Bill Text: FL S1244 | 2020 | Regular Session | Introduced


Bill Title: State Workforce Development Boards

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2020-03-14 - Died in Messages [S1244 Detail]

Download: Florida-2020-S1244-Introduced.html
       Florida Senate - 2020                                    SB 1244
       
       
        
       By Senator Albritton
       
       
       
       
       
       26-00826B-20                                          20201244__
    1                        A bill to be entitled                      
    2         An act relating to state workforce development boards;
    3         amending s. 445.002, F.S.; defining the terms “for
    4         cause” and “state board”; amending s. 445.003, F.S.;
    5         replacing CareerSource Florida, Inc., with the state
    6         board or the Department of Economic Opportunity in
    7         provisions relating to the implementation of the
    8         federal Workforce Innovation and Opportunity Act;
    9         authorizing, rather than requiring, certain funds to
   10         be reserved for the Incumbent Worker Training Program;
   11         conforming provisions to changes made by the act;
   12         authorizing the state board to hire a director and
   13         staff; requiring the state board to authorize the
   14         director and staff to work with the department for
   15         specified reasons; amending s. 445.004, F.S.; revising
   16         provisions relating to the operation of CareerSource
   17         Florida, Inc.; revising the purpose of CareerSource
   18         Florida, Inc.; providing purpose for the state board;
   19         revising the organizational structure of CareerSource
   20         Florida, Inc.; providing requirements for the
   21         organizational structure of the state board; providing
   22         the state board with powers and authority previously
   23         held by CareerSource Florida, Inc.; revising the
   24         requirements related to such powers and authority;
   25         authorizing the department to consult with the state
   26         board to issue certain technical assistance letters;
   27         requiring the state board, rather than CareerSource
   28         Florida, Inc., to submit an annual report to the
   29         Governor and the Legislature; authorizing the Auditor
   30         General to conduct an audit of the state board and
   31         programs or entities created by the state board;
   32         requiring the state board, rather than CareerSource
   33         Florida, Inc., to establish certain uniform
   34         performance accountability measures; requiring the
   35         state board, in consultation with the department, to
   36         design the workforce development strategy for the
   37         state; requiring that the strategy be approved by the
   38         Governor; revising requirements relating to the
   39         workforce development system; amending s. 445.006,
   40         F.S.; requiring that the state board, rather than
   41         CareerSource Florida, Inc., take certain actions
   42         relating to the state plan for workforce development;
   43         amending s. 445.007, F.S.; replacing CareerSource
   44         Florida, Inc., with the state board or the department
   45         in provisions relating to local workforce development
   46         boards; deleting the definition of the term “cause”;
   47         authorizing a chief elected official for a local
   48         workforce development board to remove certain persons
   49         from the board for cause; requiring the department to
   50         provide certain guidance to specified entities;
   51         deleting an obsolete provision; making technical
   52         changes; amending s. 445.0071, F.S.; replacing
   53         CareerSource Florida, Inc., with the state board or
   54         the department in provisions relating to the Florida
   55         Youth Summer Jobs Pilot Program; amending s. 445.008,
   56         F.S.; revising authority relating to the Workforce
   57         Training Institute; requiring that certain donations
   58         and grants be reported to the state board and the
   59         department; amending s. 445.009, F.S.; replacing
   60         CareerSource Florida, Inc., with the state board or
   61         the department in provisions relating to one-stop
   62         delivery systems; deleting an obsolete provision;
   63         amending s. 445.011, F.S.; replacing CareerSource
   64         Florida, Inc., with the department in provisions
   65         relating to workforce information systems; requiring
   66         the department to consult with the state board in
   67         implementing certain automated information systems;
   68         deleting a provision requiring CareerSource Florida,
   69         Inc., to take certain actions when procuring workforce
   70         information systems; amending s. 445.028, F.S.;
   71         replacing CareerSource Florida, Inc., with the
   72         department in provisions relating to transitional
   73         benefits and services; amending s. 445.051, F.S.;
   74         replacing CareerSource Florida, Inc., with the state
   75         board in provisions relating to individual development
   76         accounts; amending ss. 11.45 and 443.171, F.S.;
   77         conforming provisions to changes made by the act;
   78         providing an effective date.
   79          
   80  Be It Enacted by the Legislature of the State of Florida:
   81  
   82         Section 1. Present subsections (2) and (3) of section
   83  445.002, Florida Statutes, are redesignated as subsections (3)
   84  and (5), respectively, and new subsections (2) and (4) are added
   85  to that section, to read:
   86         445.002 Definitions.—As used in this chapter, the term:
   87         (2)“For cause” includes, but is not limited to, engaging
   88  in fraud or other criminal acts, incapacity, unfitness, neglect
   89  of duty, official incompetence and irresponsibility,
   90  misfeasance, malfeasance, nonfeasance, or lack of performance.
   91         (4) “State board” means the state workforce development
   92  board established pursuant to the Workforce Innovation and
   93  Opportunity Act, Pub. L. No. 113-128, Title I, s. 101. The state
   94  board shall be supported by CareerSource Florida, Inc., which
   95  works at the direction of the state board in consultation with
   96  the department as required by this chapter.
   97         Section 2. Subsections (2) and (3), paragraphs (b) and (c)
   98  of subsection (4), and subsection (5) of section 445.003,
   99  Florida Statutes, are amended, and subsection (6) is added to
  100  that section, to read:
  101         445.003 Implementation of the federal Workforce Innovation
  102  and Opportunity Act.—
  103         (2) FOUR-YEAR PLAN.—The state board CareerSource Florida,
  104  Inc., shall prepare and submit a 4-year plan, consistent with
  105  the requirements of the Workforce Innovation and Opportunity
  106  Act. Mandatory and optional federal partners shall be fully
  107  involved in designing the plan’s one-stop delivery system
  108  strategy. The plan must clearly define each program’s statewide
  109  duties and role relating to the system. The plan must detail a
  110  process that would fully integrate all federally mandated and
  111  optional partners.
  112         (3) FUNDING.—
  113         (a) Title I, Workforce Innovation and Opportunity Act
  114  funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be
  115  expended based on the 4-year plan of the state board
  116  CareerSource Florida, Inc. The plan must outline and direct the
  117  method used to administer and coordinate various funds and
  118  programs that are operated by various agencies. The following
  119  provisions apply to these funds:
  120         1. At least 50 percent of the Title I funds for Adults and
  121  Dislocated Workers which are passed through to local workforce
  122  development boards shall be allocated to and expended on
  123  Individual Training Accounts unless a local workforce
  124  development board obtains a waiver from the state board
  125  CareerSource Florida, Inc. Tuition, books, and fees of training
  126  providers and other training services prescribed and authorized
  127  by the Workforce Innovation and Opportunity Act qualify as
  128  Individual Training Account expenditures.
  129         2. Fifteen percent of Title I funding shall be retained at
  130  the state level and dedicated to state administration and shall
  131  be used to design, develop, induce, and fund innovative
  132  Individual Training Account pilots, demonstrations, and
  133  programs. Of such funds retained at the state level, $2 million
  134  may shall be reserved for the Incumbent Worker Training Program
  135  created under subparagraph 3. Eligible state administration
  136  costs include the costs of funding for the state board and state
  137  board staff of CareerSource Florida, Inc.; operating fiscal,
  138  compliance, and management accountability systems through the
  139  department CareerSource Florida, Inc.; conducting evaluation and
  140  research on workforce development activities; and providing
  141  technical and capacity building assistance to local workforce
  142  development areas at the direction of the state board
  143  CareerSource Florida, Inc. Notwithstanding s. 445.004, such
  144  administrative costs may not exceed 25 percent of these funds.
  145  An amount not to exceed 75 percent of these funds shall be
  146  allocated to Individual Training Accounts and other workforce
  147  development strategies for other training designed and tailored
  148  by the department in consultation with the state board
  149  CareerSource Florida, Inc., including, but not limited to,
  150  programs for incumbent workers, nontraditional employment, and
  151  enterprise zones. The department, in consultation with the state
  152  board CareerSource Florida, Inc., shall design, adopt, and fund
  153  Individual Training Accounts for distressed urban and rural
  154  communities.
  155         3. The Incumbent Worker Training Program is created for the
  156  purpose of providing grant funding for continuing education and
  157  training of incumbent employees at existing Florida businesses.
  158  The program will provide reimbursement grants to businesses that
  159  pay for preapproved, direct, training-related costs.
  160         a. The Incumbent Worker Training Program will be
  161  administered by CareerSource Florida, Inc., which may, at its
  162  discretion, contract with a private business organization to
  163  serve as grant administrator.
  164         b. The program shall be administered pursuant to s.
  165  134(d)(4) of the Workforce Innovation and Opportunity Act.
  166  Priority for funding shall be given to businesses with 25
  167  employees or fewer, businesses in rural areas, businesses in
  168  distressed inner-city areas, businesses in a qualified targeted
  169  industry, businesses whose grant proposals represent a
  170  significant upgrade in employee skills, or businesses whose
  171  grant proposals represent a significant layoff avoidance
  172  strategy.
  173         c. All costs reimbursed by the program must be preapproved
  174  by CareerSource Florida, Inc., or the grant administrator. The
  175  program may not reimburse businesses for trainee wages, the
  176  purchase of capital equipment, or the purchase of any item or
  177  service that may possibly be used outside the training project.
  178  A business approved for a grant may be reimbursed for
  179  preapproved, direct, training-related costs including tuition,
  180  fees, books and training materials, and overhead or indirect
  181  costs not to exceed 5 percent of the grant amount.
  182         d. A business that is selected to receive grant funding
  183  must provide a matching contribution to the training project,
  184  including, but not limited to, wages paid to trainees or the
  185  purchase of capital equipment used in the training project; must
  186  sign an agreement with CareerSource Florida, Inc., or the grant
  187  administrator to complete the training project as proposed in
  188  the application; must keep accurate records of the project’s
  189  implementation process; and must submit monthly or quarterly
  190  reimbursement requests with required documentation.
  191         e. All Incumbent Worker Training Program grant projects
  192  shall be performance-based with specific measurable performance
  193  outcomes, including completion of the training project and job
  194  retention. CareerSource Florida, Inc., or the grant
  195  administrator shall withhold the final payment to the grantee
  196  until a final grant report is submitted and all performance
  197  criteria specified in the grant contract have been achieved.
  198         f. The state board CareerSource Florida, Inc., may
  199  establish guidelines necessary to implement the Incumbent Worker
  200  Training Program.
  201         g. No more than 10 percent of the Incumbent Worker Training
  202  Program’s total appropriation may be used for overhead or
  203  indirect purposes.
  204         4. At least 50 percent of Rapid Response funding shall be
  205  dedicated to Intensive Services Accounts and Individual Training
  206  Accounts for dislocated workers and incumbent workers who are at
  207  risk of dislocation. The department CareerSource Florida, Inc.,
  208  shall also maintain an Emergency Preparedness Fund from Rapid
  209  Response funds, which will immediately issue Intensive Service
  210  Accounts, Individual Training Accounts, and other federally
  211  authorized assistance to eligible victims of natural or other
  212  disasters. At the direction of the Governor, these Rapid
  213  Response funds shall be released to local workforce development
  214  boards for immediate use after events that qualify under federal
  215  law. Funding shall also be dedicated to maintain a unit at the
  216  state level to respond to Rapid Response emergencies and to work
  217  with state emergency management officials and local workforce
  218  development boards. All Rapid Response funds must be expended
  219  based on a plan developed by the state board in consultation
  220  with the department CareerSource Florida, Inc., and approved by
  221  the Governor.
  222         (b) The administrative entity for Title I, Workforce
  223  Innovation and Opportunity Act funds, and Rapid Response
  224  activities is the department of Economic Opportunity, which
  225  shall provide direction to local workforce development boards
  226  regarding Title I programs and Rapid Response activities
  227  pursuant to the direction of CareerSource Florida, Inc.
  228         (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
  229  MODIFICATIONS.—
  230         (b) The state board, in consultation with the department
  231  CareerSource Florida, Inc., may make modifications to the
  232  state’s plan, policies, and procedures to comply with federally
  233  mandated requirements that in its judgment must be complied with
  234  to maintain funding provided pursuant to Pub. L. No. 113-128.
  235  The state board shall provide written notice to the Governor,
  236  the President of the Senate, and the Speaker of the House of
  237  Representatives within 30 days after any such changes or
  238  modifications.
  239         (c) The state board CareerSource Florida, Inc., shall enter
  240  into a memorandum of understanding with the Florida Department
  241  of Education to ensure that federally mandated requirements of
  242  Pub. L. No. 113-128 are met and are in compliance with the state
  243  plan for workforce development.
  244         (5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.—The
  245  state board CareerSource Florida, Inc., may recommend workforce
  246  related divisions, bureaus, units, programs, duties,
  247  commissions, boards, and councils for elimination,
  248  consolidation, or privatization.
  249         (6)AUTHORITY TO HIRE DIRECTOR AND STAFF.—The state board
  250  may hire a director and staff to assist in carrying out the
  251  functions of the Workforce Innovation and Opportunity Act and in
  252  using funds made available through the act. The state board
  253  shall authorize the director and staff to work with the
  254  department in carrying out the functions of the Workforce
  255  Innovation and Opportunity Act.
  256         Section 3. Section 445.004, Florida Statutes, is amended to
  257  read:
  258         445.004 CareerSource Florida, Inc., and the state board;
  259  creation; purpose; membership; duties and powers.—
  260         (1) CareerSource Florida, Inc., is created as a not-for
  261  profit corporation, which shall be registered, incorporated,
  262  organized, and operated in compliance with chapter 617 and shall
  263  operate at the direction of the state board. CareerSource
  264  Florida, Inc., is not a unit or entity of state government and
  265  is exempt from chapters 120 and 287. CareerSource Florida, Inc.,
  266  shall apply the procurement and expenditure procedures required
  267  by federal law for the expenditure of federal funds.
  268  CareerSource Florida, Inc., shall be administratively housed
  269  within the department and shall operate under agreement with the
  270  department of Economic Opportunity; however, CareerSource
  271  Florida, Inc., is not subject to control, supervision, or
  272  direction by the department in any manner. The Legislature finds
  273  that public policy dictates that CareerSource Florida, Inc.,
  274  operate in the most open and accessible manner consistent with
  275  its public purpose. To this end, the Legislature specifically
  276  declares that CareerSource Florida, Inc., its board, councils,
  277  and any advisory committees or similar groups created by
  278  CareerSource Florida, Inc., are subject to the provisions of
  279  chapter 119 relating to public records, and those provisions of
  280  chapter 286 relating to public meetings.
  281         (2) CareerSource Florida, Inc., provides administrative
  282  support for the state board, is the principal workforce policy
  283  organization for the state. The purpose of the state board
  284  CareerSource Florida, Inc., is to design and implement
  285  strategies that help Floridians enter, remain in, and advance in
  286  the workplace, so that they may become more highly skilled and
  287  successful, which benefits these Floridians, Florida businesses,
  288  and the entire state, and fosters the development of the state’s
  289  business climate. CareerSource Florida, Inc., shall, consistent
  290  with its agreement with the department, implement the policy
  291  directives of the state board and administer state workforce
  292  development programs as authorized by law.
  293         (3)(a) CareerSource Florida, Inc., shall be governed by a
  294  board of directors, whose membership and appointment must be
  295  consistent with Pub. L. No. 113-128, Title I, s. 101(b). Members
  296  of the state board described in Pub. L. No. 113-128, Title I, s.
  297  101(b)(1)(C)(iii)(I)(aa) shall be nonvoting members. The number
  298  of directors shall be determined by the Governor, who shall
  299  consider the importance of minority, gender, and geographic
  300  representation in making appointments to the board. When the
  301  Governor is in attendance, he or she shall preside at all
  302  meetings of the state board of directors.
  303         (b) The state board of directors of CareerSource Florida,
  304  Inc., shall be chaired by a board member designated by the
  305  Governor pursuant to Pub. L. No. 113-128. A member may not serve
  306  more than two terms.
  307         (c) Members appointed by the Governor may serve no more
  308  than two terms and must be appointed for 3-year terms. However,
  309  in order to establish staggered terms for board members, the
  310  Governor shall appoint or reappoint one-third of the board
  311  members for 1-year terms, one-third of the board members for 2
  312  year terms, and one-third of the board members for 3-year terms
  313  beginning July 1, 2016. Subsequent appointments or
  314  reappointments shall be for 3-year terms, except that a member
  315  appointed to fill a vacancy on the board shall be appointed to
  316  serve only the remainder of the term of the member whom he or
  317  she is replacing, and may be appointed for a subsequent 3-year
  318  term. Private sector representatives of businesses, appointed by
  319  the Governor pursuant to Pub. L. No. 113-128, shall constitute a
  320  majority of the membership of the board. Private sector
  321  representatives shall be appointed from nominations received by
  322  the Governor, including, but not limited to, those nominations
  323  made by the President of the Senate and the Speaker of the House
  324  of Representatives. Private sector appointments to the board
  325  must be representative of the business community of this state;
  326  no fewer than one-half of the appointments must be
  327  representative of small businesses, and at least five members
  328  must have economic development experience. Members appointed by
  329  the Governor serve at the pleasure of the Governor and are
  330  eligible for reappointment.
  331         (d) The board must include the vice chairperson of the
  332  board of directors of Enterprise Florida, Inc., and one member
  333  representing each of the Workforce Innovation and Opportunity
  334  Act partners, including the Division of Career and Adult
  335  Education, and other entities representing programs identified
  336  in the Workforce Innovation and Opportunity Act, as determined
  337  necessary.
  338         (e) A member of the state board of directors of
  339  CareerSource Florida, Inc., may be removed by the Governor for
  340  cause. Absence from three consecutive meetings results in
  341  automatic removal. The chair of the state board CareerSource
  342  Florida, Inc., shall notify the Governor of such absences.
  343         (f) Representatives of businesses appointed to the state
  344  board of directors may not include providers of workforce
  345  services.
  346         (g)The state board serves as the board of directors of
  347  CareerSource Florida, Inc. The state board shall hire an
  348  executive director. The executive director is the president, the
  349  chief executive officer, and an employee of CareerSource
  350  Florida, Inc.
  351         (4)(a) The president of CareerSource Florida, Inc., shall
  352  be hired by the board of directors of CareerSource Florida,
  353  Inc., and shall serve at the pleasure of the Governor in the
  354  capacity of an executive director and secretary of CareerSource
  355  Florida, Inc.
  356         (b) The state board of directors of CareerSource Florida,
  357  Inc., shall meet at least quarterly and at other times upon the
  358  call of its chair. The board and its committees, subcommittees,
  359  or other subdivisions may use any method of telecommunications
  360  to conduct meetings, including establishing a quorum through
  361  telecommunications, if the public is given proper notice of the
  362  telecommunications meeting and is given reasonable access to
  363  observe and, if appropriate, participate.
  364         (c) A majority of the total current membership of the state
  365  board of directors of CareerSource Florida, Inc., constitutes a
  366  quorum.
  367         (d) A majority of those voting is required to organize and
  368  conduct the business of the board, except that a majority of the
  369  entire board of directors is required to adopt or amend the
  370  bylaws.
  371         (e) Except as delegated or authorized by the state board of
  372  directors of CareerSource Florida, Inc., individual members have
  373  no authority to control or direct the operations of CareerSource
  374  Florida, Inc., or the actions of its officers and employees,
  375  including the president.
  376         (f) Members of the state board of directors of CareerSource
  377  Florida, Inc., and its committees serve without compensation,
  378  but these members, the president, and the employees of
  379  CareerSource Florida, Inc., may be reimbursed for all
  380  reasonable, necessary, and actual expenses pursuant to s.
  381  112.061.
  382         (g) The state board shall of directors of CareerSource
  383  Florida, Inc., may establish an executive committee consisting
  384  of the chair and at least six additional board members selected
  385  by the chair, one of whom must be a representative of organized
  386  labor. The executive committee and the president have such
  387  authority as the board delegates to them, except that the state
  388  board of directors may not delegate to the executive committee
  389  authority to take action that requires approval by a majority of
  390  the entire state board of directors.
  391         (h) The chair may appoint committees to fulfill the board’s
  392  responsibilities, to comply with federal requirements, or to
  393  obtain technical assistance, and must incorporate members of
  394  local workforce development boards into its structure.
  395         (i) Each member of the state board of directors who is not
  396  otherwise required to file a financial disclosure pursuant to s.
  397  8, Art. II of the State Constitution or s. 112.3144 must file
  398  disclosure of financial interests pursuant to s. 112.3145.
  399         (5) The state board CareerSource Florida, Inc., shall have
  400  all the powers and authority not explicitly prohibited by
  401  statute which are necessary or convenient to carry out and
  402  effectuate its purposes as determined by statute, Pub. L. No.
  403  113-128, and the Governor, as well as its functions, duties, and
  404  responsibilities, including, but not limited to, the following:
  405         (a) Serving as the state’s Workforce Development Board
  406  pursuant to Pub. L. No. 113-128. Unless otherwise required by
  407  federal law, at least 90 percent of workforce development
  408  funding must go toward direct customer service.
  409         (b) Providing oversight and policy direction to ensure that
  410  the following programs are administered by the department
  411  consistent in compliance with approved plans and under contract
  412  with CareerSource Florida, Inc.:
  413         1. Programs authorized under Title I of the Workforce
  414  Innovation and Opportunity Act, Pub. L. No. 113-128, with the
  415  exception of programs funded directly by the United States
  416  Department of Labor under Title I, s. 167.
  417         2. Programs authorized under the Wagner-Peyser Act of 1933,
  418  as amended, 29 U.S.C. ss. 49 et seq.
  419         3. Activities authorized under Title II of the Trade Act of
  420  2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
  421  Adjustment Assistance Program.
  422         4. Activities authorized under 38 U.S.C. chapter 41,
  423  including job counseling, training, and placement for veterans.
  424         5. Employment and training activities carried out under
  425  funds awarded to this state by the United States Department of
  426  Housing and Urban Development.
  427         6. Welfare transition services funded by the Temporary
  428  Assistance for Needy Families Program, created under the
  429  Personal Responsibility and Work Opportunity Reconciliation Act
  430  of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
  431  of the Social Security Act, as amended.
  432         7. The Florida Bonding Program, provided under Pub. L. No.
  433  97-300, s. 164(a)(1).
  434         8. The Food Assistance Employment and Training Program,
  435  provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
  436  2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
  437  and the Hunger Prevention Act, Pub. L. No. 100-435.
  438         9. The Quick-Response Training Program, provided under ss.
  439  288.046-288.047. Matching funds and in-kind contributions that
  440  are provided by clients of the Quick-Response Training Program
  441  shall count toward the requirements of s. 288.904, pertaining to
  442  the return on investment from activities of Enterprise Florida,
  443  Inc.
  444         10. The Work Opportunity Tax Credit, provided under the Tax
  445  and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
  446  the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
  447         11. Offender placement services, provided under ss.
  448  944.707-944.708.
  449         (c) The department may adopt rules necessary to administer
  450  this chapter which relate to implementing and administering the
  451  programs listed in paragraph (b) as well as rules related to
  452  eligible training providers and auditing and monitoring
  453  subrecipients of the workforce system grant funds. The
  454  department may consult with the state board to issue technical
  455  assistance letters on the operation of federal programs and the
  456  expenditure of federal funds by the state board or any local
  457  workforce development board. A technical assistance letter must
  458  be in writing, must be posted on the department’s website, and
  459  remains in effect until superseded or terminated. A technical
  460  assistance letter is not a declaratory statement issued pursuant
  461  to s. 120.565, an order issued pursuant to s. 120.569, or a rule
  462  of general applicability under s. 120.54. Section 120.53 does
  463  not apply to technical assistance letters.
  464         (d) Contracting with public and private entities as
  465  necessary to further the directives of this section. All
  466  contracts executed by CareerSource Florida, Inc., must include
  467  specific performance expectations and deliverables. All
  468  CareerSource Florida, Inc., contracts, including those
  469  solicited, managed, or paid by the department pursuant to s.
  470  20.60(5)(c) are exempt from s. 112.061, but shall be governed by
  471  subsection (1).
  472         (e) Notifying the Governor and the department of statewide
  473  or local workforce development and training needs that may
  474  require policy changes or an update to the state plan required
  475  under s. 445.003, and notifying the Governor, the President of
  476  the Senate, and the Speaker of the House of Representatives of
  477  noncompliance by the department or other agencies or obstruction
  478  of the state board’s efforts by such agencies. Upon such
  479  notification, the Executive Office of the Governor shall assist
  480  agencies to bring them into compliance with board objectives.
  481         (f) Ensuring that the state does not waste valuable
  482  training resources. The state board’s policy shall be board
  483  shall direct that all resources, including equipment purchased
  484  for training Workforce Innovation and Opportunity Act clients,
  485  be available for use at all times by eligible populations as
  486  first priority users. At times when eligible populations are not
  487  available, such resources shall be used for any other state
  488  authorized education and training purpose. The state board
  489  CareerSource Florida, Inc., may authorize expenditures to award
  490  suitable framed certificates, pins, or other tokens of
  491  recognition for performance by a local workforce development
  492  board, its committees and subdivisions, and other units of the
  493  workforce system. The state board CareerSource Florida, Inc.,
  494  may also authorize expenditures for promotional items, such as
  495  t-shirts, hats, or pens printed with messages promoting the
  496  state’s workforce system to employers, job seekers, and program
  497  participants. However, such expenditures are subject to federal
  498  regulations applicable to the expenditure of federal funds.
  499         (g) Establishing a dispute resolution process for all
  500  memoranda of understanding or other contracts or agreements
  501  entered into between the department and local workforce
  502  development boards.
  503         (h) Archiving records with the Bureau of Archives and
  504  Records Management of the Division of Library and Information
  505  Services of the Department of State.
  506         (6) The state board CareerSource Florida, Inc., may take
  507  action that it deems necessary to achieve the purposes of this
  508  section, including, but not limited to:
  509         (a) Creating a state employment, education, and training
  510  policy that ensures that programs to prepare workers are
  511  responsive to present and future business and industry needs and
  512  complement the initiatives of Enterprise Florida, Inc.
  513         (b) Establishing policy direction for a funding system that
  514  provides incentives to improve the outcomes of career education,
  515  registered apprenticeship, and work-based learning programs and
  516  that focuses resources on occupations related to new or emerging
  517  industries that add greatly to the value of the state’s economy.
  518         (c) Establishing a comprehensive policy related to the
  519  education and training of target populations such as those who
  520  have disabilities, are economically disadvantaged, receive
  521  public assistance, are not proficient in English, or are
  522  dislocated workers. This approach should ensure the effective
  523  use of federal, state, local, and private resources in reducing
  524  the need for public assistance.
  525         (d) Designating Institutes of Applied Technology composed
  526  of public and private postsecondary institutions working
  527  together with business and industry to ensure that career
  528  education programs use the most advanced technology and
  529  instructional methods available and respond to the changing
  530  needs of business and industry.
  531         (e) Providing policy direction for a system to project and
  532  evaluate labor market supply and demand using the results of the
  533  Workforce Estimating Conference created in s. 216.136 and the
  534  career education performance standards identified under s.
  535  1008.43.
  536         (f) Reviewing the performance of public programs that are
  537  responsible for economic development, education, employment, and
  538  training. The review must include an analysis of the return on
  539  investment of these programs.
  540         (g) Expanding the occupations identified by the Workforce
  541  Estimating Conference to meet needs created by local emergencies
  542  or plant closings or to capture occupations within emerging
  543  industries.
  544         (7) By December 1 of each year, the state board
  545  CareerSource Florida, Inc., shall submit to the Governor, the
  546  President of the Senate, the Speaker of the House of
  547  Representatives, the Senate Minority Leader, and the House
  548  Minority Leader a complete and detailed annual report setting
  549  forth:
  550         (a) All audits, including any audit conducted under
  551  subsection (8).
  552         (b) The operations and accomplishments of the board,
  553  including the programs or entities specified in subsection (6).
  554         (8) Pursuant to his or her own authority or at the
  555  direction of the Legislative Auditing Committee, the Auditor
  556  General may conduct an audit of the state board and CareerSource
  557  Florida, Inc., or the programs or entities created by the state
  558  board CareerSource Florida, Inc. The Office of Program Policy
  559  Analysis and Government Accountability, pursuant to its
  560  authority or at the direction of the Legislative Auditing
  561  Committee, may review the systems and controls related to
  562  performance outcomes and quality of services of CareerSource
  563  Florida, Inc.
  564         (9) The state board CareerSource Florida, Inc., in
  565  collaboration with the local workforce development boards and
  566  appropriate state agencies and local public and private service
  567  providers, shall establish uniform performance accountability
  568  measures that apply across the core programs to gauge the
  569  performance of the state and local workforce development boards
  570  in achieving the workforce development strategy.
  571         (a) The performance accountability measures for the core
  572  programs consist of the primary indicators of performance, any
  573  additional indicators of performance, and a state-adjusted level
  574  of performance for each indicator pursuant to Pub. L. No. 113
  575  128, Title I, s. 116(b).
  576         (b) The performance accountability measures for each local
  577  area consist of the primary indicators of performance, any
  578  additional indicators of performance, and a local level of
  579  performance for each indicator pursuant to Pub. L. No. 113-128.
  580  The local level of performance is determined by the local board,
  581  the chief elected official, and the Governor pursuant to Pub. L.
  582  No. 113-128, Title I, s. 116(c).
  583         (c) Performance accountability measures shall be used to
  584  generate performance reports pursuant to Pub. L. No. 113-128,
  585  Title I, s. 116(d).
  586         (d) The performance accountability measures of success that
  587  are adopted by the state board CareerSource Florida, Inc., or
  588  the local workforce development boards must be developed in a
  589  manner that provides for an equitable comparison of the relative
  590  success or failure of any service provider in terms of positive
  591  outcomes.
  592         (10) The workforce development strategy for the state shall
  593  be designed by the state board, in consultation with the
  594  department, and approved by the Governor CareerSource Florida,
  595  Inc. The strategy must include efforts that enlist business,
  596  education, and community support for students to achieve long
  597  term career goals, ensuring that young people have the academic
  598  and occupational skills required to succeed in the workplace.
  599  The strategy must also assist employers in upgrading or updating
  600  the skills of their employees and assisting workers to acquire
  601  the education or training needed to secure a better job with
  602  better wages. The strategy must assist the state’s efforts to
  603  attract and expand job-creating businesses offering high-paying,
  604  high-demand occupations.
  605         (11) The workforce development system must encourage use a
  606  charter-process approach aimed at encouraging local design and
  607  control of service delivery and targeted activities. The state
  608  board, in consultation with the department CareerSource Florida,
  609  Inc., shall be responsible for ensuring that granting charters
  610  to local workforce development boards that have a membership
  611  consistent with the requirements of federal and state law and
  612  have developed a plan consistent with the state’s workforce
  613  development strategy. The plan must specify methods for
  614  allocating the resources and programs in a manner that
  615  eliminates unwarranted duplication, minimizes administrative
  616  costs, meets the existing job market demands and the job market
  617  demands resulting from successful economic development
  618  activities, ensures access to quality workforce development
  619  services for all Floridians, allows for pro rata or partial
  620  distribution of benefits and services, prohibits the creation of
  621  a waiting list or other indication of an unserved population,
  622  serves as many individuals as possible within available
  623  resources, and maximizes successful outcomes. The state board As
  624  part of the charter process, CareerSource Florida, Inc., shall
  625  establish incentives for effective coordination of federal and
  626  state programs, outline rewards for successful job placements,
  627  and institute collaborative approaches among local service
  628  providers. Local decisionmaking and control shall be important
  629  components for inclusion in this charter application.
  630         (12) CareerSource Florida, Inc., under the direction of the
  631  state board, shall enter into agreement with Space Florida and
  632  collaborate with vocational institutes, community colleges,
  633  colleges, and universities in this state to develop a workforce
  634  development strategy to implement the workforce provisions of s.
  635  331.3051.
  636         Section 4. Section 445.006, Florida Statutes, is amended to
  637  read:
  638         445.006 State plan for workforce development.—
  639         (1) STATE PLAN.—The state board CareerSource Florida, Inc.,
  640  in conjunction with state and local partners in the workforce
  641  system, shall develop a state plan that produces an educated and
  642  skilled workforce. The state plan must consist of strategic and
  643  operational planning elements. The state plan shall be submitted
  644  by the Governor to the United States Department of Labor
  645  pursuant to the requirements of Pub. L. No. 113-128.
  646         (2) STRATEGIC PLANNING ELEMENTS.—The state board
  647  CareerSource Florida, Inc., in conjunction with state and local
  648  partners in the workforce system, shall develop strategic
  649  planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
  650  102, for the state plan.
  651         (a) The strategic planning elements of the state plan must
  652  include, but need not be limited to, strategies for:
  653         1. Fulfilling the workforce system goals and strategies
  654  prescribed in s. 445.004;
  655         2. Aggregating, integrating, and leveraging workforce
  656  system resources;
  657         3. Coordinating the activities of federal, state, and local
  658  workforce system partners;
  659         4. Addressing the workforce needs of small businesses; and
  660         5. Fostering the participation of rural communities and
  661  distressed urban cores in the workforce system.
  662         (b) The strategic planning elements must include criteria
  663  for allocating workforce resources to local workforce
  664  development boards. With respect to allocating funds to serve
  665  customers of the welfare transition program, such criteria may
  666  include weighting factors that indicate the relative degree of
  667  difficulty associated with securing and retaining employment
  668  placements for specific subsets of the welfare transition
  669  caseload.
  670         (3) OPERATIONAL PLANNING ELEMENTS.—The state board
  671  CareerSource Florida, Inc., in conjunction with state and local
  672  partners in the workforce system, shall develop operational
  673  planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
  674  102, for the state plan.
  675         Section 5. Subsection (1), paragraph (b) of subsection (2),
  676  and subsections (3) through (7) and (9) through (13) of section
  677  445.007, Florida Statutes, are amended, and paragraph (c) is
  678  added to subsection (2) of that section, to read:
  679         445.007 Local workforce development boards.—
  680         (1) One local workforce development board shall be
  681  appointed in each designated service delivery area and shall
  682  serve as the local workforce development board pursuant to Pub.
  683  L. No. 113-128. The membership of the local board must be
  684  consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
  685  public education or training provider is represented on the
  686  local board, a representative of a private education provider
  687  must also be appointed to the local board. The state board
  688  CareerSource Florida, Inc., may waive this requirement if
  689  requested by a local workforce development board if it is
  690  demonstrated that such representatives do not exist in the
  691  region. The importance of minority and gender representation
  692  shall be considered when making appointments to the local board.
  693  The local board, its committees, subcommittees, and
  694  subdivisions, and other units of the workforce system, including
  695  units that may consist in whole or in part of local governmental
  696  units, may use any method of telecommunications to conduct
  697  meetings, including establishing a quorum through
  698  telecommunications, provided that the public is given proper
  699  notice of the telecommunications meeting and reasonable access
  700  to observe and, when appropriate, participate. Local workforce
  701  development boards are subject to chapters 119 and 286 and s.
  702  24, Art. I of the State Constitution. If the local workforce
  703  development board enters into a contract with an organization or
  704  individual represented on the local board of directors, the
  705  contract must be approved by a two-thirds vote of the local
  706  board, a quorum having been established, and the local board
  707  member who could benefit financially from the transaction must
  708  abstain from voting on the contract. A local board member must
  709  disclose any such conflict in a manner that is consistent with
  710  the procedures outlined in s. 112.3143. Each member of a local
  711  workforce development board who is not otherwise required to
  712  file a full and public disclosure of financial interests
  713  pursuant to s. 8, Art. II of the State Constitution or s.
  714  112.3144 shall file a statement of financial interests pursuant
  715  to s. 112.3145. The executive director or designated person
  716  responsible for the operational and administrative functions of
  717  the local workforce development board who is not otherwise
  718  required to file a full and public disclosure of financial
  719  interests pursuant to s. 8, Art. II of the State Constitution or
  720  s. 112.3144 shall file a statement of financial interests
  721  pursuant to s. 112.3145.
  722         (2)
  723         (b) The Governor may remove a member of the local board,
  724  the executive director of the local board, or the designated
  725  person responsible for the operational and administrative
  726  functions of the local board for cause. As used in this
  727  paragraph, the term “cause” includes, but is not limited to,
  728  engaging in fraud or other criminal acts, incapacity, unfitness,
  729  neglect of duty, official incompetence and irresponsibility,
  730  misfeasance, malfeasance, nonfeasance, or lack of performance.
  731         (c)The chief elected official for the local workforce
  732  development board may remove a member of the local board, the
  733  executive director of the local board, or the designated person
  734  responsible for the operational and administrative functions of
  735  the local board for cause.
  736         (3) The department of Economic Opportunity, under the
  737  direction of CareerSource Florida, Inc., shall assign staff to
  738  meet with each local workforce development board annually to
  739  review the local board’s performance and to certify that the
  740  local board is in compliance with applicable state and federal
  741  law.
  742         (4) In addition to the duties and functions specified by
  743  the state board CareerSource Florida, Inc., and by the
  744  interlocal agreement approved by the local county or city
  745  governing bodies, the local workforce development board shall
  746  have the following responsibilities:
  747         (a) Develop, submit, ratify, or amend the local plan
  748  pursuant to Pub. L. No. 113-128, Title I, s. 108 and this act.
  749         (b) Conclude agreements necessary to designate the fiscal
  750  agent and administrative entity. A public or private entity,
  751  including an entity established pursuant to s. 163.01, which
  752  makes a majority of the appointments to a local workforce
  753  development board may serve as the local board’s administrative
  754  entity if approved by the department CareerSource Florida, Inc.,
  755  based upon a showing that a fair and competitive process was
  756  used to select the administrative entity.
  757         (c) Complete assurances required for the charter process of
  758  CareerSource Florida, Inc., and Provide ongoing oversight
  759  related to administrative costs, duplicated services, career
  760  counseling, economic development, equal access, compliance and
  761  accountability, and performance outcomes.
  762         (d) Oversee the one-stop delivery system in its local area.
  763         (5) The department, in conjunction with the state board
  764  CareerSource Florida, Inc., shall implement a training program
  765  for the local workforce development boards to familiarize local
  766  board members with the state’s workforce development goals and
  767  strategies.
  768         (6) The local workforce development board shall designate
  769  all local service providers and may not transfer this authority
  770  to a third party. Consistent with the intent of the Workforce
  771  Innovation and Opportunity Act, local workforce development
  772  boards should provide the greatest possible choice of training
  773  providers to those who qualify for training services. A local
  774  workforce development board may not restrict the choice of
  775  training providers based upon cost, location, or historical
  776  training arrangements. However, a local board may restrict the
  777  amount of training resources available to any one client. Such
  778  restrictions may vary based upon the cost of training in the
  779  client’s chosen occupational area. The local workforce
  780  development board may be designated as a one-stop operator and
  781  direct provider of intake, assessment, eligibility
  782  determinations, or other direct provider services except
  783  training services. Such designation may occur only with the
  784  agreement of the chief elected official and the Governor as
  785  specified in 29 U.S.C. s. 2832(f)(2). The state board
  786  CareerSource Florida, Inc., shall establish procedures by which
  787  a local workforce development board may request permission to
  788  operate under this section and the criteria under which such
  789  permission may be granted. The criteria shall include, but need
  790  not be limited to, a reduction in the cost of providing the
  791  permitted services. Such permission shall be granted for a
  792  period not to exceed 3 years for any single request submitted by
  793  the local workforce development board.
  794         (7) Local workforce development boards shall adopt a
  795  committee structure consistent with applicable federal law and
  796  state policies established by the state board CareerSource
  797  Florida, Inc.
  798         (9) For purposes of procurement, local workforce
  799  development boards and their administrative entities are not
  800  state agencies and are exempt from chapters 120 and 287. The
  801  local workforce development boards shall apply the procurement
  802  and expenditure procedures required by federal law and policies
  803  of the department of Economic Opportunity and the state board
  804  CareerSource Florida, Inc., for the expenditure of federal,
  805  state, and nonpass-through funds. The making or approval of
  806  smaller, multiple payments for a single purchase with the intent
  807  to avoid or evade the monetary thresholds and procedures
  808  established by federal law and policies of the department of
  809  Economic Opportunity and the state board CareerSource Florida,
  810  Inc., is grounds for removal for cause. Local workforce
  811  development boards, their administrative entities, committees,
  812  and subcommittees, and other workforce units may authorize
  813  expenditures to award suitable framed certificates, pins, or
  814  other tokens of recognition for performance by units of the
  815  workforce system. Local workforce development boards; their
  816  administrative entities, committees, and subcommittees; and
  817  other workforce units may authorize expenditures for promotional
  818  items, such as t-shirts, hats, or pens printed with messages
  819  promoting Florida’s workforce system to employers, job seekers,
  820  and program participants. However, such expenditures are subject
  821  to federal regulations applicable to the expenditure of federal
  822  funds. All contracts executed by local workforce development
  823  boards must include specific performance expectations and
  824  deliverables.
  825         (10) State and federal funds provided to the local
  826  workforce development boards may not be used directly or
  827  indirectly to pay for meals, food, or beverages for board
  828  members, staff, or employees of local workforce development
  829  boards, the state board CareerSource Florida, Inc., or the
  830  department of Economic Opportunity except as expressly
  831  authorized by state law. Preapproved, reasonable, and necessary
  832  per diem allowances and travel expenses may be reimbursed. Such
  833  reimbursement shall be at the standard travel reimbursement
  834  rates established in s. 112.061 and shall be in compliance with
  835  all applicable federal and state requirements. The department
  836  shall provide fiscal and programmatic guidance CareerSource
  837  Florida, Inc., shall develop a statewide fiscal policy
  838  applicable to the state board, CareerSource Florida, Inc., and
  839  all local workforce development boards, to hold both the state
  840  and local workforce development boards strictly accountable for
  841  adherence to the policy and subject to regular and periodic
  842  monitoring by the department of Economic Opportunity, the
  843  administrative entity for CareerSource Florida, Inc. Local
  844  boards are prohibited from expending state or federal funds for
  845  entertainment costs and recreational activities for local board
  846  members and employees as these terms are defined by 2 C.F.R.
  847  part 200 230.
  848         (11) To increase transparency and accountability, a local
  849  workforce development board must comply with the requirements of
  850  this section before contracting with a member of the local board
  851  or a relative, as defined in s. 112.3143(1)(c), of a local board
  852  member or of an employee of the local board. Such contracts may
  853  not be executed before or without the prior approval of the
  854  department CareerSource Florida, Inc. Such contracts, as well as
  855  documentation demonstrating adherence to this section as
  856  specified by the department CareerSource Florida, Inc., must be
  857  submitted to the department of Economic Opportunity for review
  858  and approval recommendation according to criteria to be
  859  determined by CareerSource Florida, Inc. Such a contract must be
  860  approved by a two-thirds vote of the local board, a quorum
  861  having been established; all conflicts of interest must be
  862  disclosed before the vote; and any member who may benefit from
  863  the contract, or whose relative may benefit from the contract,
  864  must abstain from the vote. A contract under $25,000 between a
  865  local workforce development board and a member of that board or
  866  between a relative, as defined in s. 112.3143(1)(c), of a local
  867  board member or of an employee of the local board is not
  868  required to have the prior approval of the department
  869  CareerSource Florida, Inc., but must be approved by a two-thirds
  870  vote of the local board, a quorum having been established, and
  871  must be reported to the department of Economic Opportunity and
  872  the state board CareerSource Florida, Inc., within 30 days after
  873  approval. If a contract cannot be approved by the department
  874  CareerSource Florida, Inc., a review of the decision to
  875  disapprove the contract may be requested by the local workforce
  876  development board or other parties to the disapproved contract.
  877         (12) Each local workforce development board shall develop a
  878  budget for the purpose of carrying out the duties of the local
  879  board under this section, subject to the approval of the chief
  880  elected official. Each local workforce development board shall
  881  submit its annual budget for review to the department
  882  CareerSource Florida, Inc., no later than 2 weeks after the
  883  chair approves the budget.
  884         (13) By March 1, 2018, CareerSource Florida, Inc., shall
  885  establish regional planning areas in accordance with Pub. L. No.
  886  113-128, Title I, s. 106(a)(2). Local workforce development
  887  boards and chief elected officials within identified regional
  888  planning areas shall prepare a regional workforce development
  889  plan as required under Pub. L. No. 113-128, Title I, s.
  890  106(c)(2).
  891         Section 6. Subsections (1) and (4) of section 445.0071,
  892  Florida Statutes, are amended to read:
  893         445.0071 Florida Youth Summer Jobs Pilot Program.—
  894         (1) CREATION.—Contingent upon appropriations, there is
  895  created the Florida Youth Summer Jobs Pilot Program within
  896  workforce development district 22 served by the Broward
  897  Workforce Development Board. The board shall, in consultation
  898  with the state board CareerSource Florida, Inc., provide a
  899  program offering at-risk and disadvantaged children summer jobs
  900  in partnership with local communities and public employers.
  901         (4) GOVERNANCE.—
  902         (a) The pilot program shall be administered by the local
  903  workforce development board in consultation with the state board
  904  CareerSource Florida, Inc.
  905         (b) The local workforce development board shall report to
  906  the state board and the department CareerSource Florida, Inc.,
  907  the number of at-risk and disadvantaged children who enter the
  908  program, the types of work activities they participate in, and
  909  the number of children who return to school, go on to
  910  postsecondary school, or enter the workforce full time at the
  911  end of the program. The state board CareerSource Florida, Inc.,
  912  shall report to the Legislature by November 1 of each year on
  913  the performance of the program.
  914         Section 7. Subsections (1) and (2) of section 445.008,
  915  Florida Statutes, are amended to read:
  916         445.008 Workforce Training Institute.—
  917         (1) The state board, through CareerSource Florida, Inc.,
  918  may create the Workforce Training Institute, which shall be a
  919  comprehensive program of workforce training courses designed to
  920  meet the unique needs of, and shall include Internet-based
  921  training modules suitable for and made available to,
  922  professionals integral to the workforce system, including
  923  advisors and counselors in educational institutions.
  924         (2) The state board, through CareerSource Florida, Inc.,
  925  may enter into a contract for the provision of administrative
  926  support services for the institute and shall adopt policies for
  927  the administration and operation of the institute and establish
  928  admission fees in an amount which, in the aggregate, does not
  929  exceed the cost of the program. CareerSource Florida, Inc., may
  930  accept donations or grants of any type for any function or
  931  purpose of the institute. All donations and grants received by
  932  CareerSource Florida, Inc., must be reported to the state board
  933  and the department.
  934         Section 8. Subsections (2), (3), and (4), paragraph (b) of
  935  subsection (6), subsection (7), paragraphs (a), (c), and (d) of
  936  subsection (8), and subsection (9) of section 445.009, Florida
  937  Statutes, are amended to read:
  938         445.009 One-stop delivery system.—
  939         (2)(a) Subject to a process designed by the state board
  940  CareerSource Florida, Inc., and in compliance with Pub. L. No.
  941  113-128, local workforce development boards shall designate one
  942  stop delivery system operators.
  943         (b) A local workforce development board may designate as
  944  its one-stop delivery system operator any public or private
  945  entity that is eligible to provide services under any state or
  946  federal workforce program that is a mandatory or discretionary
  947  partner in the local workforce development area’s one-stop
  948  delivery system if approved by the department CareerSource
  949  Florida, Inc., upon a showing by the local workforce development
  950  board that a fair and competitive process was used in the
  951  selection. As a condition of authorizing a local workforce
  952  development board to designate such an entity as its one-stop
  953  delivery system operator, the department CareerSource Florida,
  954  Inc., must require the local workforce development board to
  955  demonstrate that safeguards are in place to ensure that the one
  956  stop delivery system operator will not exercise an unfair
  957  competitive advantage or unfairly refer or direct customers of
  958  the one-stop delivery system to services provided by that one
  959  stop delivery system operator. A local workforce development
  960  board may retain its current one-stop career center operator
  961  without further procurement action if the board has an
  962  established one-stop career center that has complied with
  963  federal and state law.
  964         (c) The local workforce development board must enter into a
  965  memorandum of understanding with each mandatory or optional
  966  partner participating in the one-stop delivery system which
  967  details the partner’s required contribution to infrastructure
  968  costs, as required by Pub. L. No. 113-128, s. 121(h). If the
  969  local workforce development board and the one-stop partner are
  970  unable to come to an agreement regarding infrastructure costs by
  971  July 1, 2017, the costs shall be allocated pursuant to a policy
  972  established by the Governor.
  973         (3) Local workforce development boards shall enter into a
  974  memorandum of understanding with the department of Economic
  975  Opportunity for the delivery of employment services authorized
  976  by the federal Wagner-Peyser Act. This memorandum of
  977  understanding must be performance based.
  978         (a) Unless otherwise required by federal law, at least 90
  979  percent of the Wagner-Peyser funding must go into direct
  980  customer service costs.
  981         (b) Employment services must be provided through the one
  982  stop delivery system, under the guidance of one-stop delivery
  983  system operators. One-stop delivery system operators shall have
  984  overall authority for directing the staff of the workforce
  985  system. Personnel matters shall remain under the ultimate
  986  authority of the department. However, the one-stop delivery
  987  system operator shall submit to the department information
  988  concerning the job performance of employees of the department
  989  who deliver employment services. The department shall consider
  990  any such information submitted by the one-stop delivery system
  991  operator in conducting performance appraisals of the employees.
  992         (c) The department shall retain fiscal responsibility and
  993  accountability for the administration of funds allocated to the
  994  state under the Wagner-Peyser Act. An employee of the department
  995  who is providing services authorized under the Wagner-Peyser Act
  996  shall be paid using Wagner-Peyser Act funds.
  997         (4) One-stop delivery system partners shall enter into a
  998  memorandum of understanding pursuant to Pub. L. No. 113-128,
  999  Title I, s. 121, with the local workforce development board.
 1000  Failure of a local partner to participate cannot unilaterally
 1001  block the majority of partners from moving forward with their
 1002  one-stop delivery system, and the state board, in conjunction
 1003  with the department, may notify the Governor CareerSource
 1004  Florida, Inc., pursuant to s. 445.004(5)(e), may make
 1005  notification of a local partner that fails to participate.
 1006         (6)
 1007         (b) To expand electronic capabilities, the state board and
 1008  the department CareerSource Florida, Inc., working with local
 1009  workforce development boards, shall develop a centralized help
 1010  center to assist local workforce development boards in
 1011  fulfilling core services, minimizing the need for fixed-site
 1012  one-stop delivery system centers.
 1013         (7) Intensive services and training provided pursuant to
 1014  Pub. L. No. 113-128 shall be provided to individuals through
 1015  Intensive Service Accounts and Individual Training Accounts. The
 1016  state board CareerSource Florida, Inc., shall develop an
 1017  implementation plan, including identification of initially
 1018  eligible training providers, transition guidelines, and criteria
 1019  for use of these accounts. Individual Training Accounts must be
 1020  compatible with Individual Development Accounts for education
 1021  allowed in federal and state welfare reform statutes.
 1022         (8)(a) Individual Training Accounts must be expended on
 1023  programs that prepare people to enter high-wage occupations
 1024  identified by the Workforce Estimating Conference created by s.
 1025  216.136, and on other programs recommended by the state board
 1026  and approved by the department as approved by CareerSource
 1027  Florida, Inc.
 1028         (c) The department CareerSource Florida, Inc., shall
 1029  periodically review Individual Training Account pricing
 1030  schedules developed by local workforce development boards and
 1031  present findings and recommendations for process improvement to
 1032  the President of the Senate and the Speaker of the House of
 1033  Representatives.
 1034         (d) To the maximum extent possible, training providers
 1035  shall use funding sources other than the funding provided under
 1036  Pub. L. No. 113-128. The state board CareerSource Florida, Inc.,
 1037  shall develop a system to encourage the leveraging of
 1038  appropriated resources for the workforce system and shall report
 1039  on such efforts as part of the required annual report.
 1040         (9)(a) The state board CareerSource Florida, Inc., working
 1041  with the department, shall coordinate among the agencies a plan
 1042  for a One-Stop Electronic Network made up of one-stop delivery
 1043  system centers and other partner agencies that are operated by
 1044  authorized public or private for-profit or not-for-profit
 1045  agents. The plan shall identify resources within existing
 1046  revenues to establish and support this electronic network for
 1047  service delivery that includes Government Services Direct. If
 1048  necessary, the plan shall identify additional funding needed to
 1049  achieve the provisions of this subsection.
 1050         (b) The network shall assure that a uniform method is used
 1051  to determine eligibility for and management of services provided
 1052  by agencies that conduct workforce development activities. The
 1053  Department of Management Services shall develop strategies to
 1054  allow access to the databases and information management systems
 1055  of the following systems in order to link information in those
 1056  databases with the one-stop delivery system:
 1057         1. The Reemployment Assistance Program under chapter 443.
 1058         2. The public employment service described in s. 443.181.
 1059         3. The public assistance information system used by the
 1060  Department of Children and Families and the components related
 1061  to temporary cash assistance, food assistance, and Medicaid
 1062  eligibility.
 1063         4. The Student Financial Assistance System of the
 1064  Department of Education.
 1065         5. Enrollment in the public postsecondary education system.
 1066         6. Other information systems determined appropriate by the
 1067  state board in consultation with the department CareerSource
 1068  Florida, Inc.
 1069         Section 9. Section 445.011, Florida Statutes, is amended to
 1070  read:
 1071         445.011 Workforce information systems.—
 1072         (1) The department, in consultation with the state board
 1073  CareerSource Florida, Inc., shall implement, subject to
 1074  legislative appropriation, automated information systems that
 1075  are necessary for the efficient and effective operation and
 1076  management of the workforce development system. These
 1077  information systems shall include, but need not be limited to,
 1078  the following:
 1079         (a) An integrated management system for the one-stop
 1080  service delivery system, which includes, at a minimum, common
 1081  registration and intake, screening for needs and benefits, case
 1082  planning and tracking, training benefits management, service and
 1083  training provider management, performance reporting, executive
 1084  information and reporting, and customer-satisfaction tracking
 1085  and reporting.
 1086         1. The system should report current budgeting, expenditure,
 1087  and performance information for assessing performance related to
 1088  outcomes, service delivery, and financial administration for
 1089  workforce programs pursuant to s. 445.004(5) and (9).
 1090         2. The information system should include auditable systems
 1091  and controls to ensure financial integrity and valid and
 1092  reliable performance information.
 1093         3. The system should support service integration and case
 1094  management by providing for case tracking for participants in
 1095  welfare transition programs.
 1096         (b) An automated job-matching information system that is
 1097  accessible to employers, job seekers, and other users via the
 1098  Internet, and that includes, at a minimum:
 1099         1. Skill match information, including skill gap analysis;
 1100  resume creation; job order creation; skill tests; job search by
 1101  area, employer type, and employer name; and training provider
 1102  linkage;
 1103         2. Job market information based on surveys, including
 1104  local, state, regional, national, and international occupational
 1105  and job availability information; and
 1106         3. Service provider information, including education and
 1107  training providers, child care facilities and related
 1108  information, health and social service agencies, and other
 1109  providers of services that would be useful to job seekers.
 1110         (2) The department In procuring workforce information
 1111  systems, CareerSource Florida, Inc., shall employ competitive
 1112  processes, including requests for proposals, competitive
 1113  negotiation, and other competitive processes to ensure that the
 1114  procurement results in the most cost-effective investment of
 1115  state funds.
 1116         (3) CareerSource Florida, Inc., may procure independent
 1117  verification and validation services associated with developing
 1118  and implementing any workforce information system.
 1119         (3)(4)The department CareerSource Florida, Inc., shall
 1120  coordinate development and implementation of workforce
 1121  information systems with the state chief information officer to
 1122  ensure compatibility with the state’s information system
 1123  strategy and enterprise architecture.
 1124         Section 10. Section 445.028, Florida Statutes, is amended
 1125  to read:
 1126         445.028 Transitional benefits and services.—In cooperation
 1127  with the department CareerSource Florida, Inc., the Department
 1128  of Children and Families shall develop procedures to ensure that
 1129  families leaving the temporary cash assistance program receive
 1130  transitional benefits and services that will assist the family
 1131  in moving toward self-sufficiency. At a minimum, such procedures
 1132  must include, but are not limited to, the following:
 1133         (1) Each recipient of cash assistance who is determined
 1134  ineligible for cash assistance for a reason other than a work
 1135  activity sanction shall be contacted by the workforce system
 1136  case manager and provided information about the availability of
 1137  transitional benefits and services. Such contact shall be
 1138  attempted prior to closure of the case management file.
 1139         (2) Each recipient of temporary cash assistance who is
 1140  determined ineligible for cash assistance due to noncompliance
 1141  with the work activity requirements shall be contacted and
 1142  provided information in accordance with s. 414.065(1).
 1143         (3) The department, in consultation with the board of
 1144  directors of CareerSource Florida, Inc., shall develop
 1145  informational material, including posters and brochures, to
 1146  better inform families about the availability of transitional
 1147  benefits and services.
 1148         (4) The department CareerSource Florida, Inc., in
 1149  cooperation with the Department of Children and Families shall,
 1150  to the extent permitted by federal law, develop procedures to
 1151  maximize the utilization of transitional Medicaid by families
 1152  who leave the temporary cash assistance program.
 1153         Section 11. Subsections (6), (8), and (13) of section
 1154  445.051, Florida Statutes, are amended to read:
 1155         445.051 Individual development accounts.—
 1156         (6) The state board CareerSource Florida, Inc., shall
 1157  establish procedures for local workforce development boards to
 1158  include in their annual program and financial plan an
 1159  application to offer an individual development account program
 1160  as part of their TANF allocation. These procedures must include,
 1161  but need not be limited to, administrative costs permitted for
 1162  the fiduciary organization and policies relative to identifying
 1163  the match ratio and limits on the deposits for which the match
 1164  will be provided in the application process. The state board
 1165  CareerSource Florida, Inc., shall establish policies and
 1166  procedures necessary to ensure that funds held in an individual
 1167  development account are not withdrawn except for one or more of
 1168  the qualified purposes described in this section.
 1169         (8) The state board CareerSource Florida, Inc., shall
 1170  establish procedures for controlling the withdrawal of funds for
 1171  uses other than qualified purposes, including specifying
 1172  conditions under which an account must be closed.
 1173         (13) Pursuant to policy direction by the state board
 1174  CareerSource Florida, Inc., the department of Economic
 1175  Opportunity shall adopt such rules as are necessary to implement
 1176  this act.
 1177         Section 12. Paragraph (p) of subsection (3) of section
 1178  11.45, Florida Statutes, is amended to read:
 1179         11.45 Definitions; duties; authorities; reports; rules.—
 1180         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
 1181  General may, pursuant to his or her own authority, or at the
 1182  direction of the Legislative Auditing Committee, conduct audits
 1183  or other engagements as determined appropriate by the Auditor
 1184  General of:
 1185         (p) CareerSource Florida, Inc.; the state board, as that
 1186  term is defined in s. 445.002;, or the programs or entities
 1187  created by the state board CareerSource Florida, Inc., created
 1188  pursuant to s. 445.004.
 1189         Section 13. Subsection (1) of section 443.171, Florida
 1190  Statutes, is amended to read:
 1191         443.171 Department of Economic Opportunity and commission;
 1192  powers and duties; records and reports; proceedings; state
 1193  federal cooperation.—
 1194         (1) POWERS AND DUTIES.—The Department of Economic
 1195  Opportunity shall administer this chapter. The department may
 1196  employ persons, make expenditures, require reports, conduct
 1197  investigations, and take other action necessary or suitable to
 1198  administer this chapter. The department shall annually submit
 1199  information to the state board, as defined in s. 445.002
 1200  CareerSource Florida, Inc., covering the administration and
 1201  operation of this chapter during the preceding calendar year for
 1202  inclusion in the strategic plan under s. 445.006 and may make
 1203  recommendations for amendment to this chapter.
 1204         Section 14. This act shall take effect July 1, 2020.

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