PCS for HB 1271 (2020) — An act relating to state economic development (CareerSource Florida, Inc.)
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- 2020 3015 Workforce Development Tourism Subcommittee Proposed Committee Bills Pcbs Fn Pcs
Summary
A proposed committee substitute (PCS) for HB 1271 in the Florida House of Representatives, 2020, an 83-page bill relating to state economic development entities. The bill title describes amendments to chapter 445, F.S., that replace CareerSource Florida, Inc., with the state board or the Department of Economic Opportunity in many workforce provisions, and amendments to s. 20.60 and s. 288.9604, F.S., concerning the Florida Development Finance Corporation. Section 1 defines "for cause" and "state board" in s. 445.002, and Section 2 amends s. 445.003, including the provision that $2 million of state-level Title I funds may be reserved for the Incumbent Worker Training Program. Section 36 revises the corporation's annual report under s. 288.9610, Section 37 keeps existing contracts and interlocal agreements in effect, and Section 38 makes the act effective July 1, 2020.
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“PCS for HB 1271 (2020) — An act relating to state economic development (CareerSource Florida, Inc.).”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-3015-workforce-development-tourism-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-1271/
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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 HB 1271 2020
A bill to be entitled
An act relating to state economic development
entities; amending s. 445.002, F.S.; defining the
terms "for cause" and "state board"; amending s.
445.003, F.S.; replacing CareerSource Florida, Inc.,
with the state board or the Department of Economic
Opportunity in provisions relating to the
implementation of the federal Workforce Innovation and
Opportunity Act; authorizing, rather than requiring,
certain funds to be reserved for the Incumbent Worker
Training Program; conforming provisions to changes
made by the act; authorizing the state board to hire a
director and staff; requiring the state board to
authorize the director and staff to work with the
department for specified reasons; amending s. 445.004,
F.S.; revising provisions relating to the operation of
CareerSource Florida, Inc.; revising the purpose of
CareerSource Florida, Inc.; providing purpose for the
state board; revising the organizational structure of
CareerSource Florida, Inc.; providing requirements for
the organizational structure of the state board;
providing the state board with powers and authority
previously held by CareerSource Florida, Inc.;
revising the requirements related to such powers and
authority; requiring the state board, rather than
CareerSource Florida, Inc., to submit an annual report
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to the Governor and the Legislature; authorizing the
Auditor General to conduct an audit of the state board
and programs or entities created by the state board;
requiring the state board, rather than CareerSource
Florida, Inc., to establish certain uniform
performance accountability measures; requiring the
state board, in consultation with the department, to
design the workforce development strategy for the
state; requiring that the strategy be approved by the
Governor; revising requirements relating to the
workforce development system; authorizing the
department to consult with the state board to issue
certain technical assistance letters; amending s.
445.006, F.S.; requiring that the state board, rather
than CareerSource Florida, Inc., take certain actions
relating to the state plan for workforce development;
amending s. 445.007, F.S.; replacing CareerSource
Florida, Inc., with the state board or the department
in provisions relating to local workforce development
boards; deleting the definition of the term "cause";
authorizing a chief elected official for a local
workforce development board to remove certain persons
from the board for cause; requiring the department to
provide certain guidance to specified entities;
deleting an obsolete provision; making technical
changes; amending s. 445.0071, F.S.; replacing
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CareerSource Florida, Inc., with the state board or
the department in provisions relating to the Florida
Youth Summer Jobs Pilot Program; amending s. 445.008,
F.S.; revising authority relating to the Workforce
Training Institute; requiring that certain donations
and grants be reported to the state board and the
department; amending s. 445.009, F.S.; replacing
CareerSource Florida, Inc., with the state board or
the department in provisions relating to one-stop
delivery systems; deleting an obsolete provision;
amending s. 445.011, F.S.; replacing CareerSource
Florida, Inc., with the department in provisions
relating to workforce information systems; requiring
the department to consult with the state board in
implementing certain automated information systems;
deleting a provision requiring CareerSource Florida,
Inc., to take certain actions when procuring workforce
information systems; amending s. 445.014, F.S.;
replacing CareerSource Florida, Inc., with the state
board in provisions relating to the establishment of
one-stop delivery systems; amending s. 445.021, F.S.;
replacing CareerSource Florida, Inc., with the state
board in provisions relating to the relocation
assistance program; amending s. 445.022, F.S.;
replacing CareerSource Florida, Inc., with the state
board in provisions relating to Retention Incentive
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Training Accounts; amending s. 445.024, F.S.;
replacing CareerSource Florida, Inc., with the state
board in provisions relating to certain contract
exceptions; amending s. 445.026, F.S.; replacing
CareerSource Florida, Inc., with the state board in
provisions relating to cash assistance severance
benefits; amending s. 445.028, F.S.; replacing
CareerSource Florida, Inc., with the department in
provisions relating to transitional benefits and
services; amending s. 445.030, F.S.; replacing
CareerSource Florida, Inc., with the state board in
provisions relating to transitional education and
training; amending s. 445.033, F.S.; replacing
CareerSource Florida, Inc., with the state board in
provisions relating to evaluations of TANF-funding
programs; amending s. 445.035, F.S.; replacing
CareerSource Florida, Inc., with the state board in
provisions relating to data collection and reporting;
amending s. 445.048, F.S.; replacing CareerSource
Florida, Inc., with the state board in provisions
relating to the Passport to Economic Progress program;
amending s. 445.051, F.S.; replacing CareerSource
Florida, Inc., with the state board in provisions
relating to individual development accounts; amending
s. 445.055, F.S.; replacing CareerSource Florida,
Inc., with the state board in provisions relating to
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the establishment of an employment advocacy and
assistance program targeting a certain group; amending
ss. 11.45, 288.901, 331.369, 413.405, 414.045,
420.622, 443.171, 443.181, 446.71, 1011.80, and
1011.801, F.S.; conforming provisions to changes made
by the act; amending s. 20.60, F.S.; requiring the
executive director of the department to serve as the
chair of the board of directors of the Florida
Development Finance Corporation; requiring the
department to include specified information in its
annual report and develop annual performance standards
for the corporation; conforming provisions to changes
made by the act; amending s. 288.9604, F.S.; revising
the membership of the board of directors of the
corporation; conforming provisions to changes made by
the act; providing for future repeals; requiring the
current chair and vice chair of the board of directors
of the corporation to serve as appointed directors
after a specified date; providing construction;
amending s. 288.9610, F.S.; requiring the corporation
to submit an annual report containing specified
information to the department; providing that certain
contracts and interlocal agreements remain in effect
and binding under certain circumstances; providing an
effective date.
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Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsections (2) and (3) of section 445.002,
Florida Statutes, are renumbered as subsections (3) and (5),
respectively, and new subsections (2) and (4) are added to that
section to read:
445.002 Definitions.—As used in this chapter, the term:
(2) "For cause" includes, but is not limited to, engaging
in fraud or other criminal acts, incapacity, unfitness, neglect
of duty, official incompetence and irresponsibility,
misfeasance, malfeasance, nonfeasance, or lack of performance.
(4) "State board" means the state workforce development
board established pursuant to the Workforce Innovation and
Opportunity Act, Pub. L. No. 113-128, Title I, s. 101. The state
board shall be supported by CareerSource Florida, Inc., which
works at the direction of the state board in consultation with
the department as required by this chapter.
Section 2. Subsections (2), (3), (4), and (5) of section
445.003, Florida Statutes, are amended, and subsection (6) is
added to that section, to read:
445.003 Implementation of the federal Workforce Innovation
and Opportunity Act.—
(2) FOUR-YEAR PLAN.—The state board CareerSource Florida,
Inc., shall prepare and submit a 4-year plan, consistent with
the requirements of the Workforce Innovation and Opportunity
Act. Mandatory and optional federal partners shall be fully
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involved in designing the plan's one-stop delivery system
strategy. The plan must clearly define each program's statewide
duties and role relating to the system. The plan must detail a
process that would fully integrate all federally mandated and
optional partners.
(3) FUNDING.—
(a) Title I, Workforce Innovation and Opportunity Act
funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be
expended based on the 4-year plan of the state board
CareerSource Florida, Inc. The plan must outline and direct the
method used to administer and coordinate various funds and
programs that are operated by various agencies. The following
provisions apply to these funds:
1. At least 50 percent of the Title I funds for Adults and
Dislocated Workers which are passed through to local workforce
development boards shall be allocated to and expended on
Individual Training Accounts unless a local workforce
development board obtains a waiver from the state board
CareerSource Florida, Inc. Tuition, books, and fees of training
providers and other training services prescribed and authorized
by the Workforce Innovation and Opportunity Act qualify as
Individual Training Account expenditures.
2. Fifteen percent of Title I funding shall be retained at
the state level and dedicated to state administration and shall
be used to design, develop, induce, and fund innovative
Individual Training Account pilots, demonstrations, and
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programs. Of such funds retained at the state level, $2 million
may shall be reserved for the Incumbent Worker Training Program
created under subparagraph 3. Eligible state administration
costs include the costs of funding for the state board and state
board staff of CareerSource Florida, Inc.; operating fiscal,
compliance, and management accountability systems through the
department CareerSource Florida, Inc.; conducting evaluation and
research on workforce development activities; and providing
technical and capacity building assistance to local workforce
development areas at the direction of the state board
CareerSource Florida, Inc. Notwithstanding s. 445.004, such
administrative costs may not exceed 25 percent of these funds.
An amount not to exceed 75 percent of these funds shall be
allocated to Individual Training Accounts and other workforce
development strategies for other training designed and tailored
by the department in consultation with the state board
CareerSource Florida, Inc., including, but not limited to,
programs for incumbent workers, nontraditional employment, and
enterprise zones. The department, in consultation with the state
board CareerSource Florida, Inc., shall design, adopt, and fund
Individual Training Accounts for distressed urban and rural
communities.
3. The Incumbent Worker Training Program is created for
the purpose of providing grant funding for continuing education
and training of incumbent employees at existing Florida
businesses. The program will provide reimbursement grants to
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businesses that pay for preapproved, direct, training-related
costs.
a. The Incumbent Worker Training Program will be
administered by CareerSource Florida, Inc., which may, at its
discretion, contract with a private business organization to
serve as grant administrator.
b. The program shall be administered pursuant to s.
134(d)(4) of the Workforce Innovation and Opportunity Act.
Priority for funding shall be given to businesses with 25
employees or fewer, businesses in rural areas, businesses in
distressed inner-city areas, businesses in a qualified targeted
industry, businesses whose grant proposals represent a
significant upgrade in employee skills, or businesses whose
grant proposals represent a significant layoff avoidance
strategy.
c. All costs reimbursed by the program must be preapproved
by CareerSource Florida, Inc., or the grant administrator. The
program may not reimburse businesses for trainee wages, the
purchase of capital equipment, or the purchase of any item or
service that may possibly be used outside the training project.
A business approved for a grant may be reimbursed for
preapproved, direct, training-related costs including tuition,
fees, books and training materials, and overhead or indirect
costs not to exceed 5 percent of the grant amount.
d. A business that is selected to receive grant funding
must provide a matching contribution to the training project,
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including, but not limited to, wages paid to trainees or the
purchase of capital equipment used in the training project; must
sign an agreement with CareerSource Florida, Inc., or the grant
administrator to complete the training project as proposed in
the application; must keep accurate records of the project's
implementation process; and must submit monthly or quarterly
reimbursement requests with required documentation.
e. All Incumbent Worker Training Program grant projects
shall be performance-based with specific measurable performance
outcomes, including completion of the training project and job
retention. CareerSource Florida, Inc., or the grant
administrator shall withhold the final payment to the grantee
until a final grant report is submitted and all performance
criteria specified in the grant contract have been achieved.
f. The state board CareerSource Florida, Inc., may
establish guidelines necessary to implement the Incumbent Worker
Training Program.
g. No more than 10 percent of the Incumbent Worker
Training Program's total appropriation may be used for overhead
or indirect purposes.
4. At least 50 percent of Rapid Response funding shall be
dedicated to Intensive Services Accounts and Individual Training
Accounts for dislocated workers and incumbent workers who are at
risk of dislocation. The department CareerSource Florida, Inc.,
shall also maintain an Emergency Preparedness Fund from Rapid
Response funds, which will immediately issue Intensive Service
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Accounts, Individual Training Accounts, and other federally
authorized assistance to eligible victims of natural or other
disasters. At the direction of the Governor, these Rapid
Response funds shall be released to local workforce development
boards for immediate use after events that qualify under federal
law. Funding shall also be dedicated to maintain a unit at the
state level to respond to Rapid Response emergencies and to work
with state emergency management officials and local workforce
development boards. All Rapid Response funds must be expended
based on a plan developed by the state board in consultation
with the department CareerSource Florida, Inc., and approved by
the Governor.
(b) The administrative entity for Title I, Workforce
Innovation and Opportunity Act funds, and Rapid Response
activities is the department of Economic Opportunity, which
shall provide direction to local workforce development boards
regarding Title I programs and Rapid Response activities
pursuant to the direction of CareerSource Florida, Inc.
(4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
MODIFICATIONS.—
(a) The state board CareerSource Florida, Inc., may
provide indemnification from audit liabilities to local
workforce development boards that act in full compliance with
state law and board policy.
(b) The state board, in consultation with the department
CareerSource Florida, Inc., may make modifications to the
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state's plan, policies, and procedures to comply with federally
mandated requirements that in its judgment must be complied with
to maintain funding provided pursuant to Pub. L. No. 113-128.
The state board shall provide written notice to the Governor,
the President of the Senate, and the Speaker of the House of
Representatives within 30 days after any such changes or
modifications.
(c) The state board CareerSource Florida, Inc., shall
enter into a memorandum of understanding with the Florida
Department of Education to ensure that federally mandated
requirements of Pub. L. No. 113-128 are met and are in
compliance with the state plan for workforce development.
(5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.—The
state board CareerSource Florida, Inc., may recommend workforce-
related divisions, bureaus, units, programs, duties,
commissions, boards, and councils for elimination,
consolidation, or privatization.
(6) AUTHORITY TO HIRE DIRECTOR AND STAFF.—The state board
may hire a director and staff to assist in carrying out the
functions of the Workforce Innovation and Opportunity Act and in
using funds made available through the act. The state board
shall authorize the director and staff to work with the
department in carrying out the functions of the Workforce
Innovation and Opportunity Act.
Section 3. Section 445.004, Florida Statutes, is amended
to read:
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445.004 CareerSource Florida, Inc., and the state board;
creation; purpose; membership; duties and powers.—
(1) CareerSource Florida, Inc., is created as a not-for-
profit corporation, which shall be registered, incorporated,
organized, and operated in compliance with chapter 617 and shall
operate at the direction of the state board. CareerSource
Florida, Inc., is not a unit or entity of state government and
is exempt from chapters 120 and 287. CareerSource Florida, Inc.,
shall apply the procurement and expenditure procedures required
by federal law for the expenditure of federal funds.
CareerSource Florida, Inc., shall be administratively housed
within the department and shall operate under agreement with of
Economic Opportunity; however, CareerSource Florida, Inc., is
not subject to control, supervision, or direction by the
department in any manner. The Legislature finds that public
policy dictates that CareerSource Florida, Inc., operate in the
most open and accessible manner consistent with its public
purpose. To this end, the Legislature specifically declares that
CareerSource Florida, Inc., its board, councils, and any
advisory committees or similar groups created by CareerSource
Florida, Inc., are subject to the provisions of chapter 119
relating to public records, and those provisions of chapter 286
relating to public meetings.
(2) CareerSource Florida, Inc., provides administrative
support for the state board, is the principal workforce policy
organization for the state. The purpose of the state board
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CareerSource Florida, Inc., is to design and implement
strategies that help Floridians enter, remain in, and advance in
the workplace, so that they may become more highly skilled and
successful, which benefits these Floridians, Florida businesses,
and the entire state, and fosters the development of the state's
business climate. CareerSource Florida, Inc., shall, consistent
with its agreement with the department, implement the policy
directives of the state board and administer state workforce
development programs as authorized by law.
(3)(a) CareerSource Florida, Inc., shall be governed by a
board of directors, whose membership and appointment must be
consistent with Pub. L. No. 113-128, Title I, s. 101(b). Members
of the state board described in Pub. L. No. 113-128, Title I, s.
101(b)(1)(C)(iii)(I)(aa) are shall be nonvoting members. The
number of members is directors shall be determined by the
Governor, who shall consider the importance of minority, gender,
and geographic representation in making appointments to the
state board. When the Governor is in attendance, he or she shall
preside at all meetings of the state board of directors.
(b) The state board of directors of CareerSource Florida,
Inc., shall be chaired by a board member designated by the
Governor pursuant to Pub. L. No. 113-128. A member may not serve
more than two terms.
(c) Members appointed by the Governor may serve no more
than two terms and must be appointed for 3-year terms. However,
in order to establish staggered terms for board members, the
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Governor shall appoint or reappoint one-third of the board
members for 1-year terms, one-third of the board members for 2-
year terms, and one-third of the board members for 3-year terms
beginning July 1, 2016. Subsequent appointments or
reappointments shall be for 3-year terms, except that a member
appointed to fill a vacancy on the board shall be appointed to
serve only the remainder of the term of the member whom he or
she is replacing, and may be appointed for a subsequent 3-year
term. Private sector representatives of businesses, appointed by
the Governor pursuant to Pub. L. No. 113-128, shall constitute a
majority of the membership of the board. Private sector
representatives shall be appointed from nominations received by
the Governor, including, but not limited to, those nominations
made by the President of the Senate and the Speaker of the House
of Representatives. Private sector appointments to the state
board must be representative of the business community of this
state; no fewer than one-half of the appointments must be
representative of small businesses, and at least five members
must have economic development experience. Members appointed by
the Governor serve at the pleasure of the Governor and are
eligible for reappointment.
(d) The state board must include the vice chairperson of
the board of directors of Enterprise Florida, Inc., and one
member representing each of the Workforce Innovation and
Opportunity Act partners, including the Division of Career and
Adult Education, and other entities representing programs
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identified in the Workforce Innovation and Opportunity Act, as
determined necessary.
(e) A member of the state board of directors of
CareerSource Florida, Inc., may be removed by the Governor for
cause. Absence from three consecutive meetings results in
automatic removal. The chair of the state board CareerSource
Florida, Inc., shall notify the Governor of such absences.
(f) Representatives of businesses appointed to the state
board of directors may not include providers of workforce
services.
(g) The state board serves as the board of directors of
CareerSource Florida, Inc. The state board shall hire an
executive director for CareerSource Florida, Inc. The executive
director serves as the president, the chief executive officer,
and an employee of CareerSource Florida, Inc. The president of
CareerSource Florida, Inc., serves at the pleasure of the
Governor.
(4)(a) The president of CareerSource Florida, Inc., shall
be hired by the board of directors of CareerSource Florida,
Inc., and shall serve at the pleasure of the Governor in the
capacity of an executive director and secretary of CareerSource
Florida, Inc.
(a)(b) The state board of directors of CareerSource
Florida, Inc., shall meet at least quarterly and at other times
upon the call of its chair. The state board and its committees,
subcommittees, or other subdivisions may use any method of
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telecommunications to conduct meetings, including establishing a
quorum through telecommunications, if the public is given proper
notice of the telecommunications meeting and is given reasonable
access to observe and, if appropriate, participate.
(b)(c) A majority of the total current membership of the
state board of directors of CareerSource Florida, Inc.,
constitutes a quorum and is required to organize and conduct the
business of the state board, except that a majority of the
executive committee is required to adopt or amend the bylaws.
(d) A majority of those voting is required to organize and
conduct the business of the board, except that a majority of the
entire board of directors is required to adopt or amend the
bylaws.
(c)(e) Except as delegated or authorized by the state
board of directors of CareerSource Florida, Inc., individual
members have no authority to control or direct the operations of
CareerSource Florida, Inc., or the actions of its officers and
employees, including the president.
(d)(f) Members of the state board of directors of
CareerSource Florida, Inc., and its committees serve without
compensation, but these members and, the president, and the
employees of CareerSource Florida, Inc., may be reimbursed for
all reasonable, necessary, and actual expenses as provided under
pursuant to s. 112.061.
(e)(g) The state board shall of directors of CareerSource
Florida, Inc., may establish an executive committee consisting
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of the chair and at least six additional board members selected
by the chair, one of whom must be a representative of organized
labor. The executive committee and the president of CareerSource
Florida, Inc., have such authority as the state board delegates
to them, except that the state board of directors may not
delegate to the executive committee authority to take action
that requires approval by a majority of the entire state board
of directors.
(f)(h) The chair may appoint committees to fulfill the
state board's responsibilities, to comply with federal
requirements, or to obtain technical assistance, and must
incorporate members of local workforce development boards into
its structure.
(g)(i) Each member of the state board of directors who is
not otherwise required to file a financial disclosure under
pursuant to s. 8, Art. II of the State Constitution or s.
112.3144 must file disclosure of financial interests under
pursuant to s. 112.3145.
(5) The state board has CareerSource Florida, Inc., shall
have all the powers and authority not explicitly prohibited by
statute which are necessary or convenient to carry out and
effectuate its purposes as determined by statute, Pub. L. No.
113-128, and the Governor, as well as its functions, duties, and
responsibilities, including, but not limited to, the following:
(a) Serving as the state's workforce development board
pursuant to Pub. L. No. 113-128. Unless otherwise required by
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federal law, at least 90 percent of workforce development
funding must go toward direct customer service.
(b) Providing oversight and policy direction to ensure
that the following programs are administered by the department
consistent in compliance with approved plans and under contract
with CareerSource Florida, Inc.:
1. Programs authorized under Title I of the Workforce
Innovation and Opportunity Act, Pub. L. No. 113-128, with the
exception of programs funded directly by the United States
Department of Labor under Title I, s. 167.
2. Programs authorized under the Wagner-Peyser Act of
1933, as amended, 29 U.S.C. ss. 49 et seq.
3. Activities authorized under Title II of the Trade Act
of 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
Adjustment Assistance Program.
4. Activities authorized under 38 U.S.C. chapter 41,
including job counseling, training, and placement for veterans.
5. Employment and training activities carried out under
funds awarded to this state by the United States Department of
Housing and Urban Development.
6. Welfare transition services funded by the Temporary
Assistance for Needy Families Program, created under the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
of the Social Security Act, as amended.
7. The Florida Bonding Program, provided under Pub. L. No.
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97-300, s. 164(a)(1).
8. The Food Assistance Employment and Training Program,
provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
and the Hunger Prevention Act, Pub. L. No. 100-435; and the
Agriculture Improvement Act of 2018, Pub. L. No. 115-334.
9. The Quick-Response Training Program, provided under ss.
288.046-288.047. Matching funds and in-kind contributions that
are provided by clients of the Quick-Response Training Program
shall count toward the requirements of s. 288.904, pertaining to
the return on investment from activities of Enterprise Florida,
Inc.
10. The Work Opportunity Tax Credit, provided under the
Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
11. Offender placement services, provided under ss.
944.707-944.708.
(c)
The department may adopt rules necessary to administer this
chapter which relate to implementing and administering the
programs listed in this paragraph (b) as well as rules related
to eligible training providers and auditing and monitoring
subrecipients of the workforce system grant funds.
(c)(d) Contracting with public and private entities as
necessary to further the directives of this section. All
contracts executed by the state board or CareerSource Florida,
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Inc., must include specific performance expectations and
deliverables. All CareerSource Florida, Inc., contracts,
including those solicited, managed, or paid by the department
under pursuant to s. 20.60(5)(c), are exempt from s. 112.061,
but shall be governed by subsection (1).
(d)(e) Notifying the Governor and the department of
statewide or local workforce development and training needs that
may require policy changes or an update to the state plan
required under s. 445.003, and notifying the Governor, the
President of the Senate, and the Speaker of the House of
Representatives of noncompliance by the department or other
agencies or obstruction of the state board's efforts by such
agencies. Upon such notification, the Executive Office of the
Governor shall assist agencies to bring them into compliance
with state board objectives.
(e)(f) Ensuring that the state does not waste valuable
training resources. The state board's policy is board shall
direct that all resources, including equipment purchased for
training Workforce Innovation and Opportunity Act clients, be
available for use at all times by eligible populations as first
priority users. At times when eligible populations are not
available, such resources shall be used for any other state-
authorized education and training purpose. The state board
CareerSource Florida, Inc., may authorize expenditures to award
suitable framed certificates, pins, or other tokens of
recognition for performance by a local workforce development
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board, its committees and subdivisions, and other units of the
workforce system. The state board CareerSource Florida, Inc.,
may also authorize expenditures for promotional items, such as
t-shirts, hats, or pens printed with messages promoting the
state's workforce system to employers, job seekers, and program
participants. However, such expenditures are subject to federal
regulations applicable to the expenditure of federal funds.
(f)(g) Establishing a dispute resolution process for all
memoranda of understanding or other contracts or agreements
entered into between the department and local workforce
development boards.
(g)(h) Archiving records with the Bureau of Archives and
Records Management of the Division of Library and Information
Services of the Department of State.
(6) The state board CareerSource Florida, Inc., may take
action that it deems necessary to achieve the purposes of this
section, including, but not limited to:
(a) Creating a state employment, education, and training
policy that ensures that programs to prepare workers are
responsive to present and future business and industry needs and
complement the initiatives of Enterprise Florida, Inc.
(b) Establishing policy direction for a funding system
that provides incentives to improve the outcomes of career
education, registered apprenticeship, and work-based learning
programs and that focuses resources on occupations related to
new or emerging industries that add greatly to the value of the
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state's economy.
(c) Establishing a comprehensive policy related to the
education and training of target populations such as those who
have disabilities, are economically disadvantaged, receive
public assistance, are not proficient in English, or are
dislocated workers. This approach should ensure the effective
use of federal, state, local, and private resources in reducing
the need for public assistance.
(d) Designating Institutes of Applied Technology composed
of public and private postsecondary institutions working
together with business and industry to ensure that career
education programs use the most advanced technology and
instructional methods available and respond to the changing
needs of business and industry.
(e) Providing policy direction for a system to project and
evaluate labor market supply and demand using the results of the
Workforce Estimating Conference created in s. 216.136 and the
career education performance standards identified under s.
1008.43.
(f) Reviewing the performance of public programs that are
responsible for economic development, education, employment, and
training. The review must include an analysis of the return on
investment of these programs.
(g) Expanding the occupations identified by the Workforce
Estimating Conference to meet needs created by local emergencies
or plant closings or to capture occupations within emerging
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industries.
(7) By December 1 of each year, the state board
CareerSource Florida, Inc., shall submit to the Governor, the
President of the Senate, the Speaker of the House of
Representatives, the Senate Minority Leader, and the House
Minority Leader a complete and detailed annual report setting
forth:
(a) All audits, including any audit conducted under
subsection (8).
(b) The operations and accomplishments of the state board,
including the programs or entities specified in subsection (6).
(8) Pursuant to his or her own authority or at the
direction of the Legislative Auditing Committee, the Auditor
General may conduct an audit of the state board and CareerSource
Florida, Inc., or the programs or entities created by the state
board CareerSource Florida, Inc. The Office of Program Policy
Analysis and Government Accountability, pursuant to its
authority or at the direction of the Legislative Auditing
Committee, may review the systems and controls related to
performance outcomes and quality of services of the state board
and CareerSource Florida, Inc.
(9) The state board CareerSource Florida, Inc., in
collaboration with the local workforce development boards and
appropriate state agencies and local public and private service
providers, shall establish uniform performance accountability
measures that apply across the core programs to gauge the
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performance of the state and local workforce development boards
in achieving the workforce development strategy.
(a) The performance accountability measures for the core
programs consist of the primary indicators of performance, any
additional indicators of performance, and a state-adjusted level
of performance for each indicator pursuant to Pub. L. No. 113-
128, Title I, s. 116(b).
(b) The performance accountability measures for each local
area consist of the primary indicators of performance, any
additional indicators of performance, and a local level of
performance for each indicator pursuant to Pub. L. No. 113-128.
The local level of performance is determined by the local board,
the chief elected official, and the Governor pursuant to Pub. L.
No. 113-128, Title I, s. 116(c).
(c) Performance accountability measures shall be used to
generate performance reports pursuant to Pub. L. No. 113-128,
Title I, s. 116(d).
(d) The performance accountability measures of success
that are adopted by the state board CareerSource Florida, Inc.,
or the local workforce development boards must be developed in a
manner that provides for an equitable comparison of the relative
success or failure of any service provider in terms of positive
outcomes.
(10) The workforce development strategy for the state
shall be designed by the state board, in consultation with the
department, and approved by the Governor CareerSource Florida,
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Inc. The strategy must include efforts that enlist business,
education, and community support for students to achieve long-
term career goals, ensuring that young people have the academic
and occupational skills required to succeed in the workplace.
The strategy must also assist employers in upgrading or updating
the skills of their employees and assisting workers to acquire
the education or training needed to secure a better job with
better wages. The strategy must assist the state's efforts to
attract and expand job-creating businesses offering high-paying,
high-demand occupations.
(11) The workforce development system must encourage use a
charter-process approach aimed at encouraging local design and
control of service delivery and targeted activities. The state
board, in consultation with the department CareerSource Florida,
Inc., is shall be responsible for ensuring that granting
charters to local workforce development boards that have a
membership consistent with the requirements of federal and state
law and have developed a plan consistent with the state's
workforce development strategy. The plan must specify methods
for allocating the resources and programs in a manner that
eliminates unwarranted duplication, minimizes administrative
costs, meets the existing job market demands and the job market
demands resulting from successful economic development
activities, ensures access to quality workforce development
services for all Floridians, allows for pro rata or partial
distribution of benefits and services, prohibits the creation of
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a waiting list or other indication of an unserved population,
serves as many individuals as possible within available
resources, and maximizes successful outcomes. The state board As
part of the charter process, CareerSource Florida, Inc., shall
establish incentives for effective coordination of federal and
state programs, outline rewards for successful job placements,
and institute collaborative approaches among local service
providers. Local decisionmaking and control shall be important
components for inclusion in this charter application.
(12) CareerSource Florida, Inc., under the direction of
the state board, shall enter into agreement with Space Florida
and collaborate with vocational institutes, community colleges,
colleges, and universities in this state to develop a workforce
development strategy to implement the workforce provisions of s.
331.3051.
(13) The department may consult with the state board to
issue technical assistance letters on the operation of federal
programs and the expenditure of federal funds by the state board
or any local workforce development board. A technical assistance
letter must be in writing, must be posted on the department's
website, and remains in effect until superseded or terminated. A
technical assistance letter is not a rule of general
applicability under s. 120.54 and is not a declaratory statement
issued under s. 120.565 or an order issued under s. 120.569.
Section 120.53 does not apply to technical assistance letters.
Section 4. Section 445.006, Florida Statutes, is amended
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to read:
445.006 State plan for workforce development.—
(1) STATE PLAN.—The state board CareerSource Florida,
Inc., in conjunction with state and local partners in the
workforce system, shall develop a state plan that produces an
educated and skilled workforce. The state plan must consist of
strategic and operational planning elements. The state plan
shall be submitted by the Governor to the United States
Department of Labor pursuant to the requirements of Pub. L. No.
113-128.
(2) STRATEGIC PLANNING ELEMENTS.—The state board
CareerSource Florida, Inc., in conjunction with state and local
partners in the workforce system, shall develop strategic
planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
102, for the state plan.
(a) The strategic planning elements of the state plan must
include, but need not be limited to, strategies for:
1. Fulfilling the workforce system goals and strategies
prescribed in s. 445.004;
2. Aggregating, integrating, and leveraging workforce
system resources;
3. Coordinating the activities of federal, state, and
local workforce system partners;
4. Addressing the workforce needs of small businesses; and
5. Fostering the participation of rural communities and
distressed urban cores in the workforce system.
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(b) The strategic planning elements must include criteria
for allocating workforce resources to local workforce
development boards. With respect to allocating funds to serve
customers of the welfare transition program, such criteria may
include weighting factors that indicate the relative degree of
difficulty associated with securing and retaining employment
placements for specific subsets of the welfare transition
caseload.
(3) OPERATIONAL PLANNING ELEMENTS.—The state board
CareerSource Florida, Inc., in conjunction with state and local
partners in the workforce system, shall develop operational
planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
102, for the state plan.
Section 5. Subsection (1), paragraph (b) of subsection
(2), and subsections (3) through (7) and (9) through (13) of
section 445.007, Florida Statutes, are amended, and paragraph
(c) is added to subsection (2) of that section, to read:
445.007 Local workforce development boards.—
(1) One local workforce development board shall be
appointed in each designated service delivery area and shall
serve as the local workforce development board pursuant to Pub.
L. No. 113-128. The membership of the local board must be
consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
public education or training provider is represented on the
local board, a representative of a private education provider
must also be appointed to the local board. The state board
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CareerSource Florida, Inc., may waive this requirement if
requested by a local workforce development board if it is
demonstrated that such representatives do not exist in the
region. The importance of minority and gender representation
shall be considered when making appointments to the local board.
The local board, its committees, subcommittees, and
subdivisions, and other units of the workforce system, including
units that may consist in whole or in part of local governmental
units, may use any method of telecommunications to conduct
meetings, including establishing a quorum through
telecommunications, provided that the public is given proper
notice of the telecommunications meeting and reasonable access
to observe and, when appropriate, participate. Local workforce
development boards are subject to chapters 119 and 286 and s.
24, Art. I of the State Constitution. If the local workforce
development board enters into a contract with an organization or
individual represented on the local board of directors, the
contract must be approved by a two-thirds vote of the local
board, a quorum having been established, and the local board
member who could benefit financially from the transaction must
abstain from voting on the contract. A local board member must
disclose any such conflict in a manner that is consistent with
the procedures outlined in s. 112.3143. Each member of a local
workforce development board who is not otherwise required to
file a full and public disclosure of financial interests under
pursuant to s. 8, Art. II of the State Constitution or s.
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112.3144 shall file a statement of financial interests under
pursuant to s. 112.3145. The executive director or designated
person responsible for the operational and administrative
functions of the local workforce development board who is not
otherwise required to file a full and public disclosure of
financial interests under pursuant to s. 8, Art. II of the State
Constitution or s. 112.3144 shall file a statement of financial
interests under pursuant to s. 112.3145.
(2)
(b) The Governor may remove a member of the local board,
the executive director of the local board, or the designated
person responsible for the operational and administrative
functions of the local board for cause. As used in this
paragraph, the term "cause" includes, but is not limited to,
engaging in fraud or other criminal acts, incapacity, unfitness,
neglect of duty, official incompetence and irresponsibility,
misfeasance, malfeasance, nonfeasance, or lack of performance.
(c) The chief elected official for the local workforce
development board may remove a member of the local board, the
executive director of the local board, or the designated person
responsible for the operational and administrative functions of
the local board for cause.
(3) The department of Economic Opportunity, under the
direction of CareerSource Florida, Inc., shall assign staff to
meet with each local workforce development board annually to
review the local board's performance and to certify that the
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local board is in compliance with applicable state and federal
law.
(4) In addition to the duties and functions specified by
the state board CareerSource Florida, Inc., and by the
interlocal agreement approved by the local county or city
governing bodies, the local workforce development board shall
have the following responsibilities:
(a) Develop, submit, ratify, or amend the local plan
pursuant to Pub. L. No. 113-128, Title I, s. 108 and this act.
(b) Conclude agreements necessary to designate the fiscal
agent and administrative entity. A public or private entity,
including an entity established under pursuant to s. 163.01,
which makes a majority of the appointments to a local workforce
development board may serve as the local board's administrative
entity if approved by the department CareerSource Florida, Inc.,
based upon a showing that a fair and competitive process was
used to select the administrative entity.
(c) Complete assurances required for the charter process
of CareerSource Florida, Inc., and Provide ongoing oversight
related to administrative costs, duplicated services, career
counseling, economic development, equal access, compliance and
accountability, and performance outcomes.
(d) Oversee the one-stop delivery system in its local
area.
(5) The department, in conjunction with the state board
CareerSource Florida, Inc., shall implement a training program
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for the local workforce development boards to familiarize local
board members with the state's workforce development goals and
strategies.
(6) The local workforce development board shall designate
all local service providers and may not transfer this authority
to a third party. Consistent with the intent of the Workforce
Innovation and Opportunity Act, local workforce development
boards should provide the greatest possible choice of training
providers to those who qualify for training services. A local
workforce development board may not restrict the choice of
training providers based upon cost, location, or historical
training arrangements. However, a local board may restrict the
amount of training resources available to any one client. Such
restrictions may vary based upon the cost of training in the
client's chosen occupational area. The local workforce
development board may be designated as a one-stop operator and
direct provider of intake, assessment, eligibility
determinations, or other direct provider services except
training services. Such designation may occur only with the
agreement of the chief elected official and the Governor as
specified in 29 U.S.C. s. 2832(f)(2). The state board
CareerSource Florida, Inc., shall establish procedures by which
a local workforce development board may request permission to
operate under this section and the criteria under which such
permission may be granted. The criteria shall include, but need
not be limited to, a reduction in the cost of providing the
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permitted services. Such permission shall be granted for a
period not to exceed 3 years for any single request submitted by
the local workforce development board.
(7) Local workforce development boards shall adopt a
committee structure consistent with applicable federal law and
state policies established by the state board CareerSource
Florida, Inc.
(9) For purposes of procurement, local workforce
development boards and their administrative entities are not
state agencies and are exempt from chapters 120 and 287. The
local workforce development boards shall apply the procurement
and expenditure procedures required by federal law and policies
of the department of Economic Opportunity and the state board
CareerSource Florida, Inc., for the expenditure of federal,
state, and nonpass-through funds. The making or approval of
smaller, multiple payments for a single purchase with the intent
to avoid or evade the monetary thresholds and procedures
established by federal law and policies of the department of
Economic Opportunity and the state board CareerSource Florida,
Inc., is grounds for removal for cause. Local workforce
development boards, their administrative entities, committees,
and subcommittees, and other workforce units may authorize
expenditures to award suitable framed certificates, pins, or
other tokens of recognition for performance by units of the
workforce system. Local workforce development boards; their
administrative entities, committees, and subcommittees; and
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other workforce units may authorize expenditures for promotional
items, such as t-shirts, hats, or pens printed with messages
promoting Florida's workforce system to employers, job seekers,
and program participants. However, such expenditures are subject
to federal regulations applicable to the expenditure of federal
funds. All contracts executed by local workforce development
boards must include specific performance expectations and
deliverables.
(10) State and federal funds provided to the local
workforce development boards may not be used directly or
indirectly to pay for meals, food, or beverages for board
members, staff, or employees of local workforce development
boards, the state board CareerSource Florida, Inc., or the
department of Economic Opportunity except as expressly
authorized by state law. Preapproved, reasonable, and necessary
per diem allowances and travel expenses may be reimbursed. Such
reimbursement shall be at the standard travel reimbursement
rates established in s. 112.061 and shall be in compliance with
all applicable federal and state requirements. The department
shall provide fiscal and programmatic guidance CareerSource
Florida, Inc., shall develop a statewide fiscal policy
applicable to the state board, CareerSource Florida, Inc., and
all local workforce development boards, to hold both the state
and local workforce development boards strictly accountable for
adherence to the policy and subject to regular and periodic
monitoring by the department of Economic Opportunity, the
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administrative entity for CareerSource Florida, Inc. Local
boards are prohibited from expending state or federal funds for
entertainment costs and recreational activities for local board
members and employees as these terms are defined by 2 C.F.R.
part 200 230.
(11) To increase transparency and accountability, a local
workforce development board must comply with the requirements of
this section before contracting with a member of the local board
or a relative, as defined in s. 112.3143(1)(c), of a local board
member or of an employee of the local board. Such contracts may
not be executed before or without the prior approval of the
department CareerSource Florida, Inc. Such contracts, as well as
documentation demonstrating adherence to this section as
specified by the department CareerSource Florida, Inc., must be
submitted to the department of Economic Opportunity for review
and approval recommendation according to criteria to be
determined by CareerSource Florida, Inc. Such a contract must be
approved by a two-thirds vote of the local board, a quorum
having been established; all conflicts of interest must be
disclosed before the vote; and any member who may benefit from
the contract, or whose relative may benefit from the contract,
must abstain from the vote. A contract under $25,000 between a
local workforce development board and a member of that board or
between a relative, as defined in s. 112.3143(1)(c), of a local
board member or of an employee of the local board is not
required to have the prior approval of the department
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CareerSource Florida, Inc., but must be approved by a two-thirds
vote of the local board, a quorum having been established, and
must be reported to the department of Economic Opportunity and
the state board CareerSource Florida, Inc., within 30 days after
approval. If a contract cannot be approved by the department
CareerSource Florida, Inc., a review of the decision to
disapprove the contract may be requested by the local workforce
development board or other parties to the disapproved contract.
(12) Each local workforce development board shall develop
a budget for the purpose of carrying out the duties of the local
board under this section, subject to the approval of the chief
elected official. Each local workforce development board shall
submit its annual budget for review to the department
CareerSource Florida, Inc., no later than 2 weeks after the
chair approves the budget.
(13) By March 1, 2018, CareerSource Florida, Inc., shall
establish regional planning areas in accordance with Pub. L. No.
113-128, Title I, s. 106(a)(2). Local workforce development
boards and chief elected officials within identified regional
planning areas shall prepare a regional workforce development
plan as required under Pub. L. No. 113-128, Title I, s.
106(c)(2).
Section 6. Subsections (1) and (4) of section 445.0071,
Florida Statutes, are amended to read:
445.0071 Florida Youth Summer Jobs Pilot Program.—
(1) CREATION.—Contingent upon appropriations, there is
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created the Florida Youth Summer Jobs Pilot Program within
workforce development district 22 served by the Broward
Workforce Development Board. The board shall, in consultation
with the state board CareerSource Florida, Inc., provide a
program offering at-risk and disadvantaged children summer jobs
in partnership with local communities and public employers.
(4) GOVERNANCE.—
(a) The pilot program shall be administered by the local
workforce development board in consultation with the state board
CareerSource Florida, Inc.
(b) The local workforce development board shall report to
the state board and the department CareerSource Florida, Inc.,
the number of at-risk and disadvantaged children who enter the
program, the types of work activities they participate in, and
the number of children who return to school, go on to
postsecondary school, or enter the workforce full time at the
end of the program. The state board CareerSource Florida, Inc.,
shall report to the Legislature by November 1 of each year on
the performance of the program.
Section 7. Subsections (1) and (2) of section 445.008,
Florida Statutes, are amended to read:
445.008 Workforce Training Institute.—
(1) The state board, through CareerSource Florida, Inc.,
may create the Workforce Training Institute, which shall be a
comprehensive program of workforce training courses designed to
meet the unique needs of, and shall include Internet-based
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training modules suitable for and made available to,
professionals integral to the workforce system, including
advisors and counselors in educational institutions.
(2) The state board, through CareerSource Florida, Inc.,
may enter into a contract for the provision of administrative
support services for the institute and shall adopt policies for
the administration and operation of the institute and establish
admission fees in an amount which, in the aggregate, does not
exceed the cost of the program. CareerSource Florida, Inc., may
accept donations or grants of any type for any function or
purpose of the institute. All donations and grants received by
CareerSource Florida, Inc., must be reported to the state board
and the department.
Section 8. Subsections (2), (3), and (4), paragraph (b) of
subsection (6), subsection (7), paragraphs (a), (c), and (d) of
subsection (8), and subsection (9) of section 445.009, Florida
Statutes, are amended to read:
445.009 One-stop delivery system.—
(2)(a) Subject to a process designed by the state board
CareerSource Florida, Inc., and in compliance with Pub. L. No.
113-128, local workforce development boards shall designate one-
stop delivery system operators.
(b) A local workforce development board may designate as
its one-stop delivery system operator any public or private
entity that is eligible to provide services under any state or
federal workforce program that is a mandatory or discretionary
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partner in the local workforce development area's one-stop
delivery system if approved by the department CareerSource
Florida, Inc., upon a showing by the local workforce development
board that a fair and competitive process was used in the
selection. As a condition of authorizing a local workforce
development board to designate such an entity as its one-stop
delivery system operator, the department CareerSource Florida,
Inc., must require the local workforce development board to
demonstrate that safeguards are in place to ensure that the one-
stop delivery system operator will not exercise an unfair
competitive advantage or unfairly refer or direct customers of
the one-stop delivery system to services provided by that one-
stop delivery system operator. A local workforce development
board may retain its current one-stop career center operator
without further procurement action if the local board has an
established one-stop career center that has complied with
federal and state law.
(c) The local workforce development board must enter into
a memorandum of understanding with each mandatory or optional
partner participating in the one-stop delivery system which
details the partner's required contribution to infrastructure
costs, as required by Pub. L. No. 113-128, s. 121(h). If the
local workforce development board and the one-stop partner are
unable to come to an agreement regarding infrastructure costs by
July 1, 2017, the costs shall be allocated pursuant to a policy
established by the Governor.
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(3) Local workforce development boards shall enter into a
memorandum of understanding with the department of Economic
Opportunity for the delivery of employment services authorized
by the federal Wagner-Peyser Act. This memorandum of
understanding must be performance based.
(a) Unless otherwise required by federal law, at least 90
percent of the Wagner-Peyser funding must go into direct
customer service costs.
(b) Employment services must be provided through the one-
stop delivery system, under the guidance of one-stop delivery
system operators. One-stop delivery system operators shall have
overall authority for directing the staff of the workforce
system. Personnel matters shall remain under the ultimate
authority of the department. However, the one-stop delivery
system operator shall submit to the department information
concerning the job performance of employees of the department
who deliver employment services. The department shall consider
any such information submitted by the one-stop delivery system
operator in conducting performance appraisals of the employees.
(c) The department shall retain fiscal responsibility and
accountability for the administration of funds allocated to the
state under the Wagner-Peyser Act. An employee of the department
who is providing services authorized under the Wagner-Peyser Act
shall be paid using Wagner-Peyser Act funds.
(4) One-stop delivery system partners shall enter into a
memorandum of understanding pursuant to Pub. L. No. 113-128,
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Title I, s. 121, with the local workforce development board.
Failure of a local partner to participate cannot unilaterally
block the majority of partners from moving forward with their
one-stop delivery system, and the state board, in conjunction
with the department, may notify the Governor CareerSource
Florida, Inc., pursuant to s. 445.004(5)(e), may make
notification of a local partner that fails to participate.
(6)
(b) To expand electronic capabilities, the state board and
the department CareerSource Florida, Inc., working with local
workforce development boards, shall develop a centralized help
center to assist local workforce development boards in
fulfilling core services, minimizing the need for fixed-site
one-stop delivery system centers.
(7) Intensive services and training provided pursuant to
Pub. L. No. 113-128 shall be provided to individuals through
Intensive Service Accounts and Individual Training Accounts. The
state board CareerSource Florida, Inc., shall develop an
implementation plan, including identification of initially
eligible training providers, transition guidelines, and criteria
for use of these accounts. Individual Training Accounts must be
compatible with Individual Development Accounts for education
allowed in federal and state welfare reform statutes.
(8)(a) Individual Training Accounts must be expended on
programs that prepare people to enter high-wage occupations
identified by the Workforce Estimating Conference created by s.
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216.136, and on other programs recommended by the state board
and approved by the department as approved by CareerSource
Florida, Inc.
(c) The department CareerSource Florida, Inc., shall
periodically review Individual Training Account pricing
schedules developed by local workforce development boards and
present findings and recommendations for process improvement to
the President of the Senate and the Speaker of the House of
Representatives.
(d) To the maximum extent possible, training providers
shall use funding sources other than the funding provided under
Pub. L. No. 113-128. The state board CareerSource Florida, Inc.,
shall develop a system to encourage the leveraging of
appropriated resources for the workforce system and shall report
on such efforts as part of the required annual report.
(9)(a) The state board CareerSource Florida, Inc., working
with the department, shall coordinate among the agencies a plan
for a One-Stop Electronic Network made up of one-stop delivery
system centers and other partner agencies that are operated by
authorized public or private for-profit or not-for-profit
agents. The plan shall identify resources within existing
revenues to establish and support this electronic network for
service delivery that includes Government Services Direct. If
necessary, the plan shall identify additional funding needed to
achieve the provisions of this subsection.
(b) The network shall assure that a uniform method is used
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to determine eligibility for and management of services provided
by agencies that conduct workforce development activities. The
Department of Management Services shall develop strategies to
allow access to the databases and information management systems
of the following systems in order to link information in those
databases with the one-stop delivery system:
1. The Reemployment Assistance Program under chapter 443.
2. The public employment service described in s. 443.181.
3. The public assistance information system used by the
Department of Children and Families and the components related
to temporary cash assistance, food assistance, and Medicaid
eligibility.
4. The Student Financial Assistance System of the
Department of Education.
5. Enrollment in the public postsecondary education
system.
6. Other information systems determined appropriate by the
state board, in consultation with the department CareerSource
Florida, Inc.
Section 9. Section 445.011, Florida Statutes, is amended
to read:
445.011 Workforce information systems.—
(1) The department, in consultation with the state board
CareerSource Florida, Inc., shall implement, subject to
legislative appropriation, automated information systems that
are necessary for the efficient and effective operation and
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management of the workforce development system. These
information systems shall include, but need not be limited to,
the following:
(a) An integrated management system for the one-stop
service delivery system, which includes, at a minimum, common
registration and intake, screening for needs and benefits, case
planning and tracking, training benefits management, service and
training provider management, performance reporting, executive
information and reporting, and customer-satisfaction tracking
and reporting.
1. The system should report current budgeting,
expenditure, and performance information for assessing
performance related to outcomes, service delivery, and financial
administration for workforce programs pursuant to s. 445.004(5)
and (9).
2. The information system should include auditable systems
and controls to ensure financial integrity and valid and
reliable performance information.
3. The system should support service integration and case
management by providing for case tracking for participants in
welfare transition programs.
(b) An automated job-matching information system that is
accessible to employers, job seekers, and other users via the
Internet, and that includes, at a minimum:
1. Skill match information, including skill gap analysis;
resume creation; job order creation; skill tests; job search by
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area, employer type, and employer name; and training provider
linkage;
2. Job market information based on surveys, including
local, state, regional, national, and international occupational
and job availability information; and
3. Service provider information, including education and
training providers, child care facilities and related
information, health and social service agencies, and other
providers of services that would be useful to job seekers.
(2) The department In procuring workforce information
systems, CareerSource Florida, Inc., shall employ competitive
processes, including requests for proposals, competitive
negotiation, and other competitive processes to ensure that the
procurement results in the most cost-effective investment of
state funds.
(3) CareerSource Florida, Inc., may procure independent
verification and validation services associated with developing
and implementing any workforce information system.
(3)(4) The department CareerSource Florida, Inc., shall
coordinate development and implementation of workforce
information systems with the state chief information officer to
ensure compatibility with the state's information system
strategy and enterprise architecture.
Section 10. Subsections (1) and (3) of section 445.014,
Florida Statutes, are amended to read:
445.014 Small business workforce service initiative.—
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(1) Subject to legislative appropriation, the state board
CareerSource Florida, Inc., shall establish a program to
encourage local workforce development boards to establish one-
stop delivery systems that maximize the provision of workforce
and human-resource support services to small businesses. Under
the program, a local workforce development board may apply, on a
competitive basis, for funds to support the provision of such
services to small businesses through the local workforce
development area's one-stop delivery system.
(3) The state board CareerSource Florida, Inc., shall
establish guidelines governing the administration of this
program and shall establish criteria to be used in evaluating
applications for funding. Such criteria must include, but need
not be limited to, a showing that the local workforce
development board has in place a detailed plan for establishing
a one-stop delivery system designed to meet the workforce needs
of small businesses and for leveraging other funding sources in
support of such activities.
Section 11. Paragraphs (b), (c), and (d) of subsection (2)
and subsection (4) of section 445.021, Florida Statutes, are
amended to read:
445.021 Relocation assistance program.—
(2) The relocation assistance program shall involve five
steps by the local workforce development board, in cooperation
with the Department of Children and Families:
(b) A determination that there is a basis for believing
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that relocation will contribute to the ability of the applicant
to achieve self-sufficiency. For example, the applicant:
1. Is unlikely to achieve economic self-sufficiency at the
current community of residence;
2. Has secured a job that provides an increased salary or
improved benefits and that requires relocation to another
community;
3. Has a family support network that will contribute to
job retention in another community;
4. Is determined, pursuant to criteria or procedures
established by the state board of directors of CareerSource
Florida, Inc., to be a victim of domestic violence who would
experience reduced probability of further incidents through
relocation; or
5. Must relocate in order to receive education or training
that is directly related to the applicant's employment or career
advancement.
(c) Establishment of a relocation plan that includes such
requirements as are necessary to prevent abuse of the benefit
and provisions to protect the safety of victims of domestic
violence and avoid provisions that place them in anticipated
danger. The payment to defray relocation expenses shall be
determined based on criteria approved by the state board of
directors of CareerSource Florida, Inc. Participants in the
relocation program shall be eligible for diversion or
transitional benefits.
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(d) A determination, pursuant to criteria adopted by the
state board of directors of CareerSource Florida, Inc., that a
community receiving a relocated family has the capacity to
provide needed services and employment opportunities.
(4) The state board of directors of CareerSource Florida,
Inc., may establish criteria for developing and implementing
relocation plans and for drafting agreements to restrict a
family from applying for temporary cash assistance for a
specified period after receiving a relocation assistance
payment.
Section 12. Section 445.022, Florida Statutes, is amended
to read:
445.022 Retention Incentive Training Accounts.—To promote
job retention and to enable upward job advancement into higher
skilled, higher paying employment, the state board of directors
of CareerSource Florida, Inc., and the local workforce
development boards may assemble a list of programs and courses
offered by postsecondary educational institutions which may be
available to participants who have become employed to promote
job retention and advancement.
(1) The state board of directors of CareerSource Florida,
Inc., may establish Retention Incentive Training Accounts
(RITAs) to use Temporary Assistance to Needy Families (TANF)
block grant funds specifically appropriated for this purpose.
RITAs must complement the Individual Training Account required
by the federal Workforce Innovation and Opportunity Act, Pub. L.
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No. 113-128.
(2) RITAs may pay for tuition, fees, educational
materials, coaching and mentoring, performance incentives,
transportation to and from courses, child care costs during
education courses, and other such costs as the local workforce
development boards determine are necessary to effect successful
job retention and advancement.
(3) Local workforce development boards shall retain only
those courses that continue to meet their performance standards
as established in their local plan.
(4) Local workforce development boards shall report
annually to the Legislature on the measurable retention and
advancement success of each program provider and the
effectiveness of RITAs, making recommendations for any needed
changes or modifications.
Section 13. Paragraph (e) of subsection (5) of section
445.024, Florida Statutes, is amended to read:
445.024 Work requirements.—
(5) USE OF CONTRACTS.—Local workforce development boards
shall provide work activities, training, and other services, as
appropriate, through contracts. In contracting for work
activities, training, or services, the following applies:
(e) The administrative costs associated with a contract
for services provided under this section may not exceed the
applicable administrative cost ceiling established in federal
law. An agency or entity that is awarded a contract under this
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section may not charge more than 7 percent of the value of the
contract for administration unless an exception is approved by
the local workforce development board. A list of any exceptions
approved must be submitted to the state board of directors of
CareerSource Florida, Inc., for review, and the state board may
rescind approval of the exception.
Section 14. Subsection (6) of section 445.026, Florida
Statutes, is amended to read:
445.026 Cash assistance severance benefit.—An individual
who meets the criteria listed in this section may choose to
receive a lump-sum payment in lieu of ongoing cash assistance
payments, provided the individual:
(6) Signs an agreement not to apply for or accept cash
assistance for 6 months after receipt of the one-time payment.
In the event of an emergency, such agreement shall provide for
an exception to this restriction, provided that the one-time
payment shall be deducted from any cash assistance for which the
family subsequently is approved. This deduction may be prorated
over an 8-month period. The state board of directors of
CareerSource Florida, Inc., shall adopt criteria defining the
conditions under which a family may receive cash assistance due
to such emergency.
Such individual may choose to accept a one-time, lump-sum
payment of $1,000 in lieu of receiving ongoing cash assistance.
Such payment shall only count toward the time limitation for the
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month in which the payment is made in lieu of cash assistance. A
participant choosing to accept such payment shall be terminated
from cash assistance. However, eligibility for Medicaid, food
assistance, or child care shall continue, subject to the
eligibility requirements of those programs.
Section 15. Section 445.028, Florida Statutes, is amended
to read:
445.028 Transitional benefits and services.—In cooperation
with the department CareerSource Florida, Inc., the Department
of Children and Families shall develop procedures to ensure that
families leaving the temporary cash assistance program receive
transitional benefits and services that will assist the family
in moving toward self-sufficiency. At a minimum, such procedures
must include, but are not limited to, the following:
(1) Each recipient of cash assistance who is determined
ineligible for cash assistance for a reason other than a work
activity sanction shall be contacted by the workforce system
case manager and provided information about the availability of
transitional benefits and services. Such contact shall be
attempted prior to closure of the case management file.
(2) Each recipient of temporary cash assistance who is
determined ineligible for cash assistance due to noncompliance
with the work activity requirements shall be contacted and
provided information in accordance with s. 414.065(1).
(3) The department, in consultation with the state board
of directors of CareerSource Florida, Inc., shall develop
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informational material, including posters and brochures, to
better inform families about the availability of transitional
benefits and services.
(4) The department CareerSource Florida, Inc., in
cooperation with the Department of Children and Families, shall,
to the extent permitted by federal law, develop procedures to
maximize the utilization of transitional Medicaid by families
who leave the temporary cash assistance program.
Section 16. Section 445.030, Florida Statutes, is amended
to read:
445.030 Transitional education and training.—In order to
assist former recipients of temporary cash assistance who are
working or actively seeking employment in continuing their
training and upgrading their skills, education, or training,
support services may be provided for up to 2 years after the
family is no longer receiving temporary cash assistance. This
section does not constitute an entitlement to transitional
education and training. If funds are not sufficient to provide
services under this section, the state board of directors of
CareerSource Florida, Inc., may limit or otherwise prioritize
transitional education and training.
(1) Education or training resources available in the
community at no additional cost shall be used whenever possible.
(2) Local workforce development boards may authorize child
care or other support services in addition to services provided
in conjunction with employment. For example, a participant who
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is employed full time may receive child care services related to
that employment and may also receive additional child care
services in conjunction with training to upgrade the
participant's skills.
(3) Transitional education or training must be job-
related, but may include training to improve job skills in a
participant's existing area of employment or may include
training to prepare a participant for employment in another
occupation.
(4) A local workforce development board may enter into an
agreement with an employer to share the costs relating to
upgrading the skills of participants hired by the employer. For
example, a local workforce development board may agree to
provide support services such as transportation or a wage
subsidy in conjunction with training opportunities provided by
the employer.
Section 17. Section 445.033, Florida Statutes, is amended
to read:
445.033 Evaluation.—The state board of directors of
CareerSource Florida, Inc., and the Department of Children and
Families shall arrange for evaluation of TANF-funded programs
operated under this chapter, as follows:
(1) If required by federal waivers or other federal
requirements, the state board of directors of CareerSource
Florida, Inc., and the department may provide for evaluation
according to these requirements.
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(2) The state board of directors of CareerSource Florida,
Inc., and the department shall participate in the evaluation of
this program in conjunction with evaluation of the state's
workforce development programs or similar activities aimed at
evaluating program outcomes, cost-effectiveness, or return on
investment, and the impact of time limits, sanctions, and other
welfare reform measures set out in this chapter. Evaluation
shall also contain information on the number of participants in
work experience assignments who obtain unsubsidized employment,
including, but not limited to, the length of time the
unsubsidized job is retained, wages, and the public benefits, if
any, received by such families while in unsubsidized employment.
The evaluation must solicit the input of consumers, community-
based organizations, service providers, employers, and the
general public, and must publicize, especially in low-income
communities, the process for submitting comments.
(3) The state board of directors of CareerSource Florida,
Inc., and the department may share information with and develop
protocols for information exchange with the Florida Education
and Training Placement Information Program.
(4) The state board of directors of CareerSource Florida,
Inc., and the department may initiate or participate in
additional evaluation or assessment activities that will further
the systematic study of issues related to program goals and
outcomes.
(5) In providing for evaluation activities, the state
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board of directors of CareerSource Florida, Inc., and the
department shall safeguard the use or disclosure of information
obtained from program participants consistent with federal or
state requirements. Evaluation methodologies may be used which
are appropriate for evaluation of program activities, including
random assignment of recipients or participants into program
groups or control groups. To the extent necessary or
appropriate, evaluation data shall provide information with
respect to the state, district, or county, or other substate
area.
(6) The state board of directors of CareerSource Florida,
Inc., and the department may contract with a qualified
organization for evaluations conducted under this section.
Section 18. Section 445.035, Florida Statutes, is amended
to read:
445.035 Data collection and reporting.—The Department of
Children and Families and the state board of directors of
CareerSource Florida, Inc., shall collect data necessary to
administer this chapter and make the reports required under
federal law to the United States Department of Health and Human
Services and the United States Department of Agriculture.
Section 19. Subsections (1), (2), and (3), paragraph (b)
of subsection (4), and subsection (5) of section 445.048,
Florida Statutes, are amended to read:
445.048 Passport to Economic Progress program.—
(1) AUTHORIZATION.—Notwithstanding any law to the
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contrary, the state board CareerSource Florida, Inc., in
conjunction with the department and the Department of Children
and Families and the Department of Economic Opportunity, shall
implement a Passport to Economic Progress program consistent
with this section. The state board CareerSource Florida, Inc.,
may designate local workforce development boards to participate
in the program. Expenses for the program may come from
appropriated revenues or from funds otherwise available to a
local workforce development board which may be legally used for
such purposes. The state board CareerSource Florida, Inc., must
consult with the applicable local workforce development boards
and the applicable local offices of the Department of Children
and Families which serve the program areas and must encourage
community input into the implementation process.
(2) WAIVERS.—If the state board CareerSource Florida,
Inc., in consultation with the Department of Children and
Families, finds that federal waivers would facilitate
implementation of the program, the department shall immediately
request such waivers, and the state board CareerSource Florida,
Inc., shall report to the Governor, the President of the Senate,
and the Speaker of the House of Representatives if any refusal
of the federal government to grant such waivers prevents the
implementation of the program. If the state board CareerSource
Florida, Inc., finds that federal waivers to provisions of the
Food Assistance Program would facilitate implementation of the
program, the Department of Children and Families shall
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immediately request such waivers in accordance with s. 414.175.
(3) TRANSITIONAL BENEFITS AND SERVICES.—In order to assist
them in making the transition to economic self-sufficiency,
former recipients of temporary cash assistance participating in
the passport program shall be eligible for the following
benefits and services:
(a) Notwithstanding the time period specified in s.
445.030, transitional education and training support services as
specified in s. 445.030 for up to 4 years after the family is no
longer receiving temporary cash assistance;
(b) Notwithstanding the time period specified in s.
445.031, transitional transportation support services as
specified in s. 445.031 for up to 4 years after the family is no
longer receiving temporary cash assistance; and
(c) Notwithstanding the time period specified in s.
445.032, transitional child care as specified in s. 445.032 for
up to 4 years after the family is no longer receiving temporary
cash assistance.
All other provisions of ss. 445.030, 445.031, and 445.032 apply
to such individuals, as appropriate. This subsection does not
constitute an entitlement to transitional benefits and services.
If funds are insufficient to provide benefits and services under
this subsection, the state board of directors of CareerSource
Florida, Inc., or its agent, may limit such benefits and
services or otherwise establish priorities for the provisions of
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such benefits and services.
(4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.—
(b) The state board CareerSource Florida, Inc., in
cooperation with the department and the Department of Children
and Families and the Department of Economic Opportunity, shall
offer performance-based incentive bonuses as a component of the
Passport to Economic Progress program. The bonuses do not
represent a program entitlement and are contingent on achieving
specific benchmarks prescribed in the self-sufficiency plan. If
the funds appropriated for this purpose are insufficient to
provide this financial incentive, the state board of directors
of CareerSource Florida, Inc., may reduce or suspend the bonuses
in order not to exceed the appropriation or may direct the local
workforce development boards to use resources otherwise given to
the local workforce development board to pay such bonuses if
such payments comply with applicable state and federal laws.
(5) EVALUATIONS AND RECOMMENDATIONS.—The state board
CareerSource Florida, Inc., in conjunction with the department,
the Department of Children and Families, the Department of
Economic Opportunity, and the local workforce development
boards, shall conduct a comprehensive evaluation of the
effectiveness of the program operated under this section.
Evaluations and recommendations for the program shall be
submitted by the state board CareerSource Florida, Inc., as part
of its annual report to the Legislature.
Section 20. Subsections (6), (8), and (13) of section
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445.051, Florida Statutes, are amended to read:
445.051 Individual development accounts.—
(6) The state board CareerSource Florida, Inc., shall
establish procedures for local workforce development boards to
include in their annual program and financial plan an
application to offer an individual development account program
as part of their TANF allocation. These procedures must include,
but need not be limited to, administrative costs permitted for
the fiduciary organization and policies relative to identifying
the match ratio and limits on the deposits for which the match
will be provided in the application process. The state board
CareerSource Florida, Inc., shall establish policies and
procedures necessary to ensure that funds held in an individual
development account are not withdrawn except for one or more of
the qualified purposes described in this section.
(8) The state board CareerSource Florida, Inc., shall
establish procedures for controlling the withdrawal of funds for
uses other than qualified purposes, including specifying
conditions under which an account must be closed.
(13) Pursuant to policy direction by the state board
CareerSource Florida, Inc., the department of Economic
Opportunity shall adopt such rules as are necessary to implement
this act.
Section 21. Subsection (2) of section 445.055, Florida
Statutes, is amended to read:
445.055 Employment advocacy and assistance program
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targeting military spouses and dependents.—
(2) The state board CareerSource Florida, Inc., shall
establish an employment advocacy and assistance program
targeting military spouses and dependents. This program shall
deliver employment assistance services through military family
employment advocates colocated within selected one-stop career
centers. Persons eligible for assistance through this program
include spouses and dependents of active duty military
personnel, Florida National Guard members, and military
reservists.
Section 22. Paragraph (p) of subsection (3) of section
11.45, Florida Statutes, is amended to read:
11.45 Definitions; duties; authorities; reports; rules.—
(3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The
Auditor General may, pursuant to his or her own authority, or at
the direction of the Legislative Auditing Committee, conduct
audits or other engagements as determined appropriate by the
Auditor General of:
(p) CareerSource Florida, Inc., the state board as defined
in s. 445.002, or the programs or entities created by the state
board under CareerSource Florida, Inc., created pursuant to s.
445.004.
Section 23. Paragraph (a) of subsection (5) of section
288.901, Florida Statutes, is amended to read:
288.901 Enterprise Florida, Inc.—
(5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
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(a) In addition to the Governor or his or her designee,
the board of directors shall consist of the following appointed
members:
1. The Commissioner of Education or his or her designee.
2. The Chief Financial Officer or his or her designee.
3. The Attorney General or his or her designee.
4. The Commissioner of Agriculture or his or her designee.
5. The chairperson of the state board as defined in s.
445.002 board of directors of CareerSource Florida, Inc.
6. The Secretary of State or his or her designee.
7. Twelve members from the private sector, six of whom
shall be appointed by the Governor, three of whom shall be
appointed by the President of the Senate, and three of whom
shall be appointed by the Speaker of the House of
Representatives. Members appointed by the Governor are subject
to Senate confirmation.
All board members shall serve without compensation, but are
entitled to receive reimbursement for per diem and travel
expenses pursuant to s. 112.061. Such expenses must be paid out
of funds of Enterprise Florida, Inc.
Section 24. Subsection (5) of section 331.369, Florida
Statutes, is amended to read:
331.369 Space Industry Workforce Initiative.—
(5) The state board as defined in s. 445.002 CareerSource
Florida, Inc., as part of its statutorily prescribed annual
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report to the Legislature, shall provide recommendations for
policies, programs, and funding to enhance the workforce needs
of the aerospace industry.
Section 25. Paragraph (k) of subsection (1) and subsection
(9) of section 413.405, Florida Statutes, are amended to read:
413.405 Florida Rehabilitation Council.—There is created
the Florida Rehabilitation Council to assist the division in the
planning and development of statewide rehabilitation programs
and services, to recommend improvements to such programs and
services, and to perform the functions listed in this section.
(1) The council shall be composed of:
(k) At least one representative of the state board as
defined in s. 445.002 board of directors of CareerSource
Florida, Inc.
(9) In addition to the other functions specified in this
section, the council shall, after consulting with the state
board as defined in s. 445.002 board of directors of
CareerSource Florida, Inc.:
(a) Review, analyze, and advise the division regarding the
performance of the responsibilities of the division under Title
I of the act, particularly responsibilities relating to:
1. Eligibility, including order of selection.
2. The extent, scope, and effectiveness of services
provided.
3. Functions performed by state agencies which affect or
potentially affect the ability of individuals with disabilities
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to achieve employment outcomes under Title I.
(b) In partnership with the division:
1. Develop, agree to, and review state goals and
priorities in accordance with 34 C.F.R. s. 361.29(c); and
2. Evaluate the effectiveness of the vocational
rehabilitation program and submit reports of progress to the
Governor, the President of the Senate, the Speaker of the House
of Representatives, and the United States Secretary of Education
in accordance with 34 C.F.R. s. 361.29(e).
(c) Advise the department and the division and assist in
the preparation of the state plan and amendments to the plan,
applications, reports, needs assessments, and evaluations
required by Title I.
(d) To the extent feasible, conduct a review and analysis
of the effectiveness of, and consumer satisfaction with:
1. The functions performed by state agencies and other
public and private entities responsible for performing functions
for individuals who have disabilities.
2. Vocational rehabilitation services:
a. Provided or paid for from funds made available under
the act or through other public or private sources.
b. Provided by state agencies and other public and private
entities responsible for providing vocational rehabilitation
services to individuals who have disabilities.
3. The employment outcomes achieved by eligible
individuals receiving services under this part, including the
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availability of health or other employment benefits in
connection with those employment outcomes.
(e) Prepare and submit an annual report on the status of
vocational rehabilitation programs in the state to the Governor,
the President of the Senate, the Speaker of the House of
Representatives, and the United States Secretary of Education
and make the report available to the public.
(f) Coordinate with other councils within Florida,
including the Florida Independent Living Council, the advisory
panel established under s. 612(a)(21) of the Individuals with
Disabilities Education Act, 20 U.S.C. s. 1412(a)(21), the State
Planning Council described in s. 124 of the Developmental
Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
15024, the state mental health planning council established
under s. 1914 of the Public Health Service Act, 42 U.S.C. s.
300x-3, and the state board as defined in s. 445.002 board of
directors of CareerSource Florida, Inc.
(g) Advise the department and division and provide for
coordination and the establishment of working relationships
among the department, the division, the Florida Independent
Living Council, and centers for independent living in the state.
(h) Perform other functions that are consistent with the
duties and responsibilities of the council under this section.
Section 26. Section 414.045, Florida Statutes, is amended
to read:
414.045 Cash assistance program.—Cash assistance families
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include any families receiving cash assistance payments from the
state program for temporary assistance for needy families as
defined in federal law, whether such funds are from federal
funds, state funds, or commingled federal and state funds. Cash
assistance families may also include families receiving cash
assistance through a program defined as a separate state
program.
(1) For reporting purposes, families receiving cash
assistance shall be grouped into the following categories. The
department may develop additional groupings in order to comply
with federal reporting requirements, to comply with the data-
reporting needs of the state board as defined in s. 445.002
board of directors of CareerSource Florida, Inc., or to better
inform the public of program progress.
(a) Work-eligible cases.—Work-eligible cases shall
include:
1. Families containing an adult or a teen head of
household, as defined by federal law. These cases are generally
subject to the work activity requirements provided in s. 445.024
and the time limitations on benefits provided in s. 414.105.
2. Families with a parent where the parent's needs have
been removed from the case due to sanction or disqualification
shall be considered work-eligible cases to the extent that such
cases are considered in the calculation of federal participation
rates or would be counted in such calculation in future months.
3. Families participating in transition assistance
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programs.
4. Families otherwise eligible for temporary cash
assistance which receive diversion services, a severance
payment, or participate in the relocation program.
(b) Child-only cases.—Child-only cases include cases that
do not have an adult or teen head of household as defined in
federal law. Such cases include:
1. Children in the care of caretaker relatives, if the
caretaker relatives choose to have their needs excluded in the
calculation of the amount of cash assistance.
2. Families in the Relative Caregiver Program as provided
in s. 39.5085.
3. Families in which the only parent in a single-parent
family or both parents in a two-parent family receive
supplemental security income (SSI) benefits under Title XVI of
the Social Security Act, as amended. To the extent permitted by
federal law, individuals receiving SSI shall be excluded as
household members in determining the amount of cash assistance,
and such cases shall not be considered families containing an
adult. Parents or caretaker relatives who are excluded from the
cash assistance group due to receipt of SSI may choose to
participate in work activities. An individual whose ability to
participate in work activities is limited who volunteers to
participate in work activities shall be assigned to work
activities consistent with such limitations. An individual who
volunteers to participate in a work activity may receive child
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care or support services consistent with such participation.
4. Families in which the only parent in a single-parent
family or both parents in a two-parent family are not eligible
for cash assistance due to immigration status or other
limitation of federal law. To the extent required by federal
law, such cases shall not be considered families containing an
adult.
5. To the extent permitted by federal law and subject to
appropriations, special needs children who have been adopted
pursuant to s. 409.166 and whose adopting family qualifies as a
needy family under the state program for temporary assistance
for needy families. Notwithstanding any provision to the
contrary in s. 414.075, s. 414.085, or s. 414.095, a family
shall be considered a needy family if:
a. The family is determined by the department to have an
income below 200 percent of the federal poverty level;
b. The family meets the requirements of s. 414.095(2) and
(3) related to residence, citizenship, or eligible noncitizen
status; and
c. The family provides any information that may be
necessary to meet federal reporting requirements specified under
Part A of Title IV of the Social Security Act.
6. Families in the Guardianship Assistance Program as
provided in s. 39.6225.
Families described in subparagraph 1., subparagraph 2., or
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subparagraph 3. may receive child care assistance or other
supports or services so that the children may continue to be
cared for in their own homes or in the homes of relatives. Such
assistance or services may be funded from the temporary
assistance for needy families block grant to the extent
permitted under federal law and to the extent funds have been
provided in the General Appropriations Act.
(2) Oversight by the state board as defined in s. 445.002
board of directors of CareerSource Florida, Inc., and the
service delivery and financial planning responsibilities of the
local workforce development boards apply to the families defined
as work-eligible cases in paragraph (1)(a). The department shall
be responsible for program administration related to families in
groups defined in paragraph (1)(b), and the department shall
coordinate such administration with the state board of directors
of CareerSource Florida, Inc., to the extent needed for
operation of the program.
Section 27. Subsection (2) of section 420.622, Florida
Statutes, is amended to read:
420.622 State Office on Homelessness; Council on
Homelessness.—
(2) The Council on Homelessness is created to consist of
17 representatives of public and private agencies who shall
develop policy and advise the State Office on Homelessness. The
council members shall be: the Secretary of Children and
Families, or his or her designee; the executive director of the
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Department of Economic Opportunity, or his or her designee, who
shall advise the council on issues related to rural development;
the State Surgeon General, or his or her designee; the Executive
Director of Veterans' Affairs, or his or her designee; the
Secretary of Corrections, or his or her designee; the Secretary
of Health Care Administration, or his or her designee; the
Commissioner of Education, or his or her designee; the Executive
Director of CareerSource Florida, Inc., or his or her designee;
one representative of the Florida Association of Counties; one
representative of the Florida League of Cities; one
representative of the Florida Supportive Housing Coalition; the
Executive Director of the Florida Housing Finance Corporation,
or his or her designee; one representative of the Florida
Coalition for the Homeless; and four members appointed by the
Governor. The council members shall be nonpaid volunteers and
shall be reimbursed only for travel expenses. The appointed
members of the council shall be appointed to staggered 2-year
terms, and the council shall meet at least four times per year.
The importance of minority, gender, and geographic
representation shall be considered in appointing members to the
council.
Section 28. Subsections (1) and (4) of section 443.171,
Florida Statutes, are amended to read:
443.171 Department of Economic Opportunity and commission;
powers and duties; records and reports; proceedings; state-
federal cooperation.—
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(1) POWERS AND DUTIES.—The Department of Economic
Opportunity shall administer this chapter. The department may
employ persons, make expenditures, require reports, conduct
investigations, and take other action necessary or suitable to
administer this chapter. The department shall annually submit
information to the state board as defined in s. 445.002
CareerSource Florida, Inc., covering the administration and
operation of this chapter during the preceding calendar year for
inclusion in the strategic plan under s. 445.006 and may make
recommendations for amendment to this chapter.
(4) EMPLOYMENT STABILIZATION.—The Department of Economic
Opportunity, under the direction of the state board as defined
in s. 445.002 CareerSource Florida, Inc., shall take all
appropriate steps to reduce and prevent unemployment; to
encourage and assist in the adoption of practical methods of
career training, retraining, and career guidance; to
investigate, recommend, advise, and assist municipalities,
counties, school districts, and the state in the establishment
and operation of reserves for public works to be used in times
of business depression and unemployment; to promote the
reemployment of unemployed workers throughout the state in every
other way that may be feasible; to refer a claimant entitled to
extended benefits to suitable work that meets the criteria of
this chapter; and, to these ends, to carry on and publish the
results of investigations and research studies.
Section 29. Subsection (1) of section 443.181, Florida
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Statutes, is amended to read:
443.181 Public employment service.—
(1) The one-stop delivery system established under s.
445.009 is this state's public employment service as part of the
national system of public employment offices established under
29 U.S.C. s. 49. The Department of Economic Opportunity, under
policy direction from the state board as defined in s. 445.002
CareerSource Florida, Inc., shall cooperate with any official or
agency of the United States having power or duties under 29
U.S.C. ss. 49-49l-1 and shall perform those duties necessary to
secure to this state the funds provided under federal law for
the promotion and maintenance of the state's public employment
service. In accordance with 29 U.S.C. s. 49c, this state accepts
29 U.S.C. ss. 49-49l-1. The department is designated the state
agency responsible for cooperating with the United States
Secretary of Labor under 29 U.S.C. s. 49c. The department shall
appoint sufficient employees to administer this section. The
department may cooperate with or enter into agreements with the
Railroad Retirement Board for the establishment, maintenance,
and use of one-stop career centers.
Section 30. Subsection (1) of section 446.71, Florida
Statutes, is amended to read:
446.71 Everglades Restoration Agricultural Community
Employment Training Program.—
(1) The Department of Economic Opportunity, in cooperation
with the state board as defined in s. 445.002 CareerSource
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Florida, Inc., shall establish the Everglades Restoration
Agricultural Community Employment Training Program within the
Department of Economic Opportunity. The Department of Economic
Opportunity shall use funds appropriated to the program by the
Legislature to provide grants to stimulate and support training
and employment programs that seek to match persons who complete
such training programs to nonagricultural employment
opportunities in areas of high agricultural unemployment, and to
provide other training, educational, and information services
necessary to stimulate the creation of jobs in the areas of high
agricultural unemployment. In determining whether to provide
funds to a particular program, the Department of Economic
Opportunity shall consider the location of the program in
proximity to the program's intended participants.
Section 31. Subsection (9) of section 1011.80, Florida
Statutes, is amended to read:
1011.80 Funds for operation of workforce education
programs.—
(9) The State Board of Education and the state board as
defined in s. 445.002 CareerSource Florida, Inc., shall provide
the Legislature with recommended formulas, criteria, timeframes,
and mechanisms for distributing performance funds. The
commissioner shall consolidate the recommendations and develop a
consensus proposal for funding. The Legislature shall adopt a
formula and distribute the performance funds to the State Board
of Education for Florida College System institutions and school
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districts through the General Appropriations Act. These
recommendations shall be based on formulas that would discourage
low-performing or low-demand programs and encourage through
performance-funding awards:
(a) Programs that prepare people to enter high-wage
occupations identified by the Workforce Estimating Conference
created by s. 216.136 and other programs as approved by the
state board as defined in s. 445.002 CareerSource Florida, Inc.
At a minimum, performance incentives shall be calculated for
adults who reach completion points or complete programs that
lead to specified high-wage employment and to their placement in
that employment.
(b) Programs that successfully prepare adults who are
eligible for public assistance, economically disadvantaged,
disabled, not proficient in English, or dislocated workers for
high-wage occupations. At a minimum, performance incentives
shall be calculated at an enhanced value for the completion of
adults identified in this paragraph and job placement of such
adults upon completion. In addition, adjustments may be made in
payments for job placements for areas of high unemployment.
(c) Programs that are specifically designed to be
consistent with the workforce needs of private enterprise and
regional economic development strategies, as defined in
guidelines set by the state board as defined in s. 445.002
CareerSource Florida, Inc. The state board CareerSource Florida,
Inc., shall develop guidelines to identify such needs and
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strategies based on localized research of private employers and
economic development practitioners.
(d) Programs identified by the state board as defined in
s. 445.002 CareerSource Florida, Inc., as increasing the
effectiveness and cost efficiency of education.
Section 32. Subsection (3) of section 1011.801, Florida
Statutes, is amended to read:
1011.801 Workforce Development Capitalization Incentive
Grant Program.—The Legislature recognizes that the need for
school districts and Florida College System institutions to be
able to respond to emerging local or statewide economic
development needs is critical to the workforce development
system. The Workforce Development Capitalization Incentive Grant
Program is created to provide grants to school districts and
Florida College System institutions on a competitive basis to
fund some or all of the costs associated with the creation or
expansion of workforce development programs that serve specific
employment workforce needs.
(3) The State Board of Education shall give highest
priority to programs that train people to enter high-skill,
high-wage occupations identified by the Workforce Estimating
Conference and other programs approved by the state board as
defined in s. 445.002, CareerSource Florida, Inc.; programs that
train people to enter occupations under the welfare transition
program,; or programs that train for the workforce adults who
are eligible for public assistance, economically disadvantaged,
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disabled, not proficient in English, or dislocated workers. The
State Board of Education shall consider the statewide geographic
dispersion of grant funds in ranking the applications and shall
give priority to applications from education agencies that are
making maximum use of their workforce development funding by
offering high-performing, high-demand programs.
Section 33. Paragraph (b) of subsection (5), subsection
(6), paragraph (b) of subsection (10), and subsection (11) of
section 20.60, Florida Statutes, are amended, and paragraph (c)
is added to subsection (9) of that section, to read:
20.60 Department of Economic Opportunity; creation; powers
and duties.—
(5) The divisions within the department have specific
responsibilities to achieve the duties, responsibilities, and
goals of the department. Specifically:
(c) The Division of Workforce Services shall:
1. Prepare and submit a unified budget request for
workforce development in accordance with chapter 216 for, and in
conjunction with, the state CareerSource Florida, Inc., and its
board as defined in s. 445.002.
2. Ensure that the state appropriately administers federal
and state workforce funding by administering plans and policies
of the state board as defined in s. 445.002 CareerSource
Florida, Inc., under contract with CareerSource Florida, Inc.
The operating budget and midyear amendments thereto must be part
of such contract.
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a. All program and fiscal instructions to local workforce
development boards shall emanate from the Department of Economic
Opportunity pursuant to plans and policies of the state board as
defined in s. 445.002 CareerSource Florida, Inc., which shall be
responsible for all policy directions to the local workforce
development boards.
b. Unless otherwise provided by agreement with the state
board as defined in s. 445.002 CareerSource Florida, Inc.,
administrative and personnel policies of the Department of
Economic Opportunity apply.
3. Implement the state's reemployment assistance program.
The Department of Economic Opportunity shall ensure that the
state appropriately administers the reemployment assistance
program pursuant to state and federal law.
4. Assist in developing the 5-year statewide strategic
plan required by this section.
(6)(a) The Department of Economic Opportunity is the
administrative agency designated for receipt of federal
workforce development grants and other federal funds. The
department shall administer the duties and responsibilities
assigned by the Governor under each federal grant assigned to
the department. The department shall expend each revenue source
as provided by federal and state law and as provided in plans
developed by and agreements with the state board as defined in
s. 445.002 CareerSource Florida, Inc. The department may serve
as the contract administrator for contracts entered into by the
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state board under CareerSource Florida, Inc., pursuant to s.
445.004(5), as directed by CareerSource Florida, Inc.
(b) The Department of Economic Opportunity shall serve as
the designated agency for purposes of each federal workforce
development grant assigned to it for administration. The
department shall carry out the duties assigned to it by the
Governor, under the terms and conditions of each grant. The
department shall have the level of authority and autonomy
necessary to be the designated recipient of each federal grant
assigned to it and shall disburse such grants pursuant to the
plans and policies of the state board as defined in s. 445.002
CareerSource Florida, Inc. The executive director may, upon
delegation from the Governor and pursuant to agreement with the
state board CareerSource Florida, Inc., sign contracts, grants,
and other instruments as necessary to execute functions assigned
to the department. Notwithstanding other provisions of law, the
department shall administer other programs funded by federal or
state appropriations, as determined by the Legislature in the
General Appropriations Act or other law.
(9) The executive director shall:
(c) Serve as the chair of the board of directors of the
Florida Development Finance Corporation.
(10) The department, with assistance from Enterprise
Florida, Inc., shall, by November 1 of each year, submit an
annual report to the Governor, the President of the Senate, and
the Speaker of the House of Representatives on the condition of
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the business climate and economic development in the state.
(b) The report must incorporate annual reports of other
programs, including:
1. Information provided by the Department of Revenue under
s. 290.014.
2. Information provided by enterprise zone development
agencies under s. 290.0056 and an analysis of the activities and
accomplishments of each enterprise zone.
3. The Economic Gardening Business Loan Pilot Program
established under s. 288.1081 and the Economic Gardening
Technical Assistance Pilot Program established under s.
288.1082.
4. A detailed report of the performance of the Black
Business Loan Program and a cumulative summary of quarterly
report data required under s. 288.714.
5. The Rural Economic Development Initiative established
under s. 288.0656.
6. The Florida Unique Abilities Partner Program.
7. A detailed report of the performance of the Florida
Development Finance Corporation and a summary of the
corporation's report that is required under s. 288.9610.
(11) The department shall establish annual performance
standards for Enterprise Florida, Inc., CareerSource Florida,
Inc., the Florida Tourism Industry Marketing Corporation, the
Florida Development Finance Corporation, and Space Florida and
report annually on how these performance measures are being met
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in the annual report required under subsection (10).
Section 34. Subsection (2), paragraphs (a) and (c) of
subsection (3), and subsection (4) of section 288.9604, Florida
Statutes, are amended, and subsection (5) is added to that
section, to read:
288.9604 Creation of the authority.—
(2)(a) The board of directors of the corporation shall
consist of seven members. The executive director of the
department, or his or her designee, shall serve as chair of the
board of directors. The director of the Division of Bond Finance
of the State Board of Administration, or his or her designee,
shall serve as a director on the board. The Governor, subject to
confirmation by the Senate, shall appoint the remaining five
members of the board of directors of the corporation, who shall
be five in number. At least three of the appointed directors of
the corporation must be bankers or persons with experience in
finance, and one of the appointed directors must be an economic
development specialist.
(b) The terms of office for the appointed directors are
for shall be for 4 years after from the date of their
appointment. A vacancy occurring during a term of an appointed
director shall be filled for the unexpired term. An appointed A
director is shall be eligible for reappointment. Each appointed
director shall hold office until his or her successor has been
appointed At least three of the directors of the corporation
shall be bankers who have been selected by the Governor from a
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list of bankers who were nominated by Enterprise Florida, Inc.,
and one of the directors shall be an economic development
specialist.
(3)(a)1. A director may not receive compensation for his
or her services, but is entitled to necessary expenses,
including travel expenses, incurred in the discharge of his or
her duties. Each director shall hold office until his or her
successor has been appointed.
2. Directors are subject to ss. 112.313(1)-(8), (10),
(12), and (15); 112.3135; and 112.3143(2). For purposes of
applying ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
112.3143(2) to activities of directors, directors are shall be
considered public officers and the corporation is shall be
considered their agency.
(c) The directors of the corporation shall annually elect
one of their members as chair and one as vice chair. The
corporation may employ a president, technical experts, and such
other agents and employees, permanent and temporary, as it
requires and determine their qualifications, duties, and
compensation. For such legal services as it requires, the
corporation may employ or retain its own counsel and legal
staff.
(4) The board may remove an appointed a director for
inefficiency, neglect of duty, or misconduct in office. An
appointed director may be removed only after a hearing and only
if he or she has been given a copy of the charges at least 10
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days before such hearing and has had an opportunity to be heard
in person or by counsel. The removal of an appointed a director
creates shall create a vacancy on the board which must shall be
filled pursuant to subsection (2).
(5) This section is repealed October 1, 2022, and October
1 of every fourth year thereafter, unless reviewed and saved
from repeal by the Legislature.
Section 35. In order to implement the changes made by this
act to s. 288.9604, Florida Statutes, the chair and vice chair
of the board of directors of the Florida Development Finance
Corporation on June 30, 2020, shall serve as appointed directors
beginning on July 1, 2020. This act does not affect the terms of
the current directors serving on the board on July 1, 2020.
Section 36. Section 288.9610, Florida Statutes, is amended
to read:
288.9610 Annual reports of Florida Development Finance
Corporation.—On or before 90 days after the close of the Florida
Development Finance Corporation's fiscal year, the corporation
shall submit to the Governor, the Legislature, the Auditor
General, the Department of Economic Opportunity, and the
governing body of each public entity with which it has entered
into an interlocal agreement a complete and detailed report
setting forth:
(1) The results of any audit conducted under pursuant to
s. 11.45.
(2) The activities, operations, and accomplishments of the
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Florida Development Finance Corporation, including the number of
businesses assisted by the corporation.
(3) Its assets, liabilities, income, and operating
expenses at the end of its most recent fiscal year, including a
description of all of its outstanding revenue bonds.
Section 37. A contract or interlocal agreement that exists
before July 1, 2020, between the Florida Development Finance
Corporation, or an entity or agent of the corporation, and any
other entity or person shall remain in effect and be binding on
the successor department, entity, or person responsible for the
program, activity, or function that relates to the contract or
interlocal agreement.
Section 38. This act shall take effect July 1, 2020.
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