CHAPTER 445

445.001 Short title. This chapter may be cited as the “Workforce Innovation Act of 2000.” History. — s. 1, ch. 2000-165. 445.002 Definitions. As used in this chapter, the term: (1) “Department” means the Department of Commerce. (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. (3) “Services and one-time payments” or “services,” when used in reference to individuals who are not receiving temporary cash assistance, means nonrecurrent, short-term benefits designed to deal with a specific crisis situation or episode of need and other services; work subsidies; supportive services such as child care and transportation; services such as counseling, case management, peer support, and child care information and referral; transitional services, job retention, job advancement, and other employment-related services; nonmedical treatment for substance abuse or mental health problems; teen pregnancy prevention; two-parent family support, including noncustodial parent employment; court-ordered supervised visitation, and responsible fatherhood services; and any other services that are reasonably calculated to further the purposes of the welfare transition program. Such terms do not include assistance as defined in federal regulations at 45 C.F.R. s. 260.31(a). (4) “State board” means the state workforce development board established pursuant to the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, Title I, s. 101. The state board is the board of directors of CareerSource Florida, Inc., which works at the direction of the state board in consultation with the department as required by this chapter. (5) “Welfare transition services” means those workforce services provided to current or former recipients of temporary cash assistance under chapter 414. History. — s. 2, ch. 2000-165; s. 380, ch. 2011-142; s. 10, ch. 2020-30; s. 4, ch. 2021-164; s. 202, ch. 2024-6. 445.003 Implementation of the federal Workforce Innovation and Opportunity Act. (1) WORKFORCE INNOVATION AND OPPORTUNITY ACT PRINCIPLES. — The state’s approach to implementing the federal Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, should have six elements: (a) Streamlining services. — Florida’s employment and training programs must be coordinated and consolidated at locally managed one-stop delivery system centers. (b) Empowering individuals. — Eligible participants will make informed decisions, choosing the qualified training program that best meets their needs. (c) Universal access. — Through a one-stop delivery system, every Floridian will have access to employment services. (d) Increased accountability. — The state, localities, and training providers will be held accountable for their performance. (e) Local board and private sector leadership. — Local workforce development boards will focus on strategic planning, policy development, and oversight of the local system, choosing local managers to direct the operational details of their one-stop delivery system centers. (f) Local flexibility and integration. — Localities will have exceptional flexibility to build on existing reforms. Unified planning will free local groups from conflicting micromanagement, while waivers and WorkFlex will allow local innovations. (2) FOUR-YEAR PLAN. — The state board shall prepare and submit a 4-year plan, consistent with the requirements of the Workforce Innovation and Opportunity Act. Mandatory and optional federal partners shall be fully involved in designing the plan’s one-stop delivery system strategy. The plan must clearly define each program’s statewide duties and role relating to the system. The plan must detail a process that would fully integrate all federally mandated and optional partners. (3) FUNDING. — (a) Title I, Workforce Innovation and Opportunity Act funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended based on the 4-year plan of the state board. 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, 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 and health care facilities operated by nonprofit or local government entities which provide nursing or allied health care 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 s. 134(d)(4) of the Workforce Innovation and Opportunity Act. Funding priority shall be given in the following order: (I) Businesses that provide employees with opportunities to acquire new or improved skills by earning a credential on the Master Credentials List. (II) Hospitals or health care facilities operated by nonprofit or local government entities that provide opportunities in health care 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 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. (b) The administrative entity for Title I, Workforce Innovation and Opportunity Act funds, and Rapid Response activities is the department, which shall provide direction to local workforce development boards regarding Title I programs and Rapid Response activities. (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED MODIFICATIONS. — (a) The state board may provide indemnification from audit liabilities to local workforce development boards that act in full compliance with state law and board policy. (b) The state board, in consultation with the department, may make modifications to the state’s plan, policies, and procedures to comply with federally mandated requirements that in its judgment must be complied with to maintain funding provided pursuant to Pub. L. No. 113-128. The state board shall provide written notice to the Governor, the President of the Senate, and the Speaker of the House of Representatives within 30 days after any such changes or modifications. (c) The state board shall enter into a memorandum of understanding with the Florida Department of Education to ensure that federally mandated requirements of Pub. L. No. 113-128 are met and are in compliance with the state plan for workforce development. (5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT. — The state board may recommend workforce related divisions, bureaus, units, programs, duties, commissions, boards, and councils for elimination, consolidation, or privatization. (6) AUTHORITY TO HIRE EXECUTIVE DIRECTOR AND STAFF. — The state board may hire an executive director and staff to assist in carrying out the functions of the Workforce Innovation and Opportunity Act and in using funds made available through the act. The state board shall require 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. The Department of Commerce and the Department of Education shall establish the minimum criteria a training provider must achieve for completion, earnings, and employment rates of eligible participants. A provider must meet at least two of the minimum criteria for subsequent eligibility. The minimum program criteria may not exceed the threshold below which more than 20 percent of all eligible training providers in the state would fall. (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. History. — s. 57, ch. 99-251; s. 46, ch. 2000-158; s. 3, ch. 2000-165; s. 69, ch. 2001-62; s. 41, ch. 2004-357; s. 78, ch. 2005-2; s. 2, ch. 2005-255; s. 381, ch. 2011-142; s. 1, ch. 2012-29; s. 27, ch. 2015-98; s. 26, ch. 2016-216; s. 9, ch. 2017-233; s. 11, ch. 2020-30; s. 5, ch. 2021-164; s. 6, ch. 2023-81; s. 41, ch. 2024-2; s. 203, ch. 2024-6; s. 11, ch. 2024-234. Note. — Former s. 288.9956. 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. To the extent permitted by state or federal law, CareerSource Florida, Inc., in consultation with the department, shall assist the state board in researching and studying streamlined and collaborative approaches to workforce development which result in cost savings and efficiencies throughout the state. 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 voting 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 Commerce or his or her designee 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, including industry certifications for agricultural occupations submitted pursuant to s. 570.07(43); 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, who shall serve as chair of the committee. 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 Commerce. 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 Statistics Center within the Department of Commerce or 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. The Credentials Review Committee may consider additional evidence to determine labor market demand for credentials for agricultural occupations. Evidence to be considered by the Credentials Review Committee 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 must include evidence that the program meets statewide or regional labor market demand as identified by the Labor Market Statistics Center within the Department of Commerce or the Labor Market Estimating Conference created in s. 216.136, or meets local demand as determined by the committee. The Credentials Review Committee may consider additional evidence to determine labor market demand for credentials for agricultural occupations. Such criteria, once available and applicable to baccalaureate degrees and graduate degrees, 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. Credentials must remain on the list for at least 1 year after identification for removal. d. Designating performance funding eligibility under ss. 1011.80 and 1011.81, based upon the highest available certification for postsecondary students. e. Upon approval, 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 the CAPE Industry Certification Funding List adopted under s. 1008.44; 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. f. If an application submitted to the Credentials Review Committee does not meet the required standards, the Credentials Review Committee must provide a notice of deficiency to the applicant and the provider who was identified as the point of contact provided on the application by the end of the next quarter after receipt of the application. The notice must include the basis for denial and the procedure to appeal the denial. 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. (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. 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, in consultation with the department, 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. (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. (f) Requiring administrative cost arrangements among planning regions. (g) Implementing consistent contract and procurement policies and procedures. (h) Requiring the use of a state-established template for contracts or other methods for ensuring all contract mechanisms follow certain standards established by the state board. (i) Leveraging buying power to achieve cost savings for fringe benefits, including, but not limited to, health insurance, life insurance, and retirement. (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) Each October 15, the state board shall make the public information available and easily accessible on its website for each local workforce development board using the criteria established by the Office of Reimagining Education and Career Help under s. 14.36, including the most recently assigned letter grade. (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; s. 7, ch. 2023-81; s. 134, ch. 2023-173; s. 204, ch. 2024-6; s. 12, ch. 2024-234; s. 36, ch. 2026-14. Note. — Former s. 288.0475; s. 288.9620; s. 288.9952. 445.006 State plan for workforce development. (1) STATE PLAN. — The state board, in conjunction with state and local partners in the workforce system, shall develop a state plan that produces an educated and skilled workforce. The state plan must consist of strategic and operational planning elements. The state plan shall be submitted by the Governor to the United States Department of Labor pursuant to the requirements of Pub. L. No. 113-128. (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. 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. (3) OPERATIONAL PLANNING ELEMENTS. — The state board, in conjunction with state and local partners in the workforce system, shall develop operational planning elements, pursuant to Pub. L. No. 113-128, Title I, s. 102, for the state plan. (4) WAIVERS. — The department shall prepare a federal waiver to be submitted by the Governor to the United States Department of Labor that: (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. History. — s. 6, ch. 2000-165; s. 4, ch. 2005-255; ss. 145, 197, ch. 2010-102; s. 29, ch. 2015-98; s. 28, ch. 2016-216; s. 13, ch. 2020-30; s. 7, ch. 2021-164. 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 e