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The Florida Statutes

The 2021 Florida Statutes

Title XXXI
LABOR
Chapter 445
WORKFORCE SERVICES
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F.S. 445.004
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 the department. 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, the principal workforce policy organization for the state. The purpose of the state board 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) Members of the state board described in Pub. L. No. 113-128, Title I, s. 101(b)(1)(C)(iii)(I)(aa) are nonvoting members. The number of members is 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.
(b) The state board shall be chaired by a 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 Secretary of Economic Opportunity or his or her designee, 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.
(e) A member of the state board may be removed by the Governor for cause. Absence from three consecutive meetings results in automatic removal. The chair of the state board shall notify the Governor of such absences.
(f) Representatives of businesses appointed to the state board 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 state board 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) A majority of the total current membership of the state board 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.
(c) Except as delegated or authorized by the state board, individual members have no authority to control or direct the operations of CareerSource Florida, Inc., or the actions of its officers and employees.
(d) Members of the state board and its committees serve without compensation, but these members and the president and employees of CareerSource Florida, Inc., may be reimbursed for all reasonable, necessary, and actual expenses as provided under s. 112.061.
(e) The state board shall establish an executive committee consisting of the chair and at least six additional 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 may not delegate to the executive committee authority to take action that requires approval by a majority of the entire state board.
(f) 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) Each member of the state board who is not otherwise required to file a financial disclosure under s. 8, Art. II of the State Constitution or s. 112.3144 must file disclosure of financial interests under s. 112.3145.
(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 that 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 comprised 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:
(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 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.
(c) 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 contracts, including those solicited, managed, or paid by the department under s. 20.60(5)(c), are exempt from s. 112.061, but shall be governed by subsection (1).
(d) 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) 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.
(f) 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) 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 shall achieve the purposes of this section by:
(a) Creating a state employment, education, and training policy that ensures workforce related programs are responsive to present and future business and industry needs and complement the initiatives of Enterprise Florida, Inc.
(b) Establishing policy direction for a uniform funding system that prioritizes evidence-based, results-driven solutions by providing 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 by combining two or more sources of funding to support workforce related programs or activities for vulnerable populations.
(d) Identifying barriers to coordination and alignment among workforce related programs and activities and developing solutions to remove such barriers.
(e) Maintaining a Master Credentials List that:
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.
(7) By December 1 of each year, the state board, in consultation with the department, 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 and investigations.
(b) The operations and accomplishments of the state board, including the programs or entities specified in subsection (6).
(c) The number of mandatory partners located within one-stop centers.
(d) The progress on implementing solutions to address barriers to coordination and alignment among programs and activities identified under paragraph (6)(d).
(8) Annually, beginning July 1, 2022, the state board shall assign and make public a letter grade for each local workforce development board using the criteria established by the Office of Reimagining Education and Career Help under s. 14.36.
(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.
(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). Any local performance accountability measures that are established must be based on identified local area needs.
(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 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. 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 local design and control of service delivery and targeted activities. The state board, in consultation with the department, is responsible for ensuring that local workforce development boards 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 shall establish incentives for effective alignment and coordination of federal and state programs and those identified by the Office of Reimagining Education and Career Help under s. 14.36(4)(e), outline rewards for long-term self-sufficiency of participants, and institute collaborative approaches among local service providers.
(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. 331.3051.
(13) The department may consult with the state board to issue technical assistance letters on the operation of federal programs and the expenditure of federal funds by the state board or any local workforce development board. A technical assistance letter must be in writing, must be posted on the department’s website, and remains in effect until superseded or terminated. A technical assistance letter is not a rule of general applicability under s. 120.54 and is not a declaratory statement issued under s. 120.565 or an order issued under s. 120.569. Section 120.53 does not apply to technical assistance letters.
History.s. 1, ch. 94-232; s. 875, ch. 95-148; s. 112, ch. 96-320; s. 6, ch. 96-404; s. 42, ch. 97-278; s. 52, ch. 99-8; s. 75, ch. 99-13; s. 53, ch. 99-251; s. 4, ch. 2000-165; s. 3, ch. 2001-66; s. 4, ch. 2001-175; s. 1003, ch. 2002-387; s. 42, ch. 2004-357; s. 3, ch. 2005-255; s. 66, ch. 2006-60; s. 12, ch. 2006-301; s. 121, ch. 2008-4; s. 35, ch. 2010-209; s. 382, ch. 2011-142; s. 28, ch. 2015-98; s. 27, ch. 2016-216; s. 10, ch. 2017-233; s. 12, ch. 2020-30; s. 14, ch. 2021-25; s. 6, ch. 2021-164.
Note.Former s. 288.0475; s. 288.9620; s. 288.9952.