January 27, 2021
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HB 1645

1
A bill to be entitled
2An act relating to workforce innovation; amending s.
320.50, F.S., as amended; establishing a separate budget
4for the Agency for Workforce Innovation; providing that
5the agency may serve as contract administrator for
6Workforce Florida, Inc.; removing obsolete language;
7clarifying the organization of the agency; authorizing the
8director to appoint deputy and assistant directors and to
9organize the agency; revising the agency's administrative
10responsibilities; authorizing the agency to provide or
11contract for training of certain employees; deleting
12training requirements; providing for an official seal;
13providing agency rulemaking authority; amending s.
14427.012, F.S.; revising an obsolete reference; amending s.
15445.003, F.S.; removing obsolete references; removing a
16reporting requirement; amending s. 445.004, F.S.;
17clarifying that Workforce Florida, Inc., is exempt from
18chapters 120 and 287, F.S.; removing the voting privileges
19of certain board members; providing a term limit for the
20chair of the board of Workforce Florida, Inc.; increasing
21board members' terms and creating staggered terms;
22clarifying that the President of the Senate and the
23Speaker of the House of Representatives may nominate board
24members; requiring certain board members to have economic
25development experience; removing a requirement that the
26Governor appoint board members 30 days after receiving
27nominations; authorizing the board to use
28telecommunications to conduct meetings; providing that the
29chair of Workforce Florida, Inc., may select executive
30committee members; removing references to certain
31councils; removing obsolete references; exempting
32Workforce Florida, Inc., contracts from certain provisions
33of law; providing expenditure approval to Workforce
34Florida, Inc., for awards and incentives; revising and
35clarifying the state workforce development strategy;
36amending s. 445.006, F.S.; requiring Workforce Florida,
37Inc., to establish an operational plan; clarifying
38references to strategic and operational plans; amending s.
39445.007, F.S.; clarifying that the military representative
40to a regional workforce board shall be a nonvoting member
41subject to certain approval; removing obsolete language;
42allowing the use of telecommunications for meetings;
43providing for the election and terms of regional workforce
44board chairs; providing that regional workforce boards are
45exempt from chapters 120 and 287, F.S.; authorizing
46regional workforce boards to promote activities,
47incentives, and awards under certain circumstances;
48amending s. 445.009, F.S.; removing obsolete references;
49requiring Workforce Florida, Inc., to develop a system for
50leveraging workforce system resources; removing a
51requirement for an alternative financing performance
52outcome measure; amending s. 445.019, F.S.; allowing
53employment programs to be offered to teen parents;
54amending s. 445.020, F.S.; clarifying how determination of
55need criteria will be identified; repealing s. 445.005,
56F.S., relating to First Jobs/First Wages, Better
57Jobs/Better Wages, and High Skills/High Wages Councils of
58Workforce Florida, Inc.; repealing ss. 445.012-445.0125,
59F.S., the Careers for Florida's Future Incentive Grant
60Program; repealing s. 445.013, F.S., relating to challenge
61grants in support of welfare-to-work initiatives;
62repealing ss. 446.21-446.27, F.S., the Florida Youth-at-
63Risk 2000 Pilot Program; providing an effective date.
64
65Be It Enacted by the Legislature of the State of Florida:
66
67     Section 1.  Section 20.50, Florida Statutes, as amended by
68chapter 2004-484, Laws of Florida, is amended to read:
69     20.50  Agency for Workforce Innovation.--There is created
70the Agency for Workforce Innovation within the Department of
71Management Services. The agency shall have be a separate budget
72as provided in the General Appropriations Act entity, and the
73director of the agency shall be the agency head for all
74purposes. The agency shall not be subject to control,
75supervision, or direction by the Department of Management
76Services in any manner, including, but not limited to,
77personnel, purchasing, transactions involving real or personal
78property, and budgetary matters.
79     (1)  The Agency for Workforce Innovation shall ensure that
80the state appropriately administers federal and state workforce
81funding by administering plans and policies of Workforce
82Florida, Inc., under contract with Workforce Florida, Inc. The
83operating budget and midyear amendments thereto must be part of
84such contract.
85     (a)  All program and fiscal instructions to regional
86workforce boards shall emanate from the agency pursuant to plans
87and policies of Workforce Florida, Inc. Workforce Florida, Inc.,
88shall be responsible for all policy directions to the regional
89boards.
90     (b)  Unless otherwise provided by agreement with Workforce
91Florida, Inc., administrative and personnel policies of the
92Agency for Workforce Innovation shall apply.
93     (2)(a)  The Agency for Workforce Innovation is the
94administrative agency designated for receipt of federal
95workforce development grants and other federal funds. The agency
96shall administer the duties and responsibilities assigned by the
97Governor under each federal grant assigned to the agency. The
98agency shall be a separate budget entity and shall expend each
99revenue source as provided by federal and state law and as
100provided in plans developed by and agreements with Workforce
101Florida, Inc. The agency may serve as contract administrator for
102Workforce Florida, Inc., contracts pursuant to s. 445.004(5) as
103directed by Workforce Florida, Inc.
104     (b)  The agency shall prepare and submit as a separate
105budget entity a unified budget request for workforce
106development, in accordance with chapter 216 for, and in
107conjunction with, Workforce Florida, Inc., and its board. The
108head of the agency is the director of Workforce Innovation, who
109shall be appointed by the Governor. The accountability and
110reporting functions of the agency shall be administered by the
111director or his or her designee. These functions shall include
112budget management, financial management, audit, performance
113management standards and controls, assessing outcomes of service
114delivery, and financial administration of workforce programs
115under s. 445.004(5) and (9).     (c)  The agency shall include the
116following offices Within its organizational structure, the
117agency which shall include the following offices have the
118specified responsibilities:
119     1.(a)  The Office of Unemployment Compensation Workforce
120Services shall administer the unemployment compensation program,
121the Rapid Response program, the Work Opportunity Tax Credit
122program, the Alien Labor Certification program, and any other
123programs that are delivered directly by agency staff rather than
124through the one-stop delivery system. The office shall be
125directed by the Deputy Director for Workforce Services, who
126shall be appointed by and serve at the pleasure of the director.
127     2.(b)  The Office of Workforce Program Support and
128Accountability shall administer state merit system program staff
129within the workforce service delivery system, under the policies
130of Workforce Florida, Inc. The office is responsible for
131delivering services through the one-stop delivery system and for
132ensuring that participants in welfare transition programs
133receive case management services, diversion assistance, support
134services, including child care and transportation services,
135Medicaid services, and transition assistance to enable them to
136succeed in the workforce. The office is also responsible for
137program quality assurance, grants and contract management,
138contracting, financial management, and reporting. The office
139shall be directed by the Deputy Director for Program Support and
140Accountability, who shall be appointed by and serve at the
141pleasure of the director. The office is responsible for:
142     1.  Establishing monitoring, quality assurance, and quality
143improvement systems that routinely assess the quality and
144effectiveness of contracted programs and services.
145     2.  Annual review of each regional workforce board and
146administrative entity to ensure that adequate systems of
147reporting and control are in place; that monitoring, quality
148assurance, and quality improvement activities are conducted
149routinely; and that corrective action is taken to eliminate
150deficiencies.
151     (c)  The Office of Early Learning shall administer the
152school readiness system in accordance with s. 411.01 and the
153operational requirements of the Voluntary Prekindergarten
154Education Program in accordance with part V of chapter 1002. The
155office shall be directed by the Deputy Director for Early
156Learning, who shall be appointed by and serve at the pleasure of
157the director.
158     3.(d)  The Office of Agency Support Services is responsible
159for procurement, human resource services, and information
160services including delivering information on labor markets,
161employment, occupations, and performance, and shall implement
162and maintain information systems that are required for the
163effective operation of the one-stop delivery system and the
164school readiness system, including, but not limited to, those
165systems described in s. 445.009. The office shall be directed by
166the Deputy Director for Agency Support Services, who shall be
167appointed by and serve at the pleasure of the director. The
168office is responsible for establishing:
169     1.  Information systems and controls that report reliable,
170timely and accurate fiscal and performance data for assessing
171outcomes, service delivery, and financial administration of
172workforce programs under s. 445.004(5) and (9).
173     2.  Information systems that support service integration
174and case management by providing for case tracking for
175participants in welfare transition programs.
176     3.  Information systems that support the school readiness
177system.
178     (d)  The director of the agency may establish assistant
179director and deputy director positions to administer the
180requirements and functions of the agency. In addition, the
181director may organize and structure the agency to best meet the
182goals and objectives of the agency.
183     (e)  The Unemployment Appeals Commission, authorized by s.
184443.012, is not subject to control, supervision, or direction by
185the Agency for Workforce Innovation in the performance of its
186powers and duties but shall receive any and all support and
187assistance from the agency that is required for the performance
188of its duties.
189     (3)  The Agency for Workforce Innovation shall serve as the
190designated agency for purposes of each federal workforce
191development grant assigned to it for administration. The agency
192shall carry out the duties assigned to it by the Governor, under
193the terms and conditions of each grant. The agency shall have
194the level of authority and autonomy necessary to be the
195designated recipient of each federal grant assigned to it, and
196shall disperse such grants pursuant to the plans and policies of
197Workforce Florida, Inc. The director may, upon delegation from
198the Governor and pursuant to agreement with Workforce Florida,
199Inc., sign contracts, grants, and other instruments as necessary
200to execute functions assigned to the agency. Notwithstanding
201other provisions of law, the following federal grants and other
202funds are assigned for administration to the Agency for
203Workforce Innovation shall administer:
204     (a)  Programs authorized under Title I of the Workforce
205Investment Act of 1998, Pub. L. No. 105-220, except for programs
206funded directly by the United States Department of Labor under
207Title I, s. 167.
208     (b)  Programs authorized under the Wagner-Peyser Act of
2091933, as amended, 29 U.S.C. ss. 49 et seq.
210     (c)  Welfare-to-work grants administered by the United
211States Department of Labor under Title IV, s. 403, of the Social
212Security Act, as amended.
213     (d)  Activities authorized under Title II of the Trade Act
214of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the Trade
215Adjustment Assistance Program.
216     (e)  Activities authorized under chapter 41 of Title 38
217U.S.C., including job counseling, training, and placement for
218veterans.
219     (f)  Employment and training activities carried out under
220the Community Services Block Grant Act, 42 U.S.C. ss. 9901 et
221seq.
222     (g)  Employment and training activities carried out under
223funds awarded to this state by the United States Department of
224Housing and Urban Development.
225     (h)  Designated state and local program expenditures under
226part A of Title IV of the Social Security Act for welfare
227transition workforce services associated with the Temporary
228Assistance for Needy Families Program.
229     (i)  Programs authorized under the National and Community
230Service Act of 1990, 42 U.S.C. ss. 12501 et seq., and the
231Service-America programs, the National Service Trust programs,
232the Civilian Community Corps, the Corporation for National and
233Community Service, the American Conservation and Youth Service
234Corps, and the Points of Light Foundation programs, if such
235programs are awarded to the state.
236     (j)  The Unemployment Compensation program provided
237pursuant to chapter 443.
238     (k)  other programs funded by federal or state
239appropriations, as determined by the Legislature in the General
240Appropriations Act or by law.
241     (4)  The Agency for Workforce Innovation may shall provide
242or contract for training for employees of administrative
243entities and case managers of any contracted providers to ensure
244they have the necessary competencies and skills to provide
245adequate administrative oversight and delivery of the full array
246of client services pursuant to s. 445.004(5)(b). Training
247requirements include, but are not limited to:
248     (a)  Minimum skills, knowledge, and abilities required for
249each classification of program personnel utilized in the
250regional workforce boards' service delivery plans.
251     (b)  Minimum requirements for development of a regional
252workforce board supported personnel training plan to include
253preservice and inservice components.
254     (c)  Specifications or criteria under which any regional
255workforce board may award bonus points or otherwise give
256preference to competitive service provider applications that
257provide minimum criteria for assuring competent case management,
258including, but not limited to, maximum caseload per case
259manager, current staff turnover rate, minimum educational or
260work experience requirements, and a differentiated compensation
261plan based on the competency levels of personnel.
262     (d)  Minimum skills, knowledge, and abilities required for
263contract management, including budgeting, expenditure, and
264performance information related to service delivery and
265financial administration, monitoring, quality assurance and
266improvement, and standards of conduct for employees of regional
267workforce boards and administrative entities specifically
268related to carrying out contracting responsibilities.
269     (5)  The Agency for Workforce Innovation shall have an
270official seal by which its records, orders, and proceedings are
271authenticated and judicially noticed.
272     (6)  The Agency for Workforce Innovation may adopt rules
273that relate to implementing and administering the programs
274listed in s. 445.004(5)(b) as well as rules related to eligible
275training providers and auditing and monitoring subrecipients of
276workforce system grant funds.
277     Section 2.  Paragraph (d) of subsection (1) of section
278427.012, Florida Statutes, is amended to read:
279     427.012  The Commission for the Transportation
280Disadvantaged.--There is created the Commission for the
281Transportation Disadvantaged in the Department of
282Transportation.
283     (1)  The commission shall consist of the following members:
284     (d)  The executive director of the Agency for Workforce
285Innovation or the director's designee. The secretary of the
286Department of Labor and Employment Security or the secretary's
287designee.
288     Section 3.  Subsections (3) through (6) of section 445.003,
289Florida Statutes, are amended to read:
290     445.003  Implementation of the federal Workforce Investment
291Act of 1998.--
292     (3)  FUNDING.--
293     (a)  Title I, Workforce Investment Act of 1998 funds;
294Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
295based on the 5-year plan of Workforce Florida, Inc. The plan
296shall outline and direct the method used to administer and
297coordinate various funds and programs that are operated by
298various agencies. The following provisions shall also apply to
299these funds:
300     1.  At least 50 percent of the Title I funds for Adults and
301Dislocated Workers that are passed through to regional workforce
302boards shall be allocated to Individual Training Accounts unless
303a regional workforce board obtains a waiver from Workforce
304Florida, Inc. Tuition and, fees, and performance-based incentive
305awards paid in compliance with Florida's Performance-Based
306Incentive Fund Program qualify as an Individual Training Account
307expenditure, as do other programs developed by regional
308workforce boards in compliance with policies of Workforce
309Florida, Inc.
310     2.  Fifteen percent of Title I funding shall be retained at
311the state level and shall be dedicated to state administration
312and used to design, develop, induce, and fund innovative
313Individual Training Account pilots, demonstrations, and
314programs. Of such funds retained at the state level, $2 million
315shall be reserved for the Incumbent Worker Training Program,
316created under subparagraph 3. Eligible state administration
317costs include the costs of: funding for the board and staff of
318Workforce Florida, Inc.; operating fiscal, compliance, and
319management accountability systems through Workforce Florida,
320Inc.; conducting evaluation and research on workforce
321development activities; and providing technical and capacity
322building assistance to regions at the direction of Workforce
323Florida, Inc. Notwithstanding s. 445.004, such administrative
324costs shall not exceed 25 percent of these funds. An amount not
325to exceed 75 percent of these funds shall be allocated to
326Individual Training Accounts and other workforce development
327strategies for: the Minority Teacher Education Scholars program,
328the Certified Teacher-Aide program, the Self-Employment
329Institute, and other training designed and tailored by Workforce
330Florida, Inc., including, but not limited to, programs for
331incumbent workers, displaced homemakers, nontraditional
332employment, empowerment zones, and enterprise zones. Workforce
333Florida, Inc., shall design, adopt, and fund Individual Training
334Accounts for distressed urban and rural communities.
335     3.  The Incumbent Worker Training Program is created for
336the purpose of providing grant funding for continuing education
337and training of incumbent employees at existing Florida
338businesses. The program will provide reimbursement grants to
339businesses that pay for preapproved, direct, training-related
340costs.
341     a.  The Incumbent Worker Training Program will be
342administered by Workforce Florida, Inc. Workforce Florida, Inc.,
343at its discretion, may contract with a private business
344organization to serve as grant administrator.
345     b.  To be eligible for the program's grant funding, a
346business must have been in operation in Florida for a minimum of
3471 year prior to the application for grant funding; have at least
348one full-time employee; demonstrate financial viability; and be
349current on all state tax obligations. Priority for funding shall
350be given to businesses with 25 employees or fewer, businesses in
351rural areas, businesses in distressed inner-city areas,
352businesses in a qualified targeted industry, businesses whose
353grant proposals represent a significant upgrade in employee
354skills, or businesses whose grant proposals represent a
355significant layoff avoidance strategy.
356     c.  All costs reimbursed by the program must be preapproved
357by Workforce Florida, Inc., or the grant administrator. The
358program will not reimburse businesses for trainee wages, the
359purchase of capital equipment, or the purchase of any item or
360service that may possibly be used outside the training project.
361A business approved for a grant may be reimbursed for
362preapproved, direct, training-related costs including tuition
363and fees; books and training classroom materials; and overhead
364or indirect costs not to exceed 5 percent of the grant amount.
365     d.  A business that is selected to receive grant funding
366must provide a matching contribution to the training project,
367including, but not limited to, wages paid to trainees or the
368purchase of capital equipment used in the training project; must
369sign an agreement with Workforce Florida, Inc., or the grant
370administrator to complete the training project as proposed in
371the application; must keep accurate records of the project's
372implementation process; and must submit monthly or quarterly
373reimbursement requests with required documentation.
374     e.  All Incumbent Worker Training Program grant projects
375shall be performance-based with specific measurable performance
376outcomes, including completion of the training project and job
377retention. Workforce Florida, Inc., or the grant administrator
378shall withhold the final payment to the grantee until a final
379grant report is submitted and all performance criteria specified
380in the grant contract have been achieved.
381     f.  Workforce Florida, Inc., may establish guidelines
382necessary to implement the Incumbent Worker Training Program.
383     g.  No more than 10 percent of the Incumbent Worker
384Training Program's total appropriation may be used for overhead
385or indirect purposes.
386     h.  Workforce Florida, Inc., shall submit a report to the
387Legislature on the financial and general operations of the
388Incumbent Worker Training Program. Such report will be due
389before October 1 of any fiscal year for which the program is
390funded by the Legislature.
391     4.  At least 50 percent of Rapid Response funding shall be
392dedicated to Intensive Services Accounts and Individual Training
393Accounts for dislocated workers and incumbent workers who are at
394risk of dislocation. Workforce Florida, Inc., shall also
395maintain an Emergency Preparedness Fund from Rapid Response
396funds which will immediately issue Intensive Service Accounts
397and Individual Training Accounts as well as other federally
398authorized assistance to eligible victims of natural or other
399disasters. At the direction of the Governor, for events that
400qualify under federal law, these Rapid Response funds shall be
401released to regional workforce boards for immediate use. Funding
402shall also be dedicated to maintain a unit at the state level to
403respond to Rapid Response emergencies around the state, to work
404with state emergency management officials, and to work with
405regional workforce boards. All Rapid Response funds must be
406expended based on a plan developed by Workforce Florida, Inc.,
407and approved by the Governor.
408     (b)  The administrative entity for Title I, Workforce
409Investment Act of 1998 funds, and Rapid Response activities,
410shall be the Agency for Workforce Innovation, which shall
411provide direction to regional workforce boards regarding Title I
412programs and Rapid Response activities pursuant to the direction
413of Workforce Florida, Inc.
414     (4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
415MODIFICATIONS.--
416     (a)  Workforce Florida, Inc., may provide indemnification
417from audit liabilities to regional workforce boards that act in
418full compliance with state law and the board's policies.
419     (b)  Workforce Florida, Inc., may negotiate and settle all
420outstanding issues with the United States Department of Labor
421relating to decisions made by Workforce Florida, Inc., any
422predecessor workforce organization, and the Legislature with
423regard to the Job Training Partnership Act, making settlements
424and closing out all JTPA program year grants.
425     (c)  Workforce Florida, Inc., may make modifications to the
426state's plan, policies, and procedures to comply with federally
427mandated requirements that in its judgment must be complied with
428to maintain funding provided pursuant to Pub. L. No. 105-220.
429The board shall notify in writing the Governor, the President of
430the Senate, and the Speaker of the House of Representatives
431within 30 days after any such changes or modifications.
432     (5)  The Department of Labor and Employment Security shall
433phase-down JTPA duties before the federal program is abolished
434July 1, 2000. Outstanding accounts and issues shall be completed
435prior to transfer to the Agency for Workforce Innovation.
436     (5)(6)  LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.--
437     (a)  Workforce Florida, Inc., may recommend
438workforce-related divisions, bureaus, units, programs, duties,
439commissions, boards, and councils that can be eliminated,
440consolidated, or privatized.
441     (b)  The Office of Program Policy Analysis and Government
442Accountability shall review the workforce development system, as
443established by this act. The office shall submit its final
444report and recommendations by December 31, 2002, to the
445President of the Senate and the Speaker of the House of
446Representatives.
447     Section 4.  Section 445.004, Florida Statutes, is amended
448to read:
449     445.004  Workforce Florida, Inc.; creation; purpose;
450membership; duties and powers.--
451     (1)  There is created a not-for-profit corporation, to be
452known as "Workforce Florida, Inc.," which shall be registered,
453incorporated, organized, and operated in compliance with chapter
454617, and which shall not be a unit or entity of state government
455and shall therefore be exempt from chapters 120 and 287.
456Workforce Florida, Inc., shall be administratively housed within
457the Agency for Workforce Innovation; however, Workforce Florida,
458Inc., shall not be subject to control, supervision, or direction
459by the Agency for Workforce Innovation in any manner. The
460Legislature determines, however, that public policy dictates
461that Workforce Florida, Inc., operate in the most open and
462accessible manner consistent with its public purpose. To this
463end, the Legislature specifically declares that Workforce
464Florida, Inc., its board, councils, and any advisory committees
465or similar groups created by Workforce Florida, Inc., are
466subject to the provisions of chapter 119 relating to public
467records, and those provisions of chapter 286 relating to public
468meetings.
469     (2)  Workforce Florida, Inc., is the principal workforce
470policy organization for the state. The purpose of Workforce
471Florida, Inc., is to design and implement strategies that help
472Floridians enter, remain in, and advance in the workplace,
473becoming more highly skilled and successful, benefiting these
474Floridians, Florida businesses, and the entire state, and to
475assist in developing the state's business climate.
476     (3)(a)  Workforce Florida, Inc., shall be governed by a
477board of directors, the number of directors to be determined by
478the Governor, whose membership and appointment must be
479consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
480contain one member representing the licensed nonpublic
481postsecondary educational institutions authorized as individual
482training account providers, one member from the staffing service
483industry, at least one member who is a current or former
484recipient of welfare transition services as defined in s.
485445.002(3) or workforce services as provided in s. 445.009(1),
486and five representatives of organized labor who shall be
487appointed by the Governor. Members described in Pub. L. No. 105-
488220, Title I, s. 111(b)(1)(C)(vi) shall be nonvoting members.
489Notwithstanding s. 114.05(1)(f), the Governor may appoint
490remaining members to Workforce Florida, Inc., from the current
491Workforce Development Board and the WAGES Program State Board of
492Directors, established pursuant to chapter 96-175, Laws of
493Florida, to serve on the reconstituted board. By July 1, 2000,
494the Workforce Development Board will provide to the Governor a
495transition plan to incorporate the changes required by this act
496and Pub. L. No. 105-220, specifying the manner of changes to the
497board. This plan shall govern the transition, unless otherwise
498notified by the Governor. The importance of minority, gender,
499and geographic representation shall be considered when making
500appointments to the board.
501     (b)  The board of directors of Workforce Florida, Inc.,
502shall be chaired by a board member designated by the Governor
503pursuant to Pub. L. No. 105-220 and shall serve no more than two
504terms.
505     (c)  Members appointed by the Governor must be appointed
506for 3-year 2-year terms. However, in order to establish
507staggered terms for all board members' terms that commenced on
508July 1, 2004, the Governor shall appoint or reappoint one-third
509of the board members for 1-year terms, appoint or reappoint
510another third of the board members for 2-year terms, and appoint
511or reappoint the remaining third of the board members for 3-year
512terms. Following the July 1, 2004, appointment or reappointment
513of the entire board, the Governor shall appoint or reappoint
514board members for exclusively 3-year terms, except that when a
515board member is replaced prior to the end of that board member's
5163-year term, his or her replacement shall be appointed to serve
517only the remainder of the 3-year term, after which the
518replacement may be appointed for a full 3-year term. Private
519sector representatives of businesses, appointed by the Governor
520pursuant to Pub. L. No. 105-220, shall constitute a majority of
521the membership of the board. Private sector representatives
522shall be appointed from nominations received by the Governor,
523including, but not limited to, those nominations made by the
524President of the Senate and the Speaker of the House of
525Representatives from any member of the Legislature. A member of
526the Legislature may submit more than one board nomination to the
527Governor through his or her respective presiding officer.
528Private sector appointments to the board shall be representative
529of the business community of this state, and no less than one-
530half of the appointments to the board must be representative of
531small businesses and at least five members shall have economic
532development experience. Members appointed by the Governor serve
533at the pleasure of the Governor and are eligible for
534reappointment.
535     (d)  The Governor shall appoint members to the board of
536directors of Workforce Florida, Inc., within 30 days after the
537receipt of a sufficient number of nominations.
538     (d)(e)  A member of the board of directors of Workforce
539Florida, Inc., may be removed by the Governor for cause. Absence
540from three consecutive meetings results in automatic removal.
541The chair of Workforce Florida, Inc., shall notify the Governor
542of such absences.
543     (e)(f)  Representatives of businesses appointed to the
544board of directors may not include providers of workforce
545services.
546     (4)(a)  The president of Workforce Florida, Inc., shall be
547hired by the board of directors of Workforce Florida, Inc., and
548shall serve at the pleasure of the Governor in the capacity of
549an executive director and secretary of Workforce Florida, Inc.
550     (b)  The board of directors of Workforce Florida, Inc.,
551shall meet at least quarterly and at other times upon call of
552its chair. The board and its committees, subcommittees, and
553other subdivisions may use any method of telecommunications to
554conduct meetings, including establishing a quorum through
555telecommunications, provided that the public is given proper
556notice of the telecommunicated meeting and is given reasonable
557access to observe and, when appropriate, participate.
558     (c)  A majority of the total current membership of the
559board of directors of Workforce Florida, Inc., comprises a
560quorum of the board.
561     (d)  A majority of those voting is required to organize and
562conduct the business of the board, except that a majority of the
563entire board of directors is required to adopt or amend the
564bylaws operational plan.
565     (e)  Except as delegated or authorized by the board of
566directors of Workforce Florida, Inc., individual members have no
567authority to control or direct the operations of Workforce
568Florida, Inc., or the actions of its officers and employees,
569including the president.
570     (f)  Members of the board of directors of Workforce
571Florida, Inc., and its committees shall serve without
572compensation, but these members, the president, and all
573employees of Workforce Florida, Inc., may be reimbursed for all
574reasonable, necessary, and actual expenses pursuant to s.
575112.061.
576     (g)  The board of directors of Workforce Florida, Inc., may
577establish an executive committee consisting of the chair and at
578least six additional board members selected by the chair board
579of directors, one of whom must be a representative of organized
580labor. The executive committee and the president shall have such
581authority as the board delegates to it, except that the board of
582directors may not delegate to the executive committee authority
583to take action that requires approval by a majority of the
584entire board of directors.
585     (h)  The chair may appoint committees to fulfill its
586responsibilities, to comply with federal requirements, or to
587obtain technical assistance, and must incorporate members of
588regional workforce development boards into its structure. At a
589minimum, the chair shall establish the following standing
590councils: the First Jobs/First Wages Council, the Better
591Jobs/Better Wages Council, and the High Skills/High Wages
592Council. For purposes of Pub. L. No. 105-220, the First
593Jobs/First Wages Council shall serve as the state's youth
594council.
595     (i)  Each member of the board of directors who is not
596otherwise required to file a financial disclosure pursuant to s.
5978, Art. II of the State Constitution or s. 112.3144 must file
598disclosure of financial interests pursuant to s. 112.3145.
599     (5)  Workforce Florida, Inc., shall have all the powers and
600authority, not explicitly prohibited by statute, necessary or
601convenient to carry out and effectuate the purposes as
602determined by statute, Pub. L. No. 105-220, and the Governor, as
603well as its functions, duties, and responsibilities, including,
604but not limited to, the following:
605     (a)  Serving as the state's Workforce Investment Board
606pursuant to Pub. L. No. 105-220. Unless otherwise required by
607federal law, at least 90 percent of the workforce development
608funding must go into direct customer service costs.
609     (b)  Providing oversight and policy direction to ensure
610that the following programs are administered by the Agency for
611Workforce Innovation in compliance with approved plans and under
612contract with Workforce Florida, Inc.:
613     1.  Programs authorized under Title I of the Workforce
614Investment Act of 1998, Pub. L. No. 105-220, with the exception
615of programs funded directly by the United States Department of
616Labor under Title I, s. 167.
617     2.  Programs authorized under the Wagner-Peyser Act of
6181933, as amended, 29 U.S.C. ss. 49 et seq.
619     3.  Welfare-to-work grants administered by the United
620States Department of Labor under Title IV, s. 403, of the Social
621Security Act, as amended.
622     3.4.  Activities authorized under Title II of the Trade Act
623of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the Trade
624Adjustment Assistance Program.
625     4.5.  Activities authorized under 38 U.S.C., chapter 41,
626including job counseling, training, and placement for veterans.
627     6.  Employment and training activities carried out under
628the Community Services Block Grant Act, 42 U.S.C. ss. 9901 et
629seq.
630     5.7.  Employment and training activities carried out under
631funds awarded to this state by the United States Department of
632Housing and Urban Development.
633     6.8.  Welfare transition services funded by the Temporary
634Assistance for Needy Families Program, created under the
635Personal Responsibility and Work Opportunity Reconciliation Act
636of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
637of the Social Security Act, as amended.
638     7.9.  Displaced homemaker programs, provided under s.
639446.50.
640     8.10.  The Florida Bonding Program, provided under Pub. L.
641No. 97-300, s. 164(a)(1).
642     9.11.  The Food Stamp Employment and Training Program,
643provided under the Food Stamp Act of 1977, U.S.C. ss. 2011-2032;
644the Food Security Act of 1988, Pub. L. No. 99-198; and the
645Hunger Prevention Act, Pub. L. No. 100-435.
646     10.12.  The Quick-Response Training Program, provided under
647ss. 288.046-288.047. Matching funds and in-kind contributions
648that are provided by clients of the Quick-Response Training
649Program shall count toward the requirements of s.
650288.90151(5)(d), pertaining to the return on investment from
651activities of Enterprise Florida, Inc.
652     11.13.  The Work Opportunity Tax Credit, provided under the
653Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
654and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
655     12.14.  Offender placement services, provided under ss.
656944.707-944.708.
657     15.  Programs authorized under the National and Community
658Service Act of 1990, 42 U.S.C. ss. 12501 et seq., and the
659Service-America programs, the National Service Trust programs,
660the Civilian Community Corps, the Corporation for National and
661Community Service, the American Conservation and Youth Service
662Corps, and the Points of Light Foundation programs, if such
663programs are awarded to the state.
664     (c)  Contracting with public and private entities as
665necessary to further the directives of this section. All
666contracts executed by Workforce Florida, Inc., must include
667specific performance expectations and deliverables. All
668Workforce Florida, Inc., contracts, including those solicited,
669managed, or paid by the Agency for Workforce Innovation pursuant
670to s. 20.50(2), are exempt from s. 112.061 and chapters 120 and
671287.
672     (d)  Notifying the Governor, the President of the Senate,
673and the Speaker of the House of Representatives of noncompliance
674by the Agency for Workforce Innovation or other agencies or
675obstruction of the board's efforts by such agencies. Upon such
676notification, the Executive Office of the Governor shall assist
677agencies to bring them into compliance with board objectives.
678     (e)  Ensuring that the state does not waste valuable
679training resources. Thus, the board shall direct that all
680resources, including equipment purchased for training Workforce
681Investment Act clients, be available for use at all times by
682eligible populations as first priority users. At times when
683eligible populations are not available, such resources shall be
684used for any other state authorized education and training
685purpose. Workforce Florida, Inc., may pay for appropriate
686promotional activities, incentives, and awards for performance
687by regional workforce boards, its committees and subdivisions,
688and other units of the state's workforce system. Expenditures
689for such activities, incentives, and awards shall not be subject
690to chapter 287 or chapter 17, including rules adopted
691thereunder. However, all expenditures for such activities,
692incentives, and awards shall be exclusively subject to federal
693rules and regulations applicable to expenditure of federal
694funds.
695     (f)  Archiving records with the Bureau of Archives and
696Records Management of the Division of Library and Information
697Services of the Department of State.
698     (6)  Workforce Florida, Inc., may take action that it deems
699necessary to achieve the purposes of this section, including,
700but not limited to:
701     (a)  Creating a state employment, education, and training
702policy that ensures that programs to prepare workers are
703responsive to present and future business and industry needs and
704complement the initiatives of Enterprise Florida, Inc.
705     (b)  Establishing policy direction for a funding system
706that provides incentives to improve the outcomes of career
707education programs, and of registered apprenticeship and work-
708based learning programs, and that focuses resources on
709occupations related to new or emerging industries that add
710greatly to the value of the state's economy.
711     (c)  Establishing a comprehensive policy related to the
712education and training of target populations such as those who
713have disabilities, are economically disadvantaged, receive
714public assistance, are not proficient in English, or are
715dislocated workers. This approach should ensure the effective
716use of federal, state, local, and private resources in reducing
717the need for public assistance.
718     (d)  Designating Institutes of Applied Technology composed
719of public and private postsecondary institutions working
720together with business and industry to ensure that career
721education programs use the most advanced technology and
722instructional methods available and respond to the changing
723needs of business and industry.
724     (e)  Providing policy direction for a system to project and
725evaluate labor market supply and demand using the results of the
726Workforce Estimating Conference created in s. 216.136 and the
727career education performance standards identified under s.
7281008.43.
729     (f)  Reviewing the performance of public programs that are
730responsible for economic development, education, employment, and
731training. The review must include an analysis of the return on
732investment of these programs.
733     (g)  Expanding the occupations identified by the Workforce
734Estimating Conference to meet needs created by local emergencies
735or plant closings or to capture occupations within emerging
736industries.
737     (7)  By December 1 of each year, Workforce Florida, Inc.,
738shall submit to the Governor, the President of the Senate, the
739Speaker of the House of Representatives, the Senate Minority
740Leader, and the House Minority Leader a complete and detailed
741annual report setting forth:
742     (a)  All audits, including the audit in subsection (8), if
743conducted.
744     (b)  The operations and accomplishments of the board
745partnership including the programs or entities listed in
746subsection (6).
747     (8)  The Auditor General may, pursuant to his or her own
748authority or at the direction of the Legislative Auditing
749Committee, conduct an audit of Workforce Florida, Inc., or the
750programs or entities created by Workforce Florida, Inc. The
751Office of Program Policy Analysis and Government Accountability,
752pursuant to its authority or at the direction of the Legislative
753Auditing Committee, may review the systems and controls related
754to performance outcomes and quality of services of Workforce
755Florida, Inc.
756     (9)  Workforce Florida, Inc., in collaboration with the
757regional workforce boards and appropriate state agencies and
758local public and private service providers, and in consultation
759with the Office of Program Policy Analysis and Government
760Accountability, shall establish uniform measures and standards
761to gauge the performance of the workforce development strategy.
762These measures and standards must be organized into three
763outcome tiers.
764     (a)  The first tier of measures must be organized to
765provide benchmarks for systemwide outcomes. Workforce Florida,
766Inc., must, in collaboration with the Office of Program Policy
767Analysis and Government Accountability, establish goals for the
768tier-one outcomes. Systemwide outcomes may include employment in
769occupations demonstrating continued growth in wages; continued
770employment after 3, 6, 12, and 24 months; reduction in and
771elimination of public assistance reliance; job placement;
772employer satisfaction; and positive return on investment of
773public resources.
774     (b)  The second tier of measures must be organized to
775provide a set of benchmark outcomes for the initiatives of the
776First Jobs/First Wages Council, the Better Jobs/Better Wages
777Council, and the High Skills/High Wages Council and for each of
778the strategic components of the workforce development strategy.
779Cost per entered employment, earnings at placement, retention in
780employment, job placement, and entered employment rate must be
781included among the performance outcome measures.
782     (c)  The third tier of measures must be the operational
783output measures to be used by the agency implementing programs,
784and it may be specific to federal requirements. The tier-three
785measures must be developed by the agencies implementing
786programs, and Workforce Florida, Inc., may be consulted in this
787effort. Such measures must be reported to Workforce Florida,
788Inc., by the appropriate implementing agency.
789     (d)  Regional differences must be reflected in the
790establishment of performance goals and may include job
791availability, unemployment rates, average worker wage, and
792available employable population.
793     (e)  Job placement must be reported pursuant to s. 1008.39.
794Positive outcomes for providers of education and training must
795be consistent with ss. 1008.42 and 1008.43.
796     (f)  The uniform measures of success that are adopted by
797Workforce Florida, Inc., or the regional workforce boards must
798be developed in a manner that provides for an equitable
799comparison of the relative success or failure of any service
800provider in terms of positive outcomes.
801     (g)  By December 1 of each year, Workforce Florida, Inc.,
802shall provide the Legislature with a report detailing the
803performance of Florida's workforce development system, as
804reflected in the three-tier measurement system. Additionally,
805this report must benchmark Florida outcomes, at all tiers,
806against other states that collect data similarly.
807     (10)  The workforce development strategy for the state
808shall be designed by Workforce Florida, Inc., and shall be
809centered around the strategies of First Jobs/First Wages, Better
810Jobs/Better Wages, and High Skills/High Wages.
811     (a)  First Jobs/First Wages is the state's strategy to
812promote successful entry into the workforce through education
813and workplace experience that lead to self-sufficiency and
814career advancement. The components of the strategy include
815efforts that enlist business, education, and community support
816for students to achieve long-term career goals, ensuring that
817young people have the academic and occupational skills required
818to succeed in the workplace. The strategy must also assist
819employers in upgrading or updating the skills of their employees
820and assisting workers in acquiring the education or training
821needed to secure better jobs with better wages. The strategy
822must assist the state's efforts to attract and expand job-
823creating businesses offering high-paying, high-demand
824occupations. A minimum of 15 percent of all Workforce Investment
825Act youth services funds shall be expended for after-school care
826programs, through contracts with qualified community-based
827organizations and faith-based organizations, on an equal basis
828with other private organizations, to provide after-school care
829programs to eligible children 14 through 18 years of age. These
830programs shall include academic tutoring, mentoring, and other
831appropriate services. Similar services may be provided for
832eligible children 6 through 13 years of age using Temporary
833Assistance for Needy Families funds. Funds expended under this
834paragraph may not be used for religious or sectarian purposes.
835To provide after-school care programs under this paragraph, a
836community-based organization or a faith-based organization must
837be a nonprofit organization that holds a current exemption from
838federal taxation under s. 501(c)(3) or (4) of the Internal
839Revenue Code or must be a religious organization that is not
840required to apply for recognition of its exemption from federal
841taxation under s. 501(c)(3) of the Internal Revenue Code.
842     (b)  Better Jobs/Better Wages is the state's strategy for
843assisting employers in upgrading or updating the skills of their
844employees and for assisting incumbent workers in improving their
845performance in their current jobs or acquiring the education or
846training needed to secure a better job with better wages.
847     (c)  High Skills/High Wages is the state's strategy for
848aligning education and training programs with high-paying, high-
849demand occupations that advance individuals' careers, build a
850more skilled workforce, and enhance Florida's efforts to attract
851and expand job-creating businesses.
852     (11)  The workforce development system shall use a charter-
853process approach aimed at encouraging local design and control
854of service delivery and targeted activities. Workforce Florida,
855Inc., shall be responsible for granting charters to regional
856workforce boards that have a membership consistent with the
857requirements of federal and state law and that have developed a
858plan consistent with the state's workforce development strategy.
859The plan must specify methods for allocating the resources and
860programs in a manner that eliminates unwarranted duplication,
861minimizes administrative costs, meets the existing job market
862demands and the job market demands resulting from successful
863economic development activities, ensures access to quality
864workforce development services for all Floridians, allows for
865pro rata or partial distribution of benefits and services,
866prohibits the creation of a waiting list or other indication of
867an unserved population, serves as many individuals as possible
868within available resources, and maximizes successful outcomes.
869As part of the charter process, Workforce Florida, Inc., shall
870establish incentives for effective coordination of federal and
871state programs, outline rewards for successful job placements,
872and institute collaborative approaches among local service
873providers. Local decisionmaking and control shall be important
874components for inclusion in this charter application.
875     Section 5.  Section 445.006, Florida Statutes, is amended
876to read:
877     445.006  Strategic and operational plans plan for workforce
878development.--
879     (1)  Workforce Florida, Inc., in conjunction with state and
880local partners in the workforce system, shall develop a
881strategic plan for workforce, with the goal of producing skilled
882employees for employers in the state. The strategic plan shall
883be submitted to the Governor, the President of the Senate, and
884the Speaker of the House of Representatives by February 1, 2001.
885The strategic plan shall be updated or modified by January 1 of
886each year thereafter. The plan must include, but need not be
887limited to, strategies for:
888     (a)  Fulfilling the workforce system goals and strategies
889prescribed in s. 445.004;
890     (b)  Aggregating, integrating, and leveraging workforce
891system resources;
892     (c)  Coordinating the activities of federal, state, and
893local workforce system partners;
894     (d)  Addressing the workforce needs of small businesses;
895and
896     (e)  Fostering the participation of rural communities and
897distressed urban cores in the workforce system.
898     (2)  Workforce Florida, Inc., shall establish an
899operational plan to implement the strategic plan. The
900operational plan shall be submitted to the Governor, the
901President of the Senate, and the Speaker of the House of
902Representatives along with the strategic plan and shall reflect
903the allocation of resources as appropriated by the Legislature
904to specific responsibilities enumerated in law. As a component
905of the operational strategic plan required under this section,
906Workforce Florida, Inc., shall develop a workforce marketing
907plan, with the goal of educating individuals inside and outside
908the state about the employment market and employment conditions
909in the state. The marketing plan must include, but need not be
910limited to, strategies for:
911     (a)  Distributing information to secondary and
912postsecondary education institutions about the diversity of
913businesses in the state, specific clusters of businesses or
914business sectors in the state, and occupations by industry which
915are in demand by employers in the state;
916     (b)  Distributing information about and promoting use of
917the Internet-based job matching and labor market information
918system authorized under s. 445.011; and
919     (c)  Coordinating with Enterprise Florida, Inc., to ensure
920that workforce marketing efforts complement the economic
921development marketing efforts of the state.
922     (3)  The operational strategic plan must include
923performance measures, standards, measurement criteria, and
924contract guidelines in the following areas with respect to
925participants in the welfare transition program:
926     (a)  Work participation rates, by type of activity;
927     (b)  Caseload trends;
928     (c)  Recidivism;
929     (d)  Participation in diversion and relocation assistance
930programs;
931     (e)  Employment retention;
932     (f)  Wage growth; and
933     (g)  Other issues identified by the board of directors of
934Workforce Florida, Inc.
935     (4)  The operational strategic plan must include criteria
936for allocating workforce resources to regional workforce boards.
937With respect to allocating funds to serve customers of the
938welfare transition program, such criteria may include weighting
939factors that indicate the relative degree of difficulty
940associated with securing and retaining employment placements for
941specific subsets of the welfare transition caseload.
942     (5)(a)  The operational strategic plan may must include a
943performance-based payment structure to be used for all welfare
944transition program customers which takes into account:
945     1.  The degree of difficulty associated with placement and
946retention;
947     2.  The quality of the placement with respect to salary,
948benefits, and opportunities for advancement; and
949     3.  The employee's retention in the placement.
950     (b)  The payment structure may must provide for bonus
951payments of up to 10 percent of the contract amount to providers
952that achieve notable success in achieving contract objectives,
953including, but not limited to, success in diverting families in
954which there is an adult who is subject to work requirements from
955receiving cash assistance and in achieving long-term job
956retention and wage growth with respect to welfare transition
957program customers. A service provider shall be paid a maximum of
958one payment per service for each participant during any given 6-
959month period.
960     (6)(a)  The operational strategic plan must include
961strategies that are designed to prevent or reduce the need for a
962person to receive public assistance. These strategies must
963include:
964     1.  A teen pregnancy prevention component that includes,
965but is not limited to, a plan for implementing the Florida
966Education Now and Babies Later (ENABL) program under s. 411.242
967and the Teen Pregnancy Prevention Community Initiative within
968each county of the services area in which the teen birth rate is
969higher than the state average;
970     2.  A component that encourages creation of community-based
971welfare prevention and reduction initiatives that increase
972support provided by noncustodial parents to their welfare-
973dependent children and are consistent with program and financial
974guidelines developed by Workforce Florida, Inc., and the
975Commission on Responsible Fatherhood. These initiatives may
976include, but are not limited to, improved paternity
977establishment, work activities for noncustodial parents,
978programs aimed at decreasing out-of-wedlock pregnancies,
979encouraging involvement of fathers with their children including
980court-ordered supervised visitation, and increasing child
981support payments;
982     3.  A component that encourages formation and maintenance
983of two-parent families through, among other things, court-
984ordered supervised visitation;
985     4.  A component that fosters responsible fatherhood in
986families receiving assistance; and
987     5.  A component that fosters provision of services that
988reduce the incidence and effects of domestic violence on women
989and children in families receiving assistance.
990     (b)  Specifications for welfare transition program services
991that are to be delivered include, but are not limited to:
992     1.  Initial assessment services prior to an individual
993being placed in an employment service, to determine whether the
994individual should be referred for relocation, up-front
995diversion, education, or employment placement. Assessment
996services shall be paid on a fixed unit rate and may not provide
997educational or employment placement services.
998     2.  Referral of participants to diversion and relocation
999programs.
1000     3.  Preplacement services, including assessment, staffing,
1001career plan development, work orientation, and employability
1002skills enhancement.
1003     4.  Services necessary to secure employment for a welfare
1004transition program participant.
1005     5.  Services necessary to assist participants in retaining
1006employment, including, but not limited to, remedial education,
1007language skills, and personal and family counseling.
1008     6.  Desired quality of job placements with regard to
1009salary, benefits, and opportunities for advancement.
1010     7.  Expectations regarding job retention.
1011     8.  Strategies to ensure that transition services are
1012provided to participants for the mandated period of eligibility.
1013     9.  Services that must be provided to the participant
1014throughout an education or training program, such as monitoring
1015attendance and progress in the program.
1016     10.  Services that must be delivered to welfare transition
1017program participants who have a deferral from work requirements
1018but wish to participate in activities that meet federal
1019participation requirements.
1020     11.  Expectations regarding continued participant awareness
1021of available services and benefits.
1022     Section 6.  Subsections (1), (2), and (11) of section
1023445.007, Florida Statutes, are amended to read:
1024     445.007  Regional workforce boards; exemption from public
1025meetings law.--
1026     (1)  One regional workforce board shall be appointed in
1027each designated service delivery area and shall serve as the
1028local workforce investment board pursuant to Pub. L. No. 105-
1029220. The membership of the board shall be consistent with Pub.
1030L. No. 105-220, Title I, s. 117(b), and contain one
1031representative from a nonpublic postsecondary educational
1032institution that is an authorized individual training account
1033provider within the region and confers certificates and
1034diplomas, one representative from a nonpublic postsecondary
1035educational institution that is an authorized individual
1036training account provider within the region and confers degrees,
1037and three representatives of organized labor. The board shall
1038include one nonvoting representative from a military
1039installation if a military installation is located within the
1040region and the appropriate military command or organization
1041authorizes such representation. Individuals serving as members
1042of regional workforce development boards or local WAGES
1043coalitions, as of June 30, 2000, are eligible for appointment to
1044regional workforce boards, pursuant to this section. It is the
1045intent of the Legislature that, whenever possible and to the
1046greatest extent practicable, membership of a regional workforce
1047board include persons who are current or former recipients of
1048welfare transition assistance as defined in s. 445.002(3) or
1049workforce services as provided in s. 445.009(1), or that such
1050persons be included as ex officio members of the board or of
1051committees organized by the board. The importance of minority
1052and gender representation shall be considered when making
1053appointments to the board. The board and its committees,
1054subcommittees, and subdivisions, or other units of the workforce
1055system, including units that may consist in whole or in part of
1056local governmental units, may use any method of
1057telecommunications to conduct meetings, including establishing a
1058quorum through telecommunications. Regional workforce boards are
1059subject to the provisions of chapter 119 relating to public
1060records and the provisions of chapter 286 relating to public
1061meetings. If the regional workforce board enters into a contract
1062with an organization or individual represented on the board of
1063directors, the contract must be approved by a two-thirds vote of
1064the entire board, and the board member who could benefit
1065financially from the transaction must abstain from voting on the
1066contract. A board member must disclose any such conflict in a
1067manner that is consistent with the procedures outlined in s.
1068112.3143.
1069     (2)  The regional workforce board shall elect a chair from
1070among the representatives described in Pub. L. No. 105-220,
1071Title I, s. 117(b)(2)(A)(i) to serve for a term of no more than
10722 years and serve no more than two terms. Workforce Florida,
1073Inc., will determine the timeframe and manner of changes to the
1074regional workforce boards as required by this chapter and Pub.
1075L. No. 105-220.
1076     (11)  For purposes of procurement, regional workforce
1077boards and their administrative entities are not state agencies
1078and are therefore exempt from chapters 120 and 287, but the
1079boards and their administrative entities must comply with state
1080procurement laws and procedures until Workforce Florida, Inc.,
1081adopts the provisions or alternative procurement procedures that
1082meet the requirements of federal law. Regional workforce boards
1083and their administrative entities, committees, and subcommittees
1084and other workforce units may promote appropriate activities,
1085incentives, and awards for performance by units of the state's
1086workforce system, and expenditures for such activities,
1087incentives, and awards shall not be subject to chapter 287 or
1088chapter 17, including rules adopted thereunder. However, all
1089expenditures for such activities, incentives, and awards shall
1090be exclusively subject to federal rules and regulations
1091applicable to expenditure of federal funds. All contracts
1092executed by regional workforce boards must include specific
1093performance expectations and deliverables.
1094     Section 7.  Subsection (3) and paragraph (d) of subsection
1095(8) of section 445.009, Florida Statutes, are amended to read:
1096     445.009  One-stop delivery system.--
1097     (3)  Notwithstanding any other provision of law, any
1098memorandum of understanding in effect on June 30, 2000, between
1099a regional workforce board and the Department of Labor and
1100Employment Security governing the delivery of workforce services
1101shall remain in effect until September 30, 2000. Beginning
1102October 1, 2000, regional workforce boards shall enter into a
1103memorandum of understanding with the Agency for Workforce
1104Innovation for the delivery of employment services authorized by
1105the federal Wagner-Peyser Act. This memorandum of understanding
1106must be performance based.
1107     (a)  Unless otherwise required by federal law, at least 90
1108percent of the Wagner-Peyser funding must go into direct
1109customer service costs.
1110     (b)  Employment services must be provided through the one-
1111stop delivery system, under the guidance of one-stop delivery
1112system operators. One-stop delivery system operators shall have
1113overall authority for directing the staff of the workforce
1114system. Personnel matters shall remain under the ultimate
1115authority of the Agency for Workforce Innovation. However, the
1116one-stop delivery system operator shall submit to the agency
1117information concerning the job performance of agency employees
1118who deliver employment services. The agency shall consider any
1119such information submitted by the one-stop delivery system
1120operator in conducting performance appraisals of the employees.
1121     (c)  The agency shall retain fiscal responsibility and
1122accountability for the administration of funds allocated to the
1123state under the Wagner-Peyser Act. An agency employee who is
1124providing services authorized under the Wagner-Peyser Act shall
1125be paid using Wagner-Peyser Act funds.
1126     (d)  The Office of Program Policy Analysis and Government
1127Accountability, in consultation with Workforce Florida, Inc.,
1128shall review the delivery of employment services under the
1129Wagner-Peyser Act and the integration of those services with
1130other activities performed through the one-stop delivery system
1131and shall provide recommendations to the Legislature for
1132improving the effectiveness of the delivery of employment
1133services in this state. The Office of Program Policy Analysis
1134and Government Accountability shall submit a report and
1135recommendations to the Governor, the President of the Senate,
1136and the Speaker of the House of Representatives by December 31,
11372002.
1138     (8)
1139     (d)  To the maximum extent possible, training providers
1140shall use funding sources other than the funding provided under
1141Pub. L. No. 105-220. Workforce Florida, Inc., shall develop a
1142system to encourage the leveraging of appropriated resources for
1143the workforce system and shall report on such efforts as part of
1144the required annual report. A performance outcome related to
1145alternative financing obtained by the training provider shall be
1146established by Workforce Florida, Inc., and used for performance
1147evaluation purposes. The performance evaluation must take into
1148consideration the number of alternative funding sources.
1149     Section 8.  Section 445.019, Florida Statutes, is amended
1150to read:
1151     445.019  Teen parent and pregnancy prevention diversion
1152program; eligibility for services.--The Legislature recognizes
1153that teen pregnancy is a major cause of dependency on government
1154assistance that often extends through more than one generation.
1155The purpose of the teen parent and pregnancy prevention
1156diversion program is to provide services to reduce and avoid
1157welfare dependency by reducing teen pregnancy, reducing the
1158incidence of multiple pregnancies to teens, and by assisting
1159teens in completing educational and employment programs.
1160     (1)  Notwithstanding any provision to the contrary in ss.
1161414.075, 414.085, and 414.095, a teen who is determined to be at
1162risk of teen pregnancy or who already has a child shall be
1163deemed eligible to receive services under this program.
1164     (2)  Services provided under this program shall be limited
1165to services that are not considered assistance under federal law
1166or guidelines.
1167     (3)  Receipt of services under this section does not
1168preclude eligibility for, or receipt of, other assistance or
1169services under chapter 414.
1170     Section 9.  Section 445.020, Florida Statutes, is amended
1171to read:
1172     445.020  Diversion programs; determination of need.--If
1173federal regulations require a determination of needy families or
1174needy parents to be based on financial criteria, such as income
1175or resources, for individuals or families who are receiving
1176services, one-time payments, or nonrecurring short-term
1177benefits, the Temporary Assistance for Needy Families State Plan
1178Department of Children and Family Services shall clearly
1179indicate adopt rules to define such criteria. In such rules, the
1180department shall use the income level established for Temporary
1181Assistance for Needy Families funds which are transferred for
1182use under Title XX of the Social Security Act. If federal
1183regulations do not require a financial determination for receipt
1184of such benefits, payments, or services, the criteria otherwise
1185established in this chapter shall be used.
1186     Section 10.  Sections 445.005, 445.012, 445.0121, 445.0122,
1187445.0123, 445.0124, 445.0125, 445.013, 446.21, 446.22, 446.23,
1188446.24, 446.25, 446.26, and 446.27, Florida Statutes, are
1189repealed.
1190     Section 11.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.
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