SB 98 — Workforce Related Programs and Services

removing authority for a local board to review a decision by the departmentDepartment of Economic Opportunity to deny a contract;

requiring a local board to disclose certain compensation information to the department;Department of Economic Opportunity;

requiring a local boardsboard to annually publish specified information;information on its website or the Department of Economic Opportunity’s website;

requiring the department to review certain information provided by a local board in reviewing contracts;

445.011, F.S.;

establishing an automated consumer-first workforce system;

requiring the Department of Education and the Department of Children and Families, in consultation with the Department of Economic Opportunity, to implement such system;

requiring that such system improve coordination among specified partners;

revising requirements for such system;

requiring that certain contracts be performance based;

requiring the Department of Economic Opportunity to develop training for specified partners;

amending s.

445.033, F.S.;

requiring the Department of Economic Opportunity and the Department of Children and Families, rather than the state board, to measure the performance of certain workforce-related programs and services;

requiring the state board to consult with local boards;

requiring local boards to provide quarterly reports to the state board with certain information;

requiring, rather than authorizing, the state board and the Department of Economic Opportunity to share certain information;

amending s.

revising the definition of the term “uniform minimum preapprenticeship standards”;

expanding the definition to include apprenticeship programs;

requiring, rather than authorizing, the departmentDepartment of Education to adopt rules;

revising provisions relating to a certain summary of expenditures for apprenticeship and preapprenticeship programs;

requiring the departmentDepartment of Education to provide data from certain resources to specified persons and entities;

446.045,446.041, F.S.;

specifyingrevising thata thecatchline Governorrelating shallto fill vacancies on the StateDepartment Apprenticeshipof AdvisoryEducation’s Councilduties forregarding theapprenticeship remainderand ofpreapprenticeship aprograms; term;

creating s.

446.0915, F.S.;

defining the term “work-based learning opportunity”;

specifying the required criteria for such opportunity;

providing that such opportunity should prioritize paid experiences;

requiring the State Board of Education to adopt rules;

570.07, F.S.;

requiring the Department of Agriculture and Consumer Services to submit certain information to the Credentials Review Committee for placement on the Master Credentials List, rather than the CAPE Industry Certification Funding List or CAPE Postsecondary Industry Certification Funding List;

amending s.

1001.706, F.S.;

revising and providing requirements for the Board of Governors’ strategic plan;

removing criteria for the designation of high-demand programs of emphasis;

amending s.

1003.42, F.S.;

requiring a specified character development curriculum to include certain instruction and resources;

amending s.

specifying thewhere sections under which the Department of Education musthas identifyto certainidentify CAPE Digital Tool certificates;

removing specified skills that musthave to be mastered;

providing and revising the information that the Commissioner of Education must review for the annual review of K-12 and postsecondary career and technical education offerings;

requiring the Department of Education to adopt rules;

1003.492, F.S.;

providing that industry certification is achieved when a student receives a credential that is identified on the Master Credentials List;

conforming provisions to changes made by the act;

amending s.

requiringconforming thatprovisions middle grades career and professional academies and career-themed courses lead to careerschanges inmade occupationsby aligned with the CAPEact; Industry Certification Funding List;

1008.41,1004.013, F.S.;

addingcreating the LaborStrategic MarketEfforts Estimatingto ConferenceAchieve asSelf-Sufficiency aconsisting source of the workforce data;opportunity portal, the Open Door Grant Program, and the Money-Back Guarantee Program;

1004.015, F.S.;

providing responsibilities of the Florida Talent Development Council relating to the health care workforce in this state;

providing responsibilities of the Board of Governors and the State Board of Education;

requiring a specified gap analysis;

requiring specified entities to provide certain data;

requiring a survey to collect certain data;

amending s.

1004.02, F.S.;

revising the definitions of the terms “continuing workforce education” and “workforce education”;

creating s.

1006.75, F.S.;

requiring specified educational centers and institutions to ensure that certain services and resources prepare students for employment;

requiring student career service centers to use specified resources to assist students with certain activities;

amending s.

1007.25, F.S.;

requiring specified students to complete certain courses before a certain degree is awarded;

requiring the chairs of the State Board of Education and the Board of Governors, or their designees, to jointly appoint faculty committees to identify competencies that will result in a digital credential;

requiring specified institutions to grant and accept such credential;

requiring the Department of Education to identify certain courses in which such credential may be earned;

authorizing certain courses to use specified resources and provide students with the opportunity to create a digital resume;

amending s.

1008.39, F.S.;

conforming provisions to changes made by the act;

amending s.

1008.40, F.S.;

providing requirements for design specifications for the Workforce Development Information System;

requiring the Department of Education to work with certain entities to develop certain metrics;

providing requirements for a workforce development metrics dashboard;

amending s.

1008.41, F.S;

conforming provisions to changes made by the act;

amending s.

requiringremoving the CommissionerCAPE ofPostsecondary EducationIndustry toCertification conductFunding aList; review of the methodology used to determine certain full-time equivalent membership weights and, if necessary, recommend revised weights;

requiring that the recommendationsState beBoard providedof Education to annually adopt, based on recommendations by the GovernorCommissioner andof Education, the LegislatureCAPE byIndustry aCertification specifiedFunding date;List;

providing that certain full-time equivalent membership funding may only be earned in certain areas;

providing certificates, certifications, and courses that may be included on the list;

requiring the Commissioner of Education to conduct a certain review and make recommendations;

requiring that the recommendations be provided to the Governor and Legislature by specified date;

requiring the CAPE Industry Certification Funding List to be used to determine certain funding distributions;

conforming provisions to changes made by the act;

creating s.

1009.895, F.S.;

defining terms;

creating the Open Door Grant Program;

providing the purpose of the program;

requiring the Department of Education to provide certain grants;

providing for the prioritization of grant funding;

requiring a student to complete a specified application to be eligible for the grant;

providing for the distribution of the grant to a student based on whether the student receives other types of financial aid;

providing for reimbursement to an institution;

providing requirements for the Department of Education in administering the grant program;

requiring the Department of Education to report certain information to the State Board of Education annually;

requiring the Department of Education to adopt rules;

1011.80, F.S.;

requiring approval by the State Board of Education to conduct workforce education programs;

requiring the State Board of Education to establish criteria for the review and approval of new workforce education programs;

prohibiting certain funding to a school district or Florida College System institution until new workforce education programs are reviewed and approved;

providing requirements for the criteria;

exempting preapprenticeship and apprenticeship programs from continuing workforce education requirements relating to state funding and fees;

requiring the Credentials Review Committee to develop a returned-value funding formula beginning in a certain fiscal year;

conforming provisions to changes made by the act;

requiring the State Board of Education to phase out certain program offerings;

amending s.

requiring the departmentDepartment of Education to prioritizeaward programsgrants identifiedfor bypreapprenticeship theprograms, Laborin Marketaddition Estimatingto Conference;apprenticeship programs, that meet certain criteria;

providingauthorizing requirementsgrant forfunds awards under the Florida Pathways to Careerbe Opportunitiesused Grantfor Program;instructional personnel;

requiring the Department of Education to report certain information annually on its website;

authorizing the Department of Education to use certain funds to administer the grant program;

requiring, rather than authorizing, the State Board of Education to adopt rules;

creating s.

1011.803, F.S.;

creating the Money-Back Guarantee Program to help individuals achieve self-sufficiency;

beginning in a specified academic year, requiring each school district and Florida College System institution to offer a money back guarantee on certain programs and to establish student eligibility criteria;

requiring each school district and Florida College System institution to notify the State Board of Education of its program by a specified date;

requiring information about the program to be posted on certain websites;

requiring the Department of Education to annually report specified information to the Governor and Legislature by a specified date;

445.011,1011.81, F.S.;

conformingrequiring the Credentials Review Committee to develop a crossreturned-value reference;funding formula beginning with a specified fiscal year;

amendingconforming s.provisions to changes made by the act;

1011.80,amending F.S.;ss.

conforming443.151, a445.010, provisionand to445.045, changesF.S.; made by the act;

conforming provisions to changes made by the act;

amending ss.

943.22 and 1001.64, F.S.;

conforming cross-references;

93271 Be It Enacted by the Legislature of the State of Florida:

95273 Section 1. Subsection1. Section (7)14.36, of section 216.136, Florida Statutes, is amendedcreated to read:

14.36 Reimagining Education and Career Help Act.—The Reimagining Education and Career Help Act is created to address the evolving needs of Florida’s economy by increasing the level of collaboration and cooperation among state businesses and education communities while improving training within and equity and access to a more integrated workforce and education system for all Floridians.

(1) The Office of Reimagining Education and Career Help is created in the Executive Office of the Governor to facilitate alignment and coordination of entities responsible for the state’s workforce development system.

The head of the office is the Director of the Office of Reimagining Education and Career Help.

The Director of the Office of Reimagining Education and Career Help shall be appointed by and shall serve at the pleasure of the Governor.

(2) As used in this section, the term:

(a) “Credential” means an apprenticeship certificate, industry certification, license, advanced technical certificate, college credit certificate, career certificate, applied technology diploma, associate in applied science degree, associate in science degree, bachelor of applied science degree, and bachelor of science degree.

(b) “Office” means the Office of Reimagining Education and Career Help.

(c) “Workforce development system” means the entities and activities that contribute to the state’s talent pipeline system through education, training, and support services that prepare individuals for employment or career advancement and the entities that are responsible for oversight or conducting those activities, such as CareerSource Florida, Inc., local workforce development boards, one-stop career centers, the Department of Economic Opportunity, the Department of Education, and the Department of Children and Families.

(d) “Workforce education region” means areas of the state identified by the Department of Education, in collaboration with the Department of Economic Opportunity, to maximize resource allocation by combining two or more sources of funding to integrate education and training in order to improve access to credentials of value for participants in adult education programs.

(e) “Workforce-related program” means a program operated, delivered, or enabled, in whole or in part, by a state or local entity using federal funds or state appropriations to offer incentives, funding, support, or guidance for any of the following purposes:

1. Job training.

2. The attainment of a credential of value identified pursuant to s.

445.004(4)(h)4.c.

3. The attainment of a postsecondary degree or credential.

4. The provision of other types of employment assistance.

5. Any other program that has, at least in part, the goal of securing employment or better employment for an individual and receives federal funds or a state appropriation.

(3) The duties of the office are to:

(a) Serve as the advisor to the Governor on matters related to the state’s workforce development system.

(b) Establish criteria and goals for workforce development and diversification in the state’s workforce development system.

(c) Provide strategies to align and improve efficiency in the state’s workforce development system and the delivery of workforce-related programs.

(d) Coordinate state and federal workforce-related programs, plans, resources, and activities provided by CareerSource Florida, Inc., the Department of Economic Opportunity, and the Department of Education.

(e) Oversee the Workforce Development Information System described in s.

1008.40 to verify the validity of data collected and monitor compliance of workforce-related programs and education and training programs with applicable federal and state requirements as authorized by federal and state law.

(f) Serve on the Credentials Review Committee established in s.

445.004 to identify nondegree and degree credentials of value and facilitate the collection of data necessary to conduct committee work.

(g) Coordinate and facilitate a memorandum of understanding for data sharing agreements of the state’s workforce performance data among state agencies and align, to the greatest extent possible, performance measures adopted under ss.

445.004 and 1008.43.

(h) Develop the criteria for assigning a letter grade for each local workforce development board under s.

445.004.

The criteria shall, in part, be based on local workforce development board performance accountability measures and return on investment.

The majority of the grade shall be based on the improvement by each local workforce development board in the long-term self-sufficiency of participants through outcome measures such as reduction in long-term public assistance and the percentage of participants whose wages were higher after program completion compared to wages before participation in a program.

(i) Streamline the clinical placement process and increase clinical placement opportunities for students, hospitals, and other clinical sites by administering, directly or through a contract, a web-based centralized clinical placement system for use by all nursing education programs subject to the requirements in s.

464.019.

(j) Direct the objectives of the Florida Talent Development Council established in s.

1004.015.

(4) The office shall create a no-wrong-door-entry strategy to improve equity and access to the myriad of state and federally funded workforce-related programs through CareerSource Florida, Inc., local workforce development boards, one-stop career centers, school districts, charter technical centers, Florida College System institutions, the State University System, and through eligible training providers.

Individuals may not be required to visit multiple locations when seeking access to education and workforce training.

To create the strategy, the office shall:

(a) Develop a training course to cross-train all staff within the state’s workforce development system on workforce related programs, including how to use an integrated case management system, develop an individual employment plan, conduct a comprehensive needs assessment, precertify individuals for workforce-related programs, and on any other activities to reinforce the no-wrong-door-entry strategy.

(b) Coordinate and facilitate a common intake form and case management system for use by workforce-related programs to minimize duplicate data entry.

(c) Coordinate and facilitate a memorandum of understanding between the Department of Economic Opportunity and the Department of Children and Families to permit Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) clients to precertify for Workforce Innovation and Opportunity Act training services without having to physically visit a one-stop center.

(d) Oversee the performance evaluation of workforce-related programs and services under s.

445.033.

(e) Identify other state and federal programs that serve individuals with significant barriers to employment as demonstrated by low placement, employment, and earnings rates and identify strategies to increase the utilization of such programs by local workforce development boards.

(5) The office shall provide the public with access to available federal, state, and local services and provide stakeholders with a systemwide, global view of workforce-related program data across various programs through actionable qualitative and quantitative information.

The office shall:

(a) Minimize duplication and maximize the use of existing resources by facilitating the adaptation and integration of state information systems to improve usability and seamlessly link to the workforce opportunity portal and other compatible state information systems and applications to help residents of the state:

1. Explore and identify career opportunities.

2. Identify in-demand jobs and associated earning potential.

3. Identify the skills and credentials needed for specific jobs.

4. Access a broad array of federal, state, and local workforce-related programs.

5. Determine the quality of workforce-related programs offered by public postsecondary educational institutions and public and private training providers, based on employment, wages, continued education, student loan debt, and receipt of public assistance by graduates of workforce, certificate, or degree programs.

To gather this information, the office shall review each workforce-related program 1 year after the program’s first graduating class and every 5 years after the first review.

6. Identify opportunities and resources to support individuals along their career pathway.

7. Provide information to help individuals understand their potential earnings through paid employment and cope with the loss of public assistance as they progress through career pathways toward self-sufficiency.

8. Map the timing and magnitude of the loss of public assistance for in-demand occupations across the state to help individuals visualize how their incomes will increase over time as they move toward self-sufficiency.

(b) Provide access to labor market data consistent with the official information developed by the Labor Market Estimating Conference and provide guidance on how to analyze the data, the appropriate use of the data, and any limitations of the data, including instances in which such data may not be used.

(c) Maximize the use of the workforce opportunity portal at locations within the workforce development system.

(d) Maximize the use of available federal and private funds for the development and initial operation of the workforce opportunity portal.

Any incidental costs to state agencies must be derived from existing resources.

(e) By December 1, 2022, and annually thereafter, report to the Legislature on the implementation and outcomes of the workforce opportunity portal, including the increase of economic self-sufficiency of individuals.

Section 2. Subsection (7) of section 216.136, Florida Statutes, is amended to read:

Such information mustshall include labor supply by education level, analyses of labor demand by occupational groups and occupations compared to labor supply, a ranking of critical areas of concern, and identification of in-demand, high-skill, high-wagemiddle-level occupations.to high level wage occupations prioritized by level of statewide or regional shortages.

216.135, state agencies shallmust ensure that any related work product regarding labor demand and supply is consistent with the official information developed by the Labor Market Estimating Conference,usingConference created in this section, using quantitative and qualitative research methods, must include at least:

short-term and longlong-term term forecasts of employment demand for jobs by occupation and industry;

(c) The(b)(c) The Labor Market Workforce Estimating Conference, for the purposes described in paragraph (a), shall meet at least twice a year forand theas purposesnecessary describedto inaddress paragraphemerging (a)opportunities for the state’s economy no less than 2 times in a calendar year.

Section 2. Subsection3. Paragraph (2)(b) of subsection (8) of section 445.002,288.047, Florida Statutes, is amended to read:

288.047 Quick-response training for economic development.— (8) The Quick-Response Training Program is created to provide assistance to participants in the welfare transition program.

CareerSource Florida, Inc., may award quick-response training grants and develop applicable guidelines for the training of participants in the welfare transition program.

In addition to a local economic development organization, grants must be endorsed by the applicable local workforce development board.

(b) Participants trained under pursuant to this subsection must be employed at a job paying a wage equivalent to or above the state’s minimum hourly wage at least $6 per hour.

Section 4. Subsection (2) of section 445.002, Florida Statutes, is amended to read:

(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, gross mismanagement, waste, or lack of performance.

Section 3. Present5. Paragraph subsections(a) (8)of throughsubsection (13)(3) and subsection (6) of section 445.004,445.003, Florida Statutes, are redesignatedamended, asand subsections (9) through (14), respectively, a new subsection (8)(7) is added to that section, and paragraph (d) of subsection (3), subsections (6) and (7), paragraph (b) of present subsection (9), and present subsection (11) of that section are amended, to read:

445.003 Implementation of the federal Workforce Innovation and Opportunity Act.— (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.

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.

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, and evaluate the long-term impact of innovative Individual Training Account pilots, demonstrations, and programs to enable participants to attain self-sufficiency and to evaluate the effectiveness of performance-based contracts used by local workforce development boards under s.

445.024(5) on increasing wages and employment over the long term.

Of such funds retained at the state level, $2 million may 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;

operating fiscal, compliance, and management accountability systems through the department;

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.

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, including, but not limited to, programs for incumbent workers, nontraditional employment, and enterprise zones.

The state board, in consultation with the department, 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.

For purposes of this subparagraph, the term “businesses” includes hospitals operated by nonprofit or local government entities which provide nursing opportunities to acquire new or improved skills.

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 under pursuant to s.

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

Priority for Funding priority shall be given in the following order:

to (I) Businesses that provide employees with opportunities to acquire new or improved skills by earning a credential on the Master Credentials List.

(II) Hospitals operated by nonprofit or local government entities that provide nursing opportunities to acquire new or improved skills.

(III) Businesses whose grant proposals represent a significant upgrade in employee skills.

(IV) Businesses with 25 employees or fewer, businesses in rural areas, and businesses in distressed inner-city areas., (V) 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 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 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 and approved by the Governor.

(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 require authorize the executive director and staff to work with the department to minimize duplication and maximize efficient use of resources in carrying out the functions of the Workforce Innovation and Opportunity Act.

(7) DUTIES OF THE DEPARTMENT.—The department shall adopt rules to implement the requirements of this chapter, including:

(a) The submission, review, and approval of local workforce plans.

(b) Initial and subsequent eligibility criteria, based on input from the state board, local workforce development boards, the Department of Education, and other stakeholders, for the Workforce Innovation and Opportunity Act eligible training provider list.

This list directs training resources to programs leading to employment in high-demand and high-priority occupations that provide economic security, particularly those occupations facing a shortage of skilled workers.

A training provider who offers training to obtain a credential on the Master Credentials List under s.

445.004(4)(h) may not be included on a state or local eligible training provider list if the provider fails to submit the required information or fails to meet initial or subsequent eligibility criteria.

Subsequent eligibility criteria must use the performance and outcome measures defined and reported under s.

1008.40, to determine whether each program offered by a training provider is qualified to remain on the list.

1. For the 2021-2022 program year, the Department of Economic Opportunity and the Department of Education shall establish the minimum criteria a training provider must achieve for completion, earnings, and employment rates of eligible participants.

The minimum program criteria may not exceed the threshold at which more than 20 percent of all eligible training providers in the state would fall below.

2. Beginning with the 2022-2023 program year, each program offered by a training provider must, at a minimum, meet all of the following:

a. Income earnings for all individuals who complete the program that are equivalent to or above the state’s minimum wage in a calendar quarter.

b. An employment rate of at least 75 percent for all individuals.

For programs linked to an occupation, the employment rate is calculated based on obtaining employment in the field in which the participant was trained.

c. A completion rate of at least 75 percent for all individuals, beginning with the 2023-2024 program year.

(c) Monitoring compliance of programs authorized by this chapter and determining whether such programs are meeting performance expectations, including an analysis of the return on investment of workforce-related programs on individual employment, earnings, and public benefit usage outcomes and a cost-benefit analysis of the monetary impacts of workforce services from the participant and taxpayer points of view.

Section 6. Paragraph (d) of subsection (3), paragraphs (b) and (e) of subsection (5), subsections (6), (7), and (8), paragraph (b) of subsection (9), and subsection (11) of section 445.004, Florida Statutes, are amended, and paragraph (h) is added to subsection (4) of that section, to read:

duties and powers.— (3) (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, the Division of Vocational Rehabilitation, the Division of Blind Services, the Department of Children and Families, and other entities representing programs identified in the Workforce Innovation and Opportunity Act, as determined necessary.

(4) (h)1. The state board shall appoint a Credentials Review Committee to identify nondegree credentials and degree credentials of value for approval by the state board and inclusion in the Master Credentials List.

Such credentials must include registered apprenticeship programs, industry certifications, licenses, advanced technical certificates, college credit certificates, career certificates, applied technology diplomas, associate degrees, baccalaureate degrees, and graduate degrees.

The Credentials Review Committee must include:

a. The Chancellor of the Division of Public Schools.

b. The Chancellor of the Division of Career and Adult Education.

c. The Chancellor of the Florida College System.

d. The Chancellor of the State University System.

e. The Director of the Office of Reimagining Education and Career Help.

f. Four members from local workforce development boards, with equal representation from urban and rural regions.

g. Two members from nonpublic postsecondary institutions.

h. Two members from industry associations.

i. Two members from Florida-based businesses.

j. Two members from the Department of Economic Opportunity.

k. One member from the Department of Agriculture and Consumer Services.

2. All information pertaining to the Credentials Review Committee, the process for the approval of credentials of value, and the Master Credentials List must be made available and be easily accessible to the public on all relevant state agency websites.

3. The Credentials Review Committee shall establish a definition for credentials of value and create a framework of quality.

The framework must align with federally funded workforce accountability requirements and undergo biennial review.

4. The criteria to determine value for nondegree credentials should, at a minimum, require:

a. Evidence that the credential meets labor market demand as identified by the Labor Market Estimating Conference created in s.

216.136 or meets local demand as identified in the criteria adopted by the Credentials Review Committee.

Evidence must include employer information on present credential use or emerging opportunities.

b. Evidence that the competencies mastered upon completion of the credential are aligned with labor market demand.

c. Evidence of the employment and earnings outcomes for individuals after obtaining the credential.

Earnings outcomes must provide middle-level to high-level wages with preference given to credentials generating high-level wages.

Credentials that do not meet the earnings outcomes criteria must be part of a sequence of credentials that are required for the next level occupation that does meet the earnings outcomes criteria in order to be identified as a credential of value.

For new credentials, this criteria may be met with conditional eligibility until measurable labor market outcomes are obtained.

5. The Credentials Review Committee shall establish the criteria to determine value for degree programs.

This criteria shall include evidence that the program meets the labor market demand as identified by the Labor Market Estimating Conference created in s.

216.136 or meets local demand as determined by the committee.

Such criteria must be used to designate programs of emphasis under s.

1001.706 and to guide the development of program standards and benchmarks under s.

1004.92.

6. The Credentials Review Committee shall establish a process for prioritizing nondegree credentials and degree programs based on critical statewide or regional shortages.

7. The Credentials Review Committee shall establish a process for:

a. At a minimum, quarterly review and approval of credential applications.

Approved credentials of value shall be used by the committee to develop the Master Credentials List.

b. Annual review of the Master Credentials List.

c. Phasing out credentials on the Master Credentials List which no longer meet the framework of quality.

d. Designating performance funding eligibility under ss.

1011.80 and 1011.81, based upon the highest available certification for postsecondary students.

e. Beginning with the 2022-2023 school year, the state board shall submit the Master Credentials List to the State Board of Education.

The list must, at a minimum, identify nondegree credentials and degree programs determined to be of value for purposes of ss.

1008.44 and 1011.62(1);

if the credential or degree program meets statewide, regional, or local level demand;

the type of certificate, credential, or degree;

and the primary standard occupation classification code.

For the 2021-2022 school year, the Master Credentials List shall be composed of the CAPE Industry Certification Funding List and the CAPE Postsecondary Industry Certification Funding List under ss.

1008.44 and 1011.62(1) and adopted by the State Board of Education before October 1, 2021.

8. The Credentials Review Committee shall establish a process for linking Classifications of Instructional Programs (CIP) to Standard Occupational Classifications (SOC) for all new credentials of value identified on the Master Credentials List.

The CIP code aligns instructional programs to occupations.

A CIP to SOC link indicates that programs classified in the CIP code category prepare individuals for jobs classified in the SOC code category.

The state board shall submit approved CIP to SOC linkages to the State Board of Education with each credential that is added to the Master Credentials List.

9. The Credentials Review Committee shall identify all data elements necessary to collect information on credentials by the Florida Education and Training Placement Program automated system under s.

1008.39.

10. The Credentials Review Committee shall develop a returned-value funding formula as provided under ss.

1011.80(7)(b) and 1011.81(2)(b).

When developing the formula, the committee may not penalize Florida College System institutions or school districts if students postpone employment to continue their education.

(5) The state board has 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:

(b) Providing policy direction to ensure that the following programs are administered by the department consistent with approved plans:

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;

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 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.

898 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.

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

The state board’s policy is 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 and any of its committees, councils, or administrative entities 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 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.

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

This approach should ensure the effective use of federal, state, local, and private resources in reducing the need for public assistance by combining two or more sources of funding to support workforce-related programs or activities for vulnerable populationspopulations. when appropriate or authorized.

(d) Identifying barriers to coordination and alignment among workforce-related programs and activities and developing solutions to remove such barriersbarriers. 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(e) Maintaining policy direction for a systemMaster toCredentials projectList andthat: evaluate labor market supply and demand using the results of the Labor Market Workforce Estimating Conference created in s.

1. Serves as a public and transparent inventory of state approved credentials of value.

2. Directs the use of federal and state funds for workforce education and training programs that lead to approved credentials of value.

3. Guides workforce education and training programs by informing the public of the credentials that have value in the current or future job market (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.

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

(a) All audits and investigations, including any audit or investigation conducted under subsection (9) (8).

(d) The amount of progress madeon toward implementing solutions to address barriers to coordination and alignment among programs and activities identified under paragraph (6)(d).

(8) Beginning(8) Annually, beginning July 1, 2022, the state board shall annually assign and make public a letter grade for each local workforce development board.board using the criteria established by the Office of Reimagining Education and Career Help under s.

(10)(9) The14.36 statePursuant board,to inhis collaborationor withher theown localauthority workforceor developmentat boardsthe anddirection appropriateof statethe agenciesLegislative andAuditing localCommittee, publicthe andAuditor privateGeneral servicemay providers,conduct shallan establishaudit uniformof performance accountability measures that apply across the corestate programsboard toand gaugeCareerSource theFlorida, performanceInc., ofor the stateprograms andor localentities workforcecreated developmentby boards in achieving the workforcestate developmentboard. strategy.

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, 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.

(12)(11) The(11) The workforce development system must use local design and control of service delivery and targeted activities.

The state board shall establish incentives for effective alignment and coordination of federal and state programs,programs outlineand rewardsthose foridentified achievingby the long-termOffice self-sufficiency of participantsReimagining successfulEducation job placements, and instituteCareer collaborativeHelp approachesunder amongs. local service providers.

Section14.36(4)(e), 4. Subsectionoutline (1),rewards paragraphfor (a)long-term ofself-sufficiency subsection (2), and subsections (6), (11), and (12) of sectionsuccessful 445.007,job Floridaplacements Statutes,participants, are amended, and subsectionsinstitute (13)collaborative andapproaches (14)among arelocal addedservice toproviders. that section, to read:

Section 7. Subsection (2) of section 445.006, Florida Statutes, is amended, and subsection (4) is added to that section, to read:

445.006 State plan for workforce development.— (2) STRATEGIC PLANNING ELEMENTS.—The state board, in conjunction with state and local partners in the workforce development system, shall develop strategic planning elements, pursuant to Pub.

L.

No.

113-128, Title I, s.

102, for the state plan.

(a) The strategic planning elements of the state plan must include, but need not be limited to, strategies for:

1. Fulfilling the workforce system goals and strategies prescribed in s.

445.004.;

2. Aggregating, integrating, and leveraging workforce system resources.;

3. Coordinating the activities of federal, state, and local workforce system partners.;

4. Addressing the workforce needs of small businesses.;

and 5. Fostering the participation of rural communities and distressed urban cores in the workforce system.

(b) The strategic planning elements must include criteria for allocating workforce resources to local workforce development boards.

With respect to allocating funds to serve customers of the welfare transition program, such criteria may include weighting factors that indicate the relative degree of difficulty associated with securing and retaining employment placements for specific subsets of the welfare transition caseload.

(c) The state plan must describe:

1. How the activities will be carried out by the respective core programs to implement the strategy and how the activities will be aligned across the programs and among the entities administering the programs, including using coenrollment and other strategies.

2. How the activities will be aligned with other activities that are provided under employment, training, education, including career and technical education, and human services programs that are not covered by the state plan, as appropriate, to avoid duplication and assure coordination.

3. How the entities carrying out the respective core programs will coordinate activities and provide comprehensive, high-quality services, including supportive services, to individuals.

4. How the state’s strategy to engage Florida College System institutions and local career and technical education schools as partners in the workforce development system will enable the state to leverage other federal, state, and local investments and increase access to workforce development programs at those institutions.

5. How the activities will be coordinated with economic development strategies.

6. How the state’s strategy will improve access to activities leading to a state approved recognized postsecondary credential, including a credential that is an industry recognized certificate or certification that is portable and builds on additional education or training.

(4) WAIVERS.—The department shall prepare a federal waiver to be submitted by the Governor to the United States Department of Labor which:

(a) Allows the state board to fulfill the roles and responsibilities of local workforce development boards or that reduces the number of local workforce development boards based on population size and commuting patterns in order to:

1. Eliminate multiple layers of administrative entities to improve coordination of the workforce development system.

2. Establish consistent eligibility standards across the state to improve the accountability of workforce-related programs.

3. Provide greater flexibility in the allocation of resources to maximize the funds directed to training and business services.

(b) Allows the Governor to reallocate funds among local areas that have a demonstrated need for additional funding and programmatic outcomes that will maximize the use of the additional funds to serve low-income individuals, public assistance recipients, dislocated workers, and unemployment insurance claimants.

Section 8. Section 445.007, Florida Statutes, is amended to read:

The local workforce development board’s website, or the department’s website if the local board does not maintain a website, must inform the public that each disclosure or statement has been filed with the Commission on Ethics and provide information ason to how each disclosure or statement may be reviewed.

The notice to the public must remain on the website throughout the term of office or employment of the filer and until 1 year after histhe or her term on the local board or employment,employment as applicable, ends.

AMembers member of a local workforce development board mayshall not serve asstaggered aterms memberand ofmay thenot boardserve for more than 68 consecutive years, unless such member is a representative of a governmental entity.

Service in a term of office which commenced before July 1, 2021, does not count toward the 8-year limitation.

(b) The Governor may remove a member of the local board, the executive director of the local board, or the designated person responsible for the operational and administrative functions of the local board for cause.

(c) The chief elected official for the local workforce development board may remove a member of the local board, the executive director of the local board, or the designated person responsible for the operational and administrative functions of the local board for cause.

(3) The department shall assign staff to meet with each local workforce development board annually to review the local board’s performance as determined under s.

445.004(8) and to certify that the local board is in compliance with applicable state and federal law.

(4) In addition to the duties and functions specified by the state board and by the interlocal agreement approved by the local county or city governing bodies, the local workforce development board shall have the following responsibilities:

(a) Develop, submit, ratify, or amend the local plan pursuant to Pub.

L.

No.

113-128, Title I, s.

108 and this act.

(b) Conclude agreements necessary to designate the fiscal agent and administrative entity.