SB 426 — Economic Development

authorizing, rather than requiring, certain funds to be reserved for the Incumbent Worker Training Program;

conforming provisions to changes made by the act;

authorizing the state board to hire an executive director and staff;

requiring the state board to authorize the executive director and staff to work with the department for specified reasons;

amending s.

445.004, F.S.;

revising provisions relating to the operation of CareerSource Florida, Inc.;

revising the purpose of CareerSource Florida, Inc.;

providing purpose for the state board;

revising the organizational structure of CareerSource Florida, Inc.;

providing requirements for the organizational structure of the state board;

providing the state board with powers and authority previously held by CareerSource Florida, Inc.;

revising the requirements related to such powers and authority;

requiring the state board, rather than CareerSource Florida, Inc., to submit an annual report to the Governor and the Legislature;

authorizing the Auditor General to conduct an audit of the state board and programs or entities created by the state board;

requiring the state board, rather than CareerSource Florida, Inc., to establish certain uniform performance accountability measures;

requiring the state board, in consultation with the department, to design the workforce development strategy for the state;

requiring that the strategy be approved by the Governor;

revising requirements relating to the workforce development system;

authorizing the department to consult with the state board to issue certain technical assistance letters;

amending s.

445.006, F.S.;

requiring that the state board, rather than CareerSource Florida, Inc., take certain actions relating to the state plan for workforce development;

amending s.

445.007, F.S.;

replacing CareerSource Florida, Inc., with the state board or the department in provisions relating to local workforce development boards;

deleting the definition of the term “cause”;

authorizing a chief elected official for a local workforce development board to remove certain persons from the board for cause;

requiring the department to provide certain guidance to specified entities;

deleting an obsolete provision;

making technical changes;

amending s.

445.0071, F.S.;

replacing CareerSource Florida, Inc., with the state board or the department in provisions relating to the Florida Youth Summer Jobs Pilot Program;

amending s.

445.008, F.S.;

revising authority relating to the Workforce Training Institute;

requiring that certain donations and grants be reported to the state board and the department;

amending s.

445.009, F.S.;

replacing CareerSource Florida, Inc., with the state board or the department in provisions relating to one-stop delivery systems;

deleting an obsolete provision;

amending s.

445.011, F.S.;

replacing CareerSource Florida, Inc., with the department in provisions relating to workforce information systems;

requiring the department to consult with the state board in implementing certain automated information systems;

deleting a provision requiring CareerSource Florida, Inc., to take certain actions when procuring workforce information systems;

amending s.

445.014, F.S.;

replacing CareerSource Florida, Inc., with the state board in provisions relating to the establishment of one-stop delivery systems;

amending s.

445.021, F.S.;

replacing CareerSource Florida, Inc., with the state board in provisions relating to the relocation assistance program;

amending s.

445.022, F.S.;

replacing CareerSource Florida, Inc., with the state board in provisions relating to Retention Incentive Training Accounts;

amending s.

445.024, F.S.;

replacing CareerSource Florida, Inc., with the state board in provisions relating to certain contract exceptions;

amending s.

445.026, F.S.;

replacing CareerSource Florida, Inc., with the state board in provisions relating to cash assistance severance benefits;

amending s.

445.028, F.S.;

replacing CareerSource Florida, Inc., with the department in provisions relating to transitional benefits and services;

amending s.

445.030, F.S.;

replacing CareerSource Florida, Inc., with the state board in provisions relating to transitional education and training;

amending s.

445.033, F.S.;

replacing CareerSource Florida, Inc., with the state board in provisions relating to evaluations of TANF-funded programs;

amending s.

445.035, F.S.;

replacing CareerSource Florida, Inc., with the state board in provisions relating to data collection and reporting;

amending s.

445.048, F.S.;

replacing CareerSource Florida, Inc., with the state board in provisions relating to the Passport to Economic Progress program;

amending s.

445.051, F.S.;

replacing CareerSource Florida, Inc., with the state board in provisions relating to individual development accounts;

amending s.

445.055, F.S.;

replacing CareerSource Florida, Inc., with the state board in provisions relating to the establishment of an employment advocacy and assistance program targeting a certain group;

amending ss.

11.45, 288.901, 331.369, 413.405, 414.045, 420.622, 443.171, 443.181, 446.71, 1011.80, and 1011.801, F.S.;

conforming provisions to changes made by the act;

18844 Be It Enacted by the Legislature of the State of Florida:

19046 Section 1. Paragraph1. Subsections (c)(1), of(3), subsection (5), subsection (6), paragraph (b) of subsection (10), and subsection(4) (11) of section 20.60,288.018, Florida Statutes, are amended,amended and paragraph (c) is added to subsection (9) of that section, to read:

20.60 Department of Economic Opportunity;

creation;

powers and duties.— (5) The divisions within the department have specific responsibilities to achieve the duties, responsibilities, and goals of the department.

Specifically:

(c) The Division of Workforce Services shall:

1. Prepare and submit a unified budget request for workforce development in accordance with chapter 216 for, and in conjunction with, the state CareerSource Florida, Inc., and its board as defined in s.

445.002.

2. Ensure that the state appropriately administers federal and state workforce funding by administering plans and policies of the state board as defined in s.

445.002 CareerSource Florida, Inc., under contract with CareerSource Florida, Inc.

The operating budget and midyear amendments thereto must be part of such contract.

a. All program and fiscal instructions to local workforce development boards shall emanate from the Department of Economic Opportunity pursuant to plans and policies of the state board as defined in s.

445.002 CareerSource Florida, Inc., which shall be responsible for all policy directions to the local workforce development boards.

b. Unless otherwise provided by agreement with the state board as defined in s.

445.002 CareerSource Florida, Inc., administrative and personnel policies of the Department of Economic Opportunity apply.

3. Implement the state’s reemployment assistance program.

The Department of Economic Opportunity shall ensure that the state appropriately administers the reemployment assistance program pursuant to state and federal law.

4. Assist in developing the 5-year statewide strategic plan required by this section.

(6)(a) The Department of Economic Opportunity is the administrative agency designated for receipt of federal workforce development grants and other federal funds.

The department shall administer the duties and responsibilities assigned by the Governor under each federal grant assigned to the department.

The department shall expend each revenue source as provided by federal and state law and as provided in plans developed by and agreements with the state board as defined in s.

445.002 CareerSource Florida, Inc.

The department may serve as the contract administrator for contracts entered into by the state board under CareerSource Florida, Inc., pursuant to s.

445.004(5), as directed by CareerSource Florida, Inc.

(b) The Department of Economic Opportunity shall serve as the designated agency for purposes of each federal workforce development grant assigned to it for administration.

The department shall carry out the duties assigned to it by the Governor, under the terms and conditions of each grant.

The department shall have the level of authority and autonomy necessary to be the designated recipient of each federal grant assigned to it and shall disburse such grants pursuant to the plans and policies of the state board as defined in s.

445.002 CareerSource Florida, Inc.

The executive director may, upon delegation from the Governor and pursuant to agreement with the state board CareerSource Florida, Inc., sign contracts, grants, and other instruments as necessary to execute functions assigned to the department.

Notwithstanding other provisions of law, the department shall administer other programs funded by federal or state appropriations, as determined by the Legislature in the General Appropriations Act or other law.

(9) The executive director shall:

(c) Serve as a member of the board of directors of the Florida Development Finance Corporation.

The executive director may designate an employee of the department to serve in this capacity.

(10) The department, with assistance from Enterprise Florida, Inc., shall, by November 1 of each year, submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the condition of the business climate and economic development in the state.

(b) The report must incorporate annual reports of other programs, including:

1. Information provided by the Department of Revenue under s.

290.014.

2. Information provided by enterprise zone development agencies under s.

290.0056 and an analysis of the activities and accomplishments of each enterprise zone.

3. The Economic Gardening Business Loan Pilot Program established under s.

288.1081 and the Economic Gardening Technical Assistance Pilot Program established under s.

288.1082.

4. A detailed report of the performance of the Black Business Loan Program and a cumulative summary of quarterly report data required under s.

288.714.

5. The Rural Economic Development Initiative established under s.

288.0656.

6. The Florida Unique Abilities Partner Program.

7. A detailed report of the performance of the Florida Development Finance Corporation and a summary of the corporation’s report required under s.

288.9610.

(11) The department shall establish annual performance standards for Enterprise Florida, Inc., CareerSource Florida, Inc., the Florida Tourism Industry Marketing Corporation, and Space Florida, and the Florida Development Finance Corporation and report annually on how these performance measures are being met in the annual report required under subsection (10).

Section 2. Subsections (1), (3), and (4) of section 288.018, Florida Statutes, are amended to read:

(4) The department may expend up to $1 million $750,000 each fiscal year from funds appropriated to the Rural Community Development Revolving Loan Fund for the purposes outlined in this section.

Section 3. Present2. Present subsection (5) of section 288.0655, Florida Statutes, is redesignated as subsection (6), a new subsection (5) is added to that section, and paragraph (b) of subsection (2), subsection (4), and present subsection (6) of that section are amended, to read:

Section 4. Subsections3. This (2),act (3),shall andtake (4)effect ofJuly section1, 288.9604,2020. Florida Statutes, are amended, and subsection (5) is added to that section, to read:

288.9604 Creation of the authority.— (2) The board of directors of the corporation shall consist of seven directors.

The executive director of the department, or his or her designee, shall serve as chair of the board of directors of the corporation.

The director of the Division of Bond Finance of the State Board of Administration, or his or her designee, shall serve as a director on the board of directors of the corporation.

The Governor, subject to confirmation by the Senate, shall appoint the remaining five directors of the board of directors of the corporation, who shall be five in number.

The terms of office for the appointed directors are shall be for 4 years after from the date of their appointment.

A vacancy occurring during a term of an appointed director shall be filled for the unexpired term.

An appointed A director is shall be eligible for reappointment.

At least three of the appointed directors of the corporation must have experience in finance shall be bankers who have been selected by the Governor from a list of bankers who were nominated by Enterprise Florida, Inc., and one of the directors must have experience in shall be an economic development specialist.

(3)(a)1. A director may not receive compensation for his or her services, but is entitled to necessary expenses, including travel expenses, incurred in the discharge of his or her duties.

Each appointed director shall hold office until his or her successor has been appointed.

2. Directors are subject to ss.

112.313(1)-(8), (10), (12), and (15);

112.3135;

and 112.3143(2).

For purposes of applying ss.

112.313(1)-(8), (10), (12), and (15);

112.3135;

and 112.3143(2) to activities of directors, directors are shall be considered public officers and the corporation is shall be considered their agency.

(b) The powers of the corporation shall be exercised by the directors thereof.

A majority of the directors constitutes a quorum for the purposes of conducting business and exercising the powers of the corporation and for all other purposes.

Meetings of the directors may be conducted by teleconference.

Action may be taken by the corporation upon a vote of a majority of the directors present, unless in any case the bylaws require a larger number.

Any person may be appointed as director if he or she resides, or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation or serving as an officer or director of a corporation or other business entity so engaged, within the state.

(c) The directors of the corporation shall annually elect, by a majority vote, one of their members as chair and one as vice chair.

The corporation may employ a president, technical experts, and such other agents and employees, permanent and temporary, as it requires and determine their qualifications, duties, and compensation.

For such legal services as it requires, the corporation may employ or retain its own counsel and legal staff.

(4) The board may remove an appointed a director for inefficiency, neglect of duty, or misconduct in office.

Such director may be removed only after a hearing and only if he or she has been given a copy of the charges at least 10 days before such hearing and has had an opportunity to be heard in person or by counsel.

The removal of an appointed a director creates shall create a vacancy on the board which must shall be filled pursuant to subsection (2).

(5) This section is repealed July 1, 2023, and July 1 of every fourth year thereafter, unless reviewed and saved from repeal by the Legislature.

Section 5. In order to implement the changes made by this act to s.

288.9604, Florida Statutes, the chair and vice chair of the board of directors of the Florida Development Finance Corporation as of June 30, 2020, shall serve as regular members beginning July 1, 2020.

Nothing in this act may be construed to affect the terms of the directors serving on the board on July 1, 2020.

Section 6. Subsection (3) is added to section 288.9605, Florida Statutes, to read:

288.9605 Corporation powers.— (3) Documents, agreements, and instruments executed by the corporation may be executed and delivered in accordance with the Electronic Signature Act of 1996.

Section 7. Subsections (1) and (2) of section 288.9606, Florida Statutes, are amended to read:

288.9606 Issue of revenue bonds.— (1) When authorized by a public agency pursuant to s.

163.01(7), the corporation has power in its corporate capacity, in its discretion, to issue revenue bonds or other evidences of indebtedness which a public agency has the power to issue, from time to time to finance the undertaking of any purpose of this act, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans or preliminary loans, and has the power to issue refunding bonds for the payment or retirement of bonds previously issued.

Bonds issued under pursuant to this section shall bear the name “Florida Development Finance Corporation Revenue Bonds.” The security for such bonds may be based upon such revenues as are legally available.

In anticipation of the sale of such revenue bonds, the corporation may issue bond anticipation notes and may renew such notes from time to time, but the maximum maturity of any such note, including renewals thereof, may not exceed 5 years after from the date of issuance of the original note.

Such notes shall be paid from any revenues of the corporation available therefor and not otherwise pledged or from the proceeds of sale of the revenue bonds in anticipation of which they were issued.

Any bond, note, or other form of indebtedness issued under pursuant to this act may not exceed 35 years from their respective dates of issuance shall mature no later than the end of the 30th fiscal year after the fiscal year in which the bond, note, or other form of indebtedness was issued.

(2) Bonds issued under this section do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and are not subject to the provisions of any other law or charter relating to the authorization, issuance, or sale of bonds.

Bonds issued under the provisions of this act are declared to be for an essential public and governmental purpose.

Bonds issued under this act, the interest on which is exempt from income taxes of the United States, together with interest thereon and income therefrom, are exempted from all taxes, except those taxes imposed by chapter 220, on interest, income, or profits on debt obligations owned by corporations.

Bonds issued under this act are not a debt, liability, or obligation of the state or any subdivision thereof, or a pledge of faith and credit of the corporation or of the state or of any such political subdivision thereof, but are payable solely from the revenues provided therefor.

Each bond issued under this part shall contain on the face thereof a statement to the effect that the corporation is not obligated to pay the same or interest thereon from the revenues and proceeds pledged therefor, and that the faith and credit or the taxing power of the corporation or of the state or of any political subdivision thereof is not pledged to the payment of the principal of or the interest on such bonds.

Section 8. Section 288.9610, Florida Statutes, is amended to read:

288.9610 Annual reports of Florida Development Finance Corporation.—On or before 90 days after the close of the Florida Development Finance Corporation’s fiscal year, the corporation shall submit to the Governor, the Legislature, the Auditor General, the Department of Economic Opportunity, and the governing body of each public entity for which the corporation issues revenue bonds pursuant to s.

288.9606 or with which it has entered into an interlocal agreement a complete and detailed report setting forth:

(1) The results of any audit conducted under pursuant to s.

11.45.

(2) The activities, operations, and accomplishments of the Florida Development Finance Corporation, including the number of businesses assisted by the corporation.

(3) Its assets, liabilities, income, and operating expenses at the end of its most recent fiscal year, including a description of all of its outstanding revenue bonds.

Section 9. Section 288.9619, Florida Statutes, is created to read:

288.9619 Conflicts of interest.—If any director has a direct or indirect interest associated with any party to an application on which the corporation has taken or will take action in exercising its power for the issuance of revenue bonds or other evidences of indebtedness, such interest must be publicly disclosed to the corporation and set forth in the minutes of the corporation.

The director that has such interest may not participate in any action by the corporation with respect to such party and application.

Section 10. Present subsections (2) and (3) of section 445.002, Florida Statutes, are redesignated as subsections (3) and (5), respectively, and a new subsection (2) and subsection (4) are added to that section, to read:

445.002 Definitions.—As used in this chapter, the term:

(2) “For cause” includes, but is not limited to, engaging in fraud or other criminal acts, incapacity, unfitness, neglect of duty, official incompetence and irresponsibility, misfeasance, malfeasance, nonfeasance, or lack of performance.

(4) “State board” means the state workforce development board established pursuant to the Workforce Innovation and Opportunity Act, Pub.

L.

No.

113-128, Title I, s.

101.

The state board is the board of directors of CareerSource Florida, Inc., which works at the direction of the state board in consultation with the department as required by this chapter.

Section 11. Subsections (2) through (5) of section 445.003, Florida Statutes, are amended, and subsection (6) is added to that section, to read:

445.003 Implementation of the federal Workforce Innovation and Opportunity Act.— (2) FOUR-YEAR PLAN.—The state board CareerSource Florida, Inc., shall prepare and submit a 4-year plan, consistent with the requirements of the Workforce Innovation and Opportunity Act.

Mandatory and optional federal partners shall be fully involved in designing the plan’s one-stop delivery system strategy.

The plan must clearly define each program’s statewide duties and role relating to the system.

The plan must detail a process that would fully integrate all federally mandated and optional partners.

(3) FUNDING.— (a) Title I, Workforce Innovation and Opportunity Act funds;

Wagner-Peyser funds;

and NAFTA/Trade Act funds will be expended based on the 4-year plan of the state board CareerSource Florida, Inc.

The plan must outline and direct the method used to administer and coordinate various funds and programs that are operated by various agencies.

The following provisions apply to these funds:

1. At least 50 percent of the Title I funds for Adults and Dislocated Workers which are passed through to local workforce development boards shall be allocated to and expended on Individual Training Accounts unless a local workforce development board obtains a waiver from the state board CareerSource Florida, Inc.

Tuition, books, and fees of training providers and other training services prescribed and authorized by the Workforce Innovation and Opportunity Act qualify as Individual Training Account expenditures.

2. Fifteen percent of Title I funding shall be retained at the state level and dedicated to state administration and shall be used to design, develop, induce, and fund innovative Individual Training Account pilots, demonstrations, and programs.

Of such funds retained at the state level, $2 million may shall be reserved for the Incumbent Worker Training Program created under subparagraph 3.

Eligible state administration costs include the costs of funding for the state board and state board staff of CareerSource Florida, Inc.;

operating fiscal, compliance, and management accountability systems through the department CareerSource Florida, Inc.;

conducting evaluation and research on workforce development activities;

and providing technical and capacity building assistance to local workforce development areas at the direction of the state board CareerSource Florida, Inc.

Notwithstanding s.

445.004, such administrative costs may not exceed 25 percent of these funds.

An amount not to exceed 75 percent of these funds shall be allocated to Individual Training Accounts and other workforce development strategies for other training designed and tailored by the state board in consultation with the department CareerSource Florida, Inc., including, but not limited to, programs for incumbent workers, nontraditional employment, and enterprise zones.

The state board, in consultation with the department CareerSource Florida, Inc., shall design, adopt, and fund Individual Training Accounts for distressed urban and rural communities.

3. The Incumbent Worker Training Program is created for the purpose of providing grant funding for continuing education and training of incumbent employees at existing Florida businesses.

The program will provide reimbursement grants to businesses that pay for preapproved, direct, training-related costs.

a. The Incumbent Worker Training Program will be administered by CareerSource Florida, Inc., which may, at its discretion, contract with a private business organization to serve as grant administrator.

b. The program shall be administered pursuant to s.

134(d)(4) of the Workforce Innovation and Opportunity Act.

Priority for funding shall be given to businesses with 25 employees or fewer, businesses in rural areas, businesses in distressed inner-city areas, businesses in a qualified targeted industry, businesses whose grant proposals represent a significant upgrade in employee skills, or businesses whose grant proposals represent a significant layoff avoidance strategy.

c. All costs reimbursed by the program must be preapproved by CareerSource Florida, Inc., or the grant administrator.

The program may not reimburse businesses for trainee wages, the purchase of capital equipment, or the purchase of any item or service that may possibly be used outside the training project.

A business approved for a grant may be reimbursed for preapproved, direct, training-related costs including tuition, fees, books and training materials, and overhead or indirect costs not to exceed 5 percent of the grant amount.

d. A business that is selected to receive grant funding must provide a matching contribution to the training project, including, but not limited to, wages paid to trainees or the purchase of capital equipment used in the training project;

must sign an agreement with CareerSource Florida, Inc., or the grant administrator to complete the training project as proposed in the application;

must keep accurate records of the project’s implementation process;

and must submit monthly or quarterly reimbursement requests with required documentation.

e. All Incumbent Worker Training Program grant projects shall be performance-based with specific measurable performance outcomes, including completion of the training project and job retention.

CareerSource Florida, Inc., or the grant administrator shall withhold the final payment to the grantee until a final grant report is submitted and all performance criteria specified in the grant contract have been achieved.

f. The state board CareerSource Florida, Inc., may establish guidelines necessary to implement the Incumbent Worker Training Program.

g. No more than 10 percent of the Incumbent Worker Training Program’s total appropriation may be used for overhead or indirect purposes.

4. At least 50 percent of Rapid Response funding shall be dedicated to Intensive Services Accounts and Individual Training Accounts for dislocated workers and incumbent workers who are at risk of dislocation.

The department CareerSource Florida, Inc., shall also maintain an Emergency Preparedness Fund from Rapid Response funds, which will immediately issue Intensive Service Accounts, Individual Training Accounts, and other federally authorized assistance to eligible victims of natural or other disasters.

At the direction of the Governor, these Rapid Response funds shall be released to local workforce development boards for immediate use after events that qualify under federal law.

Funding shall also be dedicated to maintain a unit at the state level to respond to Rapid Response emergencies and to work with state emergency management officials and local workforce development boards.

All Rapid Response funds must be expended based on a plan developed by the state board in consultation with the department CareerSource Florida, Inc., and approved by the Governor.

(b) The administrative entity for Title I, Workforce Innovation and Opportunity Act funds, and Rapid Response activities is the department of Economic Opportunity, which shall provide direction to local workforce development boards regarding Title I programs and Rapid Response activities pursuant to the direction of CareerSource Florida, Inc.

(4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED MODIFICATIONS.— (a) The state board CareerSource Florida, Inc., may provide indemnification from audit liabilities to local workforce development boards that act in full compliance with state law and board policy.

(b) The state board, in consultation with the department CareerSource Florida, Inc., may make modifications to the state’s plan, policies, and procedures to comply with federally mandated requirements that in its judgment must be complied with to maintain funding provided pursuant to Pub.

L.

No.

113-128.

The state board shall provide written notice to the Governor, the President of the Senate, and the Speaker of the House of Representatives within 30 days after any such changes or modifications.

(c) The state board CareerSource Florida, Inc., shall enter into a memorandum of understanding with the Florida Department of Education to ensure that federally mandated requirements of Pub.

L.

No.

113-128 are met and are in compliance with the state plan for workforce development.

(5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.—The state board CareerSource Florida, Inc., may recommend workforce related divisions, bureaus, units, programs, duties, commissions, boards, and councils for elimination, consolidation, or privatization.

(6) AUTHORITY TO HIRE EXECUTIVE DIRECTOR AND STAFF.—The state board may hire an executive director and staff to assist in carrying out the functions of the Workforce Innovation and Opportunity Act and in using funds made available through the act.

The state board shall authorize the executive director and staff to work with the department in carrying out the functions of the Workforce Innovation and Opportunity Act.

Section 12. Section 445.004, Florida Statutes, is amended to read:

445.004 CareerSource Florida, Inc., and the state board;

creation;

purpose;

membership;

duties and powers.— (1) CareerSource Florida, Inc., is created as a not-for profit corporation, which shall be registered, incorporated, organized, and operated in compliance with chapter 617 and shall operate at the direction of the state board.

CareerSource Florida, Inc., is not a unit or entity of state government and is exempt from chapters 120 and 287.

CareerSource Florida, Inc., shall apply the procurement and expenditure procedures required by federal law for the expenditure of federal funds.

CareerSource Florida, Inc., shall be administratively housed within the department and shall operate under agreement with of Economic Opportunity;

however, CareerSource Florida, Inc., is not subject to control, supervision, or direction by the department in any manner.

The Legislature finds that public policy dictates that CareerSource Florida, Inc., operate in the most open and accessible manner consistent with its public purpose.

To this end, the Legislature specifically declares that CareerSource Florida, Inc., its board, councils, and any advisory committees or similar groups created by CareerSource Florida, Inc., are subject to the provisions of chapter 119 relating to public records, and those provisions of chapter 286 relating to public meetings.

(2) CareerSource Florida, Inc., provides administrative support for the state board, is the principal workforce policy organization for the state.

The purpose of the state board CareerSource Florida, Inc., is to design and implement strategies that help Floridians enter, remain in, and advance in the workplace, so that they may become more highly skilled and successful, which benefits these Floridians, Florida businesses, and the entire state, and fosters the development of the state’s business climate.

CareerSource Florida, Inc., shall, consistent with its agreement with the department, implement the policy directives of the state board and administer state workforce development programs as authorized by law.

(3)(a) CareerSource Florida, Inc., shall be governed by a board of directors, whose membership and appointment must be consistent with Pub.

L.

No.

113-128, Title I, s.

101(b).

Members of the state board described in Pub.

L.

No.

113-128, Title I, s.

101(b)(1)(C)(iii)(I)(aa) are shall be nonvoting members.

The number of members is directors shall be determined by the Governor, who shall consider the importance of minority, gender, and geographic representation in making appointments to the state board.

When the Governor is in attendance, he or she shall preside at all meetings of the state board of directors.

(b) The state board of directors of CareerSource Florida, Inc., shall be chaired by a board member designated by the Governor pursuant to Pub.

L.

No.

113-128.

A member may not serve more than two terms.

(c) Members appointed by the Governor may serve no more than two terms and must be appointed for 3-year terms.

However, in order to establish staggered terms for state board members, the Governor shall appoint or reappoint one-third of the state board members for 1-year terms, one-third of the state board members for 2-year terms, and one-third of the state board members for 3-year terms beginning July 1, 2016.

Subsequent appointments or reappointments shall be for 3-year terms, except that a member appointed to fill a vacancy on the state board shall be appointed to serve only the remainder of the term of the member whom he or she is replacing, and may be appointed for a subsequent 3-year term.

Private sector representatives of businesses, appointed by the Governor pursuant to Pub.

L.

No.

113-128, shall constitute a majority of the membership of the state board.

Private sector representatives shall be appointed from nominations received by the Governor, including, but not limited to, those nominations made by the President of the Senate and the Speaker of the House of Representatives.

Private sector appointments to the state board must be representative of the business community of this state;

no fewer than one-half of the appointments must be representative of small businesses, and at least five members must have economic development experience.

Members appointed by the Governor serve at the pleasure of the Governor and are eligible for reappointment.

(d) The state board must include the vice chairperson of the board of directors of Enterprise Florida, Inc., and one member representing each of the Workforce Innovation and Opportunity Act partners, including the Division of Career and Adult Education, and other entities representing programs identified in the Workforce Innovation and Opportunity Act, as determined necessary.

(e) A member of the state board of directors of CareerSource Florida, Inc., may be removed by the Governor for cause.

Absence from three consecutive meetings results in automatic removal.

The chair of the state board CareerSource Florida, Inc., shall notify the Governor of such absences.

(f) Representatives of businesses appointed to the state board of directors may not include providers of workforce services.

(g) The state board shall hire an executive director for CareerSource Florida, Inc.

The executive director serves as the president, the chief executive officer, and an employee of CareerSource Florida, Inc.

The president of CareerSource Florida, Inc., serves at the pleasure of the Governor.

(4)(a) The president of CareerSource Florida, Inc., shall be hired by the board of directors of CareerSource Florida, Inc., and shall serve at the pleasure of the Governor in the capacity of an executive director and secretary of CareerSource Florida, Inc.

(b) The state board of directors of CareerSource Florida, Inc., shall meet at least quarterly and at other times upon the call of its chair.

The state board and its committees, subcommittees, or other subdivisions may use any method of telecommunications to conduct meetings, including establishing a quorum through telecommunications, if the public is given proper notice of the telecommunications meeting and is given reasonable access to observe and, if appropriate, participate.

(b)(c) A majority of the total current membership of the state board of directors of CareerSource Florida, Inc., constitutes a quorum and is required to organize and conduct the business of the state board, except that a majority of the executive committee is required to adopt or amend the bylaws.

(d) A majority of those voting is required to organize and conduct the business of the board, except that a majority of the entire board of directors is required to adopt or amend the bylaws.

(c)(e) Except as delegated or authorized by the state board of directors of CareerSource Florida, Inc., individual members have no authority to control or direct the operations of CareerSource Florida, Inc., or the actions of its officers and employees, including the president.

(d)(f) Members of the state board of directors of CareerSource Florida, Inc., and its committees serve without compensation, but these members and, the president, and the employees of CareerSource Florida, Inc., may be reimbursed for all reasonable, necessary, and actual expenses as provided under pursuant to s.

112.061.

(e)(g) The state board shall of directors of CareerSource Florida, Inc., may establish an executive committee consisting of the chair and at least six additional board members selected by the chair, one of whom must be a representative of organized labor.

The executive committee and the president of CareerSource Florida, Inc., have such authority as the state board delegates to them, except that the state board of directors may not delegate to the executive committee authority to take action that requires approval by a majority of the entire state board of directors.

(f)(h) The chair may appoint committees to fulfill the state board’s responsibilities, to comply with federal requirements, or to obtain technical assistance, and must incorporate members of local workforce development boards into its structure.

(g)(i) Each member of the state board of directors who is not otherwise required to file a financial disclosure under pursuant to s.

8, Art.

II of the State Constitution or s.

112.3144 must file disclosure of financial interests under pursuant to s.

112.3145.

(5) The state board has CareerSource Florida, Inc., shall have all the powers and authority not explicitly prohibited by statute which are necessary or convenient to carry out and effectuate its purposes as determined by statute, Pub.

L.

No.

113-128, and the Governor, as well as its functions, duties, and responsibilities, including, but not limited to, the following:

(a) Serving as the state’s workforce development board pursuant to Pub.

L.

No.

113-128.

Unless otherwise required by federal law, at least 90 percent of workforce development funding must go toward direct customer service.

(b) Providing oversight and policy direction to ensure that the following programs are administered by the department consistent in compliance with approved plans and under contract with CareerSource Florida, Inc.:

1. Programs authorized under Title I of the Workforce Innovation and Opportunity Act, Pub.

L.

No.

113-128, with the exception of programs funded directly by the United States Department of Labor under Title I, s.

167.

2. Programs authorized under the Wagner-Peyser Act of 1933, as amended, 29 U.S.C.

ss.

49 et seq.

3. Activities authorized under Title II of the Trade Act of 2002, as amended, 19 U.S.C.

ss.

2272 et seq., and the Trade Adjustment Assistance Program.

4. Activities authorized under 38 U.S.C.

chapter 41, including job counseling, training, and placement for veterans.

5. Employment and training activities carried out under funds awarded to this state by the United States Department of Housing and Urban Development.

6. Welfare transition services funded by the Temporary Assistance for Needy Families Program, created under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, Pub.

L.

No.

104-193, and Title IV, s.

403, of the Social Security Act, as amended.

7. The Florida Bonding Program, provided under Pub.

L.

No.

97-300, s.

164(a)(1).

8. The Food Assistance Employment and Training Program, provided under the Food and Nutrition Act of 2008, 7 U.S.C.

ss.

2011-2032;

the Food Security Act of 1988, Pub.

L.

No.

99-198;

and the Hunger Prevention Act, Pub.

L.

No.

100-435;

and the Agriculture Improvement Act of 2018, Pub.

L.

No.

115-334.

9. The Quick-Response Training Program, provided under ss.

288.046-288.047.

Matching funds and in-kind contributions that are provided by clients of the Quick-Response Training Program shall count toward the requirements of s.

288.904, pertaining to the return on investment from activities of Enterprise Florida, Inc.

10. The Work Opportunity Tax Credit, provided under the Tax and Trade Relief Extension Act of 1998, Pub.

L.

No.

105-277, and the Taxpayer Relief Act of 1997, Pub.

L.

No.

105-34.

11. Offender placement services, provided under ss.

944.707-944.708.

1011 The department may adopt rules necessary to administer this chapter which relate to implementing and administering the programs listed in this paragraph as well as rules related to eligible training providers and auditing and monitoring subrecipients of the workforce system grant funds.

(c) The department may adopt rules necessary to administer this chapter which relate to implementing and administering the programs listed in paragraph (b) as well as rules related to eligible training providers and auditing and monitoring subrecipients of the workforce system grant funds.

(d) Contracting with public and private entities as necessary to further the directives of this section.

All contracts executed by the state board or CareerSource Florida, Inc., must include specific performance expectations and deliverables.

All CareerSource Florida, Inc., contracts, including those solicited, managed, or paid by the department under pursuant to s.

20.60(5)(c), are exempt from s.

112.061, but shall be governed by subsection (1).

(d)(e) Notifying the Governor and the department of statewide or local workforce development and training needs that may require policy changes or an update to the state plan required under s.

445.003, and notifying the Governor, the President of the Senate, and the Speaker of the House of Representatives of noncompliance by the department or other agencies or obstruction of the state board’s efforts by such agencies.

Upon such notification, the Executive Office of the Governor shall assist agencies to bring them into compliance with state board objectives.

(e)(f) Ensuring that the state does not waste valuable training resources.

The state board’s policy is board shall direct that all resources, including equipment purchased for training Workforce Innovation and Opportunity Act clients, be available for use at all times by eligible populations as first priority users.

At times when eligible populations are not available, such resources shall be used for any other state authorized education and training purpose.

The state board CareerSource Florida, Inc., may authorize expenditures to award suitable framed certificates, pins, or other tokens of recognition for performance by a local workforce development board, its committees and subdivisions, and other units of the workforce system.

The state board CareerSource Florida, Inc., may also authorize expenditures for promotional items, such as t-shirts, hats, or pens printed with messages promoting the state’s workforce system to employers, job seekers, and program participants.

However, such expenditures are subject to federal regulations applicable to the expenditure of federal funds.

(f)(g) Establishing a dispute resolution process for all memoranda of understanding or other contracts or agreements entered into between the department and local workforce development boards.

(g)(h) Archiving records with the Bureau of Archives and Records Management of the Division of Library and Information Services of the Department of State.

(6) The state board CareerSource Florida, Inc., may take action that it deems necessary to achieve the purposes of this section, including, but not limited to:

(a) Creating a state employment, education, and training policy that ensures that programs to prepare workers are responsive to present and future business and industry needs and complement the initiatives of Enterprise Florida, Inc.

(b) Establishing policy direction for a funding system that provides incentives to improve the outcomes of career education, registered apprenticeship, and work-based learning programs and that focuses resources on occupations related to new or emerging industries that add greatly to the value of the state’s economy.

(c) Establishing a comprehensive policy related to the education and training of target populations such as those who have disabilities, are economically disadvantaged, receive public assistance, are not proficient in English, or are dislocated workers.

This approach should ensure the effective use of federal, state, local, and private resources in reducing the need for public assistance.

(d) Designating Institutes of Applied Technology composed of public and private postsecondary institutions working together with business and industry to ensure that career education programs use the most advanced technology and instructional methods available and respond to the changing needs of business and industry.

(e) Providing policy direction for a system to project and evaluate labor market supply and demand using the results of the Workforce Estimating Conference created in s.

216.136 and the career education performance standards identified under s.

1008.43.

(f) Reviewing the performance of public programs that are responsible for economic development, education, employment, and training.

The review must include an analysis of the return on investment of these programs.

(g) Expanding the occupations identified by the Workforce Estimating Conference to meet needs created by local emergencies or plant closings or to capture occupations within emerging industries.

(7) By December 1 of each year, the state board CareerSource Florida, Inc., shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader a complete and detailed annual report setting forth:

(a) All audits, including any audit conducted under subsection (8).

(b) The operations and accomplishments of the state board, including the programs or entities specified in subsection (6).

(8) Pursuant to his or her own authority or at the direction of the Legislative Auditing Committee, the Auditor General may conduct an audit of the state board and CareerSource Florida, Inc., or the programs or entities created by the state board CareerSource Florida, Inc.

The Office of Program Policy Analysis and Government Accountability, pursuant to its authority or at the direction of the Legislative Auditing Committee, may review the systems and controls related to performance outcomes and quality of services of the state board and CareerSource Florida, Inc.

(9) The state board CareerSource Florida, Inc., in collaboration with the local workforce development boards and appropriate state agencies and local public and private service providers, shall establish uniform performance accountability measures that apply across the core programs to gauge the performance of the state and local workforce development boards in achieving the workforce development strategy.

(a) The performance accountability measures for the core programs consist of the primary indicators of performance, any additional indicators of performance, and a state-adjusted level of performance for each indicator pursuant to Pub.

L.

No.

113 128, Title I, s.

116(b).

(b) The performance accountability measures for each local area consist of the primary indicators of performance, any additional indicators of performance, and a local level of performance for each indicator pursuant to Pub.

L.

No.

113-128.

The local level of performance is determined by the local board, the chief elected official, and the Governor pursuant to Pub.

L.

No.

113-128, Title I, s.

116(c).

(c) Performance accountability measures shall be used to generate performance reports pursuant to Pub.

L.

No.

113-128, Title I, s.

116(d).

(d) The performance accountability measures of success that are adopted by the state board CareerSource Florida, Inc., or the local workforce development boards must be developed in a manner that provides for an equitable comparison of the relative success or failure of any service provider in terms of positive outcomes.

(10) The workforce development strategy for the state shall be designed by the state board, in consultation with the department, and approved by the Governor CareerSource Florida, Inc.

The strategy must include efforts that enlist business, education, and community support for students to achieve long term career goals, ensuring that young people have the academic and occupational skills required to succeed in the workplace.

The strategy must also assist employers in upgrading or updating the skills of their employees and assisting workers to acquire the education or training needed to secure a better job with better wages.

The strategy must assist the state’s efforts to attract and expand job-creating businesses offering high-paying, high-demand occupations.

(11) The workforce development system must use a charter process approach aimed at encouraging local design and control of service delivery and targeted activities.

The state board, in consultation with the department CareerSource Florida, Inc., is shall be responsible for ensuring that granting charters to local workforce development boards that have a membership consistent with the requirements of federal and state law and have developed a plan consistent with the state’s workforce development strategy.

The plan must specify methods for allocating the resources and programs in a manner that eliminates unwarranted duplication, minimizes administrative costs, meets the existing job market demands and the job market demands resulting from successful economic development activities, ensures access to quality workforce development services for all Floridians, allows for pro rata or partial distribution of benefits and services, prohibits the creation of a waiting list or other indication of an unserved population, serves as many individuals as possible within available resources, and maximizes successful outcomes.

The state board As part of the charter process, CareerSource Florida, Inc., shall establish incentives for effective coordination of federal and state programs, outline rewards for successful job placements, and institute collaborative approaches among local service providers.

Local decisionmaking and control shall be important components for inclusion in this charter application.

(12) CareerSource Florida, Inc., under the direction of the state board, shall enter into agreement with Space Florida and collaborate with vocational institutes, community colleges, colleges, and universities in this state to develop a workforce development strategy to implement the workforce provisions of s.