September 19, 2020
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Bill No. 1258
Amendment No. 057529
Senate House

1Representative Simmons offered the following:
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 1011.80, Florida Statutes, is reenacted
6to read:
7     1011.80  Funds for operation of adult technical education
9     (1)  As used in this section, the terms "workforce
10development education" and "workforce development program"
12     (a)  Adult general education programs designed to improve
13the employability skills of the state's workforce as defined in
14s. 1004.02(5).
15     (b)  Career and technical certificate programs, as defined
16in s. 1004.02(23).
17     (c)  Applied technology diploma programs.
18     (d)  Continuing workforce education courses.
19     (e)  Degree technical education programs.
20     (f)  Apprenticeship and preapprenticeship programs as
21defined in s. 446.021.
22     (2)  Any workforce development education program may be
23conducted by a community college or a school district, except
24that college credit in an associate in applied science or an
25associate in science degree may be awarded only by a community
26college. However, if an associate in applied science or an
27associate in science degree program contains within it an
28occupational completion point that confers a certificate or an
29applied technology diploma, that portion of the program may be
30conducted by a school district technical center. Any instruction
31designed to articulate to a degree program is subject to
32guidelines and standards adopted by the State Board of Education
33pursuant to s. 1007.25.
34     (3)  If a program for disabled adults pursuant to s.
351004.93 is a workforce development program as defined in law, it
36must be funded as provided in this section.
37     (4)  The Florida Workforce Development Education Fund is
38created to provide performance-based funding for all workforce
39development programs, whether the programs are offered by a
40school district or a community college. Funding for all
41workforce development education programs must be from the
42Workforce Development Education Fund and must be based on cost
43categories, performance output measures, and performance outcome
45     (a)  The cost categories must be calculated to identify
46high-cost programs, medium-cost programs, and low-cost programs.
47The cost analysis used to calculate and assign a program of
48study to a cost category must include at least both direct and
49indirect instructional costs, consumable supplies, equipment,
50and standard program length.
51     (b)1.  The performance output measure for career and
52technical education programs of study is student completion of a
53career and technical program of study that leads to an
54occupational completion point associated with a certificate; an
55apprenticeship program; or a program that leads to an applied
56technology diploma or an associate in applied science or
57associate in science degree. Performance output measures for
58registered apprenticeship programs shall be based on program
59lengths that coincide with lengths established pursuant to the
60requirements of chapter 446.
61     2.  The performance output measure for an adult general
62education course of study is measurable improvement in student
63skills. This measure shall include improvement in literacy
64skills, grade level improvement as measured by an approved test,
65or attainment of a State of Florida diploma or an adult high
66school diploma.
67     (c)  The performance outcome measures for programs funded
68through the Workforce Development Education Fund are associated
69with placement and retention of students after reaching a
70completion point or completing a program of study. These
71measures include placement or retention in employment that is
72related to the program of study; placement into or retention in
73employment in an occupation on the Workforce Estimating
74Conference list of high-wage, high-skill occupations with
75sufficient openings, or other High Wage/High Skill Program
76occupations as determined by Workforce Florida, Inc.; and
77placement and retention of participants or former participants
78in the welfare transition program in employment. Continuing
79postsecondary education at a level that will further enhance
80employment is a performance outcome for adult general education
81programs. Placement and retention must be reported pursuant to
82ss. 1008.39 and 1008.43.
83     (5)  State funding and student fees for workforce
84development instruction funded through the Workforce Development
85Education Fund shall be established as follows:
86     (a)  For a continuing workforce education course, state
87funding shall equal 50 percent of the cost of instruction, with
88student fees, business support, quick-response training funds,
89or other means making up the remaining 50 percent.
90     (b)  For all other workforce development education funded
91through the Workforce Development Education Fund, state funding
92shall equal 75 percent of the average cost of instruction with
93the remaining 25 percent made up from student fees. Fees for
94courses within a program shall not vary according to the cost of
95the individual program, but instead shall be based on a uniform
96fee calculated and set at the state level, as adopted by the
97State Board of Education, unless otherwise specified in the
98General Appropriations Act.
99     (c)  For fee-exempt students pursuant to s. 1009.25, unless
100otherwise provided for in law, state funding shall equal 100
101percent of the average cost of instruction.
102     (6)(a)  A school district or a community college that
103provides workforce development education funded through the
104Workforce Development Education Fund shall receive funds in
105accordance with distributions for base and performance funding
106established by the Legislature in the General Appropriations
107Act, pursuant to the following conditions:
108     1.  Base funding shall not exceed 85 percent of the current
109fiscal year total Workforce Development Education Fund
110allocation, which shall be distributed by the Legislature in the
111General Appropriations Act based on a maximum of 85 percent of
112the institution's prior year total allocation from base and
113performance funds.
114     2.  Performance funding shall be at least 15 percent of the
115current fiscal year total Workforce Development Education Fund
116allocation, which shall be distributed by the Legislature in the
117General Appropriations Act based on the previous fiscal year's
118achievement of output and outcomes in accordance with formulas
119adopted pursuant to subsection (9). Performance funding must
120incorporate payments for at least three levels of placements
121that reflect wages and workforce demand. Payments for
122completions must not exceed 60 percent of the payments for
123placement. School districts and community colleges shall be
124awarded funds pursuant to this paragraph based on performance
125output data and performance outcome data available in that year.
126     3.  If a local educational agency achieves a level of
127performance sufficient to generate a full allocation as
128authorized by the workforce development funding formula, the
129agency may earn performance incentive funds as appropriated for
130that purpose in a General Appropriations Act. If performance
131incentive funds are funded and awarded, these funds must be
132added to the local educational agency's prior year total
133allocation from the Workforce Development Education Fund and
134shall be used to calculate the following year's base funding.
135     (b)  A program is established to assist school districts
136and community colleges in responding to the needs of new and
137expanding businesses and thereby strengthening the state's
138workforce and economy. The program may be funded in the General
139Appropriations Act. A school district or community college may
140expend funds under the program without regard to performance
141criteria set forth in subparagraph (a)2. The district or
142community college shall use the program to provide customized
143training for businesses which satisfies the requirements of s.
144288.047. Business firms whose employees receive the customized
145training must provide 50 percent of the cost of the training.
146Balances remaining in the program at the end of the fiscal year
147shall not revert to the general fund, but shall be carried over
148for 1 additional year and used for the purpose of serving
149incumbent worker training needs of area businesses with fewer
150than 100 employees. Priority shall be given to businesses that
151must increase or upgrade their use of technology to remain
153     (7)  A school district or community college that earns
154performance funding must use the money to benefit the
155postsecondary adult and technical education programs it
156provides. The money may be used for equipment upgrades, program
157expansions, or any other use that would result in workforce
158development program improvement. The district school board or
159community college board of trustees may not withhold any portion
160of the performance funding for indirect costs. Notwithstanding
161s. 216.351, funds awarded pursuant to this section may be
162carried across fiscal years and shall not revert to any other
163fund maintained by the district school board or community
164college board of trustees.
165     (8)  The State Board of Education and Workforce Florida,
166Inc., shall provide the Legislature with recommended formulas,
167criteria, timeframes, and mechanisms for distributing
168performance funds. The commissioner shall consolidate the
169recommendations and develop a consensus proposal for funding.
170The Legislature shall adopt a formula and distribute the
171performance funds to the State Board of Education for community
172colleges and school districts through the General Appropriations
173Act. These recommendations shall be based on formulas that would
174discourage low-performing or low-demand programs and encourage
175through performance-funding awards:
176     (a)  Programs that prepare people to enter high-wage
177occupations identified by the Workforce Estimating Conference
178created by s. 216.136 and other programs as approved by
179Workforce Florida, Inc. At a minimum, performance incentives
180shall be calculated for adults who reach completion points or
181complete programs that lead to specified high-wage employment
182and to their placement in that employment.
183     (b)  Programs that successfully prepare adults who are
184eligible for public assistance, economically disadvantaged,
185disabled, not proficient in English, or dislocated workers for
186high-wage occupations. At a minimum, performance incentives
187shall be calculated at an enhanced value for the completion of
188adults identified in this paragraph and job placement of such
189adults upon completion. In addition, adjustments may be made in
190payments for job placements for areas of high unemployment.
191     (c)  Programs that are specifically designed to be
192consistent with the workforce needs of private enterprise and
193regional economic development strategies, as defined in
194guidelines set by Workforce Florida, Inc. Workforce Florida,
195Inc., shall develop guidelines to identify such needs and
196strategies based on localized research of private employers and
197economic development practitioners.
198     (d)  Programs identified by Workforce Florida, Inc., as
199increasing the effectiveness and cost efficiency of education.
201     (9)  A high school student dually enrolled under s.
2021007.271 in a workforce development program funded through the
203Workforce Development Education Fund and operated by a community
204college or school district technical center generates the amount
205calculated by the Workforce Development Education Fund,
206including any payment of performance funding, and the
207proportional share of full-time equivalent enrollment generated
208through the Florida Education Finance Program for the student's
209enrollment in a high school. If a high school student is dually
210enrolled in a community college program, including a program
211conducted at a high school, the community college earns the
212funds generated through the Workforce Development Education Fund
213and the school district earns the proportional share of full-
214time equivalent funding from the Florida Education Finance
215Program. If a student is dually enrolled in a technical center
216operated by the same district as the district in which the
217student attends high school, that district earns the funds
218generated through the Workforce Development Education Fund and
219also earns the proportional share of full-time equivalent
220funding from the Florida Education Finance Program. If a student
221is dually enrolled in a workforce development program provided
222by a technical center operated by a different school district,
223the funds must be divided between the two school districts
224proportionally from the two funding sources. A student may not
225be reported for funding in a dual enrollment workforce
226development program unless the student has completed the basic
227skills assessment pursuant to s. 1004.91.
228     (10)  The State Board of Education may adopt rules to
229administer this section.
230     Section 2.  Section 1011.83, Florida Statutes, is reenacted
231to read:
232     1011.83  Financial support of community colleges.--Each
233community college that has been approved by the Department of
234Education and meets the requirements of law and rules of the
235State Board of Education shall participate in the Community
236College Program Fund. However, funds to support workforce
237development programs conducted by community colleges shall be
238provided by the Workforce Development Education Fund pursuant to
239s. 1011.80.
240     Section 3.  This act shall take effect July 1, 2004.
242================= T I T L E  A M E N D M E N T =================
243     Remove the entire title and insert:
A bill to be entitled
245An act relating to workforce development education
246programs; reenacting s. 1011.80, F.S., relating to funds
247for operation of adult technical education programs;
248reenacting s. 1011.83, F.S., relating to financial support
249of community colleges; providing an effective date.

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