylaws.
630 (c)(e) Except as delegated or authorized by the state
631 board of directors of CareerSource Florida, Inc., individual
632 members have no authority to control or direct the operations of
633 CareerSource Florida, Inc., or the actions of its officers and
634 employees, including the president.
635 (d)(f) Members of the state board of directors of
636 CareerSource Florida, Inc., and its committees serve without
637 compensation, but these members and, the president, and the
638 employees of CareerSource Florida, Inc., may be reimbursed for
639 all reasonable, necessary, and actual expenses as provided under
640 pursuant to s. 112.061.
641 (e)(g) The state board shall of directors of CareerSource
642 Florida, Inc., may establish an executive committee consisting
643 of the chair and at least six additional board members selected
644 by the chair, one of whom must be a representative of organized
645 labor. The executive committee and the president of CareerSource
646 Florida, Inc., have such authority as the state board delegates
647 to them, except that the state board of directors may not
648 delegate to the executive committee authority to take action
649 that requires approval by a majority of the entire state board
650 of directors.
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651 (f)(h) The chair may appoint committees to fulfill the
652 state board's responsibilities, to comply with federal
653 requirements, or to obtain technical assistance, and must
654 incorporate members of local workforce development boards into
655 its structure.
656 (g)(i) Each member of the state board of directors who is
657 not otherwise required to file a financial disclosure under
658 pursuant to s. 8, Art. II of the State Constitution or s.
659 112.3144 must file disclosure of financial interests under
660 pursuant to s. 112.3145.
661 (5) The state board has CareerSource Florida, Inc., shall
662 have all the powers and authority not explicitly prohibited by
663 statute which are necessary or convenient to carry out and
664 effectuate its purposes as determined by statute, Pub. L. No.
665 113-128, and the Governor, as well as its functions, duties, and
666 responsibilities, including, but not limited to, the following:
667 (a) Serving as the state's workforce development board
668 pursuant to Pub. L. No. 113-128. Unless otherwise required by
669 federal law, at least 90 percent of workforce development
670 funding must go toward direct customer service.
671 (b) Providing oversight and policy direction to ensure
672 that the following programs are administered by the department
673 consistent in compliance with approved plans and under contract
674 with CareerSource Florida, Inc.:
675 1. Programs authorized under Title I of the Workforce
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676 Innovation and Opportunity Act, Pub. L. No. 113-128, with the
677 exception of programs funded directly by the United States
678 Department of Labor under Title I, s. 167.
679 2. Programs authorized under the Wagner-Peyser Act of
680 1933, as amended, 29 U.S.C. ss. 49 et seq.
681 3. Activities authorized under Title II of the Trade Act
682 of 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
683 Adjustment Assistance Program.
684 4. Activities authorized under 38 U.S.C. chapter 41,
685 including job counseling, training, and placement for veterans.
686 5. Employment and training activities carried out under
687 funds awarded to this state by the United States Department of
688 Housing and Urban Development.
689 6. Welfare transition services funded by the Temporary
690 Assistance for Needy Families Program, created under the
691 Personal Responsibility and Work Opportunity Reconciliation Act
692 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
693 of the Social Security Act, as amended.
694 7. The Florida Bonding Program, provided under Pub. L. No.
695 97-300, s. 164(a)(1).
696 8. The Food Assistance Employment and Training Program,
697 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
698 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
699 and the Hunger Prevention Act, Pub. L. No. 100-435; and the
700 Agriculture Improvement Act of 2018, Pub. L. No. 115-334.
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701 9. The Quick-Response Training Program, provided under ss.
702 288.046-288.047. Matching funds and in-kind contributions that
703 are provided by clients of the Quick-Response Training Program
704 shall count toward the requirements of s. 288.904, pertaining to
705 the return on investment from activities of Enterprise Florida,
706 Inc.
707 10. The Work Opportunity Tax Credit, provided under the
708 Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
709 and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
710 11. Offender placement services, provided under ss.
711 944.707-944.708.
712
713 The department may adopt rules necessary to administer this
714 chapter which relate to implementing and administering the
715 programs listed in this paragraph as well as rules related to
716 eligible training providers and auditing and monitoring
717 subrecipients of the workforce system grant funds.
718 (c) The department may adopt rules necessary to administer
719 this chapter which relate to implementing and administering the
720 programs listed in paragraph (b) as well as rules related to
721 eligible training providers and auditing and monitoring
722 subrecipients of the workforce system grant funds.
723 (c)(d) Contracting with public and private entities as
724 necessary to further the directives of this section. All
725 contracts executed by the state board or CareerSource Florida,
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726 Inc., must include specific performance expectations and
727 deliverables. All CareerSource Florida, Inc., contracts,
728 including those solicited, managed, or paid by the department
729 under pursuant to s. 20.60(5)(c), are exempt from s. 112.061,
730 but shall be governed by subsection (1).
731 (d)(e) Notifying the Governor and the department of
732 statewide or local workforce development and training needs that
733 may require policy changes or an update to the state plan
734 required under s. 445.003, and notifying the Governor, the
735 President of the Senate, and the Speaker of the House of
736 Representatives of noncompliance by the department or other
737 agencies or obstruction of the state board's efforts by such
738 agencies. Upon such notification, the Executive Office of the
739 Governor shall assist agencies to bring them into compliance
740 with state board objectives.
741 (e)(f) Ensuring that the state does not waste valuable
742 training resources. The state board's policy is board shall
743 direct that all resources, including equipment purchased for
744 training Workforce Innovation and Opportunity Act clients, be
745 available for use at all times by eligible populations as first
746 priority users. At times when eligible populations are not
747 available, such resources shall be used for any other state-
748 authorized education and training purpose. The state board
749 CareerSource Florida, Inc., may authorize expenditures to award
750 suitable framed certificates, pins, or other tokens of
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751 recognition for performance by a local workforce development
752 board, its committees and subdivisions, and other units of the
753 workforce system. The state board CareerSource Florida, Inc.,
754 may also authorize expenditures for promotional items, such as
755 t-shirts, hats, or pens printed with messages promoting the
756 state's workforce system to employers, job seekers, and program
757 participants. However, such expenditures are subject to federal
758 regulations applicable to the expenditure of federal funds.
759 (f)(g) Establishing a dispute resolution process for all
760 memoranda of understanding or other contracts or agreements
761 entered into between the department and local workforce
762 development boards.
763 (g)(h) Archiving records with the Bureau of Archives and
764 Records Management of the Division of Library and Information
765 Services of the Department of State.
766 (6) The state board CareerSource Florida, Inc., may take
767 action that it deems necessary to achieve the purposes of this
768 section, including, but not limited to:
769 (a) Creating a state employment, education, and training
770 policy that ensures that programs to prepare workers are
771 responsive to present and future business and industry needs and
772 complement the initiatives of Enterprise Florida, Inc.
773 (b) Establishing policy direction for a funding system
774 that provides incentives to improve the outcomes of career
775 education, registered apprenticeship, and work-based learning
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776 programs and that focuses resources on occupations related to
777 new or emerging industries that add greatly to the value of the
778 state's economy.
779 (c) Establishing a comprehensive policy related to the
780 education and training of target populations such as those who
781 have disabilities, are economically disadvantaged, receive
782 public assistance, are not proficient in English, or are
783 dislocated workers. This approach should ensure the effective
784 use of federal, state, local, and private resources in reducing
785 the need for public assistance.
786 (d) Designating Institutes of Applied Technology composed
787 of public and private postsecondary institutions working
788 together with business and industry to ensure that career
789 education programs use the most advanced technology and
790 instructional methods available and respond to the changing
791 needs of business and industry.
792 (e) Providing policy direction for a system to project and
793 evaluate labor market supply and demand using the results of the
794 Workforce Estimating Conference created in s. 216.136 and the
795 career education performance standards identified under s.
796 1008.43.
797 (f) Reviewing the performance of public programs that are
798 responsible for economic development, education, employment, and
799 training. The review must include an analysis of the return on
800 investment of these programs.
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801 (g) Expanding the occupations identified by the Workforce
802 Estimating Conference to meet needs created by local emergencies
803 or plant closings or to capture occupations within emerging
804 industries.
805 (7) By December 1 of each year, the state board
806 CareerSource Florida, Inc., shall submit to the Governor, the
807 President of the Senate, the Speaker of the House of
808 Representatives, the Senate Minority Leader, and the House
809 Minority Leader a complete and detailed annual report setting
810 forth:
811 (a) All audits, including any audit conducted under
812 subsection (8).
813 (b) The operations and accomplishments of the state board,
814 including the programs or entities specified in subsection (6).
815 (8) Pursuant to his or her own authority or at the
816 direction of the Legislative Auditing Committee, the Auditor
817 General may conduct an audit of the state board and CareerSource
818 Florida, Inc., or the programs or entities created by the state
819 board CareerSource Florida, Inc. The Office of Program Policy
820 Analysis and Government Accountability, pursuant to its
821 authority or at the direction of the Legislative Auditing
822 Committee, may review the systems and controls related to
823 performance outcomes and quality of services of the state board
824 and CareerSource Florida, Inc.
825 (9) The state board CareerSource Florida, Inc., in
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826 collaboration with the local workforce development boards and
827 appropriate state agencies and local public and private service
828 providers, shall establish uniform performance accountability
829 measures that apply across the core programs to gauge the
830 performance of the state and local workforce development boards
831 in achieving the workforce development strategy.
832 (a) The performance accountability measures for the core
833 programs consist of the primary indicators of performance, any
834 additional indicators of performance, and a state-adjusted level
835 of performance for each indicator pursuant to Pub. L. No. 113-
836 128, Title I, s. 116(b).
837 (b) The performance accountability measures for each local
838 area consist of the primary indicators of performance, any
839 additional indicators of performance, and a local level of
840 performance for each indicator pursuant to Pub. L. No. 113-128.
841 The local level of performance is determined by the local board,
842 the chief elected official, and the Governor pursuant to Pub. L.
843 No. 113-128, Title I, s. 116(c).
844 (c) Performance accountability measures shall be used to
845 generate performance reports pursuant to Pub. L. No. 113-128,
846 Title I, s. 116(d).
847 (d) The performance accountability measures of success
848 that are adopted by the state board CareerSource Florida, Inc.,
849 or the local workforce development boards must be developed in a
850 manner that provides for an equitable comparison of the relative
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851 success or failure of any service provider in terms of positive
852 outcomes.
853 (10) The workforce development strategy for the state
854 shall be designed by the state board, in consultation with the
855 department, and approved by the Governor CareerSource Florida,
856 Inc. The strategy must include efforts that enlist business,
857 education, and community support for students to achieve long-
858 term career goals, ensuring that young people have the academic
859 and occupational skills required to succeed in the workplace.
860 The strategy must also assist employers in upgrading or updating
861 the skills of their employees and assisting workers to acquire
862 the education or training needed to secure a better job with
863 better wages. The strategy must assist the state's efforts to
864 attract and expand job-creating businesses offering high-paying,
865 high-demand occupations.
866 (11) The workforce development system must encourage use a
867 charter-process approach aimed at encouraging local design and
868 control of service delivery and targeted activities. The state
869 board, in consultation with the department CareerSource Florida,
870 Inc., is shall be responsible for ensuring that granting
871 charters to local workforce development boards that have a
872 membership consistent with the requirements of federal and state
873 law and have developed a plan consistent with the state's
874 workforce development strategy. The plan must specify methods
875 for allocating the resources and programs in a manner that
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876 eliminates unwarranted duplication, minimizes administrative
877 costs, meets the existing job market demands and the job market
878 demands resulting from successful economic development
879 activities, ensures access to quality workforce development
880 services for all Floridians, allows for pro rata or partial
881 distribution of benefits and services, prohibits the creation of
882 a waiting list or other indication of an unserved population,
883 serves as many individuals as possible within available
884 resources, and maximizes successful outcomes. The state board As
885 part of the charter process, CareerSource Florida, Inc., shall
886 establish incentives for effective coordination of federal and
887 state programs, outline rewards for successful job placements,
888 and institute collaborative approaches among local service
889 providers. Local decisionmaking and control shall be important
890 components for inclusion in this charter application.
891 (12) CareerSource Florida, Inc., under the direction of
892 the state board, shall enter into agreement with Space Florida
893 and collaborate with vocational institutes, community colleges,
894 colleges, and universities in this state to develop a workforce
895 development strategy to implement the workforce provisions of s.
896 331.3051.
897 (13) The department may consult with the state board to
898 issue technical assistance letters on the operation of federal
899 programs and the expenditure of federal funds by the state board
900 or any local workforce development board. A technical assistance
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901 letter must be in writing, must be posted on the department's
902 website, and remains in effect until superseded or terminated. A
903 technical assistance letter is not a rule of general
904 applicability under s. 120.54 and is not a declaratory statement
905 issued under s. 120.565 or an order issued under s. 120.569.
906 Section 120.53 does not apply to technical assistance letters.
907 Section 6. Section 445.006, Florida Statutes, is amended
908 to read:
909 445.006 State plan for workforce development.—
910 (1) STATE PLAN.—The state board CareerSource Florida,
911 Inc., in conjunction with state and local partners in the
912 workforce system, shall develop a state plan that produces an
913 educated and skilled workforce. The state plan must consist of
914 strategic and operational planning elements. The state plan
915 shall be submitted by the Governor to the United States
916 Department of Labor pursuant to the requirements of Pub. L. No.
917 113-128.
918 (2) STRATEGIC PLANNING ELEMENTS.—The state board
919 CareerSource Florida, Inc., in conjunction with state and local
920 partners in the workforce system, shall develop strategic
921 planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
922 102, for the state plan.
923 (a) The strategic planning elements of the state plan must
924 include, but need not be limited to, strategies for:
925 1. Fulfilling the workforce system goals and strategies
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926 prescribed in s. 445.004;
927 2. Aggregating, integrating, and leveraging workforce
928 system resources;
929 3. Coordinating the activities of federal, state, and
930 local workforce system partners;
931 4. Addressing the workforce needs of small businesses; and
932 5. Fostering the participation of rural communities and
933 distressed urban cores in the workforce system.
934 (b) The strategic planning elements must include criteria
935 for allocating workforce resources to local workforce
936 development boards. With respect to allocating funds to serve
937 customers of the welfare transition program, such criteria may
938 include weighting factors that indicate the relative degree of
939 difficulty associated with securing and retaining employment
940 placements for specific subsets of the welfare transition
941 caseload.
942 (3) OPERATIONAL PLANNING ELEMENTS.—The state board
943 CareerSource Florida, Inc., in conjunction with state and local
944 partners in the workforce system, shall develop operational
945 planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
946 102, for the state plan.
947 Section 7. Subsection (1), paragraph (b) of subsection
948 (2), and subsections (3) through (7) and (9) through (13) of
949 section 445.007, Florida Statutes, are amended, and paragraph
950 (c) is added to subsection (2) of that section, to read:
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951 445.007 Local workforce development boards.—
952 (1) One local workforce development board shall be
953 appointed in each designated service delivery area and shall
954 serve as the local workforce development board pursuant to Pub.
955 L. No. 113-128. The membership of the local board must be
956 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
957 public education or training provider is represented on the
958 local board, a representative of a private education provider
959 must also be appointed to the local board. The state board
960 CareerSource Florida, Inc., may waive this requirement if
961 requested by a local workforce development board if it is
962 demonstrated that such representatives do not exist in the
963 region. The importance of minority and gender representation
964 shall be considered when making appointments to the local board.
965 The local board, its committees, subcommittees, and
966 subdivisions, and other units of the workforce system, including
967 units that may consist in whole or in part of local governmental
968 units, may use any method of telecommunications to conduct
969 meetings, including establishing a quorum through
970 telecommunications, provided that the public is given proper
971 notice of the telecommunications meeting and reasonable access
972 to observe and, when appropriate, participate. Local workforce
973 development boards are subject to chapters 119 and 286 and s.
974 24, Art. I of the State Constitution. If the local workforce
975 development board enters into a contract with an organization or
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976 individual represented on the local board of directors, the
977 contract must be approved by a two-thirds vote of the local
978 board, a quorum having been established, and the local board
979 member who could benefit financially from the transaction must
980 abstain from voting on the contract. A local board member must
981 disclose any such conflict in a manner that is consistent with
982 the procedures outlined in s. 112.3143. Each member of a local
983 workforce development board who is not otherwise required to
984 file a full and public disclosure of financial interests under
985 pursuant to s. 8, Art. II of the State Constitution or s.
986 112.3144 shall file a statement of financial interests under
987 pursuant to s. 112.3145. The executive director or designated
988 person responsible for the operational and administrative
989 functions of the local workforce development board who is not
990 otherwise required to file a full and public disclosure of
991 financial interests under pursuant to s. 8, Art. II of the State
992 Constitution or s. 112.3144 shall file a statement of financial
993 interests under pursuant to s. 112.3145.
994 (2)
995 (b) The Governor may remove a member of the local board,
996 the executive director of the local board, or the designated
997 person responsible for the operational and administrative
998 functions of the local board for cause. As used in this
999 paragraph, the term "cause" includes, but is not limited to,
1000 engaging in fraud or other criminal acts, incapacity, unfitness,
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1001 neglect of duty, official incompetence and irresponsibility,
1002 misfeasance, malfeasance, nonfeasance, or lack of performance.
1003 (c) The chief elected official for the local workforce
1004 development board may remove a member of the local board, the
1005 executive director of the local board, or the designated person
1006 responsible for the operational and administrative functions of
1007 the local board for cause.
1008 (3) The department of Economic Opportunity, under the
1009 direction of CareerSource Florida, Inc., shall assign staff to
1010 meet with each local workforce development board annually to
1011 review the local board's performance and to certify that the
1012 local board is in compliance with applicable state and federal
1013 law.
1014 (4) In addition to the duties and functions specified by
1015 the state board CareerSource Florida, Inc., and by the
1016 interlocal agreement approved by the local county or city
1017 governing bodies, the local workforce development board shall
1018 have the following responsibilities:
1019 (a) Develop, submit, ratify, or amend the local plan
1020 pursuant to Pub. L. No. 113-128, Title I, s. 108 and this act.
1021 (b) Conclude agreements necessary to designate the fiscal
1022 agent and administrative entity. A public or private entity,
1023 including an entity established under pursuant to s. 163.01,
1024 which makes a majority of the appointments to a local workforce
1025 development board may serve as the local board's administrative
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1026 entity if approved by the department CareerSource Florida, Inc.,
1027 based upon a showing that a fair and competitive process was
1028 used to select the administrative entity.
1029 (c) Complete assurances required for the charter process
1030 of CareerSource Florida, Inc., and Provide ongoing oversight
1031 related to administrative costs, duplicated services, career
1032 counseling, economic development, equal access, compliance and
1033 accountability, and performance outcomes.
1034 (d) Oversee the one-stop delivery system in its local
1035 area.
1036 (5) The department, in conjunction with the state board
1037 CareerSource Florida, Inc., shall implement a training program
1038 for the local workforce development boards to familiarize local
1039 board members with the state's workforce development goals and
1040 strategies.
1041 (6) The local workforce development board shall designate
1042 all local service providers and may not transfer this authority
1043 to a third party. Consistent with the intent of the Workforce
1044 Innovation and Opportunity Act, local workforce development
1045 boards should provide the greatest possible choice of training
1046 providers to those who qualify for training services. A local
1047 workforce development board may not restrict the choice of
1048 training providers based upon cost, location, or historical
1049 training arrangements. However, a local board may restrict the
1050 amount of training resources available to any one client. Such
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1051 restrictions may vary based upon the cost of training in the
1052 client's chosen occupational area. The local workforce
1053 development board may be designated as a one-stop operator and
1054 direct provider of intake, assessment, eligibility
1055 determinations, or other direct provider services except
1056 training services. Such designation may occur only with the
1057 agreement of the chief elected official and the Governor as
1058 specified in 29 U.S.C. s. 2832(f)(2). The state board
1059 CareerSource Florida, Inc., shall establish procedures by which
1060 a local workforce development board may request permission to
1061 operate under this section and the criteria under which such
1062 permission may be granted. The criteria shall include, but need
1063 not be limited to, a reduction in the cost of providing the
1064 permitted services. Such permission shall be granted for a
1065 period not to exceed 3 years for any single request submitted by
1066 the local workforce development board.
1067 (7) Local workforce development boards shall adopt a
1068 committee structure consistent with applicable federal law and
1069 state policies established by the state board CareerSource
1070 Florida, Inc.
1071 (9) For purposes of procurement, local workforce
1072 development boards and their administrative entities are not
1073 state agencies and are exempt from chapters 120 and 287. The
1074 local workforce development boards shall apply the procurement
1075 and expenditure procedures required by federal law and policies
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1076 of the department of Economic Opportunity and the state board
1077 CareerSource Florida, Inc., for the expenditure of federal,
1078 state, and nonpass-through funds. The making or approval of
1079 smaller, multiple payments for a single purchase with the intent
1080 to avoid or evade the monetary thresholds and procedures
1081 established by federal law and policies of the department of
1082 Economic Opportunity and the state board CareerSource Florida,
1083 Inc., is grounds for removal for cause. Local workforce
1084 development boards, their administrative entities, committees,
1085 and subcommittees, and other workforce units may authorize
1086 expenditures to award suitable framed certificates, pins, or
1087 other tokens of recognition for performance by units of the
1088 workforce system. Local workforce development boards; their
1089 administrative entities, committees, and subcommittees; and
1090 other workforce units may authorize expenditures for promotional
1091 items, such as t-shirts, hats, or pens printed with messages
1092 promoting Florida's workforce system to employers, job seekers,
1093 and program participants. However, such expenditures are subject
1094 to federal regulations applicable to the expenditure of federal
1095 funds. All contracts executed by local workforce development
1096 boards must include specific performance expectations and
1097 deliverables.
1098 (10) State and federal funds provided to the local
1099 workforce development boards may not be used directly or
1100 indirectly to pay for meals, food, or beverages for board
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1101 members, staff, or employees of local workforce development
1102 boards, the state board CareerSource Florida, Inc., or the
1103 department of Economic Opportunity except as expressly
1104 authorized by state law. Preapproved, reasonable, and necessary
1105 per diem allowances and travel expenses may be reimbursed. Such
1106 reimbursement shall be at the standard travel reimbursement
1107 rates established in s. 112.061 and shall be in compliance with
1108 all applicable federal and state requirements. The department
1109 shall provide fiscal and programmatic guidance CareerSource
1110 Florida, Inc., shall develop a statewide fiscal policy
1111 applicable to the state board, CareerSource Florida, Inc., and
1112 all local workforce development boards, to hold both the state
1113 and local workforce development boards strictly accountable for
1114 adherence to the policy and subject to regular and periodic
1115 monitoring by the department of Economic Opportunity, the
1116 administrative entity for CareerSource Florida, Inc. Local
1117 boards are prohibited from expending state or federal funds for
1118 entertainment costs and recreational activities for local board
1119 members and employees as these terms are defined by 2 C.F.R.
1120 part 200 230.
1121 (11) To increase transparency and accountability, a local
1122 workforce development board must comply with the requirements of
1123 this section before contracting with a member of the local board
1124 or a relative, as defined in s. 112.3143(1)(c), of a local board
1125 member or of an employee of the local board. Such contracts may
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1126 not be executed before or without the prior approval of the
1127 department CareerSource Florida, Inc. Such contracts, as well as
1128 documentation demonstrating adherence to this section as
1129 specified by the department CareerSource Florida, Inc., must be
1130 submitted to the department of Economic Opportunity for review
1131 and approval recommendation according to criteria to be
1132 determined by CareerSource Florida, Inc. Such a contract must be
1133 approved by a two-thirds vote of the local board, a quorum
1134 having been established; all conflicts of interest must be
1135 disclosed before the vote; and any member who may benefit from
1136 the contract, or whose relative may benefit from the contract,
1137 must abstain from the vote. A contract under $25,000 between a
1138 local workforce development board and a member of that board or
1139 between a relative, as defined in s. 112.3143(1)(c), of a local
1140 board member or of an employee of the local board is not
1141 required to have the prior approval of the department
1142 CareerSource Florida, Inc., but must be approved by a two-thirds
1143 vote of the local board, a quorum having been established, and
1144 must be reported to the department of Economic Opportunity and
1145 the state board CareerSource Florida, Inc., within 30 days after
1146 approval. If a contract cannot be approved by the department
1147 CareerSource Florida, Inc., a review of the decision to
1148 disapprove the contract may be requested by the local workforce
1149 development board or other parties to the disapproved contract.
1150 (12) Each local workforce development board shall develop
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1151 a budget for the purpose of carrying out the duties of the local
1152 board under this section, subject to the approval of the chief
1153 elected official. Each local workforce development board shall
1154 submit its annual budget for review to the department
1155 CareerSource Florida, Inc., no later than 2 weeks after the
1156 chair approves the budget.
1157 (13) By March 1, 2018, CareerSource Florida, Inc., shall
1158 establish regional planning areas in accordance with Pub. L. No.
1159 113-128, Title I, s. 106(a)(2). Local workforce development
1160 boards and chief elected officials within identified regional
1161 planning areas shall prepare a regional workforce development
1162 plan as required under Pub. L. No. 113-128, Title I, s.
1163 106(c)(2).
1164 Section 8. Subsections (1) and (4) of section 445.0071,
1165 Florida Statutes, are amended to read:
1166 445.0071 Florida Youth Summer Jobs Pilot Program.—
1167 (1) CREATION.—Contingent upon appropriations, there is
1168 created the Florida Youth Summer Jobs Pilot Program within
1169 workforce development district 22 served by the Broward
1170 Workforce Development Board. The board shall, in consultation
1171 with the state board CareerSource Florida, Inc., provide a
1172 program offering at-risk and disadvantaged children summer jobs
1173 in partnership with local communities and public employers.
1174 (4) GOVERNANCE.—
1175 (a) The pilot program shall be administered by the local
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1176 workforce development board in consultation with the state board
1177 CareerSource Florida, Inc.
1178 (b) The local workforce development board shall report to
1179 the state board and the department CareerSource Florida, Inc.,
1180 the number of at-risk and disadvantaged children who enter the
1181 program, the types of work activities they participate in, and
1182 the number of children who return to school, go on to
1183 postsecondary school, or enter the workforce full time at the
1184 end of the program. The state board CareerSource Florida, Inc.,
1185 shall report to the Legislature by November 1 of each year on
1186 the performance of the program.
1187 Section 9. Subsections (1) and (2) of section 445.008,
1188 Florida Statutes, are amended to read:
1189 445.008 Workforce Training Institute.—
1190 (1) The state board, through CareerSource Florida, Inc.,
1191 may create the Workforce Training Institute, which shall be a
1192 comprehensive program of workforce training courses designed to
1193 meet the unique needs of, and shall include Internet-based
1194 training modules suitable for and made available to,
1195 professionals integral to the workforce system, including
1196 advisors and counselors in educational institutions.
1197 (2) The state board, through CareerSource Florida, Inc.,
1198 may enter into a contract for the provision of administrative
1199 support services for the institute and shall adopt policies for
1200 the administration and operation of the institute and establish
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1201 admission fees in an amount which, in the aggregate, does not
1202 exceed the cost of the program. CareerSource Florida, Inc., may
1203 accept donations or grants of any type for any function or
1204 purpose of the institute. All donations and grants received by
1205 CareerSource Florida, Inc., must be reported to the state board
1206 and the department.
1207 Section 10. Subsections (2), (3), and (4), paragraph (b)
1208 of subsection (6), subsection (7), paragraphs (a), (c), and (d)
1209 of subsection (8), and subsection (9) of section 445.009,
1210 Florida Statutes, are amended to read:
1211 445.009 One-stop delivery system.—
1212 (2)(a) Subject to a process designed by the state board
1213 CareerSource Florida, Inc., and in compliance with Pub. L. No.
1214 113-128, local workforce development boards shall designate one-
1215 stop delivery system operators.
1216 (b) A local workforce development board may designate as
1217 its one-stop delivery system operator any public or private
1218 entity that is eligible to provide services under any state or
1219 federal workforce program that is a mandatory or discretionary
1220 partner in the local workforce development area's one-stop
1221 delivery system if approved by the department CareerSource
1222 Florida, Inc., upon a showing by the local workforce development
1223 board that a fair and competitive process was used in the
1224 selection. As a condition of authorizing a local workforce
1225 development board to designate such an entity as its one-stop
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1226 delivery system operator, the department CareerSource Florida,
1227 Inc., must require the local workforce development board to
1228 demonstrate that safeguards are in place to ensure that the one-
1229 stop delivery system operator will not exercise an unfair
1230 competitive advantage or unfairly refer or direct customers of
1231 the one-stop delivery system to services provided by that one-
1232 stop delivery system operator. A local workforce development
1233 board may retain its current one-stop career center operator
1234 without further procurement action if the local board has an
1235 established one-stop career center that has complied with
1236 federal and state law.
1237 (c) The local workforce development board must enter into
1238 a memorandum of understanding with each mandatory or optional
1239 partner participating in the one-stop delivery system which
1240 details the partner's required contribution to infrastructure
1241 costs, as required by Pub. L. No. 113-128, s. 121(h). If the
1242 local workforce development board and the one-stop partner are
1243 unable to come to an agreement regarding infrastructure costs by
1244 July 1, 2017, the costs shall be allocated pursuant to a policy
1245 established by the Governor.
1246 (3) Local workforce development boards shall enter into a
1247 memorandum of understanding with the department of Economic
1248 Opportunity for the delivery of employment services authorized
1249 by the federal Wagner-Peyser Act. This memorandum of
1250 understanding must be performance based.
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1251 (a) Unless otherwise required by federal law, at least 90
1252 percent of the Wagner-Peyser funding must go into direct
1253 customer service costs.
1254 (b) Employment services must be provided through the one-
1255 stop delivery system, under the guidance of one-stop delivery
1256 system operators. One-stop delivery system operators shall have
1257 overall authority for directing the staff of the workforce
1258 system. Personnel matters shall remain under the ultimate
1259 authority of the department. However, the one-stop delivery
1260 system operator shall submit to the department information
1261 concerning the job performance of employees of the department
1262 who deliver employment services. The department shall consider
1263 any such information submitted by the one-stop delivery system
1264 operator in conducting performance appraisals of the employees.
1265 (c) The department shall retain fiscal responsibility and
1266 accountability for the administration of funds allocated to the
1267 state under the Wagner-Peyser Act. An employee of the department
1268 who is providing services authorized under the Wagner-Peyser Act
1269 shall be paid using Wagner-Peyser Act funds.
1270 (4) One-stop delivery system partners shall enter into a
1271 memorandum of understanding pursuant to Pub. L. No. 113-128,
1272 Title I, s. 121, with the local workforce development board.
1273 Failure of a local partner to participate cannot unilaterally
1274 block the majority of partners from moving forward with their
1275 one-stop delivery system, and the state board, in conjunction
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1276 with the department, may notify the Governor CareerSource
1277 Florida, Inc., pursuant to s. 445.004(5)(e), may make
1278 notification of a local partner that fails to participate.
1279 (6)
1280 (b) To expand electronic capabilities, the state board and
1281 the department CareerSource Florida, Inc., working with local
1282 workforce development boards, shall develop a centralized help
1283 center to assist local workforce development boards in
1284 fulfilling core services, minimizing the need for fixed-site
1285 one-stop delivery system centers.
1286 (7) Intensive services and training provided pursuant to
1287 Pub. L. No. 113-128 shall be provided to individuals through
1288 Intensive Service Accounts and Individual Training Accounts. The
1289 state board CareerSource Florida, Inc., shall develop an
1290 implementation plan, including identification of initially
1291 eligible training providers, transition guidelines, and criteria
1292 for use of these accounts. Individual Training Accounts must be
1293 compatible with Individual Development Accounts for education
1294 allowed in federal and state welfare reform statutes.
1295 (8)(a) Individual Training Accounts must be expended on
1296 programs that prepare people to enter high-wage occupations
1297 identified by the Workforce Estimating Conference created by s.
1298 216.136, and on other programs recommended by the state board
1299 and approved by the department as approved by CareerSource
1300 Florida, Inc.
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1301 (c) The department CareerSource Florida, Inc., shall
1302 periodically review Individual Training Account pricing
1303 schedules developed by local workforce development boards and
1304 present findings and recommendations for process improvement to
1305 the President of the Senate and the Speaker of the House of
1306 Representatives.
1307 (d) To the maximum extent possible, training providers
1308 shall use funding sources other than the funding provided under
1309 Pub. L. No. 113-128. The state board CareerSource Florida, Inc.,
1310 shall develop a system to encourage the leveraging of
1311 appropriated resources for the workforce system and shall report
1312 on such efforts as part of the required annual report.
1313 (9)(a) The state board CareerSource Florida, Inc., working
1314 with the department, shall coordinate among the agencies a plan
1315 for a One-Stop Electronic Network made up of one-stop delivery
1316 system centers and other partner agencies that are operated by
1317 authorized public or private for-profit or not-for-profit
1318 agents. The plan shall identify resources within existing
1319 revenues to establish and support this electronic network for
1320 service delivery that includes Government Services Direct. If
1321 necessary, the plan shall identify additional funding needed to
1322 achieve the provisions of this subsection.
1323 (b) The network shall assure that a uniform method is used
1324 to determine eligibility for and management of services provided
1325 by agencies that conduct workforce development activities. The
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1326 Department of Management Services shall develop strategies to
1327 allow access to the databases and information management systems
1328 of the following systems in order to link information in those
1329 databases with the one-stop delivery system:
1330 1. The Reemployment Assistance Program under chapter 443.
1331 2. The public employment service described in s. 443.181.
1332 3. The public assistance information system used by the
1333 Department of Children and Families and the components related
1334 to temporary cash assistance, food assistance, and Medicaid
1335 eligibility.
1336 4. The Student Financial Assistance System of the
1337 Department of Education.
1338 5. Enrollment in the public postsecondary education
1339 system.
1340 6. Other information systems determined appropriate by the
1341 state board, in consultation with the department CareerSource
1342 Florida, Inc.
1343 Section 11. Section 445.011, Florida Statutes, is amended
1344 to read:
1345 445.011 Workforce information systems.—
1346 (1) The department, in consultation with the state board
1347 CareerSource Florida, Inc., shall implement, subject to
1348 legislative appropriation, automated information systems that
1349 are necessary for the efficient and effective operation and
1350 management of the workforce development system. These
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1351 information systems shall include, but need not be limited to,
1352 the following:
1353 (a) An integrated management system for the one-stop
1354 service delivery system, which includes, at a minimum, common
1355 registration and intake, screening for needs and benefits, case
1356 planning and tracking, training benefits management, service and
1357 training provider management, performance reporting, executive
1358 information and reporting, and customer-satisfaction tracking
1359 and reporting.
1360 1. The system should report current budgeting,
1361 expenditure, and performance information for assessing
1362 performance related to outcomes, service delivery, and financial
1363 administration for workforce programs pursuant to s. 445.004(5)
1364 and (9).
1365 2. The information system should include auditable systems
1366 and controls to ensure financial integrity and valid and
1367 reliable performance information.
1368 3. The system should support service integration and case
1369 management by providing for case tracking for participants in
1370 welfare transition programs.
1371 (b) An automated job-matching information system that is
1372 accessible to employers, job seekers, and other users via the
1373 Internet, and that includes, at a minimum:
1374 1. Skill match information, including skill gap analysis;
1375 resume creation; job order creation; skill tests; job search by
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1376 area, employer type, and employer name; and training provider
1377 linkage;
1378 2. Job market information based on surveys, including
1379 local, state, regional, national, and international occupational
1380 and job availability information; and
1381 3. Service provider information, including education and
1382 training providers, child care facilities and related
1383 information, health and social service agencies, and other
1384 providers of services that would be useful to job seekers.
1385 (2) The department In procuring workforce information
1386 systems, CareerSource Florida, Inc., shall employ competitive
1387 processes, including requests for proposals, competitive
1388 negotiation, and other competitive processes to ensure that the
1389 procurement results in the most cost-effective investment of
1390 state funds.
1391 (3) CareerSource Florida, Inc., may procure independent
1392 verification and validation services associated with developing
1393 and implementing any workforce information system.
1394 (3)(4) The department CareerSource Florida, Inc., shall
1395 coordinate development and implementation of workforce
1396 information systems with the state chief information officer to
1397 ensure compatibility with the state's information system
1398 strategy and enterprise architecture.
1399 Section 12. Subsections (1) and (3) of section 445.014,
1400 Florida Statutes, are amended to read:
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1401 445.014 Small business workforce service initiative.—
1402 (1) Subject to legislative appropriation, the state board
1403 CareerSource Florida, Inc., shall establish a program to
1404 encourage local workforce development boards to establish one-
1405 stop delivery systems that maximize the provision of workforce
1406 and human-resource support services to small businesses. Under
1407 the program, a local workforce development board may apply, on a
1408 competitive basis, for funds to support the provision of such
1409 services to small businesses through the local workforce
1410 development area's one-stop delivery system.
1411 (3) The state board CareerSource Florida, Inc., shall
1412 establish guidelines governing the administration of this
1413 program and shall establish criteria to be used in evaluating
1414 applications for funding. Such criteria must include, but need
1415 not be limited to, a showing that the local workforce
1416 development board has in place a detailed plan for establishing
1417 a one-stop delivery system designed to meet the workforce needs
1418 of small businesses and for leveraging other funding sources in
1419 support of such activities.
1420 Section 13. Paragraphs (b), (c), and (d) of subsection (2)
1421 and subsection (4) of section 445.021, Florida Statutes, are
1422 amended to read:
1423 445.021 Relocation assistance program.—
1424 (2) The relocation assistance program shall involve five
1425 steps by the local workforce development board, in cooperation
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1426 with the Department of Children and Families:
1427 (b) A determination that there is a basis for believing
1428 that relocation will contribute to the ability of the applicant
1429 to achieve self-sufficiency. For example, the applicant:
1430 1. Is unlikely to achieve economic self-sufficiency at the
1431 current community of residence;
1432 2. Has secured a job that provides an increased salary or
1433 improved benefits and that requires relocation to another
1434 community;
1435 3. Has a family support network that will contribute to
1436 job retention in another community;
1437 4. Is determined, pursuant to criteria or procedures
1438 established by the state board of directors of CareerSource
1439 Florida, Inc., to be a victim of domestic violence who would
1440 experience reduced probability of further incidents through
1441 relocation; or
1442 5. Must relocate in order to receive education or training
1443 that is directly related to the applicant's employment or career
1444 advancement.
1445 (c) Establishment of a relocation plan that includes such
1446 requirements as are necessary to prevent abuse of the benefit
1447 and provisions to protect the safety of victims of domestic
1448 violence and avoid provisions that place them in anticipated
1449 danger. The payment to defray relocation expenses shall be
1450 determined based on criteria approved by the state board of
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1451 directors of CareerSource Florida, Inc. Participants in the
1452 relocation program shall be eligible for diversion or
1453 transitional benefits.
1454 (d) A determination, pursuant to criteria adopted by the
1455 state board of directors of CareerSource Florida, Inc., that a
1456 community receiving a relocated family has the capacity to
1457 provide needed services and employment opportunities.
1458 (4) The state board of directors of CareerSource Florida,
1459 Inc., may establish criteria for developing and implementing
1460 relocation plans and for drafting agreements to restrict a
1461 family from applying for temporary cash assistance for a
1462 specified period after receiving a relocation assistance
1463 payment.
1464 Section 14. Section 445.022, Florida Statutes, is amended
1465 to read:
1466 445.022 Retention Incentive Training Accounts.—To promote
1467 job retention and to enable upward job advancement into higher
1468 skilled, higher paying employment, the state board of directors
1469 of CareerSource Florida, Inc., and the local workforce
1470 development boards may assemble a list of programs and courses
1471 offered by postsecondary educational institutions which may be
1472 available to participants who have become employed to promote
1473 job retention and advancement.
1474 (1) The state board of directors of CareerSource Florida,
1475 Inc., may establish Retention Incentive Training Accounts
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1476 (RITAs) to use Temporary Assistance to Needy Families (TANF)
1477 block grant funds specifically appropriated for this purpose.
1478 RITAs must complement the Individual Training Account required
1479 by the federal Workforce Innovation and Opportunity Act, Pub. L.
1480 No. 113-128.
1481 (2) RITAs may pay for tuition, fees, educational
1482 materials, coaching and mentoring, performance incentives,
1483 transportation to and from courses, child care costs during
1484 education courses, and other such costs as the local workforce
1485 development boards determine are necessary to effect successful
1486 job retention and advancement.
1487 (3) Local workforce development boards shall retain only
1488 those courses that continue to meet their performance standards
1489 as established in their local plan.
1490 (4) Local workforce development boards shall report
1491 annually to the Legislature on the measurable retention and
1492 advancement success of each program provider and the
1493 effectiveness of RITAs, making recommendations for any needed
1494 changes or modifications.
1495 Section 15. Paragraph (e) of subsection (5) of section
1496 445.024, Florida Statutes, is amended to read:
1497 445.024 Work requirements.—
1498 (5) USE OF CONTRACTS.—Local workforce development boards
1499 shall provide work activities, training, and other services, as
1500 appropriate, through contracts. In contracting for work
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1501 activities, training, or services, the following applies:
1502 (e) The administrative costs associated with a contract
1503 for services provided under this section may not exceed the
1504 applicable administrative cost ceiling established in federal
1505 law. An agency or entity that is awarded a contract under this
1506 section may not charge more than 7 percent of the value of the
1507 contract for administration unless an exception is approved by
1508 the local workforce development board. A list of any exceptions
1509 approved must be submitted to the state board of directors of
1510 CareerSource Florida, Inc., for review, and the state board may
1511 rescind approval of the exception.
1512 Section 16. Subsection (6) of section 445.026, Florida
1513 Statutes, is amended to read:
1514 445.026 Cash assistance severance benefit.—An individual
1515 who meets the criteria listed in this section may choose to
1516 receive a lump-sum payment in lieu of ongoing cash assistance
1517 payments, provided the individual:
1518 (6) Signs an agreement not to apply for or accept cash
1519 assistance for 6 months after receipt of the one-time payment.
1520 In the event of an emergency, such agreement shall provide for
1521 an exception to this restriction, provided that the one-time
1522 payment shall be deducted from any cash assistance for which the
1523 family subsequently is approved. This deduction may be prorated
1524 over an 8-month period. The state board of directors of
1525 CareerSource Florida, Inc., shall adopt criteria defining the
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1526 conditions under which a family may receive cash assistance due
1527 to such emergency.
1528
1529 Such individual may choose to accept a one-time, lump-sum
1530 payment of $1,000 in lieu of receiving ongoing cash assistance.
1531 Such payment shall only count toward the time limitation for the
1532 month in which the payment is made in lieu of cash assistance. A
1533 participant choosing to accept such payment shall be terminated
1534 from cash assistance. However, eligibility for Medicaid, food
1535 assistance, or child care shall continue, subject to the
1536 eligibility requirements of those programs.
1537 Section 17. Section 445.028, Florida Statutes, is amended
1538 to read:
1539 445.028 Transitional benefits and services.—In cooperation
1540 with the department CareerSource Florida, Inc., the Department
1541 of Children and Families shall develop procedures to ensure that
1542 families leaving the temporary cash assistance program receive
1543 transitional benefits and services that will assist the family
1544 in moving toward self-sufficiency. At a minimum, such procedures
1545 must include, but are not limited to, the following:
1546 (1) Each recipient of cash assistance who is determined
1547 ineligible for cash assistance for a reason other than a work
1548 activity sanction shall be contacted by the workforce system
1549 case manager and provided information about the availability of
1550 transitional benefits and services. Such contact shall be
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1551 attempted prior to closure of the case management file.
1552 (2) Each recipient of temporary cash assistance who is
1553 determined ineligible for cash assistance due to noncompliance
1554 with the work activity requirements shall be contacted and
1555 provided information in accordance with s. 414.065(1).
1556 (3) The department, in consultation with the state board
1557 of directors of CareerSource Florida, Inc., shall develop
1558 informational material, including posters and brochures, to
1559 better inform families about the availability of transitional
1560 benefits and services.
1561 (4) The department CareerSource Florida, Inc., in
1562 cooperation with the Department of Children and Families, shall,
1563 to the extent permitted by federal law, develop procedures to
1564 maximize the utilization of transitional Medicaid by families
1565 who leave the temporary cash assistance program.
1566 Section 18. Section 445.030, Florida Statutes, is amended
1567 to read:
1568 445.030 Transitional education and training.—In order to
1569 assist former recipients of temporary cash assistance who are
1570 working or actively seeking employment in continuing their
1571 training and upgrading their skills, education, or training,
1572 support services may be provided for up to 2 years after the
1573 family is no longer receiving temporary cash assistance. This
1574 section does not constitute an entitlement to transitional
1575 education and training. If funds are not sufficient to provide
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1576 services under this section, the state board of directors of
1577 CareerSource Florida, Inc., may limit or otherwise prioritize
1578 transitional education and training.
1579 (1) Education or training resources available in the
1580 community at no additional cost shall be used whenever possible.
1581 (2) Local workforce development boards may authorize child
1582 care or other support services in addition to services provided
1583 in conjunction with employment. For example, a participant who
1584 is employed full time may receive child care services related to
1585 that employment and may also receive additional child care
1586 services in conjunction with training to upgrade the
1587 participant's skills.
1588 (3) Transitional education or training must be job-
1589 related, but may include training to improve job skills in a
1590 participant's existing area of employment or may include
1591 training to prepare a participant for employment in another
1592 occupation.
1593 (4) A local workforce development board may enter into an
1594 agreement with an employer to share the costs relating to
1595 upgrading the skills of participants hired by the employer. For
1596 example, a local workforce development board may agree to
1597 provide support services such as transportation or a wage
1598 subsidy in conjunction with training opportunities provided by
1599 the employer.
1600 Section 19. Section 445.033, Florida Statutes, is amended
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1601 to read:
1602 445.033 Evaluation.—The state board of directors of
1603 CareerSource Florida, Inc., and the Department of Children and
1604 Families shall arrange for evaluation of TANF-funded programs
1605 operated under this chapter, as follows:
1606 (1) If required by federal waivers or other federal
1607 requirements, the state board of directors of CareerSource
1608 Florida, Inc., and the department may provide for evaluation
1609 according to these requirements.
1610 (2) The state board of directors of CareerSource Florida,
1611 Inc., and the department shall participate in the evaluation of
1612 this program in conjunction with evaluation of the state's
1613 workforce development programs or similar activities aimed at
1614 evaluating program outcomes, cost-effectiveness, or return on
1615 investment, and the impact of time limits, sanctions, and other
1616 welfare reform measures set out in this chapter. Evaluation
1617 shall also contain information on the number of participants in
1618 work experience assignments who obtain unsubsidized employment,
1619 including, but not limited to, the length of time the
1620 unsubsidized job is retained, wages, and the public benefits, if
1621 any, received by such families while in unsubsidized employment.
1622 The evaluation must solicit the input of consumers, community-
1623 based organizations, service providers, employers, and the
1624 general public, and must publicize, especially in low-income
1625 communities, the process for submitting comments.
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1626 (3) The state board of directors of CareerSource Florida,
1627 Inc., and the department may share information with and develop
1628 protocols for information exchange with the Florida Education
1629 and Training Placement Information Program.
1630 (4) The state board of directors of CareerSource Florida,
1631 Inc., and the department may initiate or participate in
1632 additional evaluation or assessment activities that will further
1633 the systematic study of issues related to program goals and
1634 outcomes.
1635 (5) In providing for evaluation activities, the state
1636 board of directors of CareerSource Florida, Inc., and the
1637 department shall safeguard the use or disclosure of information
1638 obtained from program participants consistent with federal or
1639 state requirements. Evaluation methodologies may be used which
1640 are appropriate for evaluation of program activities, including
1641 random assignment of recipients or participants into program
1642 groups or control groups. To the extent necessary or
1643 appropriate, evaluation data shall provide information with
1644 respect to the state, district, or county, or other substate
1645 area.
1646 (6) The state board of directors of CareerSource Florida,
1647 Inc., and the department may contract with a qualified
1648 organization for evaluations conducted under this section.
1649 Section 20. Section 445.035, Florida Statutes, is amended
1650 to read:
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1651 445.035 Data collection and reporting.—The Department of
1652 Children and Families and the state board of directors of
1653 CareerSource Florida, Inc., shall collect data necessary to
1654 administer this chapter and make the reports required under
1655 federal law to the United States Department of Health and Human
1656 Services and the United States Department of Agriculture.
1657 Section 21. Subsections (1), (2), and (3), paragraph (b)
1658 of subsection (4), and subsection (5) of section 445.048,
1659 Florida Statutes, are amended to read:
1660 445.048 Passport to Economic Progress program.—
1661 (1) AUTHORIZATION.—Notwithstanding any law to the
1662 contrary, the state board CareerSource Florida, Inc., in
1663 conjunction with the department and the Department of Children
1664 and Families and the Department of Economic Opportunity, shall
1665 implement a Passport to Economic Progress program consistent
1666 with this section. The state board CareerSource Florida, Inc.,
1667 may designate local workforce development boards to participate
1668 in the program. Expenses for the program may come from
1669 appropriated revenues or from funds otherwise available to a
1670 local workforce development board which may be legally used for
1671 such purposes. The state board CareerSource Florida, Inc., must
1672 consult with the applicable local workforce development boards
1673 and the applicable local offices of the Department of Children
1674 and Families which serve the program areas and must encourage
1675 community input into the implementation process.
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1676 (2) WAIVERS.—If the state board CareerSource Florida,
1677 Inc., in consultation with the Department of Children and
1678 Families, finds that federal waivers would facilitate
1679 implementation of the program, the department shall immediately
1680 request such waivers, and the state board CareerSource Florida,
1681 Inc., shall report to the Governor, the President of the Senate,
1682 and the Speaker of the House of Representatives if any refusal
1683 of the federal government to grant such waivers prevents the
1684 implementation of the program. If the state board CareerSource
1685 Florida, Inc., finds that federal waivers to provisions of the
1686 Food Assistance Program would facilitate implementation of the
1687 program, the Department of Children and Families shall
1688 immediately request such waivers in accordance with s. 414.175.
1689 (3) TRANSITIONAL BENEFITS AND SERVICES.—In order to assist
1690 them in making the transition to economic self-sufficiency,
1691 former recipients of temporary cash assistance participating in
1692 the passport program shall be eligible for the following
1693 benefits and services:
1694 (a) Notwithstanding the time period specified in s.
1695 445.030, transitional education and training support services as
1696 specified in s. 445.030 for up to 4 years after the family is no
1697 longer receiving temporary cash assistance;
1698 (b) Notwithstanding the time period specified in s.
1699 445.031, transitional transportation support services as
1700 specified in s. 445.031 for up to 4 years after the family is no
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1701 longer receiving temporary cash assistance; and
1702 (c) Notwithstanding the time period specified in s.
1703 445.032, transitional child care as specified in s. 445.032 for
1704 up to 4 years after the family is no longer receiving temporary
1705 cash assistance.
1706
1707 All other provisions of ss. 445.030, 445.031, and 445.032 apply
1708 to such individuals, as appropriate. This subsection does not
1709 constitute an entitlement to transitional benefits and services.
1710 If funds are insufficient to provide benefits and services under
1711 this subsection, the state board of directors of CareerSource
1712 Florida, Inc., or its agent, may limit such benefits and
1713 services or otherwise establish priorities for the provisions of
1714 such benefits and services.
1715 (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.—
1716 (b) The state board CareerSource Florida, Inc., in
1717 cooperation with the department and the Department of Children
1718 and Families and the Department of Economic Opportunity, shall
1719 offer performance-based incentive bonuses as a component of the
1720 Passport to Economic Progress program. The bonuses do not
1721 represent a program entitlement and are contingent on achieving
1722 specific benchmarks prescribed in the self-sufficiency plan. If
1723 the funds appropriated for this purpose are insufficient to
1724 provide this financial incentive, the state board of directors
1725 of CareerSource Florida, Inc., may reduce or suspend the bonuses
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1726 in order not to exceed the appropriation or may direct the local
1727 workforce development boards to use resources otherwise given to
1728 the local workforce development board to pay such bonuses if
1729 such payments comply with applicable state and federal laws.
1730 (5) EVALUATIONS AND RECOMMENDATIONS.—The state board
1731 CareerSource Florida, Inc., in conjunction with the department,
1732 the Department of Children and Families, the Department of
1733 Economic Opportunity, and the local workforce development
1734 boards, shall conduct a comprehensive evaluation of the
1735 effectiveness of the program operated under this section.
1736 Evaluations and recommendations for the program shall be
1737 submitted by the state board CareerSource Florida, Inc., as part
1738 of its annual report to the Legislature.
1739 Section 22. Subsections (6), (8), and (13) of section
1740 445.051, Florida Statutes, are amended to read:
1741 445.051 Individual development accounts.—
1742 (6) The state board CareerSource Florida, Inc., shall
1743 establish procedures for local workforce development boards to
1744 include in their annual program and financial plan an
1745 application to offer an individual development account program
1746 as part of their TANF allocation. These procedures must include,
1747 but need not be limited to, administrative costs permitted for
1748 the fiduciary organization and policies relative to identifying
1749 the match ratio and limits on the deposits for which the match
1750 will be provided in the application process. The state board
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1751 CareerSource Florida, Inc., shall establish policies and
1752 procedures necessary to ensure that funds held in an individual
1753 development account are not withdrawn except for one or more of
1754 the qualified purposes described in this section.
1755 (8) The state board CareerSource Florida, Inc., shall
1756 establish procedures for controlling the withdrawal of funds for
1757 uses other than qualified purposes, including specifying
1758 conditions under which an account must be closed.
1759 (13) Pursuant to policy direction by the state board
1760 CareerSource Florida, Inc., the department of Economic
1761 Opportunity shall adopt such rules as are necessary to implement
1762 this act.
1763 Section 23. Subsection (2) of section 445.055, Florida
1764 Statutes, is amended to read:
1765 445.055 Employment advocacy and assistance program
1766 targeting military spouses and dependents.—
1767 (2) The state board CareerSource Florida, Inc., shall
1768 establish an employment advocacy and assistance program
1769 targeting military spouses and dependents. This program shall
1770 deliver employment assistance services through military family
1771 employment advocates colocated within selected one-stop career
1772 centers. Persons eligible for assistance through this program
1773 include spouses and dependents of active duty military
1774 personnel, Florida National Guard members, and military
1775 reservists.
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1776 Section 24. Paragraph (p) of subsection (3) of section
1777 11.45, Florida Statutes, is amended to read:
1778 11.45 Definitions; duties; authorities; reports; rules.—
1779 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The
1780 Auditor General may, pursuant to his or her own authority, or at
1781 the direction of the Legislative Auditing Committee, conduct
1782 audits or other engagements as determined appropriate by the
1783 Auditor General of:
1784 (p) CareerSource Florida, Inc., the state board as defined
1785 in s. 445.002, or the programs or entities created by the state
1786 board under CareerSource Florida, Inc., created pursuant to s.
1787 445.004.
1788 Section 25. Paragraph (a) of subsection (5) of section
1789 288.901, Florida Statutes, is amended to read:
1790 288.901 Enterprise Florida, Inc.—
1791 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
1792 (a) In addition to the Governor or his or her designee,
1793 the board of directors shall consist of the following appointed
1794 members:
1795 1. The Commissioner of Education or his or her designee.
1796 2. The Chief Financial Officer or his or her designee.
1797 3. The Attorney General or his or her designee.
1798 4. The Commissioner of Agriculture or his or her designee.
1799 5. The chairperson of the state board as defined in s.
1800 445.002 board of directors of CareerSource Florida, Inc.
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1801 6. The Secretary of State or his or her designee.
1802 7. Twelve members from the private sector, six of whom
1803 shall be appointed by the Governor, three of whom shall be
1804 appointed by the President of the Senate, and three of whom
1805 shall be appointed by the Speaker of the House of
1806 Representatives. Members appointed by the Governor are subject
1807 to Senate confirmation.
1808
1809 All board members shall serve without compensation, but are
1810 entitled to receive reimbursement for per diem and travel
1811 expenses pursuant to s. 112.061. Such expenses must be paid out
1812 of funds of Enterprise Florida, Inc.
1813 Section 26. Subsection (5) of section 331.369, Florida
1814 Statutes, is amended to read:
1815 331.369 Space Industry Workforce Initiative.—
1816 (5) The state board as defined in s. 445.002 CareerSource
1817 Florida, Inc., as part of its statutorily prescribed annual
1818 report to the Legislature, shall provide recommendations for
1819 policies, programs, and funding to enhance the workforce needs
1820 of the aerospace industry.
1821 Section 27. Paragraph (k) of subsection (1) and subsection
1822 (9) of section 413.405, Florida Statutes, are amended to read:
1823 413.405 Florida Rehabilitation Council.—There is created
1824 the Florida Rehabilitation Council to assist the division in the
1825 planning and development of statewide rehabilitation programs
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1826 and services, to recommend improvements to such programs and
1827 services, and to perform the functions listed in this section.
1828 (1) The council shall be composed of:
1829 (k) At least one representative of the state board as
1830 defined in s. 445.002 board of directors of CareerSource
1831 Florida, Inc.
1832 (9) In addition to the other functions specified in this
1833 section, the council shall, after consulting with the state
1834 board as defined in s. 445.002 board of directors of
1835 CareerSource Florida, Inc.:
1836 (a) Review, analyze, and advise the division regarding the
1837 performance of the responsibilities of the division under Title
1838 I of the act, particularly responsibilities relating to:
1839 1. Eligibility, including order of selection.
1840 2. The extent, scope, and effectiveness of services
1841 provided.
1842 3. Functions performed by state agencies which affect or
1843 potentially affect the ability of individuals with disabilities
1844 to achieve employment outcomes under Title I.
1845 (b) In partnership with the division:
1846 1. Develop, agree to, and review state goals and
1847 priorities in accordance with 34 C.F.R. s. 361.29(c); and
1848 2. Evaluate the effectiveness of the vocational
1849 rehabilitation program and submit reports of progress to the
1850 Governor, the President of the Senate, the Speaker of the House
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1851 of Representatives, and the United States Secretary of Education
1852 in accordance with 34 C.F.R. s. 361.29(e).
1853 (c) Advise the department and the division and assist in
1854 the preparation of the state plan and amendments to the plan,
1855 applications, reports, needs assessments, and evaluations
1856 required by Title I.
1857 (d) To the extent feasible, conduct a review and analysis
1858 of the effectiveness of, and consumer satisfaction with:
1859 1. The functions performed by state agencies and other
1860 public and private entities responsible for performing functions
1861 for individuals who have disabilities.
1862 2. Vocational rehabilitation services:
1863 a. Provided or paid for from funds made available under
1864 the act or through other public or private sources.
1865 b. Provided by state agencies and other public and private
1866 entities responsible for providing vocational rehabilitation
1867 services to individuals who have disabilities.
1868 3. The employment outcomes achieved by eligible
1869 individuals receiving services under this part, including the
1870 availability of health or other employment benefits in
1871 connection with those employment outcomes.
1872 (e) Prepare and submit an annual report on the status of
1873 vocational rehabilitation programs in the state to the Governor,
1874 the President of the Senate, the Speaker of the House of
1875 Representatives, and the United States Secretary of Education
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1876 and make the report available to the public.
1877 (f) Coordinate with other councils within Florida,
1878 including the Florida Independent Living Council, the advisory
1879 panel established under s. 612(a)(21) of the Individuals with
1880 Disabilities Education Act, 20 U.S.C. s. 1412(a)(21), the State
1881 Planning Council described in s. 124 of the Developmental
1882 Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
1883 15024, the state mental health planning council established
1884 under s. 1914 of the Public Health Service Act, 42 U.S.C. s.
1885 300x-3, and the state board as defined in s. 445.002 board of
1886 directors of CareerSource Florida, Inc.
1887 (g) Advise the department and division and provide for
1888 coordination and the establishment of working relationships
1889 among the department, the division, the Florida Independent
1890 Living Council, and centers for independent living in the state.
1891 (h) Perform other functions that are consistent with the
1892 duties and responsibilities of the council under this section.
1893 Section 28. Section 414.045, Florida Statutes, is amended
1894 to read:
1895 414.045 Cash assistance program.—Cash assistance families
1896 include any families receiving cash assistance payments from the
1897 state program for temporary assistance for needy families as
1898 defined in federal law, whether such funds are from federal
1899 funds, state funds, or commingled federal and state funds. Cash
1900 assistance families may also include families receiving cash
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1901 assistance through a program defined as a separate state
1902 program.
1903 (1) For reporting purposes, families receiving cash
1904 assistance shall be grouped into the following categories. The
1905 department may develop additional groupings in order to comply
1906 with federal reporting requirements, to comply with the data-
1907 reporting needs of the state board as defined in s. 445.002
1908 board of directors of CareerSource Florida, Inc., or to better
1909 inform the public of program progress.
1910 (a) Work-eligible cases.—Work-eligible cases shall
1911 include:
1912 1. Families containing an adult or a teen head of
1913 household, as defined by federal law. These cases are generally
1914 subject to the work activity requirements provided in s. 445.024
1915 and the time limitations on benefits provided in s. 414.105.
1916 2. Families with a parent where the parent's needs have
1917 been removed from the case due to sanction or disqualification
1918 shall be considered work-eligible cases to the extent that such
1919 cases are considered in the calculation of federal participation
1920 rates or would be counted in such calculation in future months.
1921 3. Families participating in transition assistance
1922 programs.
1923 4. Families otherwise eligible for temporary cash
1924 assistance which receive diversion services, a severance
1925 payment, or participate in the relocation program.
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1926 (b) Child-only cases.—Child-only cases include cases that
1927 do not have an adult or teen head of household as defined in
1928 federal law. Such cases include:
1929 1. Children in the care of caretaker relatives, if the
1930 caretaker relatives choose to have their needs excluded in the
1931 calculation of the amount of cash assistance.
1932 2. Families in the Relative Caregiver Program as provided
1933 in s. 39.5085.
1934 3. Families in which the only parent in a single-parent
1935 family or both parents in a two-parent family receive
1936 supplemental security income (SSI) benefits under Title XVI of
1937 the Social Security Act, as amended. To the extent permitted by
1938 federal law, individuals receiving SSI shall be excluded as
1939 household members in determining the amount of cash assistance,
1940 and such cases shall not be considered families containing an
1941 adult. Parents or caretaker relatives who are excluded from the
1942 cash assistance group due to receipt of SSI may choose to
1943 participate in work activities. An individual whose ability to
1944 participate in work activities is limited who volunteers to
1945 participate in work activities shall be assigned to work
1946 activities consistent with such limitations. An individual who
1947 volunteers to participate in a work activity may receive child
1948 care or support services consistent with such participation.
1949 4. Families in which the only parent in a single-parent
1950 family or both parents in a two-parent family are not eligible
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1951 for cash assistance due to immigration status or other
1952 limitation of federal law. To the extent required by federal
1953 law, such cases shall not be considered families containing an
1954 adult.
1955 5. To the extent permitted by federal law and subject to
1956 appropriations, special needs children who have been adopted
1957 pursuant to s. 409.166 and whose adopting family qualifies as a
1958 needy family under the state program for temporary assistance
1959 for needy families. Notwithstanding any provision to the
1960 contrary in s. 414.075, s. 414.085, or s. 414.095, a family
1961 shall be considered a needy family if:
1962 a. The family is determined by the department to have an
1963 income below 200 percent of the federal poverty level;
1964 b. The family meets the requirements of s. 414.095(2) and
1965 (3) related to residence, citizenship, or eligible noncitizen
1966 status; and
1967 c. The family provides any information that may be
1968 necessary to meet federal reporting requirements specified under
1969 Part A of Title IV of the Social Security Act.
1970 6. Families in the Guardianship Assistance Program as
1971 provided in s. 39.6225.
1972
1973 Families described in subparagraph 1., subparagraph 2., or
1974 subparagraph 3. may receive child care assistance or other
1975 supports or services so that the children may continue to be
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1976 cared for in their own homes or in the homes of relatives. Such
1977 assistance or services may be funded from the temporary
1978 assistance for needy families block grant to the extent
1979 permitted under federal law and to the extent funds have been
1980 provided in the General Appropriations Act.
1981 (2) Oversight by the state board as defined in s. 445.002
1982 board of directors of CareerSource Florida, Inc., and the
1983 service delivery and financial planning responsibilities of the
1984 local workforce development boards apply to the families defined
1985 as work-eligible cases in paragraph (1)(a). The department shall
1986 be responsible for program administration related to families in
1987 groups defined in paragraph (1)(b), and the department shall
1988 coordinate such administration with the state board of directors
1989 of CareerSource Florida, Inc., to the extent needed for
1990 operation of the program.
1991 Section 29. Subsection (2) of section 420.622, Florida
1992 Statutes, is amended to read:
1993 420.622 State Office on Homelessness; Council on
1994 Homelessness.—
1995 (2) The Council on Homelessness is created to consist of
1996 17 representatives of public and private agencies who shall
1997 develop policy and advise the State Office on Homelessness. The
1998 council members shall be: the Secretary of Children and
1999 Families, or his or her designee; the executive director of the
2000 Department of Economic Opportunity, or his or her designee, who
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2001 shall advise the council on issues related to rural development;
2002 the State Surgeon General, or his or her designee; the Executive
2003 Director of Veterans' Affairs, or his or her designee; the
2004 Secretary of Corrections, or his or her designee; the Secretary
2005 of Health Care Administration, or his or her designee; the
2006 Commissioner of Education, or his or her designee; the Executive
2007 Director of CareerSource Florida, Inc., or his or her designee;
2008 one representative of the Florida Association of Counties; one
2009 representative of the Florida League of Cities; one
2010 representative of the Florida Supportive Housing Coalition; the
2011 Executive Director of the Florida Housing Finance Corporation,
2012 or his or her designee; one representative of the Florida
2013 Coalition for the Homeless; and four members appointed by the
2014 Governor. The council members shall be nonpaid volunteers and
2015 shall be reimbursed only for travel expenses. The appointed
2016 members of the council shall be appointed to staggered 2-year
2017 terms, and the council shall meet at least four times per year.
2018 The importance of minority, gender, and geographic
2019 representation shall be considered in appointing members to the
2020 council.
2021 Section 30. Subsections (1) and (4) of section 443.171,
2022 Florida Statutes, are amended to read:
2023 443.171 Department of Economic Opportunity and commission;
2024 powers and duties; records and reports; proceedings; state-
2025 federal cooperation.—
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2026 (1) POWERS AND DUTIES.—The Department of Economic
2027 Opportunity shall administer this chapter. The department may
2028 employ persons, make expenditures, require reports, conduct
2029 investigations, and take other action necessary or suitable to
2030 administer this chapter. The department shall annually submit
2031 information to the state board as defined in s. 445.002
2032 CareerSource Florida, Inc., covering the administration and
2033 operation of this chapter during the preceding calendar year for
2034 inclusion in the strategic plan under s. 445.006 and may make
2035 recommendations for amendment to this chapter.
2036 (4) EMPLOYMENT STABILIZATION.—The Department of Economic
2037 Opportunity, under the direction of the state board as defined
2038 in s. 445.002 CareerSource Florida, Inc., shall take all
2039 appropriate steps to reduce and prevent unemployment; to
2040 encourage and assist in the adoption of practical methods of
2041 career training, retraining, and career guidance; to
2042 investigate, recommend, advise, and assist municipalities,
2043 counties, school districts, and the state in the establishment
2044 and operation of reserves for public works to be used in times
2045 of business depression and unemployment; to promote the
2046 reemployment of unemployed workers throughout the state in every
2047 other way that may be feasible; to refer a claimant entitled to
2048 extended benefits to suitable work that meets the criteria of
2049 this chapter; and, to these ends, to carry on and publish the
2050 results of investigations and research studies.
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2051 Section 31. Subsection (1) of section 443.181, Florida
2052 Statutes, is amended to read:
2053 443.181 Public employment service.—
2054 (1) The one-stop delivery system established under s.
2055 445.009 is this state's public employment service as part of the
2056 national system of public employment offices established under
2057 29 U.S.C. s. 49. The Department of Economic Opportunity, under
2058 policy direction from the state board as defined in s. 445.002
2059 CareerSource Florida, Inc., shall cooperate with any official or
2060 agency of the United States having power or duties under 29
2061 U.S.C. ss. 49-49l-1 and shall perform those duties necessary to
2062 secure to this state the funds provided under federal law for
2063 the promotion and maintenance of the state's public employment
2064 service. In accordance with 29 U.S.C. s. 49c, this state accepts
2065 29 U.S.C. ss. 49-49l-1. The department is designated the state
2066 agency responsible for cooperating with the United States
2067 Secretary of Labor under 29 U.S.C. s. 49c. The department shall
2068 appoint sufficient employees to administer this section. The
2069 department may cooperate with or enter into agreements with the
2070 Railroad Retirement Board for the establishment, maintenance,
2071 and use of one-stop career centers.
2072 Section 32. Subsection (1) of section 446.71, Florida
2073 Statutes, is amended to read:
2074 446.71 Everglades Restoration Agricultural Community
2075 Employment Training Program.—
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2076 (1) The Department of Economic Opportunity, in cooperation
2077 with the state board as defined in s. 445.002 CareerSource
2078 Florida, Inc., shall establish the Everglades Restoration
2079 Agricultural Community Employment Training Program within the
2080 Department of Economic Opportunity. The Department of Economic
2081 Opportunity shall use funds appropriated to the program by the
2082 Legislature to provide grants to stimulate and support training
2083 and employment programs that seek to match persons who complete
2084 such training programs to nonagricultural employment
2085 opportunities in areas of high agricultural unemployment, and to
2086 provide other training, educational, and information services
2087 necessary to stimulate the creation of jobs in the areas of high
2088 agricultural unemployment. In determining whether to provide
2089 funds to a particular program, the Department of Economic
2090 Opportunity shall consider the location of the program in
2091 proximity to the program's intended participants.
2092 Section 33. Subsection (9) of section 1011.80, Florida
2093 Statutes, is amended to read:
2094 1011.80 Funds for operation of workforce education
2095 programs.—
2096 (9) The State Board of Education and the state board as
2097 defined in s. 445.002 CareerSource Florida, Inc., shall provide
2098 the Legislature with recommended formulas, criteria, timeframes,
2099 and mechanisms for distributing performance funds. The
2100 commissioner shall consolidate the recommendations and develop a
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2101 consensus proposal for funding. The Legislature shall adopt a
2102 formula and distribute the performance funds to the State Board
2103 of Education for Florida College System institutions and school
2104 districts through the General Appropriations Act. These
2105 recommendations shall be based on formulas that would discourage
2106 low-performing or low-demand programs and encourage through
2107 performance-funding awards:
2108 (a) Programs that prepare people to enter high-wage
2109 occupations identified by the Workforce Estimating Conference
2110 created by s. 216.136 and other programs as approved by the
2111 state board as defined in s. 445.002 CareerSource Florida, Inc.
2112 At a minimum, performance incentives shall be calculated for
2113 adults who reach completion points or complete programs that
2114 lead to specified high-wage employment and to their placement in
2115 that employment.
2116 (b) Programs that successfully prepare adults who are
2117 eligible for public assistance, economically disadvantaged,
2118 disabled, not proficient in English, or dislocated workers for
2119 high-wage occupations. At a minimum, performance incentives
2120 shall be calculated at an enhanced value for the completion of
2121 adults identified in this paragraph and job placement of such
2122 adults upon completion. In addition, adjustments may be made in
2123 payments for job placements for areas of high unemployment.
2124 (c) Programs that are specifically designed to be
2125 consistent with the workforce needs of private enterprise and
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2126 regional economic development strategies, as defined in
2127 guidelines set by the state board as defined in s. 445.002
2128 CareerSource Florida, Inc. The state board CareerSource Florida,
2129 Inc., shall develop guidelines to identify such needs and
2130 strategies based on localized research of private employers and
2131 economic development practitioners.
2132 (d) Programs identified by the state board as defined in
2133 s. 445.002 CareerSource Florida, Inc., as increasing the
2134 effectiveness and cost efficiency of education.
2135 Section 34. Subsection (3) of section 1011.801, Florida
2136 Statutes, is amended to read:
2137 1011.801 Workforce Development Capitalization Incentive
2138 Grant Program.—The Legislature recognizes that the need for
2139 school districts and Florida College System institutions to be
2140 able to respond to emerging local or statewide economic
2141 development needs is critical to the workforce development
2142 system. The Workforce Development Capitalization Incentive Grant
2143 Program is created to provide grants to school districts and
2144 Florida College System institutions on a competitive basis to
2145 fund some or all of the costs associated with the creation or
2146 expansion of workforce development programs that serve specific
2147 employment workforce needs.
2148 (3) The State Board of Education shall give highest
2149 priority to programs that train people to enter high-skill,
2150 high-wage occupations identified by the Workforce Estimating
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2151 Conference and other programs approved by the state board as
2152 defined in s. 445.002, CareerSource Florida, Inc.; programs that
2153 train people to enter occupations under the welfare transition
2154 program,; or programs that train for the workforce adults who
2155 are eligible for public assistance, economically disadvantaged,
2156 disabled, not proficient in English, or dislocated workers. The
2157 State Board of Education shall consider the statewide geographic
2158 dispersion of grant funds in ranking the applications and shall
2159 give priority to applications from education agencies that are
2160 making maximum use of their workforce development funding by
2161 offering high-performing, high-demand programs.
2162 Section 35. Paragraph (c) of subsection (5), subsection
2163 (6), paragraph (b) of subsection (10), and subsection (11) of
2164 section 20.60, Florida Statutes, are amended, and paragraph (c)
2165 is added to subsection (9) of that section, to read:
2166 20.60 Department of Economic Opportunity; creation; powers
2167 and duties.—
2168 (5) The divisions within the department have specific
2169 responsibilities to achieve the duties, responsibilities, and
2170 goals of the department. Specifically:
2171 (c) The Division of Workforce Services shall:
2172 1. Prepare and submit a unified budget request for
2173 workforce development in accordance with chapter 216 for, and in
2174 conjunction with, the state CareerSource Florida, Inc., and its
2175 board as defined in s. 445.002.
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2176 2. Ensure that the state appropriately administers federal
2177 and state workforce funding by administering plans and policies
2178 of the state board as defined in s. 445.002 CareerSource
2179 Florida, Inc., under contract with CareerSource Florida, Inc.
2180 The operating budget and midyear amendments thereto must be part
2181 of such contract.
2182 a. All program and fiscal instructions to local workforce
2183 development boards shall emanate from the Department of Economic
2184 Opportunity pursuant to plans and policies of the state board as
2185 defined in s. 445.002 CareerSource Florida, Inc., which shall be
2186 responsible for all policy directions to the local workforce
2187 development boards.
2188 b. Unless otherwise provided by agreement with the state
2189 board as defined in s. 445.002 CareerSource Florida, Inc.,
2190 administrative and personnel policies of the Department of
2191 Economic Opportunity apply.
2192 3. Implement the state's reemployment assistance program.
2193 The Department of Economic Opportunity shall ensure that the
2194 state appropriately administers the reemployment assistance
2195 program pursuant to state and federal law.
2196 4. Assist in developing the 5-year statewide strategic
2197 plan required by this section.
2198 (6)(a) The Department of Economic Opportunity is the
2199 administrative agency designated for receipt of federal
2200 workforce development grants and other federal funds. The
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2201 department shall administer the duties and responsibilities
2202 assigned by the Governor under each federal grant assigned to
2203 the department. The department shall expend each revenue source
2204 as provided by federal and state law and as provided in plans
2205 developed by and agreements with the state board as defined in
2206 s. 445.002 CareerSource Florida, Inc. The department may serve
2207 as the contract administrator for contracts entered into by the
2208 state board under CareerSource Florida, Inc., pursuant to s.
2209 445.004(5), as directed by CareerSource Florida, Inc.
2210 (b) The Department of Economic Opportunity shall serve as
2211 the designated agency for purposes of each federal workforce
2212 development grant assigned to it for administration. The
2213 department shall carry out the duties assigned to it by the
2214 Governor, under the terms and conditions of each grant. The
2215 department shall have the level of authority and autonomy
2216 necessary to be the designated recipient of each federal grant
2217 assigned to it and shall disburse such grants pursuant to the
2218 plans and policies of the state board as defined in s. 445.002
2219 CareerSource Florida, Inc. The executive director may, upon
2220 delegation from the Governor and pursuant to agreement with the
2221 state board CareerSource Florida, Inc., sign contracts, grants,
2222 and other instruments as necessary to execute functions assigned
2223 to the department. Notwithstanding other provisions of law, the
2224 department shall administer other programs funded by federal or
2225 state appropriations, as determined by the Legislature in the
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2226 General Appropriations Act or other law.
2227 (9) The executive director shall:
2228 (c) Serve as the chair of the board of directors of the
2229 Florida Development Finance Corporation.
2230 (10) The department, with assistance from Enterprise
2231 Florida, Inc., shall, by November 1 of each year, submit an
2232 annual report to the Governor, the President of the Senate, and
2233 the Speaker of the House of Representatives on the condition of
2234 the business climate and economic development in the state.
2235 (b) The report must incorporate annual reports of other
2236 programs, including:
2237 1. Information provided by the Department of Revenue under
2238 s. 290.014.
2239 2. Information provided by enterprise zone development
2240 agencies under s. 290.0056 and an analysis of the activities and
2241 accomplishments of each enterprise zone.
2242 3. The Economic Gardening Business Loan Pilot Program
2243 established under s. 288.1081 and the Economic Gardening
2244 Technical Assistance Pilot Program established under s.
2245 288.1082.
2246 4. A detailed report of the performance of the Black
2247 Business Loan Program and a cumulative summary of quarterly
2248 report data required under s. 288.714.
2249 5. The Rural Economic Development Initiative established
2250 under s. 288.0656.
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2251 6. The Florida Unique Abilities Partner Program.
2252 7. A detailed report of the performance of the Florida
2253 Development Finance Corporation and a summary of the
2254 corporation's report that is required under s. 288.9610.
2255 (11) The department shall establish annual performance
2256 standards for Enterprise Florida, Inc., CareerSource Florida,
2257 Inc., the Florida Tourism Industry Marketing Corporation, the
2258 Florida Development Finance Corporation, and Space Florida and
2259 report annually on how these performance measures are being met
2260 in the annual report required under subsection (10).
2261 Section 36. Subsection (2), paragraphs (a) and (c) of
2262 subsection (3), and subsection (4) of section 288.9604, Florida
2263 Statutes, are amended, and subsection (5) is added to that
2264 section, to read:
2265 288.9604 Creation of the authority.—
2266 (2)(a) The board of directors of the corporation shall
2267 consist of seven members. The executive director of the
2268 department, or his or her designee, shall serve as chair of the
2269 board of directors. The director of the Division of Bond Finance
2270 of the State Board of Administration, or his or her designee,
2271 shall serve as a director on the board. The Governor, subject to
2272 confirmation by the Senate, shall appoint the remaining five
2273 members of the board of directors of the corporation, who shall
2274 be five in number. At least three of the appointed directors of
2275 the corporation must be bankers or persons with experience in
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2276 finance, and one of the appointed directors must be an economic
2277 development specialist.
2278 (b) The terms of office for the appointed directors are
2279 for shall be for 4 years after from the date of their
2280 appointment. A vacancy occurring during a term of an appointed
2281 director shall be filled for the unexpired term. An appointed A
2282 director is shall be eligible for reappointment. Each appointed
2283 director shall hold office until his or her successor has been
2284 appointed At least three of the directors of the corporation
2285 shall be bankers who have been selected by the Governor from a
2286 list of bankers who were nominated by Enterprise Florida, Inc.,
2287 and one of the directors shall be an economic development
2288 specialist.
2289 (3)(a)1. A director may not receive compensation for his
2290 or her services, but is entitled to necessary expenses,
2291 including travel expenses, incurred in the discharge of his or
2292 her duties. Each director shall hold office until his or her
2293 successor has been appointed.
2294 2. Directors are subject to ss. 112.313(1)-(8), (10),
2295 (12), and (15); 112.3135; and 112.3143(2). For purposes of
2296 applying ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
2297 112.3143(2) to activities of directors, directors are shall be
2298 considered public officers and the corporation is shall be
2299 considered their agency.
2300 (c) The directors of the corporation shall annually elect
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2301 one of their members as chair and one as vice chair. The
2302 corporation may employ a president, technical experts, and such
2303 other agents and employees, permanent and temporary, as it
2304 requires and determine their qualifications, duties, and
2305 compensation. For such legal services as it requires, the
2306 corporation may employ or retain its own counsel and legal
2307 staff.
2308 (4) The board may remove an appointed a director for
2309 inefficiency, neglect of duty, or misconduct in office. An
2310 appointed director may be removed only after a hearing and only
2311 if he or she has been given a copy of the charges at least 10
2312 days before such hearing and has had an opportunity to be heard
2313 in person or by counsel. The removal of an appointed a director
2314 creates shall create a vacancy on the board which must shall be
2315 filled pursuant to subsection (2).
2316 (5) This section is repealed October 1, 2022, and October
2317 1 of every fourth year thereafter, unless reviewed and saved
2318 from repeal by the Legislature.
2319 Section 37. In order to implement the changes made by this
2320 act to s. 288.9604, Florida Statutes, the chair and vice chair
2321 of the board of directors of the Florida Development Finance
2322 Corporation on June 30, 2020, shall serve as appointed directors
2323 beginning on July 1, 2020. This act does not affect the terms of
2324 the current directors serving on the board on July 1, 2020.
2325 Section 38. Section 288.9610, Florida Statutes, is amended
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PCS for CS/HB 1139 ORIGINAL 2020
2326 to read:
2327 288.9610 Annual reports of Florida Development Finance
2328 Corporation.—On or before 90 days after the close of the Florida
2329 Development Finance Corporation's fiscal year, the corporation
2330 shall submit to the Governor, the Legislature, the Auditor
2331 General, the Department of Economic Opportunity, and the
2332 governing body of each public entity with which it has entered
2333 into an interlocal agreement a complete and detailed report
2334 setting forth:
2335 (1) The results of any audit conducted under pursuant to
2336 s. 11.45.
2337 (2) The activities, operations, and accomplishments of the
2338 Florida Development Finance Corporation, including the number of
2339 businesses assisted by the corporation.
2340 (3) Its assets, liabilities, income, and operating
2341 expenses at the end of its most recent fiscal year, including a
2342 description of all of its outstanding revenue bonds.
2343 Section 39. A contract or interlocal agreement that exists
2344 before July 1, 2020, between the Florida Development Finance
2345 Corporation, or an entity or agent of the corporation, and any
2346 other entity or person shall remain in effect and be binding on
2347 the successor department, entity, or person responsible for the
2348 program, activity, or function that relates to the contract or
2349 interlocal agreement.
2350 Section 40. This act shall take effect July 1, 2020.
Page 94 of 94
PCS for CS/HB 1139
CODING: Words stricken are deletions; words underlined are additions.
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