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The Florida Statutes

The 2022 Florida Statutes

Title XXXI
LABOR
Chapter 445
WORKFORCE SERVICES
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F.S. 445.007
445.007 Local workforce development boards.
(1) One local workforce development board shall be appointed in each designated service delivery area and shall serve as the local workforce development board pursuant to Pub. L. No. 113-128. The membership of the local board must be consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a public education or training provider is represented on the local board, a representative of a private education provider must also be appointed to the local board. The state board may waive this requirement if requested by a local board if it is demonstrated that such representatives do not exist in the region. The importance of minority and gender representation shall be considered when making appointments to the local board. The local board, its committees, subcommittees, and subdivisions, and other units of the workforce system, including units that may consist in whole or in part of local governmental units, may use any method of telecommunications to conduct meetings, including establishing a quorum through telecommunications, provided that the public is given proper notice of the telecommunications meeting and reasonable access to observe and, when appropriate, participate. Local boards are subject to chapters 119 and 286 and s. 24, Art. I of the State Constitution. Each member of a local board who is not otherwise required to file a full and public disclosure of financial interests under s. 8, Art. II of the State Constitution or s. 112.3144 shall file a statement of financial interests under s. 112.3145. The executive director or designated person responsible for the operational and administrative functions of the local board who is not otherwise required to file a full and public disclosure of financial interests under s. 8, Art. II of the State Constitution or s. 112.3144 shall file a statement of financial interests under s. 112.3145. The local 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 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 the term on the local board or employment ends.
(2)(a) The local workforce development board shall elect a chair from among the representatives described in Pub. L. No. 113-128, Title I, s. 107(b)(2)(A) to serve for a term of no more than 2 years who may not serve more than two terms as chair. Members of a local workforce development board shall serve staggered terms and may not serve for more than 8 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 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. A public or private entity, including an entity established under s. 163.01, which makes a majority of the appointments to a local board may serve as the local board’s administrative entity if approved by the department based upon a showing that a fair and competitive process was used to select the administrative entity.
(c) Provide ongoing oversight related to administrative costs, duplicated services, career counseling, economic development, equal access, compliance and accountability, and performance outcomes.
(d) Oversee the one-stop delivery system in its local area.
(5) The department and CareerSource Florida, Inc., in consultation with the state board, shall implement a training program for the local workforce development boards to familiarize local board members with the state’s workforce development goals and strategies.
(6) Consistent with federal and state law, the local workforce development board shall designate all local service providers and may not transfer this authority to a third party. Consistent with the intent of the Workforce Innovation and Opportunity Act, local boards should provide the greatest possible choice of training providers to those who qualify for training services. A local board may not restrict the choice of training providers based upon cost, location, or historical training arrangements. However, a local board may restrict the amount of training resources available to any one client. Such restrictions may vary based upon the cost of training in the client’s chosen occupational area. The local board may be designated as a one-stop operator and direct provider of intake, assessment, eligibility determinations, or other direct provider services except training services. Such designation may occur only with the agreement of the chief elected official and the Governor as specified in 29 U.S.C. s. 2832(f)(2). The state board shall establish procedures by which a local board may request permission to operate under this section and the criteria under which such permission may be granted. The criteria shall include, but need not be limited to, a reduction in the cost of providing the permitted services. Such permission shall be granted for a period not to exceed 3 years for any single request submitted by the local board.
(7) Local workforce development boards shall adopt a committee structure consistent with applicable federal law and state policies established by the state board.
(8) The importance of minority and gender representation shall be considered when appointments are made to any committee established by the local workforce development board.
(9) For purposes of procurement, local workforce development boards and their administrative entities are not state agencies and are exempt from chapters 120 and 287. The local boards shall apply the procurement and expenditure procedures required by federal law and policies of the department and the state board for the expenditure of federal, state, and nonpass-through funds. The making or approval of smaller, multiple payments for a single purchase with the intent to avoid or evade the monetary thresholds and procedures established by federal law and policies of the department and the state board is grounds for removal for cause. Local boards; their administrative entities, committees, and subcommittees; and other workforce units may authorize expenditures to award suitable framed certificates, pins, or other tokens of recognition for performance by units of the workforce development system. Local boards; their administrative entities, committees, and subcommittees; and other workforce units may 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. All contracts executed by local boards must include specific performance expectations and deliverables.
(10) State and federal funds provided to the local workforce development boards may not be used directly or indirectly to pay for meals, food, or beverages for members, staff, or employees of local boards, the state board, or the department except as expressly authorized by state law. Preapproved, reasonable, and necessary per diem allowances and travel expenses may be reimbursed. Such reimbursement shall be at the standard travel reimbursement rates established in s. 112.061 and shall be in compliance with all applicable federal and state requirements. The department shall provide fiscal and programmatic guidance to the state board, CareerSource Florida, Inc., and all local boards to hold both the state and local boards strictly accountable for adherence to the policy and subject to regular and periodic monitoring by the department. Local boards are prohibited from expending state or federal funds for entertainment costs and recreational activities for local board members and employees as these terms are defined by 2 C.F.R. part 200.
(11)(a) To increase transparency and accountability, a local workforce development board must comply with the requirements of this section before contracting with a member of the local board; a relative, as defined in s. 112.3143(1)(c), of a local board member; an organization or individual represented on the local board; or an employee of the local board. Such contracts may not be executed before or without the prior approval of the department. Such contracts, as well as documentation demonstrating adherence to this section as specified by the department, must be submitted to the department for review and approval. Such a contract must be approved by a two-thirds vote of the local board, a quorum having been established; all conflicts of interest must be disclosed before the vote in a manner that is consistent with the procedures outlined in s. 112.3143(4); and any member who may benefit from the contract, or whose organization or relative may benefit from the contract, must abstain from the vote. A contract subject to the requirements of this subsection may not be included on a consent agenda.
(b) A contract under $10,000 between a local board; a relative, as defined in s. 112.3143(1)(c), of a local board member; or an employee of the local board is not required to have the prior approval of the department, but must be approved by a two-thirds vote of the local board, a quorum having been established, and must be reported to the department and the state board within 30 days after approval.
(c) All contracts between a local board and a member of the local board; a relative, as defined in s. 112.3143(1)(c), of a local board member; an organization or individual represented on the local board; or an employee of the local board, approved on or after July 1, 2021, must also be published on the local board’s website, or on the department’s website if the local board does not maintain a website, within 10 days after approval by the local board or department, whichever is later. Such contracts must remain published on the website for at least 1 year after termination of the contract.
(d) In considering whether to approve a contract under this subsection, the department shall review and consider all documentation provided to the department by the local board, including the performance of the entity with which the local board is proposing to contract with, if applicable, and the nature, size, and makeup of the business community served by the local board, including whether the entity with which the local board is proposing to contract with is the only provider of the desired goods or services within the area served by the local board.
(12) Each local workforce development board shall develop a budget for the purpose of carrying out the duties of the local board under this section, subject to the approval of the chief elected official. Each local board shall submit its annual budget for review to the department no later than 2 weeks after the chair approves the budget. The local board shall publish the budget on its website, or the department’s website if the local board does not maintain a website, within 10 days after approval by the department. The budget shall remain published on the website for the duration of the fiscal year for which it accounts for the expenditure of funds.
(13) Each local workforce development board shall annually, within 30 days after the end of the fiscal year, disclose to the department, in a manner determined by the department, the amount and nature of compensation paid to all executives, officers, directors, trustees, key employees, and the highest compensated employees, as defined for purposes of the Internal Revenue Service Form 990, Return of Organization Exempt from Income Tax, including salary, bonuses, present value of vested benefits including but not limited to retirement, accrued leave and paid time off, cashed-in leave, cash equivalents, severance pay, pension plan accruals and contributions, deferred compensation, real property gifts, and any other liability owed to such persons. The disclosure must be accompanied by a written declaration, as provided for under s. 92.525(2), from the chief financial officer, or his or her designee, that he or she has read the foregoing document and the facts stated in it are true. Such information must also be published on the local board’s website, or the department’s website if the local board does not maintain a website, for a period of 3 years after it is first published.
(14) Each local workforce development board shall annually publish its most recent Internal Revenue Service Form 990, Return of Organization Exempt from Income Tax, on its website, or the department’s website if the local board does not maintain a website. The form must be posted on the local board’s website within 60 calendar days after it is filed with the Internal Revenue Service and remain posted for 3 years after it is filed.
History.s. 2, ch. 96-404; s. 1072, ch. 97-103; s. 54, ch. 99-251; s. 7, ch. 2000-165; s. 3, ch. 2001-160; s. 5, ch. 2001-175; s. 8, ch. 2004-230; s. 5, ch. 2005-255; s. 3, ch. 2006-287; s. 1, ch. 2008-161; s. 49, ch. 2010-153; s. 383, ch. 2011-142; s. 9, ch. 2012-6; s. 2, ch. 2012-29; s. 22, ch. 2013-36; s. 114, ch. 2014-17; s. 30, ch. 2015-98; s. 29, ch. 2016-216; s. 14, ch. 2020-30; s. 8, ch. 2021-164; s. 47, ch. 2022-4.
Note.Former s. 446.602; s. 288.9953.