Section 445.007, Florida Statutes 2004
445.007 Regional workforce boards; exemption from public meetings law.--
(1) One regional workforce board shall be appointed in each designated service delivery area and shall serve as the local workforce investment board pursuant to Pub. L. No. 105-220. The membership of the board shall be consistent with Pub. L. No. 105-220, Title I, s. 117(b), and contain one representative from a nonpublic postsecondary educational institution that is an authorized individual training account provider within the region and confers certificates and diplomas, one representative from a nonpublic postsecondary educational institution that is an authorized individual training account provider within the region and confers degrees, and three representatives of organized labor. The board shall include one representative from a military installation if a military installation is located within the region. Individuals serving as members of regional workforce development boards or local WAGES coalitions, as of June 30, 2000, are eligible for appointment to regional workforce boards, pursuant to this section. It is the intent of the Legislature that, whenever possible and to the greatest extent practicable, membership of a regional workforce board include persons who are current or former recipients of welfare transition assistance as defined in s. 445.002(3) or workforce services as provided in s. 445.009(1), or that such persons be included as ex officio members of the board or of committees organized by the board. The importance of minority and gender representation shall be considered when making appointments to the board. If the regional workforce board enters into a contract with an organization or individual represented on the board of directors, the contract must be approved by a two-thirds vote of the entire board, and the board member who could benefit financially from the transaction must abstain from voting on the contract. A board member must disclose any such conflict in a manner that is
consistent with the procedures outlined in s. 112.3143.
(2) Workforce Florida, Inc., will determine the timeframe and manner of changes to the regional workforce boards as required by this chapter and Pub. L. No. 105-220.
(3) Workforce Florida, Inc., shall assign staff to meet with each regional workforce board annually to review the board's performance and to certify that the board is in compliance with applicable state and federal law.
(4) In addition to the duties and functions specified by Workforce Florida, Inc., and by the interlocal agreement approved by the local county or city governing bodies, the regional workforce board shall have the following responsibilities:
(a) Develop, submit, ratify, or amend the local plan pursuant to Pub. L. No. 105-220, Title I, s. 118, and the provisions of this act.
(b) Conclude agreements necessary to designate the fiscal agent and administrative entity. A public or private entity, including an entity established pursuant to s. 163.01, which makes a majority of the appointments to a regional workforce board may serve as the board's administrative entity if approved by Workforce Florida, Inc., based upon a showing that a fair and competitive process was used to select the administrative entity.
(c) Complete assurances required for the charter process of Workforce Florida, Inc., and provide ongoing oversight related to administrative costs, duplicated services, career counseling, economic development, equal access, compliance and accountability, and performance outcomes.
(d) Oversee the one-stop delivery system in its local area.
(5) Workforce Florida, Inc., shall implement a training program for the regional workforce boards to familiarize board members with the state's workforce development goals and strategies. The regional workforce board shall designate all local service providers and shall not transfer this authority to a third party. In order to exercise independent oversight, the regional workforce board shall not be a direct provider of intake, assessment, eligibility determinations, or other direct provider services.
(6) Regional workforce boards may appoint local committees to obtain technical assistance on issues of importance, including those issues affecting older workers.
(7) Each regional workforce board shall establish by October 1, 2000, a High Skills/High Wages committee consisting of at least five private-sector business representatives appointed in consultation with local chambers of commerce by the primary county economic development organization within the region, as identified by Enterprise Florida, Inc.; a representative of each primary county economic development organization within the region; the regional workforce board chair; the presidents of all community colleges within the board's region; those district school superintendents with authority for conducting postsecondary educational programs within the region; and two representatives from nonpublic postsecondary educational institutions that are authorized individual training account providers within the region, appointed by the chair of the regional workforce board. If possible, one of the nonpublic educational institutions represented must be accredited by the Southern Association of Colleges and Schools. The business representatives appointed by the primary county economic development organizations need not be members of the regional workforce board and shall represent those industries that are of primary importance to the region's current and future economy. In a multicounty region, each primary county economic development organization within the region shall appoint at least one business representative and shall consult with the other primary county economic development organizations within the region to make joint appointments when necessary.
(a) At least annually, each High Skills/High Wages committee shall submit recommendations to Workforce Florida, Inc., related to:
1. Policies to enhance the responsiveness of High Skills/High Wages programs in its region to business and economic development opportunities.
2. Integrated use of state education and federal workforce development funds to enhance the training and placement of designated population individuals with local businesses and industries.
(b) The committees shall also make reports to Workforce Florida, Inc., annually, on dates specified by Workforce Florida, Inc., that identify occupations in the region deemed critical to business retention, expansion, and recruitment activities, based on guidelines set by Workforce Florida, Inc. Such guidelines shall include research of the workforce needs of private employers in the region, in consultation with local chambers of commerce and economic development organizations. Occupations identified pursuant to this paragraph shall be considered by Workforce Florida, Inc., for inclusion in the region's targeted occupation list.
(8) Each regional workforce board shall establish a Better Jobs/Better Wages committee consisting of at least five members. Initial appointments to this committee shall include at least three members of the local WAGES coalition, established pursuant to chapter 96-175, Laws of Florida.
(9) Each regional workforce board shall establish a First Jobs/First Wages committee consisting of at least five members. This committee shall serve as the youth council for purposes of Pub. L. No. 105-220.
(10) The importance of minority and gender representation shall be considered when appointments are made to any committee established by the regional workforce board.
(11) For purposes of procurement, regional workforce boards and their administrative entities are not state agencies, but the boards and their administrative entities must comply with state procurement laws and procedures until Workforce Florida, Inc., adopts the provisions or alternative procurement procedures that meet the requirements of federal law. All contracts executed by regional workforce boards must include specific performance expectations and deliverables.
(12) Any meeting or portion of a meeting held by Workforce Florida, Inc., or a regional workforce board or local committee created under this section at which personal identifying information contained in records relating to temporary cash assistance, as defined in s. 414.0252, is discussed is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution if the information identifies a participant, a participant's family, or a participant's family or household member, as defined in s. 414.0252. This subsection is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15, and shall stand repealed on October 2, 2006, unless reviewed and saved from repeal through reenactment by the Legislature.
History.--s. 2, ch. 96-404; s. 1072, ch. 97-103; s. 54, ch. 99-251; s. 7, ch. 2000-165; s. 3, ch. 2001-160; s. 5, ch. 2001-175; s. 8, ch. 2004-230.
Note.--Former s. 446.602; s. 288.9953.