January 27, 2021
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HB 1645CS

CHAMBER ACTION




1The Commerce Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to workforce innovation; amending s.
720.50, F.S., as amended; establishing a separate budget
8for the Agency for Workforce Innovation; providing that
9the agency may serve as contract administrator for
10Workforce Florida, Inc.; removing obsolete language;
11clarifying the organization of the agency; authorizing the
12director to appoint deputy and assistant directors and to
13organize the agency; revising the agency's administrative
14responsibilities; authorizing the agency to provide or
15contract for training of certain employees; deleting
16training requirements; providing for an official seal;
17providing agency rulemaking authority; amending s.
18427.012, F.S.; revising an obsolete reference; amending s.
19445.003, F.S.; removing obsolete references; removing a
20reporting requirement; amending s. 445.004, F.S.;
21clarifying that Workforce Florida, Inc., is exempt from
22chapters 120 and 287, F.S.; providing guidelines for the
23expenditure of federal funds; removing the voting
24privileges of certain board members; providing a term
25limit for the chair of the board of Workforce Florida,
26Inc.; increasing board members' terms and creating
27staggered terms; clarifying that the President of the
28Senate and the Speaker of the House of Representatives may
29nominate board members; requiring certain board members to
30have economic development experience; removing a
31requirement that the Governor appoint board members 30
32days after receiving nominations; authorizing the board to
33use telecommunications to conduct meetings; providing that
34the chair of Workforce Florida, Inc., may select executive
35committee members; removing references to certain
36councils; removing obsolete references; exempting
37Workforce Florida, Inc., contracts from certain provisions
38of law; providing expenditure approval to Workforce
39Florida, Inc., for awards and promotional items;
40authorizing Workforce Florida, Inc., to establish a
41dispute resolution process for certain purposes; revising
42and clarifying the state workforce development strategy;
43amending s. 445.006, F.S.; requiring Workforce Florida,
44Inc., to establish an operational plan; clarifying
45references to strategic and operational plans; amending s.
46445.007, F.S.; clarifying that the military representative
47to a regional workforce board shall be a nonvoting member
48subject to certain approval; removing obsolete language;
49allowing the use of telecommunications for meetings;
50providing for the election and terms of regional workforce
51board chairs; authorizing regional workforce boards to
52promote awards and promotional items under certain
53circumstances; amending organizational requirements for
54regional workforce boards; amending s. 445.009, F.S.;
55removing obsolete references; requiring Workforce Florida,
56Inc., to develop a system for leveraging workforce system
57resources; removing a requirement for an alternative
58financing performance outcome measure; amending s.
59445.019, F.S.; allowing employment programs to be offered
60to teen parents; amending s. 445.020, F.S.; clarifying how
61determination of need criteria will be identified;
62repealing s. 445.005, F.S., relating to First Jobs/First
63Wages, Better Jobs/Better Wages, and High Skills/High
64Wages Councils of Workforce Florida, Inc.; repealing ss.
65445.012-445.0125, F.S., the Careers for Florida's Future
66Incentive Grant Program; repealing s. 445.013, F.S.,
67relating to challenge grants in support of welfare-to-work
68initiatives; repealing ss. 446.21-446.27, F.S., the
69Florida Youth-at-Risk 2000 Pilot Program; providing an
70effective date.
71
72Be It Enacted by the Legislature of the State of Florida:
73
74     Section 1.  Section 20.50, Florida Statutes, as amended by
75chapter 2004-484, Laws of Florida, is amended to read:
76     20.50  Agency for Workforce Innovation.--There is created
77the Agency for Workforce Innovation within the Department of
78Management Services. The agency shall have be a separate budget
79as provided in the General Appropriations Act entity, and the
80director of the agency shall be the agency head for all
81purposes. The agency shall not be subject to control,
82supervision, or direction by the Department of Management
83Services in any manner, including, but not limited to,
84personnel, purchasing, transactions involving real or personal
85property, and budgetary matters.
86     (1)  The Agency for Workforce Innovation shall ensure that
87the state appropriately administers federal and state workforce
88funding by administering plans and policies of Workforce
89Florida, Inc., under contract with Workforce Florida, Inc. The
90operating budget and midyear amendments thereto must be part of
91such contract.
92     (a)  All program and fiscal instructions to regional
93workforce boards shall emanate from the agency pursuant to plans
94and policies of Workforce Florida, Inc. Workforce Florida, Inc.,
95shall be responsible for all policy directions to the regional
96boards.
97     (b)  Unless otherwise provided by agreement with Workforce
98Florida, Inc., administrative and personnel policies of the
99Agency for Workforce Innovation shall apply.
100     (2)(a)  The Agency for Workforce Innovation is the
101administrative agency designated for receipt of federal
102workforce development grants and other federal funds. The agency
103shall administer the duties and responsibilities assigned by the
104Governor under each federal grant assigned to the agency. The
105agency shall be a separate budget entity and shall expend each
106revenue source as provided by federal and state law and as
107provided in plans developed by and agreements with Workforce
108Florida, Inc. The agency may serve as contract administrator for
109Workforce Florida, Inc., contracts pursuant to s. 445.004(5) as
110directed by Workforce Florida, Inc.
111     (b)  The agency shall prepare and submit as a separate
112budget entity a unified budget request for workforce
113development, in accordance with chapter 216 for, and in
114conjunction with, Workforce Florida, Inc., and its board. The
115head of the agency is the director of Workforce Innovation, who
116shall be appointed by the Governor. The accountability and
117reporting functions of the agency shall be administered by the
118director or his or her designee. These functions shall include
119budget management, financial management, audit, performance
120management standards and controls, assessing outcomes of service
121delivery, and financial administration of workforce programs
122under s. 445.004(5) and (9).
123     (c)  The agency shall include the following offices Within
124its organizational structure, the agency which shall include the
125following offices have the specified responsibilities:
126     1.(a)  The Office of Unemployment Compensation Workforce
127Services shall administer the unemployment compensation program,
128the Rapid Response program, the Work Opportunity Tax Credit
129program, the Alien Labor Certification program, and any other
130programs that are delivered directly by agency staff rather than
131through the one-stop delivery system. The office shall be
132directed by the Deputy Director for Workforce Services, who
133shall be appointed by and serve at the pleasure of the director.
134     2.(b)  The Office of Workforce Program Support. and
135Accountability shall administer state merit system program staff
136within the workforce service delivery system, under the policies
137of Workforce Florida, Inc. The office is responsible for
138delivering services through the one-stop delivery system and for
139ensuring that participants in welfare transition programs
140receive case management services, diversion assistance, support
141services, including child care and transportation services,
142Medicaid services, and transition assistance to enable them to
143succeed in the workforce. The office is also responsible for
144program quality assurance, grants and contract management,
145contracting, financial management, and reporting. The office
146shall be directed by the Deputy Director for Program Support and
147Accountability, who shall be appointed by and serve at the
148pleasure of the director. The office is responsible for:
149     1.  Establishing monitoring, quality assurance, and quality
150improvement systems that routinely assess the quality and
151effectiveness of contracted programs and services.
152     2.  Annual review of each regional workforce board and
153administrative entity to ensure that adequate systems of
154reporting and control are in place; that monitoring, quality
155assurance, and quality improvement activities are conducted
156routinely; and that corrective action is taken to eliminate
157deficiencies.
158     3.(c)  The Office of Early Learning, which shall administer
159the school readiness system in accordance with s. 411.01 and the
160operational requirements of the Voluntary Prekindergarten
161Education Program in accordance with part V of chapter 1002. The
162office shall be directed by the Deputy Director for Early
163Learning, who shall be appointed by and serve at the pleasure of
164the director.
165     4.(d)  The Office of Agency Support Services is responsible
166for procurement, human resource services, and information
167services including delivering information on labor markets,
168employment, occupations, and performance, and shall implement
169and maintain information systems that are required for the
170effective operation of the one-stop delivery system and the
171school readiness system, including, but not limited to, those
172systems described in s. 445.009. The office shall be directed by
173the Deputy Director for Agency Support Services, who shall be
174appointed by and serve at the pleasure of the director. The
175office is responsible for establishing:
176     1.  Information systems and controls that report reliable,
177timely and accurate fiscal and performance data for assessing
178outcomes, service delivery, and financial administration of
179workforce programs under s. 445.004(5) and (9).
180     2.  Information systems that support service integration
181and case management by providing for case tracking for
182participants in welfare transition programs.
183     3.  Information systems that support the school readiness
184system.
185     (d)  The director of the agency may establish assistant
186director and deputy director positions to administer the
187requirements and functions of the agency. In addition, the
188director may organize and structure the offices of the agency to
189best meet the goals and objectives of the agency as provided in
190s. 20.04.
191     (e)  The Unemployment Appeals Commission, authorized by s.
192443.012, is not subject to control, supervision, or direction by
193the Agency for Workforce Innovation in the performance of its
194powers and duties but shall receive any and all support and
195assistance from the agency that is required for the performance
196of its duties.
197     (3)  The Agency for Workforce Innovation shall serve as the
198designated agency for purposes of each federal workforce
199development grant assigned to it for administration. The agency
200shall carry out the duties assigned to it by the Governor, under
201the terms and conditions of each grant. The agency shall have
202the level of authority and autonomy necessary to be the
203designated recipient of each federal grant assigned to it, and
204shall disperse such grants pursuant to the plans and policies of
205Workforce Florida, Inc. The director may, upon delegation from
206the Governor and pursuant to agreement with Workforce Florida,
207Inc., sign contracts, grants, and other instruments as necessary
208to execute functions assigned to the agency. Notwithstanding
209other provisions of law, the following federal grants and other
210funds are assigned for administration to the Agency for
211Workforce Innovation shall administer:
212     (a)  Programs authorized under Title I of the Workforce
213Investment Act of 1998, Pub. L. No. 105-220, except for programs
214funded directly by the United States Department of Labor under
215Title I, s. 167.
216     (b)  Programs authorized under the Wagner-Peyser Act of
2171933, as amended, 29 U.S.C. ss. 49 et seq.
218     (c)  Welfare-to-work grants administered by the United
219States Department of Labor under Title IV, s. 403, of the Social
220Security Act, as amended.
221     (d)  Activities authorized under Title II of the Trade Act
222of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the Trade
223Adjustment Assistance Program.
224     (e)  Activities authorized under chapter 41 of Title 38
225U.S.C., including job counseling, training, and placement for
226veterans.
227     (f)  Employment and training activities carried out under
228the Community Services Block Grant Act, 42 U.S.C. ss. 9901 et
229seq.
230     (g)  Employment and training activities carried out under
231funds awarded to this state by the United States Department of
232Housing and Urban Development.
233     (h)  Designated state and local program expenditures under
234part A of Title IV of the Social Security Act for welfare
235transition workforce services associated with the Temporary
236Assistance for Needy Families Program.
237     (i)  Programs authorized under the National and Community
238Service Act of 1990, 42 U.S.C. ss. 12501 et seq., and the
239Service-America programs, the National Service Trust programs,
240the Civilian Community Corps, the Corporation for National and
241Community Service, the American Conservation and Youth Service
242Corps, and the Points of Light Foundation programs, if such
243programs are awarded to the state.
244     (j)  The Unemployment Compensation program provided
245pursuant to chapter 443.
246     (k)  other programs funded by federal or state
247appropriations, as determined by the Legislature in the General
248Appropriations Act or by law.
249     (4)  The Agency for Workforce Innovation may shall provide
250or contract for training for employees of administrative
251entities and case managers of any contracted providers to ensure
252they have the necessary competencies and skills to provide
253adequate administrative oversight and delivery of the full array
254of client services pursuant to s. 445.004(5)(b). Training
255requirements include, but are not limited to:
256     (a)  Minimum skills, knowledge, and abilities required for
257each classification of program personnel utilized in the
258regional workforce boards' service delivery plans.
259     (b)  Minimum requirements for development of a regional
260workforce board supported personnel training plan to include
261preservice and inservice components.
262     (c)  Specifications or criteria under which any regional
263workforce board may award bonus points or otherwise give
264preference to competitive service provider applications that
265provide minimum criteria for assuring competent case management,
266including, but not limited to, maximum caseload per case
267manager, current staff turnover rate, minimum educational or
268work experience requirements, and a differentiated compensation
269plan based on the competency levels of personnel.
270     (d)  Minimum skills, knowledge, and abilities required for
271contract management, including budgeting, expenditure, and
272performance information related to service delivery and
273financial administration, monitoring, quality assurance and
274improvement, and standards of conduct for employees of regional
275workforce boards and administrative entities specifically
276related to carrying out contracting responsibilities.
277     (5)  The Agency for Workforce Innovation shall have an
278official seal by which its records, orders, and proceedings are
279authenticated and judicially noticed.
280     (6)  The Agency for Workforce Innovation may adopt rules
281that relate to implementing and administering the programs
282listed in s. 445.004(5)(b) as well as rules related to eligible
283training providers and auditing and monitoring subrecipients of
284workforce system grant funds.
285     Section 2.  Paragraph (d) of subsection (1) of section
286427.012, Florida Statutes, is amended to read:
287     427.012  The Commission for the Transportation
288Disadvantaged.--There is created the Commission for the
289Transportation Disadvantaged in the Department of
290Transportation.
291     (1)  The commission shall consist of the following members:
292     (d)  The Director of the Agency for Workforce Innovation or
293the director's designee. The secretary of the Department of
294Labor and Employment Security or the secretary's designee.
295     Section 3.  Subsections (3) through (6) of section 445.003,
296Florida Statutes, are amended to read:
297     445.003  Implementation of the federal Workforce Investment
298Act of 1998.--
299     (3)  FUNDING.--
300     (a)  Title I, Workforce Investment Act of 1998 funds;
301Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
302based on the 5-year plan of Workforce Florida, Inc. The plan
303shall outline and direct the method used to administer and
304coordinate various funds and programs that are operated by
305various agencies. The following provisions shall also apply to
306these funds:
307     1.  At least 50 percent of the Title I funds for Adults and
308Dislocated Workers that are passed through to regional workforce
309boards shall be allocated to Individual Training Accounts unless
310a regional workforce board obtains a waiver from Workforce
311Florida, Inc. Tuition and, fees, and performance-based incentive
312awards paid in compliance with Florida's Performance-Based
313Incentive Fund Program qualify as an Individual Training Account
314expenditure, as do other programs developed by regional
315workforce boards in compliance with policies of Workforce
316Florida, Inc.
317     2.  Fifteen percent of Title I funding shall be retained at
318the state level and shall be dedicated to state administration
319and used to design, develop, induce, and fund innovative
320Individual Training Account pilots, demonstrations, and
321programs. Of such funds retained at the state level, $2 million
322shall be reserved for the Incumbent Worker Training Program,
323created under subparagraph 3. Eligible state administration
324costs include the costs of: funding for the board and staff of
325Workforce Florida, Inc.; operating fiscal, compliance, and
326management accountability systems through Workforce Florida,
327Inc.; conducting evaluation and research on workforce
328development activities; and providing technical and capacity
329building assistance to regions at the direction of Workforce
330Florida, Inc. Notwithstanding s. 445.004, such administrative
331costs shall not exceed 25 percent of these funds. An amount not
332to exceed 75 percent of these funds shall be allocated to
333Individual Training Accounts and other workforce development
334strategies for: the Minority Teacher Education Scholars program,
335the Certified Teacher-Aide program, the Self-Employment
336Institute, and other training designed and tailored by Workforce
337Florida, Inc., including, but not limited to, programs for
338incumbent workers, displaced homemakers, nontraditional
339employment, empowerment zones, and enterprise zones. Workforce
340Florida, Inc., shall design, adopt, and fund Individual Training
341Accounts for distressed urban and rural communities.
342     3.  The Incumbent Worker Training Program is created for
343the purpose of providing grant funding for continuing education
344and training of incumbent employees at existing Florida
345businesses. The program will provide reimbursement grants to
346businesses that pay for preapproved, direct, training-related
347costs.
348     a.  The Incumbent Worker Training Program will be
349administered by Workforce Florida, Inc. Workforce Florida, Inc.,
350at its discretion, may contract with a private business
351organization to serve as grant administrator.
352     b.  To be eligible for the program's grant funding, a
353business must have been in operation in Florida for a minimum of
3541 year prior to the application for grant funding; have at least
355one full-time employee; demonstrate financial viability; and be
356current on all state tax obligations. Priority for funding shall
357be given to businesses with 25 employees or fewer, businesses in
358rural areas, businesses in distressed inner-city areas,
359businesses in a qualified targeted industry, businesses whose
360grant proposals represent a significant upgrade in employee
361skills, or businesses whose grant proposals represent a
362significant layoff avoidance strategy.
363     c.  All costs reimbursed by the program must be preapproved
364by Workforce Florida, Inc., or the grant administrator. The
365program will not reimburse businesses for trainee wages, the
366purchase of capital equipment, or the purchase of any item or
367service that may possibly be used outside the training project.
368A business approved for a grant may be reimbursed for
369preapproved, direct, training-related costs including tuition
370and fees; books and training classroom materials; and overhead
371or indirect costs not to exceed 5 percent of the grant amount.
372     d.  A business that is selected to receive grant funding
373must provide a matching contribution to the training project,
374including, but not limited to, wages paid to trainees or the
375purchase of capital equipment used in the training project; must
376sign an agreement with Workforce Florida, Inc., or the grant
377administrator to complete the training project as proposed in
378the application; must keep accurate records of the project's
379implementation process; and must submit monthly or quarterly
380reimbursement requests with required documentation.
381     e.  All Incumbent Worker Training Program grant projects
382shall be performance-based with specific measurable performance
383outcomes, including completion of the training project and job
384retention. Workforce Florida, Inc., or the grant administrator
385shall withhold the final payment to the grantee until a final
386grant report is submitted and all performance criteria specified
387in the grant contract have been achieved.
388     f.  Workforce Florida, Inc., may establish guidelines
389necessary to implement the Incumbent Worker Training Program.
390     g.  No more than 10 percent of the Incumbent Worker
391Training Program's total appropriation may be used for overhead
392or indirect purposes.
393     h.  Workforce Florida, Inc., shall submit a report to the
394Legislature on the financial and general operations of the
395Incumbent Worker Training Program. Such report will be due
396before October 1 of any fiscal year for which the program is
397funded by the Legislature.
398     4.  At least 50 percent of Rapid Response funding shall be
399dedicated to Intensive Services Accounts and Individual Training
400Accounts for dislocated workers and incumbent workers who are at
401risk of dislocation. Workforce Florida, Inc., shall also
402maintain an Emergency Preparedness Fund from Rapid Response
403funds which will immediately issue Intensive Service Accounts
404and Individual Training Accounts as well as other federally
405authorized assistance to eligible victims of natural or other
406disasters. At the direction of the Governor, for events that
407qualify under federal law, these Rapid Response funds shall be
408released to regional workforce boards for immediate use. Funding
409shall also be dedicated to maintain a unit at the state level to
410respond to Rapid Response emergencies around the state, to work
411with state emergency management officials, and to work with
412regional workforce boards. All Rapid Response funds must be
413expended based on a plan developed by Workforce Florida, Inc.,
414and approved by the Governor.
415     (b)  The administrative entity for Title I, Workforce
416Investment Act of 1998 funds, and Rapid Response activities,
417shall be the Agency for Workforce Innovation, which shall
418provide direction to regional workforce boards regarding Title I
419programs and Rapid Response activities pursuant to the direction
420of Workforce Florida, Inc.
421     (4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
422MODIFICATIONS.--
423     (a)  Workforce Florida, Inc., may provide indemnification
424from audit liabilities to regional workforce boards that act in
425full compliance with state law and the board's policies.
426     (b)  Workforce Florida, Inc., may negotiate and settle all
427outstanding issues with the United States Department of Labor
428relating to decisions made by Workforce Florida, Inc., any
429predecessor workforce organization, and the Legislature with
430regard to the Job Training Partnership Act, making settlements
431and closing out all JTPA program year grants.
432     (c)  Workforce Florida, Inc., may make modifications to the
433state's plan, policies, and procedures to comply with federally
434mandated requirements that in its judgment must be complied with
435to maintain funding provided pursuant to Pub. L. No. 105-220.
436The board shall notify in writing the Governor, the President of
437the Senate, and the Speaker of the House of Representatives
438within 30 days after any such changes or modifications.
439     (5)  The Department of Labor and Employment Security shall
440phase-down JTPA duties before the federal program is abolished
441July 1, 2000. Outstanding accounts and issues shall be completed
442prior to transfer to the Agency for Workforce Innovation.
443     (5)(6)  LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.--
444     (a)  Workforce Florida, Inc., may recommend
445workforce-related divisions, bureaus, units, programs, duties,
446commissions, boards, and councils that can be eliminated,
447consolidated, or privatized.
448     (b)  The Office of Program Policy Analysis and Government
449Accountability shall review the workforce development system, as
450established by this act. The office shall submit its final
451report and recommendations by December 31, 2002, to the
452President of the Senate and the Speaker of the House of
453Representatives.
454     Section 4.  Section 445.004, Florida Statutes, is amended
455to read:
456     445.004  Workforce Florida, Inc.; creation; purpose;
457membership; duties and powers.--
458     (1)  There is created a not-for-profit corporation, to be
459known as "Workforce Florida, Inc.," which shall be registered,
460incorporated, organized, and operated in compliance with chapter
461617, and which shall not be a unit or entity of state government
462and shall be exempt from chapters 120 and 287. Workforce
463Florida, Inc., shall apply the procurement and expenditure
464procedures required by federal law for the expenditure of
465federal funds. Workforce Florida, Inc., shall be
466administratively housed within the Agency for Workforce
467Innovation; however, Workforce Florida, Inc., shall not be
468subject to control, supervision, or direction by the Agency for
469Workforce Innovation in any manner. The Legislature determines,
470however, that public policy dictates that Workforce Florida,
471Inc., operate in the most open and accessible manner consistent
472with its public purpose. To this end, the Legislature
473specifically declares that Workforce Florida, Inc., its board,
474councils, and any advisory committees or similar groups created
475by Workforce Florida, Inc., are subject to the provisions of
476chapter 119 relating to public records, and those provisions of
477chapter 286 relating to public meetings.
478     (2)  Workforce Florida, Inc., is the principal workforce
479policy organization for the state. The purpose of Workforce
480Florida, Inc., is to design and implement strategies that help
481Floridians enter, remain in, and advance in the workplace,
482becoming more highly skilled and successful, benefiting these
483Floridians, Florida businesses, and the entire state, and to
484assist in developing the state's business climate.
485     (3)(a)  Workforce Florida, Inc., shall be governed by a
486board of directors, the number of directors to be determined by
487the Governor, whose membership and appointment must be
488consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
489contain one member representing the licensed nonpublic
490postsecondary educational institutions authorized as individual
491training account providers, one member from the staffing service
492industry, at least one member who is a current or former
493recipient of welfare transition services as defined in s.
494445.002(3) or workforce services as provided in s. 445.009(1),
495and five representatives of organized labor who shall be
496appointed by the Governor. Members described in Pub. L. No. 105-
497220, Title I, s. 111(b)(1)(C)(vi) shall be nonvoting members.
498Notwithstanding s. 114.05(1)(f), the Governor may appoint
499remaining members to Workforce Florida, Inc., from the current
500Workforce Development Board and the WAGES Program State Board of
501Directors, established pursuant to chapter 96-175, Laws of
502Florida, to serve on the reconstituted board. By July 1, 2000,
503the Workforce Development Board will provide to the Governor a
504transition plan to incorporate the changes required by this act
505and Pub. L. No. 105-220, specifying the manner of changes to the
506board. This plan shall govern the transition, unless otherwise
507notified by the Governor. The importance of minority, gender,
508and geographic representation shall be considered when making
509appointments to the board.
510     (b)  The board of directors of Workforce Florida, Inc.,
511shall be chaired by a board member designated by the Governor
512pursuant to Pub. L. No. 105-220 and shall serve no more than two
513terms.
514     (c)  Members appointed by the Governor must be appointed
515for 3-year 2-year terms. However, in order to establish
516staggered terms for all board members' terms that commenced on
517July 1, 2004, the Governor shall appoint or reappoint one-third
518of the board members for 1-year terms, appoint or reappoint
519another third of the board members for 2-year terms, and appoint
520or reappoint the remaining third of the board members for 3-year
521terms. Following the July 1, 2004, appointment or reappointment
522of the entire board, the Governor shall appoint or reappoint
523board members for exclusively 3-year terms, except that when a
524board member is replaced prior to the end of that board member's
5253-year term, his or her replacement shall be appointed to serve
526only the remainder of the 3-year term, after which the
527replacement may be appointed for a full 3-year term. Private
528sector representatives of businesses, appointed by the Governor
529pursuant to Pub. L. No. 105-220, shall constitute a majority of
530the membership of the board. Private sector representatives
531shall be appointed from nominations received by the Governor,
532including, but not limited to, those nominations made by the
533President of the Senate and the Speaker of the House of
534Representatives from any member of the Legislature. A member of
535the Legislature may submit more than one board nomination to the
536Governor through his or her respective presiding officer.
537Private sector appointments to the board shall be representative
538of the business community of this state, and no less than one-
539half of the appointments to the board must be representative of
540small businesses and at least five members shall have economic
541development experience. Members appointed by the Governor serve
542at the pleasure of the Governor and are eligible for
543reappointment.
544     (d)  The Governor shall appoint members to the board of
545directors of Workforce Florida, Inc., within 30 days after the
546receipt of a sufficient number of nominations.
547     (d)(e)  A member of the board of directors of Workforce
548Florida, Inc., may be removed by the Governor for cause. Absence
549from three consecutive meetings results in automatic removal.
550The chair of Workforce Florida, Inc., shall notify the Governor
551of such absences.
552     (e)(f)  Representatives of businesses appointed to the
553board of directors may not include providers of workforce
554services.
555     (4)(a)  The president of Workforce Florida, Inc., shall be
556hired by the board of directors of Workforce Florida, Inc., and
557shall serve at the pleasure of the Governor in the capacity of
558an executive director and secretary of Workforce Florida, Inc.
559     (b)  The board of directors of Workforce Florida, Inc.,
560shall meet at least quarterly and at other times upon call of
561its chair. The board and its committees, subcommittees, and
562other subdivisions may use any method of telecommunications to
563conduct meetings, including establishing a quorum through
564telecommunications, provided that the public is given proper
565notice of the telecommunicated meeting and is given reasonable
566access to observe and, when appropriate, participate.
567     (c)  A majority of the total current membership of the
568board of directors of Workforce Florida, Inc., comprises a
569quorum of the board.
570     (d)  A majority of those voting is required to organize and
571conduct the business of the board, except that a majority of the
572entire board of directors is required to adopt or amend the
573bylaws operational plan.
574     (e)  Except as delegated or authorized by the board of
575directors of Workforce Florida, Inc., individual members have no
576authority to control or direct the operations of Workforce
577Florida, Inc., or the actions of its officers and employees,
578including the president.
579     (f)  Members of the board of directors of Workforce
580Florida, Inc., and its committees shall serve without
581compensation, but these members, the president, and all
582employees of Workforce Florida, Inc., may be reimbursed for all
583reasonable, necessary, and actual expenses pursuant to s.
584112.061.
585     (g)  The board of directors of Workforce Florida, Inc., may
586establish an executive committee consisting of the chair and at
587least six additional board members selected by the chair board
588of directors, one of whom must be a representative of organized
589labor. The executive committee and the president shall have such
590authority as the board delegates to it, except that the board of
591directors may not delegate to the executive committee authority
592to take action that requires approval by a majority of the
593entire board of directors.
594     (h)  The chair may appoint committees to fulfill its
595responsibilities, to comply with federal requirements, or to
596obtain technical assistance, and must incorporate members of
597regional workforce development boards into its structure. At a
598minimum, the chair shall establish the following standing
599councils: the First Jobs/First Wages Council, the Better
600Jobs/Better Wages Council, and the High Skills/High Wages
601Council. For purposes of Pub. L. No. 105-220, the First
602Jobs/First Wages Council shall serve as the state's youth
603council.
604     (i)  Each member of the board of directors who is not
605otherwise required to file a financial disclosure pursuant to s.
6068, Art. II of the State Constitution or s. 112.3144 must file
607disclosure of financial interests pursuant to s. 112.3145.
608     (5)  Workforce Florida, Inc., shall have all the powers and
609authority, not explicitly prohibited by statute, necessary or
610convenient to carry out and effectuate the purposes as
611determined by statute, Pub. L. No. 105-220, and the Governor, as
612well as its functions, duties, and responsibilities, including,
613but not limited to, the following:
614     (a)  Serving as the state's Workforce Investment Board
615pursuant to Pub. L. No. 105-220. Unless otherwise required by
616federal law, at least 90 percent of the workforce development
617funding must go into direct customer service costs.
618     (b)  Providing oversight and policy direction to ensure
619that the following programs are administered by the Agency for
620Workforce Innovation in compliance with approved plans and under
621contract with Workforce Florida, Inc.:
622     1.  Programs authorized under Title I of the Workforce
623Investment Act of 1998, Pub. L. No. 105-220, with the exception
624of programs funded directly by the United States Department of
625Labor under Title I, s. 167.
626     2.  Programs authorized under the Wagner-Peyser Act of
6271933, as amended, 29 U.S.C. ss. 49 et seq.
628     3.  Welfare-to-work grants administered by the United
629States Department of Labor under Title IV, s. 403, of the Social
630Security Act, as amended.
631     3.4.  Activities authorized under Title II of the Trade Act
632of 2002 1974, as amended, 19 2 U.S.C. ss. 2272 2271 et seq., and
633the Trade Adjustment Assistance Program.
634     4.5.  Activities authorized under 38 U.S.C., chapter 41,
635including job counseling, training, and placement for veterans.
636     6.  Employment and training activities carried out under
637the Community Services Block Grant Act, 42 U.S.C. ss. 9901 et
638seq.
639     5.7.  Employment and training activities carried out under
640funds awarded to this state by the United States Department of
641Housing and Urban Development.
642     6.8.  Welfare transition services funded by the Temporary
643Assistance for Needy Families Program, created under the
644Personal Responsibility and Work Opportunity Reconciliation Act
645of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
646of the Social Security Act, as amended.
647     7.9.  Displaced homemaker programs, provided under s.
648446.50.
649     8.10.  The Florida Bonding Program, provided under Pub. L.
650No. 97-300, s. 164(a)(1).
651     9.11.  The Food Stamp Employment and Training Program,
652provided under the Food Stamp Act of 1977, U.S.C. ss. 2011-2032;
653the Food Security Act of 1988, Pub. L. No. 99-198; and the
654Hunger Prevention Act, Pub. L. No. 100-435.
655     10.12.  The Quick-Response Training Program, provided under
656ss. 288.046-288.047. Matching funds and in-kind contributions
657that are provided by clients of the Quick-Response Training
658Program shall count toward the requirements of s.
659288.90151(5)(d), pertaining to the return on investment from
660activities of Enterprise Florida, Inc.
661     11.13.  The Work Opportunity Tax Credit, provided under the
662Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
663and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
664     12.14.  Offender placement services, provided under ss.
665944.707-944.708.
666     15.  Programs authorized under the National and Community
667Service Act of 1990, 42 U.S.C. ss. 12501 et seq., and the
668Service-America programs, the National Service Trust programs,
669the Civilian Community Corps, the Corporation for National and
670Community Service, the American Conservation and Youth Service
671Corps, and the Points of Light Foundation programs, if such
672programs are awarded to the state.
673     (c)  Contracting with public and private entities as
674necessary to further the directives of this section. All
675contracts executed by Workforce Florida, Inc., must include
676specific performance expectations and deliverables. All
677Workforce Florida, Inc., contracts, including those solicited,
678managed, or paid by the Agency for Workforce Innovation pursuant
679to s. 20.50(2), are exempt from s. 112.061, and shall be
680governed by subsection (1).
681     (d)  Notifying the Governor, the President of the Senate,
682and the Speaker of the House of Representatives of noncompliance
683by the Agency for Workforce Innovation or other agencies or
684obstruction of the board's efforts by such agencies. Upon such
685notification, the Executive Office of the Governor shall assist
686agencies to bring them into compliance with board objectives.
687     (e)  Ensuring that the state does not waste valuable
688training resources. Thus, the board shall direct that all
689resources, including equipment purchased for training Workforce
690Investment Act clients, be available for use at all times by
691eligible populations as first priority users. At times when
692eligible populations are not available, such resources shall be
693used for any other state authorized education and training
694purpose. Workforce Florida, Inc., may authorize expenditures to
695award suitable framed certificates, pins, or other tokens of
696recognition for performance by a regional workforce board, its
697committees and subdivisions, and other units of the workforce
698system. Workforce Florida, Inc., may also authorize expenditures
699for promotional items such as t-shirts, hats, or pens printed
700with messages promoting the state's workforce system to
701employers, job seekers, and program participants. However, such
702expenditures are subject to federal regulations applicable to
703the expenditure of federal funds.
704     (f)  Establishing a dispute resolution process for all
705memoranda of understanding or other contracts or agreements
706entered into between the agency and regional workforce boards.
707     (g)(f)  Archiving records with the Bureau of Archives and
708Records Management of the Division of Library and Information
709Services of the Department of State.
710     (6)  Workforce Florida, Inc., may take action that it deems
711necessary to achieve the purposes of this section, including,
712but not limited to:
713     (a)  Creating a state employment, education, and training
714policy that ensures that programs to prepare workers are
715responsive to present and future business and industry needs and
716complement the initiatives of Enterprise Florida, Inc.
717     (b)  Establishing policy direction for a funding system
718that provides incentives to improve the outcomes of career
719education programs, and of registered apprenticeship and work-
720based learning programs, and that focuses resources on
721occupations related to new or emerging industries that add
722greatly to the value of the state's economy.
723     (c)  Establishing a comprehensive policy related to the
724education and training of target populations such as those who
725have disabilities, are economically disadvantaged, receive
726public assistance, are not proficient in English, or are
727dislocated workers. This approach should ensure the effective
728use of federal, state, local, and private resources in reducing
729the need for public assistance.
730     (d)  Designating Institutes of Applied Technology composed
731of public and private postsecondary institutions working
732together with business and industry to ensure that career
733education programs use the most advanced technology and
734instructional methods available and respond to the changing
735needs of business and industry.
736     (e)  Providing policy direction for a system to project and
737evaluate labor market supply and demand using the results of the
738Workforce Estimating Conference created in s. 216.136 and the
739career education performance standards identified under s.
7401008.43.
741     (f)  Reviewing the performance of public programs that are
742responsible for economic development, education, employment, and
743training. The review must include an analysis of the return on
744investment of these programs.
745     (g)  Expanding the occupations identified by the Workforce
746Estimating Conference to meet needs created by local emergencies
747or plant closings or to capture occupations within emerging
748industries.
749     (7)  By December 1 of each year, Workforce Florida, Inc.,
750shall submit to the Governor, the President of the Senate, the
751Speaker of the House of Representatives, the Senate Minority
752Leader, and the House Minority Leader a complete and detailed
753annual report setting forth:
754     (a)  All audits, including the audit in subsection (8), if
755conducted.
756     (b)  The operations and accomplishments of the board
757partnership including the programs or entities listed in
758subsection (6).
759     (8)  The Auditor General may, pursuant to his or her own
760authority or at the direction of the Legislative Auditing
761Committee, conduct an audit of Workforce Florida, Inc., or the
762programs or entities created by Workforce Florida, Inc. The
763Office of Program Policy Analysis and Government Accountability,
764pursuant to its authority or at the direction of the Legislative
765Auditing Committee, may review the systems and controls related
766to performance outcomes and quality of services of Workforce
767Florida, Inc.
768     (9)  Workforce Florida, Inc., in collaboration with the
769regional workforce boards and appropriate state agencies and
770local public and private service providers, and in consultation
771with the Office of Program Policy Analysis and Government
772Accountability, shall establish uniform measures and standards
773to gauge the performance of the workforce development strategy.
774These measures and standards must be organized into three
775outcome tiers.
776     (a)  The first tier of measures must be organized to
777provide benchmarks for systemwide outcomes. Workforce Florida,
778Inc., must, in collaboration with the Office of Program Policy
779Analysis and Government Accountability, establish goals for the
780tier-one outcomes. Systemwide outcomes may include employment in
781occupations demonstrating continued growth in wages; continued
782employment after 3, 6, 12, and 24 months; reduction in and
783elimination of public assistance reliance; job placement;
784employer satisfaction; and positive return on investment of
785public resources.
786     (b)  The second tier of measures must be organized to
787provide a set of benchmark outcomes for the initiatives of the
788First Jobs/First Wages Council, the Better Jobs/Better Wages
789Council, and the High Skills/High Wages Council and for each of
790the strategic components of the workforce development strategy.
791Cost per entered employment, earnings at placement, retention in
792employment, job placement, and entered employment rate must be
793included among the performance outcome measures.
794     (c)  The third tier of measures must be the operational
795output measures to be used by the agency implementing programs,
796and it may be specific to federal requirements. The tier-three
797measures must be developed by the agencies implementing
798programs, and Workforce Florida, Inc., may be consulted in this
799effort. Such measures must be reported to Workforce Florida,
800Inc., by the appropriate implementing agency.
801     (d)  Regional differences must be reflected in the
802establishment of performance goals and may include job
803availability, unemployment rates, average worker wage, and
804available employable population.
805     (e)  Job placement must be reported pursuant to s. 1008.39.
806Positive outcomes for providers of education and training must
807be consistent with ss. 1008.42 and 1008.43.
808     (f)  The uniform measures of success that are adopted by
809Workforce Florida, Inc., or the regional workforce boards must
810be developed in a manner that provides for an equitable
811comparison of the relative success or failure of any service
812provider in terms of positive outcomes.
813     (g)  By December 1 of each year, Workforce Florida, Inc.,
814shall provide the Legislature with a report detailing the
815performance of Florida's workforce development system, as
816reflected in the three-tier measurement system. Additionally,
817this report must benchmark Florida outcomes, at all tiers,
818against other states that collect data similarly.
819     (10)  The workforce development strategy for the state
820shall be designed by Workforce Florida, Inc., and shall be
821centered around the strategies of First Jobs/First Wages, Better
822Jobs/Better Wages, and High Skills/High Wages.
823     (a)  First Jobs/First Wages is the state's strategy to
824promote successful entry into the workforce through education
825and workplace experience that lead to self-sufficiency and
826career advancement. The components of the strategy include
827efforts that enlist business, education, and community support
828for students to achieve long-term career goals, ensuring that
829young people have the academic and occupational skills required
830to succeed in the workplace. The strategy must also assist
831employers in upgrading or updating the skills of their employees
832and assisting workers in acquiring the education or training
833needed to secure better jobs with better wages. The strategy
834must assist the state's efforts to attract and expand job-
835creating businesses offering high-paying, high-demand
836occupations. A minimum of 15 percent of all Workforce Investment
837Act youth services funds shall be expended for after-school care
838programs, through contracts with qualified community-based
839organizations and faith-based organizations, on an equal basis
840with other private organizations, to provide after-school care
841programs to eligible children 14 through 18 years of age. These
842programs shall include academic tutoring, mentoring, and other
843appropriate services. Similar services may be provided for
844eligible children 6 through 13 years of age using Temporary
845Assistance for Needy Families funds. Funds expended under this
846paragraph may not be used for religious or sectarian purposes.
847To provide after-school care programs under this paragraph, a
848community-based organization or a faith-based organization must
849be a nonprofit organization that holds a current exemption from
850federal taxation under s. 501(c)(3) or (4) of the Internal
851Revenue Code or must be a religious organization that is not
852required to apply for recognition of its exemption from federal
853taxation under s. 501(c)(3) of the Internal Revenue Code.
854     (b)  Better Jobs/Better Wages is the state's strategy for
855assisting employers in upgrading or updating the skills of their
856employees and for assisting incumbent workers in improving their
857performance in their current jobs or acquiring the education or
858training needed to secure a better job with better wages.
859     (c)  High Skills/High Wages is the state's strategy for
860aligning education and training programs with high-paying, high-
861demand occupations that advance individuals' careers, build a
862more skilled workforce, and enhance Florida's efforts to attract
863and expand job-creating businesses.
864     (11)  The workforce development system shall use a charter-
865process approach aimed at encouraging local design and control
866of service delivery and targeted activities. Workforce Florida,
867Inc., shall be responsible for granting charters to regional
868workforce boards that have a membership consistent with the
869requirements of federal and state law and that have developed a
870plan consistent with the state's workforce development strategy.
871The plan must specify methods for allocating the resources and
872programs in a manner that eliminates unwarranted duplication,
873minimizes administrative costs, meets the existing job market
874demands and the job market demands resulting from successful
875economic development activities, ensures access to quality
876workforce development services for all Floridians, allows for
877pro rata or partial distribution of benefits and services,
878prohibits the creation of a waiting list or other indication of
879an unserved population, serves as many individuals as possible
880within available resources, and maximizes successful outcomes.
881As part of the charter process, Workforce Florida, Inc., shall
882establish incentives for effective coordination of federal and
883state programs, outline rewards for successful job placements,
884and institute collaborative approaches among local service
885providers. Local decisionmaking and control shall be important
886components for inclusion in this charter application.
887     Section 5.  Section 445.006, Florida Statutes, is amended
888to read:
889     445.006  Strategic and operational plans plan for workforce
890development.--
891     (1)  Workforce Florida, Inc., in conjunction with state and
892local partners in the workforce system, shall develop a
893strategic plan for workforce, with the goal of producing skilled
894employees for employers in the state. The strategic plan shall
895be submitted to the Governor, the President of the Senate, and
896the Speaker of the House of Representatives by February 1, 2001.
897The strategic plan shall be updated or modified by January 1 of
898each year thereafter. The plan must include, but need not be
899limited to, strategies for:
900     (a)  Fulfilling the workforce system goals and strategies
901prescribed in s. 445.004;
902     (b)  Aggregating, integrating, and leveraging workforce
903system resources;
904     (c)  Coordinating the activities of federal, state, and
905local workforce system partners;
906     (d)  Addressing the workforce needs of small businesses;
907and
908     (e)  Fostering the participation of rural communities and
909distressed urban cores in the workforce system.
910     (2)  Workforce Florida, Inc., shall establish an
911operational plan to implement the strategic plan. The
912operational plan shall be submitted to the Governor, the
913President of the Senate, and the Speaker of the House of
914Representatives along with the strategic plan and shall reflect
915the allocation of resources as appropriated by the Legislature
916to specific responsibilities enumerated in law. As a component
917of the operational strategic plan required under this section,
918Workforce Florida, Inc., shall develop a workforce marketing
919plan, with the goal of educating individuals inside and outside
920the state about the employment market and employment conditions
921in the state. The marketing plan must include, but need not be
922limited to, strategies for:
923     (a)  Distributing information to secondary and
924postsecondary education institutions about the diversity of
925businesses in the state, specific clusters of businesses or
926business sectors in the state, and occupations by industry which
927are in demand by employers in the state;
928     (b)  Distributing information about and promoting use of
929the Internet-based job matching and labor market information
930system authorized under s. 445.011; and
931     (c)  Coordinating with Enterprise Florida, Inc., to ensure
932that workforce marketing efforts complement the economic
933development marketing efforts of the state.
934     (3)  The operational strategic plan must include
935performance measures, standards, measurement criteria, and
936contract guidelines in the following areas with respect to
937participants in the welfare transition program:
938     (a)  Work participation rates, by type of activity;
939     (b)  Caseload trends;
940     (c)  Recidivism;
941     (d)  Participation in diversion and relocation assistance
942programs;
943     (e)  Employment retention;
944     (f)  Wage growth; and
945     (g)  Other issues identified by the board of directors of
946Workforce Florida, Inc.
947     (4)  The operational strategic plan must include criteria
948for allocating workforce resources to regional workforce boards.
949With respect to allocating funds to serve customers of the
950welfare transition program, such criteria may include weighting
951factors that indicate the relative degree of difficulty
952associated with securing and retaining employment placements for
953specific subsets of the welfare transition caseload.
954     (5)(a)  The operational strategic plan may must include a
955performance-based payment structure to be used for all welfare
956transition program customers which takes into account:
957     1.  The degree of difficulty associated with placement and
958retention;
959     2.  The quality of the placement with respect to salary,
960benefits, and opportunities for advancement; and
961     3.  The employee's retention in the placement.
962     (b)  The payment structure may must provide for bonus
963payments of up to 10 percent of the contract amount to providers
964that achieve notable success in achieving contract objectives,
965including, but not limited to, success in diverting families in
966which there is an adult who is subject to work requirements from
967receiving cash assistance and in achieving long-term job
968retention and wage growth with respect to welfare transition
969program customers. A service provider shall be paid a maximum of
970one payment per service for each participant during any given 6-
971month period.
972     (6)(a)  The operational strategic plan must include
973strategies that are designed to prevent or reduce the need for a
974person to receive public assistance. These strategies must
975include:
976     1.  A teen pregnancy prevention component that includes,
977but is not limited to, a plan for implementing the Florida
978Education Now and Babies Later (ENABL) program under s. 411.242
979and the Teen Pregnancy Prevention Community Initiative within
980each county of the services area in which the teen birth rate is
981higher than the state average;
982     2.  A component that encourages creation of community-based
983welfare prevention and reduction initiatives that increase
984support provided by noncustodial parents to their welfare-
985dependent children and are consistent with program and financial
986guidelines developed by Workforce Florida, Inc., and the
987Commission on Responsible Fatherhood. These initiatives may
988include, but are not limited to, improved paternity
989establishment, work activities for noncustodial parents,
990programs aimed at decreasing out-of-wedlock pregnancies,
991encouraging involvement of fathers with their children including
992court-ordered supervised visitation, and increasing child
993support payments;
994     3.  A component that encourages formation and maintenance
995of two-parent families through, among other things, court-
996ordered supervised visitation;
997     4.  A component that fosters responsible fatherhood in
998families receiving assistance; and
999     5.  A component that fosters provision of services that
1000reduce the incidence and effects of domestic violence on women
1001and children in families receiving assistance.
1002     (b)  Specifications for welfare transition program services
1003that are to be delivered include, but are not limited to:
1004     1.  Initial assessment services prior to an individual
1005being placed in an employment service, to determine whether the
1006individual should be referred for relocation, up-front
1007diversion, education, or employment placement. Assessment
1008services shall be paid on a fixed unit rate and may not provide
1009educational or employment placement services.
1010     2.  Referral of participants to diversion and relocation
1011programs.
1012     3.  Preplacement services, including assessment, staffing,
1013career plan development, work orientation, and employability
1014skills enhancement.
1015     4.  Services necessary to secure employment for a welfare
1016transition program participant.
1017     5.  Services necessary to assist participants in retaining
1018employment, including, but not limited to, remedial education,
1019language skills, and personal and family counseling.
1020     6.  Desired quality of job placements with regard to
1021salary, benefits, and opportunities for advancement.
1022     7.  Expectations regarding job retention.
1023     8.  Strategies to ensure that transition services are
1024provided to participants for the mandated period of eligibility.
1025     9.  Services that must be provided to the participant
1026throughout an education or training program, such as monitoring
1027attendance and progress in the program.
1028     10.  Services that must be delivered to welfare transition
1029program participants who have a deferral from work requirements
1030but wish to participate in activities that meet federal
1031participation requirements.
1032     11.  Expectations regarding continued participant awareness
1033of available services and benefits.
1034     Section 6.  Section 445.007, Florida Statutes, is amended
1035to read:
1036     445.007  Regional workforce boards; exemption from public
1037meetings law.--
1038     (1)  One regional workforce board shall be appointed in
1039each designated service delivery area and shall serve as the
1040local workforce investment board pursuant to Pub. L. No. 105-
1041220. The membership of the board shall be consistent with Pub.
1042L. No. 105-220, Title I, s. 117(b), and contain one
1043representative from a nonpublic postsecondary educational
1044institution that is an authorized individual training account
1045provider within the region and confers certificates and
1046diplomas, one representative from a nonpublic postsecondary
1047educational institution that is an authorized individual
1048training account provider within the region and confers degrees,
1049and three representatives of organized labor. The board shall
1050include one nonvoting representative from a military
1051installation if a military installation is located within the
1052region and the appropriate military command or organization
1053authorizes such representation. Individuals serving as members
1054of regional workforce development boards or local WAGES
1055coalitions, as of June 30, 2000, are eligible for appointment to
1056regional workforce boards, pursuant to this section. It is the
1057intent of the Legislature that, whenever possible and to the
1058greatest extent practicable, membership of a regional workforce
1059board include persons who are current or former recipients of
1060welfare transition assistance as defined in s. 445.002(3) or
1061workforce services as provided in s. 445.009(1), or that such
1062persons be included as ex officio members of the board or of
1063committees organized by the board. The importance of minority
1064and gender representation shall be considered when making
1065appointments to the board. The board and its committees,
1066subcommittees, and subdivisions, or other units of the workforce
1067system, including units that may consist in whole or in part of
1068local governmental units, may use any method of
1069telecommunications to conduct meetings, including establishing a
1070quorum through telecommunications. Regional workforce boards are
1071subject to chapters 119 and 286 and article I, section 24 of the
1072State Constitution. If the regional workforce board enters into
1073a contract with an organization or individual represented on the
1074board of directors, the contract must be approved by a two-
1075thirds vote of the entire board, and the board member who could
1076benefit financially from the transaction must abstain from
1077voting on the contract. A board member must disclose any such
1078conflict in a manner that is consistent with the procedures
1079outlined in s. 112.3143.
1080     (2)  The regional workforce board shall elect a chair from
1081among the representatives described in Pub. L. No. 105-220,
1082Title I, s. 117(b)(2)(A)(i) to serve for a term of no more than
10832 years and to serve no more than two terms. Workforce Florida,
1084Inc., will determine the timeframe and manner of changes to the
1085regional workforce boards as required by this chapter and Pub.
1086L. No. 105-220.
1087     (3)  Workforce Florida, Inc., shall assign staff to meet
1088with each regional workforce board annually to review the
1089board's performance and to certify that the board is in
1090compliance with applicable state and federal law.
1091     (4)  In addition to the duties and functions specified by
1092Workforce Florida, Inc., and by the interlocal agreement
1093approved by the local county or city governing bodies, the
1094regional workforce board shall have the following
1095responsibilities:
1096     (a)  Develop, submit, ratify, or amend the local plan
1097pursuant to Pub. L. No. 105-220, Title I, s. 118, and the
1098provisions of this act.
1099     (b)  Conclude agreements necessary to designate the fiscal
1100agent and administrative entity. A public or private entity,
1101including an entity established pursuant to s. 163.01, which
1102makes a majority of the appointments to a regional workforce
1103board may serve as the board's administrative entity if approved
1104by Workforce Florida, Inc., based upon a showing that a fair and
1105competitive process was used to select the administrative
1106entity.
1107     (c)  Complete assurances required for the charter process
1108of Workforce Florida, Inc., and provide ongoing oversight
1109related to administrative costs, duplicated services, career
1110counseling, economic development, equal access, compliance and
1111accountability, and performance outcomes.
1112     (d)  Oversee the one-stop delivery system in its local
1113area.
1114     (5)  Workforce Florida, Inc., shall implement a training
1115program for the regional workforce boards to familiarize board
1116members with the state's workforce development goals and
1117strategies. The regional workforce board shall designate all
1118local service providers and shall not transfer this authority to
1119a third party. In order to exercise independent oversight, the
1120regional workforce board shall not be a direct provider of
1121intake, assessment, eligibility determinations, or other direct
1122provider services.
1123     (6)  Regional workforce boards shall adopt a committee
1124structure consistent with applicable federal law and state
1125policies established by Workforce Florida, Inc. Regional
1126workforce boards may appoint local committees to obtain
1127technical assistance on issues of importance, including those
1128issues affecting older workers.
1129     (7)  Each regional workforce board shall establish by
1130October 1, 2000, a High Skills/High Wages committee consisting
1131of at least five private-sector business representatives
1132appointed in consultation with local chambers of commerce by the
1133primary county economic development organization within the
1134region, as identified by Enterprise Florida, Inc.; a
1135representative of each primary county economic development
1136organization within the region; the regional workforce board
1137chair; the presidents of all community colleges within the
1138board's region; those district school superintendents with
1139authority for conducting postsecondary educational programs
1140within the region; and two representatives from nonpublic
1141postsecondary educational institutions that are authorized
1142individual training account providers within the region,
1143appointed by the chair of the regional workforce board. If
1144possible, one of the nonpublic educational institutions
1145represented must be accredited by the Southern Association of
1146Colleges and Schools. The business representatives appointed by
1147the primary county economic development organizations need not
1148be members of the regional workforce board and shall represent
1149those industries that are of primary importance to the region's
1150current and future economy. In a multicounty region, each
1151primary county economic development organization within the
1152region shall appoint at least one business representative and
1153shall consult with the other primary county economic development
1154organizations within the region to make joint appointments when
1155necessary.
1156     (a)  At least annually, each High Skills/High Wages
1157committee shall submit recommendations to Workforce Florida,
1158Inc., related to:
1159     1.  Policies to enhance the responsiveness of High
1160Skills/High Wages programs in its region to business and
1161economic development opportunities.
1162     2.  Integrated use of state education and federal workforce
1163development funds to enhance the training and placement of
1164designated population individuals with local businesses and
1165industries.
1166     (b)  The committees shall also make reports to Workforce
1167Florida, Inc., annually, on dates specified by Workforce
1168Florida, Inc., that identify occupations in the region deemed
1169critical to business retention, expansion, and recruitment
1170activities, based on guidelines set by Workforce Florida, Inc.
1171Such guidelines shall include research of the workforce needs of
1172private employers in the region, in consultation with local
1173chambers of commerce and economic development organizations.
1174Occupations identified pursuant to this paragraph shall be
1175considered by Workforce Florida, Inc., for inclusion in the
1176region's targeted occupation list.
1177     (8)  Each regional workforce board shall establish a Better
1178Jobs/Better Wages committee consisting of at least five members.
1179Initial appointments to this committee shall include at least
1180three members of the local WAGES coalition, established pursuant
1181to chapter 96-175, Laws of Florida.
1182     (9)  Each regional workforce board shall establish a First
1183Jobs/First Wages committee consisting of at least five members.
1184This committee shall serve as the youth council for purposes of
1185Pub. L. No. 105-220.
1186     (7)(10)  The importance of minority and gender
1187representation shall be considered when appointments are made to
1188any committee established by the regional workforce board.
1189     (8)(11)  For purposes of procurement, regional workforce
1190boards and their administrative entities are not state agencies
1191and are exempt from chapters 120 and 287, but the boards and
1192their administrative entities must comply with state procurement
1193laws and procedures until Workforce Florida, Inc., adopts the
1194provisions or alternative procurement procedures that meet the
1195requirements of federal law. The regional workforce boards shall
1196apply the procurement and expenditure procedures required by
1197federal law for the expenditure of federal funds. Regional
1198workforce boards and their administrative entities, committees,
1199and subcommittees and other workforce units may promote
1200appropriate activities, incentives, and awards for performance
1201by units of the state's workforce system, and expenditures for
1202such activities, incentives, and awards shall not be subject to
1203chapter 287 or chapter 17, including rules adopted thereunder.
1204However, all expenditures for such activities, incentives, and
1205awards shall be exclusively subject to federal rules and
1206regulations applicable to expenditure of federal funds. All
1207contracts executed by regional workforce boards must include
1208specific performance expectations and deliverables.
1209     (9)(12)  Any meeting or portion of a meeting held by
1210Workforce Florida, Inc., or a regional workforce board or local
1211committee created under this section at which personal
1212identifying information contained in records relating to
1213temporary cash assistance, as defined in s. 414.0252, is
1214discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
1215State Constitution if the information identifies a participant,
1216a participant's family, or a participant's family or household
1217member, as defined in s. 414.0252. This subsection is subject to
1218the Open Government Sunset Review Act of 1995 in accordance with
1219s. 119.15, and shall stand repealed on October 2, 2006, unless
1220reviewed and saved from repeal through reenactment by the
1221Legislature.
1222     Section 7.  Subsection (3) and paragraph (d) of subsection
1223(8) of section 445.009, Florida Statutes, are amended to read:
1224     445.009  One-stop delivery system.--
1225     (3)  Notwithstanding any other provision of law, any
1226memorandum of understanding in effect on June 30, 2000, between
1227a regional workforce board and the Department of Labor and
1228Employment Security governing the delivery of workforce services
1229shall remain in effect until September 30, 2000. Beginning
1230October 1, 2000, regional workforce boards shall enter into a
1231memorandum of understanding with the Agency for Workforce
1232Innovation for the delivery of employment services authorized by
1233the federal Wagner-Peyser Act. This memorandum of understanding
1234must be performance based.
1235     (a)  Unless otherwise required by federal law, at least 90
1236percent of the Wagner-Peyser funding must go into direct
1237customer service costs.
1238     (b)  Employment services must be provided through the one-
1239stop delivery system, under the guidance of one-stop delivery
1240system operators. One-stop delivery system operators shall have
1241overall authority for directing the staff of the workforce
1242system. Personnel matters shall remain under the ultimate
1243authority of the Agency for Workforce Innovation. However, the
1244one-stop delivery system operator shall submit to the agency
1245information concerning the job performance of agency employees
1246who deliver employment services. The agency shall consider any
1247such information submitted by the one-stop delivery system
1248operator in conducting performance appraisals of the employees.
1249     (c)  The agency shall retain fiscal responsibility and
1250accountability for the administration of funds allocated to the
1251state under the Wagner-Peyser Act. An agency employee who is
1252providing services authorized under the Wagner-Peyser Act shall
1253be paid using Wagner-Peyser Act funds.
1254     (d)  The Office of Program Policy Analysis and Government
1255Accountability, in consultation with Workforce Florida, Inc.,
1256shall review the delivery of employment services under the
1257Wagner-Peyser Act and the integration of those services with
1258other activities performed through the one-stop delivery system
1259and shall provide recommendations to the Legislature for
1260improving the effectiveness of the delivery of employment
1261services in this state. The Office of Program Policy Analysis
1262and Government Accountability shall submit a report and
1263recommendations to the Governor, the President of the Senate,
1264and the Speaker of the House of Representatives by December 31,
12652002.
1266     (8)
1267     (d)  To the maximum extent possible, training providers
1268shall use funding sources other than the funding provided under
1269Pub. L. No. 105-220. Workforce Florida, Inc., shall develop a
1270system to encourage the leveraging of appropriated resources for
1271the workforce system and shall report on such efforts as part of
1272the required annual report. A performance outcome related to
1273alternative financing obtained by the training provider shall be
1274established by Workforce Florida, Inc., and used for performance
1275evaluation purposes. The performance evaluation must take into
1276consideration the number of alternative funding sources.
1277     Section 8.  Section 445.019, Florida Statutes, is amended
1278to read:
1279     445.019  Teen parent and pregnancy prevention diversion
1280program; eligibility for services.--The Legislature recognizes
1281that teen pregnancy is a major cause of dependency on government
1282assistance that often extends through more than one generation.
1283The purpose of the teen parent and pregnancy prevention
1284diversion program is to provide services to reduce and avoid
1285welfare dependency by reducing teen pregnancy, reducing the
1286incidence of multiple pregnancies to teens, and by assisting
1287teens in completing educational and employment programs.
1288     (1)  Notwithstanding any provision to the contrary in ss.
1289414.075, 414.085, and 414.095, a teen who is determined to be at
1290risk of teen pregnancy or who already has a child shall be
1291deemed eligible to receive services under this program.
1292     (2)  Services provided under this program shall be limited
1293to services that are not considered assistance under federal law
1294or guidelines.
1295     (3)  Receipt of services under this section does not
1296preclude eligibility for, or receipt of, other assistance or
1297services under chapter 414.
1298     Section 9.  Section 445.020, Florida Statutes, is amended
1299to read:
1300     445.020  Diversion programs; determination of need.--If
1301federal regulations require a determination of needy families or
1302needy parents to be based on financial criteria, such as income
1303or resources, for individuals or families who are receiving
1304services, one-time payments, or nonrecurring short-term
1305benefits, the Temporary Assistance for Needy Families State Plan
1306Department of Children and Family Services shall clearly
1307indicate adopt rules to define such criteria. In such rules, the
1308department shall use the income level established for Temporary
1309Assistance for Needy Families funds which are transferred for
1310use under Title XX of the Social Security Act. If federal
1311regulations do not require a financial determination for receipt
1312of such benefits, payments, or services, the criteria otherwise
1313established in this chapter shall be used.
1314     Section 10.  Sections 445.005, 445.012, 445.0121, 445.0122,
1315445.0123, 445.0124, 445.0125, 445.013, 446.21, 446.22, 446.23,
1316446.24, 446.25, 446.26, and 446.27, Florida Statutes, are
1317repealed.
1318     Section 11.  This act shall take effect July 1, 2005.


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